TERMS OF SERVICE
The Terms of Service for working with G-MAN Creative Graphic & Web Design Co. are described hereunder. By agreeing to work with G-MAN Creative Graphic & Web Design Co. or utilize any G-MAN Creative Graphic & Web Design Co. services or the G-MAN Creative Graphic & Web Design Co.'s website, all the CLIENTS agree to be bound by these Terms of Service below. This includes as attached to any agreement that refers to these terms in print or electronically, by signing.
These Terms of Service regulates the service(s) provided by G-MAN Creative Graphic & Web Design Co. (which will be referred to hereafter as G-MAN Creative), as described in a service agreement and executed by G-MAN Creative and between G-MAN Creative and the CLIENT. As a result, all parties agree and acknowledge the following:
All services are subject to G-MAN Creative specifications and policies, which can be modified or changed at any time and, such modifications shall be effective immediately upon posting of modification on the site. G-MAN Creative reserves the right to amend or change any services to comply with these policies. You agree to review the agreement periodically to be aware of such modifications and you shall be deemed your conclusive acceptance of the modified agreement. All communication regarding G-MAN Creative policies and services shall be done only through the https://gmancreative.com website or by email to specified https://gmancreative.com email addresses.
All content on this website, both in its entirety as well as any individual website pages or pieces of content, is copyrighted to G-MAN Creative. Without explicit written consent and authorization by G-MAN Creative, it should never be reproduced or copied to another website.
G-MAN Creative has right to present the completed art work without asking any written or oral permission from the CLIENT(s). However G-MAN Creative will not share any confidential information at any time directly or indirectly disclose, divulge, disseminate, reveal or otherwise make known to anyone who is not a party that is now or in the future disclosed by the CLIENT to G-MAN Creative.
G-MAN Creative is not responsible for the accuracy of any information that is provided by the CLIENT. G-MAN Creative does not and cannot guarantee a particular position(s) or appearance of a CLIENT’s website in search engine listings. Despite best efforts, G-MAN Creative does not guarantee the appearance or position of the CLIENT’s website in search engines due to a variety of factors and aspects of search engine performance regulations, search algorithms, and service providers.
Websites that are submitted to search engines, directors, or other such lists are not guaranteed to be accepted due to reasons unrelated to G-MAN Creative that are out of the control of the G-MAN Creative.
G-MAN Creative is not responsible for any technical issues unrelated to G-MAN Creative such as server downtime and other matters.
Campaign development reports and other progress reports are available upon request or if otherwise mutually agreed upon by G-MAN Creative and the CLIENT. The details regarding such reports will be explicitly stated in the agreement.
The CLIENT grants G-MAN Creative permission to use software programs to retrieve and analyze websites associated with the campaign and provision of service.
Should a CLIENT fail to provide payment, or promptly respond to G-MAN Creative representatives, G-MAN Creative may reject or terminate services at any time. Other reasons that prevent our team from successfully completing the outlined work will also result in termination.
If during the course of the project G-MAN Creative does not meet the deliverables timeline, and/or expectations, the CLIENT reserves the right to cancel the contract, which G-MAN Creative does have the right to do so.
Either party must give 48-hour notice to revoke any art-work project.
If the CLIENT cancels the project which this can be done by contacting G-MAN Creative directly through official communication channels, G-MAN Creative has the right to not refund 50%* of the total costs which have to be paid at the beginning of the project as a deposit. G-MAN Creative also has the right to deliver or not to deliver to the CLIENT all services performed on the work, up to the time of the cancellation.
If it is a monthly based project, monthly fees for completed months will be charged, and services will be provided in full for all paid months unless otherwise requested by the customer. Incomplete months will be rounded up to the next complete month.
G-MAN Creative may modify services, campaigns and/or the terms of these services or campaigns at any time by giving the customer a one-week Notice of Change. If the customer chooses to continue with services the after the Notice of Change is delivered, the CLIENT is considered to have accepted the Change to the Terms.
* Half of the total cost should to be paid at beginning of the project (unless 50% of the total cost is paid in advance, G-MAN Creative will not take up the project) and the other half (50%) should be paid upon completion, due net 5 business days.
PROHIBITED USES; LICENSE GRANT; REPRESENTATIONS and WARRANTIES
The CLIENT shall not advertise, authorize or engage in any illegal or fraudulent business practices. The CLIENT will not violate or encourage the violation of any laws, regulations, codes of conduct. As well as third Party rights, including, without limitation, and intellectual property rights. Violation may result in immediate termination of the agreement.
The CLIENT grants G-MAN Creative all rights including copyright, trademark, patent and such other rights for the purpose of carrying out the services listed in the agreement. CLIENT represents and warrants that all provided information is complete, accurate and current.
Unless expressly stated and itemized, the client becomes the sole owner of the copyright to all source files, materials, copies, illustrations, photography, researches, studies, analysis, reports and digital components and all other work completed by G-MAN Creative. However G-MAN Creative has no legal responsibility to use any materials which may have been provided by the CLIENT(s) within existing project such as conceptual sketches-prototypes, rough copy drafts, preliminary copy explorations, separations, studies, analysis, strategy, reports, electronic source files (Photoshop files, etc.), copy decks, manuscripts, tag lines, content, illustrations, photographies (images), sounds, website, blog page, etc.
