SERVICE AGREEMENT
SUMMARY
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if something goes wrong. In this service agreement, you’ll find the details you’ll need to review before working together.
IN SHORT
You are hiring us, LAB CREATIVE INC, to provide branding and design support through Workshops, Brand Camp, Design + Strategy or Website Design.
WHAT BOTH PARTIES AGREE TO?
As our client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete your project(s) including direction, assets, contact information, systems access and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign your approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
WORKSHOPS
By signing up for our workshops, you agree to pay the fee and show up on time and prepared for our time together in order to receive the most benefit.
We promise to show up on-time, provide our valuable insights and our undivided attention.
There are no refunds for our workshops.
BRAND CAMP
There are 3 different versions of Brand Camp (Self-guided Brand Camp, Small Group Brand Camp and 1:1 Brand Camp. Whichever option you sign up for, you agree to show up to all calls on-time, prepared and without distraction.
In a group Brand Camp setting, you agree to keep what you hear from other participants confidential. You also agree to show respect for each other by providing your full attention, not talking over others and offering support.
We promise to show up on-time, provide our valuable insights and our undivided attention.
There are no refunds for Brand Camp once the session has begun. If you change your mind within 48 hours of purchase and before the session has begun, you can receive a full refund.
DESIGN + STRATEGY
Once you have signed up for a design package, your project will be scheduled for an agreed upon start date and completion date. During this time you will have access to the Lab Creative team via a group WhatsApp chat and scheduled design review calls and strategy calls. This timeline will be agreed upon by both parties before we commencing work.
At the beginning of the design phase, you will be asked to fill out an intake form, provide your final brand foundation document from Brand Camp and work on a Pinterest Board. This must be done within 1 week of signing up.
You agree to reply to requests for feedback or meetings within 48 business hours.
We promise to clearly communicate with you throughout the project and let you know of any potential delays.
Strategy Sessions will be booked within the project timeline and can be used to provide guidance on launching your new brand, content and branding strategy, product launches, or website updates and implementation.
WEBSITE DESIGN
If we are creating your website, your project will be scheduled for an agreed upon start date and completion date. Our work will begin with a strategy call to plan the sitemap and high level content for each page.
You are responsible for providing all final website copy in a shared Google document. Any changes to the website copy must be made inside the Google document as well, not in emails or other sources.
You are responsible for providing all photographs for the website in high resolution. A shared folder will be created for you to add photos. All photos need to be named appropriately and put into folders named for each page. We will size photos as needed, however we do not rename files before adding to the site.
You are required to purchase your own domain name. Website Domain hosting costs are not included in our fee and are paid directly to your hosting company (ie. Godaddy). If you don’t have one, we can recommend one.
Future updates and large scale additions to your website are not included.
Your website will be built on Squarespace then therefore MUST hosted with Squarespace. (this is different than your domain name hosting) The cost depends on the number of pages.
We do our best to ensure the the site works properly on Desktop, tablets and mobile devices.
TERMS & CONDITIONS
This website is operated by Lab Creative LLC (“LC”). Throughout the site, the terms “we”, “us” and “our” refer to LC. LC offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By purchasing a product or service from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Service Agreement”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read this Service Agreement carefully before purchasing products or services from us. By purchasing through our online store, you agree to be bound by this Service Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use any Services.
Any new features or tools which are added to the current store shall also be subject to this Service Agreement. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of our products and services constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
All purchases of Services are final. We do not offer exchanges, returns or refunds of any kind on any Services, except as otherwise stated in these Terms of Service.
Certain Services offered through our website may require you to open an account (including setting up a username and password) in order to access digital offerings under the Services. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by LC or any other user due to someone else using your login information as a result of your failing to keep your account information secure and confidential. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
GENERAL CONDITIONS
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CLIENT RESPONSIBILITIES
Client understands that LC is not an employee, and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy and consideration are expected.
Due to the virtual nature of the partnership, Client understands the importance of communication, especially via email or any other pre-determined and agreed upon platform or software.
Client is responsible for responding to questions, requests and communications from LC within 48 business hours.
Client understands that LC is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Client will not constitute an emergency for LC.
