Dante Art Graphic Design
Terms and Conditions 
Conditional logics is part of our agreement

Terms and Conditions

Terms AND Conditions Dante Art

This agreement shall begin when both parties agree and shall continue until all Services are complete and delivered, or until the Agreement is Terminated.

PROJECT

Designer agrees to produce project materials (the “Work”) at the request of the client for fees agrees upon in advance and delivery of the Work by an agreed-upon deadline. A designer will cooperate with Client in editing.

CONFIDENTIALITY

Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of contract.

OWNERSHIP OF WORK

IIf you order any graphics design from Dante Art, you will receive a full copyright for the product. If you are providing material what needs to get modified and added to project, you are admitting to having the ownership for the material. For Web Design purpose you must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include on your website.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website. Once you have paid Dante Art in full for the work, Dante Art will grant to you a license to use the graphics design or website and its related software and contents. You will require a second license to resell the product. 

CLIENT RESPONSIBILITIES

Client acknowledges that it is responsible for performing the following in a reasonable and timely manner. Provide Client Content in a form suitable for use in the Deliverables without further preparation by Designer, unless otherwise specified in the Project Proposal.

CHANGES

Major Change: If Client requests are at or near 20% percent of the time required to produce Deliverables, or the value of the Scope of Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Designer shall not begin work on the revised services until he receives a fully signed revised proposal and any additional fees. Minor Change: If Client requests are not Major Changes, Client will be billed on a time and materials basis at Designers hourly rate of CAD75 per hour. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes. Acceptance/Rejection: Client will have 14 days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original Agreement.

DELAYS

Designer Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Designer may extend the due date for any Deliverable by giving written notice to Client. The total of all extensions shall not exceed 21 days. Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.

SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

PAYMENT

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the the project design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of Project” and “rejected Project” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

APPROVAL OF PROJECT

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

REJECTED PROJECT

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

LATE PAYMENT

Withholding Delivery: Designer may withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. Withholding License: All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.

SUPPORT SERVICES

Warranty Period: During the first 1 month following expiration of this Agreement, Designer shall provide up to 3 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard rate. Maintenance Period: After the Warranty Period expires and at Client’s option, Designer will provide Support Services for the following 3 months for Designer’s hourly fees of CAN75 per hour. No Enhancements: The services in the Warranty Period and the Maintenance Period do not include enhancements to the Project or other services outside the scope of the Proposal.

RIGHTS TO FINAL ART

License: Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only. The client may not change, create derivative works or extract portions of the Final Deliverables. Liquidation for unlicensed use: Additional use of any Deliverables by Client outside the scope of the license granted above requires additional fees. Designer shall be entitled to further compensation equal to 100% of the total original Project fee unless otherwise agreed in writing by both parties. In the event of non-payment, Designer shall be entitled to pursue all remedies under law and equity.

TERM AND TERMINATION

Term: This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated. Termination for Cause: Either party may terminate this agreement at any time, on 14 days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that 14 day period. Termination by Mutual Agreement: This agreement my be terminated by the mutual agreement of the parties. Termination Fees: In the event of termination, Client shall pay Designer for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination. Intellectual Property: If Client terminates and on full payment of compensation, Designer grants Client right and title as provided by this Agreement with respect to those Deliverables provided and accepted by Client as of the date of termination. Confidential Information: On expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) all rights and obligations regarding Confidential Information shall survive.

DISPUTE RESOLUTION

Negotiation: Parties agree to attempt to resolve any dispute by negotiation between the parties. Arbitration/Mediation: If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. Litigation: In all other circumstances, the parties specifically consent to the provincial, federal and supreme court. The parties waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Attorney Fees: The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

VALIDATION

Our quotes are valid between 5-20 business days, depend on the scope, size, and type of the project. 

Graphics design QUOTE 

All quotes for graphics design are valid up to 5 business day (one week). We can not guaranty the same price after the quote dead line. Price can fluctuate depend on many factors one of them is overtime work. 

WEB DESIGN QUOTES

Web design Quotes are valid for 10 business days (2 weeks) unless its specified date in quote release. 

QUOTES FOR BIG PROJECTS

Quotes for large projects are valid for 20 business days (4 weeks) unless its specified date in quote release.
Lage project ( projects 160 hours + ) will be marked and contain all the detail information in our Quote relase.
Thank you
Dante Art Team

TERMS AND CONDITIONS DANTE ART