Agreement
As used in this Agreement, "the Company" and "we" refers to Selling Point Designs Corp., and "the Purchaser" refers to the client. By this agreement the Purchaser retains the Company to provide design services on the terms of Agreement and on the Company's terms of agreement on the Company's website. This Agreement contains the complete terms and conditions that apply to the Purchaser's participation with the Company.
Requirements
By participating with the Company, the Purchaser represents that it is a professional which requires creative design services.
Policies and Pricing
All of the Company's rules, policies, and operating procedures concerning customer orders, customer service, and service sales will apply. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold in accordance with our own pricing policies. Service prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Federal Goods and Services Tax
Federal Goods and Services Tax (GST) applies to all invoices for fees and expenses related to professional services rendered. Our standard hourly rate is exclusive of GST. Accordingly, the appropriate amount of tax will be computed and shown separately on our invoice, together with our GST registration number, so that the Purchaser will have the information required to claim an input tax credit to the extent allowed by legislation.
Fees, Payment and Terms
The Company requires that the Purchaser pay a down payment equal to a minimum of 50% (excluding tax) for all requested services. The Company will supply a written estimate after an initial consultation; this is just an estimate, and any additions or Purchaser changes will be charged extra at the Company's regular hourly rates. There is a 2% late fee charge applicable on delinquent accounts past 15 days. All fees payable hereunder are non-refundable including any deposits. Payment may be made using Visa, MasterCard, American Express, Cash, Cheque or Money Order. Any NSF cheques will result in a $25.00 charge.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available services and product prices. IF ANY MODIFICATION IS UNACCEPTABLE TO THE PURCHASER, THEIR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE PURCHASER'S CONTINUED PARTICIPATION WITH THE COMPANY FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties
The Company and the Purchaser are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Purchaser will have no authority to make or accept any offers or representations on the Company's behalf. The Purchaser will not make any statement, whether on their site or otherwise, that reasonably would contradict anything in this Section.
Liability Disclaimer
The Selling Point Designs Website and the information or materials herein are provided on an "as is" and "as available" basis. Selling Point Designs makes no representations or warranties, either express or implied, of any kind with regard to the Website and/or any materials provided.
Selling Point Designs assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on this Website or any external linked sites or your downloading of any materials, data, text, images, video or audio from this Website or any linked sites. In no event shall Selling Point Designs be liable for any injury, loss, claim, damage of any kind including, any special, punitive, direct, indirect, damages which arises out of or is in any way connected with any use of this Website or any linked Site or content found therein.
Copyright Statement
All materials found on the Selling Point Designs Website are protected by international copyright laws. Copyright © 2008, Selling Point Designs Corporation. All rights reserved. Selling Point Designs is a registered trademark, owned by Selling Point Designs Corporation.
Independent Investigation
THE PURCHASER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. THE PURCHASER UNDERSTANDS THAT THE COMPANY MAY, AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH HIS/HER WEB SITE. THE PURCHASER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF RETAINING THE COMPANY'S DESIGN SERVICES AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY, OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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