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Terms and Conditions

/TERMS AND CONDITIONS


By entering into a business relationship with Aim Media Group, you (the Client) agree and consent to the following terms and conditions:

TIMEFRAME AND DELIVERY

Aim Media Group will make all reasonable efforts to provide draft concepts and revisions to the Client within the timeframe agreed upon in initial consultations. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. Aim Media Group will post the initial designs in an email or to a private web site or Dropbox for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.

Aim Media Group will analyze the Client’s feedback and revise the work if necessary. Revisions will be presented to the Client within the specified timeframe where possible. Regular working days are Monday through Friday, 9am – 5pm Eastern Standard Time, excluding Ontario and Canadian holidays. Aim Media Group will continue the revision process within the terms of the specific contract, until Client is satisfied. Once the Client has approved the final concept, the Client will complete any remaining payment owed, and Aim Media Group will then proceed with the delivery phase. All requested formats of the approved design are then emailed or posted to the client download area for the Clients’ use.

COPYRIGHT / TRADEMARKS

The Client unconditionally guarantees that any element of text or graphics furnished to Aim Media Group for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Aim Media Group from any claim or suit arising from the use of such as furnished by the client.

Aim Media Group creates custom design work, and makes every effort to ensure that work is legally distinct and original. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Aim Media Groups liability is limited to free revisions to the design so as to make it legally distinct, or the provision of a new design, at the client’s discretion. Aim Media Group will do no research checking on the legal availability of the names we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Aim Media Group and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design within the intended medium, and only upon payment of all fees owing. Until the contract is paid in full, all materials remain property of Aim Media Group. Aim Media Group retains the right to display the work in their corporate portfolios, unless exclusion is explicitly requested in writing by the client. Unless otherwise arranged with your project manager, all stock photography is used under royalty-free licence of Aim Media Group. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost. Designs elements contained within final works, may not be extracted, copied, distributed, displayed on their own, modified, or reposted on their own, without Aim Media Group’s prior written permission.

DRAFT CONCEPT POLICIES AND COPYRIGHT

All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Aim Media Group, all logos, artwork, concepts and designs remain the copyright and exclusive property of Aim Media Group. Aim Media Group reserves the right to utilize and/or reproduce any image, logo or illustration created by Aim Media Group in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited use of the design upon full payment of all fees. Aim Media Group retains the rights to concepts, comprehensives and artwork involved in the design process prior to the final artwork, and is granted the right to display these designs in promotional and advertising and marketing materials unless exclusion is explicitly requested in writing by the client.

REVISIONS AND AUTHOR ALTERATIONS

Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, either by Email, or Mailed Letter. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged.

The quotation assumes a number of 3 revisions per design item. Any and all revisions above and beyond the noted 3 revisions will be incur the hourly rate as noted on the project quotation.

PAYMENT POLICIES

Design and development are commodities of time and expertise rather than manufactured product. Customers are appropriately billed for the time and expertise of our graphic designers, developers, art/creative directors and project managers. In accordance with industry standards, Aim Media Group charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance. All invoices incur a one-hour minimum charge.

Aim Media Group does not engage in speculative work and will not honour any requests for same (see www.no-spec.com for more information about spec work). We provide an extensive portfolio when requested, making it easy for potential clients to judge whether the style and quality of design offered by Aim Media Group is a good fit for their organization.

All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.

An upfront deposit of 50% (based on the quotation amount) is required for all new projects.

Preferred and trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle, allowing clients to forego any subsequent deposit requirements. Clients on monthly billing will be invoiced on or around the 1st of each month.

Deposits and payments may be made in a number of ways:
– Credit Card (Visa, Mastercard, American Express or Discover)
– Company or Certified Cheque
– Paypal
– Bank or Wire Transfer
– Money Order or Bank Draft
– Interac Email Money Transfer (via major Canadian online banking systems)

Online payments are processed securely using 1024bit encryption through Stripe.com. Please contact your project manager for details.

If your company resides in Canada, we will bill you in Canadian Dollars. If your company resides outside of Canada, we will bill you in US Dollars, and your total will be automatically converted by our gateway to $CDN during processing.

All invoices are payable on receipt, net 14 days. If the client is sending payment through the mail, we will accept a tracking number as notice of payment.

• Inactive Status
If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).

• Delinquent Status
After 30 days, a late payment charge of 2% per month (26.82% p/a) is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final warning before turning the account over to a third-party collections agency or appropriate legal avenues. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will remain with or revert to Aim Media Group. In such a case, we retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.

• Abandoned Status
A project shall be considered abandoned after 60 consecutive days wherein Aim Media Group has received no response, contact or activity from the client. Should a client abandon a project where the time worked exceeds that covered by any deposits paid, the client will receive an invoice for the difference (plus expenses, if applicable). In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit. Abandoned projects with funds owing are subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.

AIM MEDIA GROUP WEBSITE

Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Aim Media Group. All rights reserved. All other images are the copyright and/or trademark of the respective owners.

The information presented on the Aim Media Group web site is copyrighted to Aim Media Group. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.

Designs, original art and clip art presented by Aim Media Group are for the use of the authorized client. All art, images, designs, and material are copyright of Aim Media Group and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Aim Media Group and the images contained within.

All material featured on aimmedia.ca, aimmediagroup.com, aimmediagroup.ca, gritt.ca, aimmediacreative.com, aimmediacreative.ca, are offered for informational purposes only, and are offered on a ‘as is’ basis. ANY third party use of graphic or written material found on the aimmedia.ca site, including mirroring or copying any part of the site, is strictly forbidden without the express written consent of Aim Media Group or their authorized representatives.

We are an ethical company, and demand the same of our contemporaries. We actively seek out and pursue those who attempt to copy our work, and will prosecute to the fullest extent of the law.

Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the Aim Media Group web site.

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