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Terms of Service

Last Updated: January 2025

Welcome to Studio Creative. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

1. Acceptance of Terms

By accessing and using Studio Creative's website and services, you accept and agree to be bound by the terms and provisions of this agreement. This includes our Privacy Policy, which is incorporated by reference into these Terms.

2. Description of Services

Studio Creative provides web design, branding, digital strategy, and related creative services ("Services"). We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

3. Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to use our website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Studio Creative, our employees, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • To introduce any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material

Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Service Terms

Project Proposals and Estimates

All project proposals and estimates are valid for 30 days from the date of issuance. Prices are subject to change after this period.

Project Scope

The scope of work for each project will be defined in a separate agreement or statement of work. Any changes to the agreed-upon scope may result in additional fees and timeline adjustments.

Client Responsibilities

Clients are responsible for:

  • Providing timely feedback and approvals
  • Supplying all necessary materials, content, and assets
  • Ensuring they have the rights to use all materials provided to us
  • Making timely payments as outlined in the project agreement

Timelines

Project timelines are estimates and may be subject to change based on client feedback, revisions, and unforeseen circumstances. Delays caused by the client may result in timeline adjustments.

5. Payment Terms

  • Payment terms will be specified in the project agreement
  • A deposit may be required before work begins
  • Final payment is typically due before final deliverables are released
  • Late payments may incur interest charges or service suspension
  • All fees are in Canadian Dollars (CAD) unless otherwise specified

6. Intellectual Property Rights

Client Content

You retain all rights to content you provide to us. By providing content, you grant us a license to use, reproduce, and modify it as necessary to provide our Services.

Studio Creative Work Product

Upon full payment, clients receive ownership of final deliverables as specified in the project agreement. Studio Creative retains the right to:

  • Display completed work in our portfolio
  • Use project details in case studies and promotional materials
  • Retain ownership of preliminary designs, concepts, and source files unless otherwise agreed

Third-Party Assets

Any third-party assets (fonts, stock photos, plugins, etc.) used in projects are subject to their respective licenses. Clients are responsible for obtaining and maintaining necessary licenses.

7. Revisions and Modifications

The number of revisions included in a project will be specified in the project agreement. Additional revisions beyond the agreed-upon number may incur additional fees.

8. Cancellation and Refunds

  • Either party may terminate a project with written notice
  • If a client cancels a project, they are responsible for payment for work completed up to the cancellation date
  • Deposits are non-refundable
  • Refunds for completed work are at Studio Creative's sole discretion

9. Warranties and Disclaimers

Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner. However, we do not guarantee specific results or outcomes.

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Website Performance

We do not warrant that our website will be uninterrupted, secure, or error-free, or that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STUDIO CREATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising out of or relating to these Terms or our Services shall not exceed the amount paid by you to Studio Creative in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Studio Creative and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Content you provide to us

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project. This obligation survives the termination of any agreement.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Alberta, Canada. Any disputes arising out of or relating to these Terms shall be resolved through:

  1. Good faith negotiations between the parties
  2. Mediation, if negotiations fail
  3. Litigation in the courts of Alberta, Canada, if mediation is unsuccessful

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Studio Creative regarding the use of our website and Services.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: Create@studiocreative.ca
  • Phone: +1 (587) 987-9846
  • Address: Alberta, Canada

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.