Client understands that LC may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
SCHEDULING
Every Lab Creative client is special to us. We take care to schedule your project so we can give it the time and attention it deserves. You’ll know when to expect things from us, and when we need things from you. It will be a fun collaborative process with a memorable outcome!
Your design and or website project will be scheduled for a specific period of time where you will have access to us via a group WhatsApp chat and scheduled design review calls and strategy calls.
ADDITIONAL FEES
A schedule will be created for your project with expectations of each party clearly outlined. Minor adjustments to the schedule can be made during the project, however large delays may lead to your project being put on hold and a restart fee of $1500 CAD will be incurred to commence work again.
An hourly rate of $175.00 CAD will apply for any additional design work outside of the original scope of work.
An hourly rate of $525.00 CAD will apply for any additional strategy sessions.
Any revisions requests beyond what is included in the contract will be billed at a rate of $195.00 CAD.
Any changes to approved files will be billable with a minimum charge of $195.00 CAD.
Final approved documents are delivered via electronic transfer and a USB key.
Out-of-pocket expenses will be billed as an additional cost.
If a deposit is paid and work has not commenced within 6 months, you forfeit your deposit.
Scheduled payments will continue if the project is put on hold or delayed by the client and are payable upon receipt.
In the event that the contract is terminated by either party, the client is required to pay for the portion of work that has been carried out as of the date of termination in addition to any direct termination expenses.
Your project will be archived 6 months after completion. Any files you require from us after that time will be subject to a $150 fee. (ie. You can’t find the electronic files or USB key sent to you.)
COMMUNICATION
As in any relationship, communication is key. We’ll be in touch regularly throughout the project and will do our best not to overwhelm you with too many messages and information. During your project, we’ll do our best to respond within 24 business hours, however occasionally it might take a bit longer.
Our office hours are Monday through Friday, 9:00am to 5:00pm Eastern Standard Time. A group Voxer chat will be the primary form of communication except for any scheduled in-person or video conference meetings. Email will be used sparingly. We require a response and feedback within 48 business hours.
PHOTOGRAPHY
We believe that authentic photography is an important part of bringing you brand to life. We are happy to recommend several photographers we have personally worked with. This services are an additional cost.
Photography resolution is the responsibility of the client. Please supply images as high resolution as possible (min 2000px wide). Any photo editing required will be billed at an hourly rate of $175. We can purchase stock photography on your behalf for your website and charge a 15% markup on this purchase.
COPYWRITING
Writing content for your website is a unique skill set and something that benefits from a professional touch. We have an amazing copywriter we can collaborate with. Copywriting is not included in our fee, however one can be recommended. Cost will vary depending on your needs.
OWNERSHIP
You own your brand. That includes the final design we create, your website and your messaging.
Any ideas and concepts not chosen remain the property of Lab Creative Inc. We reserve the right to showcase the final designs we created for you in promotional materials, on our website and social media channels.
CLIENT REQUESTS
Questions and basic support requests will be answered within 24 business hours and during office hours. Client will provide sufficient notice and allow for reasonable timeframes for answer requests. Rush requests of 24 hours or less and projects requiring weekend or holiday work may be subject to a $150 surcharge and/or other rush fees.
PRINTING
We can make recommendations for paper and printing processes as well as provide suggestions for printers. We do not facilitate any printing.
ACCURACY
Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Lab Creative is not responsible for errors or omissions.
PAYMENT OPTIONS AND POLICIES
As the client, you are required to keep a valid credit card on file to charge for any recurring monthly fees or payment plans. You are responsible for keeping all credit card details and contact information current. Please email [email protected] to inform us of any changes. All recurring fees are automatically invoiced and charged to the credit card on file on the first of the month. Invoice and payment receipts are available to customers upon request.
NSF FEES
There is a $40 NSF (insufficient funds) fee for declined credit card payments or bounced check payments.
EXPENSES
The project fee includes services to produce the work as described and the transfer of rights to completed work. Except as noted, it does not include expenses for any supplies or materials required to complete the work. These may include but are not limited to: licensing fees for stock imagery or font usage; fees for third party services such as copywriting and photography; costs for printing and production of physical materials; expenses for website or email hosting or domain name registration; or any other charges or fees for services or materials required to produce the work. Expenses incurred on behalf of Client will be billed at cost plus 15%.