DISCLAIMER and LIMITATION of LIABILITY
To the fullest extent permitted by law, G-MAN CREATIVE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES. NEITHER PARTY WILL BE HELD LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, INTEREST OR GOODWILL AS WELL AS LOSS OR CORRUPTION OF DATA OR ANY LOSS OR INTERRUPTION TO CLIENT’S BUSINESS. EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO THE AMOUNTS PAID OR PAYABLE TO G-MAN CREATIVE BY CLIENT FOR THE AGREEMENT GIVING RISE TO THE CLAIM.
Outside of payment obligations, neither party is liable for any failure or delay resulting from any condition that is beyond the reasonable control of the party. That includes any changes made by Google or other search engines to their algorithms or design which may affect website placement or positioning. That is a continuing indemnity which shall remain in full force until such time that it is terminated.
Invoices will be sent only upon completion of work. All invoices must be paid net five (5) business days from receipt of invoice. In the event that a project is put on hold, for longer than two (2) weeks, G-MAN Creative will bill to the CLIENT for all the time and deliverables completed up to the date the project was placed on hold.
CLIENT shall be responsible for all charges as set in the contract plus applicable taxes, and shall pay all costs in Canadian Dollars or equivalent to CAD with current market exchange rate unless otherwise specified. All work will be temporarily suspended in cases of declined or missing payment. In these situations, the CLIENT must provide alternative payment within 5 days of being notified of the non-payment situation. If the payment is not provided within these 5 days, the service and the account will be canceled. G-MAN Creative reserves the right to revert the CLIENT’s website to pre-contract state and cancel or suspend all listings in situations of non-payment. G-MAN Creative reserves the right to a legal action against the customer for outstanding balances. CLIENT is responsible for paying all taxes, government charges, and reasonable expenses and legal fees G-MAN Creative incurs if any further action is required to collect outstanding payments.
Where permitted by law, customer waives claim related to charges unless claimed within 30 days from the date of the charge. CLIENT understands and agrees that any financial and billing information, such as credit card information and other payment information provided to G-MAN Creative, may be shared with companies who work on G-MAN Creative’s behalf. That includes payment processors and/or sales agents. This information is shared solely for the purposes of processing payment. G-MAN Creative may also provide such information to a valid legal process, or to defend against the legal action. G-MAN Creative is liable for the use of such information by these third parties.
Delinquent bills will be assessed 2.5% of total invoice charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. If the art-work is a website design project, G-MAN Creative reserves the right to remove webpage(s) from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process.
PAYMENTS TO G-MAN CREATIVE: G-MAN Creative accepts only Direct Money Order or Online Credit Card Payment (3D Secure) methods. These are the ONLY forms of payment acceptable under the agreement.
CLIENT agrees to hold G-MAN Creative harmless from third party claims brought against the CLIENT or G-MAN Creative in relation to any services provided by G-MAN Creative to the CLIENT. G-MAN Creative will also not be responsible for any and all damages, losses or costs such as legal costs, liability or expenses.
The Agreement is governed by laws of Ontario, Canada and constitutes the entire agreement between the parties with respect to the subject matter hereof. In addition, this agreement supersedes and replaces any other applicable agreements. Any information contained in additional documents, such as references to a purchase order number, or oral discussions that conflict with this agreement is considered void. No party shall disclose the terms or conditions of this Agreement to any third party, with the exception of professional advisors who operate under strict confidentiality or where required to comply with a government law, rule or regulation.
CLIENT may grant approvals, permissions, extensions and consents by email to firstname.lastname@example.org with read receipt confirmation. Notice to CLIENT may be delivered by sending an email to the email address specified in the CLIENT’s account. This email will be considered as received when sent.
Any unenforceable provisions will be changed in order to reflect the parties’ intention and will be done so only to the extent required to make them enforceable. CLIENT may not assign any of its rights hereunder, and any such attempt is void.
As part of the AGREEMENT between G-MAN Creative and CLIENT, CLIENT acknowledges that they know, accept, and agree with the SECURITY TERMS as set forward by G-MAN Creative.
The primary directive of the G-MAN CREATIVE SECURITY TERMS is: Upon COMPLETION of the project/art work by G-MAN Creative for the CLIENT, CLIENT agrees to change or alter all passwords, logins, and any other security settings and information to which G-MAN Creative has been privy during the course of the project/ art work, thus depriving G-MAN Creative, its associates and employees, any further or future access to said secure areas of CLIENT.
In compliance with the SECURITY TERMS and procedures being fulfilled by CLIENT, CLIENT acknowledges that G-MAN Creative will from the date of COMPLETION forward not be held legally responsible for any breach of security, be they passwords or login names or other corresponding information that may affect CLIENT's project/art work.
Revision Date: January 2021