TAXES
Lab Creative must collect and it is the responsibility of the client to pay any applicable sales taxes, including taxes which are assessed during a subsequent audit of our records. If the client is tax exempt, proof of exemption must be submitted to Lab Creative prior to beginning of Work.
CONFIDENTIALITY
All information provided as part of the Work will be kept strictly confidential. We will rely on the accuracy and completeness of the documents and information you provide as a basis for the Work. If you believe that the work is not progressing as desired, you will communicate that belief and take action to redirect the work. Your submission of personal information, including credit card information, through the website is governed by our Privacy Policy.
TRANSFER OF RIGHTS
Unless otherwise indicated, this Agreement assumes that contingent upon payment in full, LC will transfer to Client all rights of ownership of the final completed deliverables as described, including but not limited to the exclusive right to publish and display the final work in any and all media, to edit or modify it and to create derivative works from it, in perpetuity. Subject to prior written approval of the Client, LC may use the completed Work for self-promotional purposes such as in Web and printed portfolios or blogs, promotional materials, professional design competitions, etc., and shall retain all rights to preliminary work including but not limited to concepts, sketches, components, code, and industry standard materials developed or utilized to create the final deliverables, etc. which do not directly contribute to or substantially resemble the completed Work as delivered.
RETENTION OF RECORDS
Client’s project will be archived six (6) months after completion, after which time any files required from LC by Client will be subject to a $150.00 CAD retrieval fee. To the extent LC accumulates any of the Client’s original records during the engagement, those documents will be returned to the Client promptly upon completion of the engagement, and the Client will provide LC with a receipt for the return of such records. The balance of the LC engagement file, other than the completed financial statements, which will be provided to the Client at the conclusion of the engagement, is LC’s property.
HARDWARE AND SOFTWARE WARRANTIES
During the course of the engagement, LC may recommend a purchase and installation of computer or technological hardware, software, communications, or services. Warranties, to the extent they exist, are provided only by the manufacturer/vendor of those computer products.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
ACCURACY OF INFORMATION
Client agrees that the accuracy of information supplied to LC is the sole responsibility of Client, and that LC is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our online store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
Upon your selection of the Services you wish to engage, you will be prompted to input your credit card information to process payment. We allow for payment to be made as one payment or divided into equal payments, as described in service packages. If you select to make your payment in equal payments, we will keep your credit card on file until all payments have been made in full. You are responsible for ensuring the payment information we have on file remains up to date and accurate. We reserve the right to terminate your access if a payment is declined and you fail to provide us with payment within five (5) business days of being informed of a declined payment. The first charge will occur when you finalize your purchase. The remaining payments will be processed automatically 30 days following the previous payment until your balance is paid in full. Upon receipt of full payment, your credit card information will be removed from our system, which means that any future purchases will require you to re-enter your credit card information.
INDEMNIFICATION/RELEASE OF LIABILITY
Client shall indemnify, defend and save LC harmless from any and all suits, costs, damages or proceedings, including, but not limited to, LC’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by LC including, but not limited to, all attorneys’ fees, costs and expenses incurred should LC be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless LC and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify LC is not limited to any acts or omissions, statements or representations made by LC in the performance and/or nonperformance of LC’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against LC. All reasonable precautions will be taken to safeguard the property entrusted to LC. In the absence of negligence, however, LC will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. LC will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. LC will not be held liable for typographical omissions or errors.
TERMINATION
This agreement may be terminated by either party for any reason within thirty (30) days advance written notice of intent to cancel. Deposits paid to date, monthly retainers (if any), and accrued additional fees will not be refunded upon early termination.
EXPIRATION & MODIFICATION
This Agreement shall remain in effect as noted above or such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
ADDITIONAL PROVISIONS
This Agreement shall be governed by and construed according to the laws of the Province of Ontario and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or provincial courts in Toronto, Ontario, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of LC as determined by a court of law will be limited to an amount not to exceed 100% of the fee. If LC must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, LC shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.
CONTACT INFORMATION
Questions about this Service Agreement should be sent to us at [email protected].