Terms & Conditions

Agreement and acceptance

These Terms & Conditions govern the relationship between SJ Creative ("we", "us", "the Studio") and any person or organisation engaging our services or using this website ("you", "the Client").

By engaging SJ Creative, accepting a written proposal, or paying an invoice, you accept these terms. Where a signed project agreement exists and its wording differs from these terms, the signed agreement takes precedence for that project.

Definitions

• Project — the work described in an agreed written proposal or project agreement.
• Milestone — a defined, deliverable stage of a Project as set out in that agreement.
• Deliverable — any file, asset, document or build produced by us for the Project.
• Approval — your written confirmation that a Milestone meets the agreed outcome.
• Agreement — the written proposal or project agreement covering a specific Project.

Services

SJ Creative provides brand identity, website and digital design and build, content and campaign creative, and creative direction services. The exact services for any Project are those stated in the Agreement.

Anything not stated in the Agreement is out of scope. We will tell you clearly when a request falls outside the agreed scope, and no additional work is carried out or charged without your written approval first.

Consultation and scope

Every Project begins with a consultation. The consultation is free of charge and creates no obligation on either side.

Following the consultation, we set out the scope, deliverables, Milestones, fees and timeline in writing. Work begins only once you have confirmed that written scope. No work is carried out, and no fee is payable, before that confirmation.

Milestones, approval and invoicing

Work runs in the Milestones defined in the Agreement. For each Milestone the sequence is fixed: we deliver, you review, we revise as reasonably needed, you approve, and an invoice is then issued.

If work has been carried out but a Milestone has not been reached, that Milestone is not charged. What is invoiced is the completed and approved Milestone, not the time spent on it.

Invoices are payable within fourteen (14) days of issue unless the Agreement states otherwise. We may pause work on a Project where an approved and invoiced Milestone remains unpaid beyond that period.

Fees, currency and payment

Fees are quoted per Project and confirmed in the Agreement before work begins. Unless the Agreement states otherwise, all amounts are quoted and payable in XXX and are exclusive of any applicable taxes, which will be added where required by law.

Payments are accepted through Stripe and PayPal. Invoices are issued electronically with a payment link. Any processor, currency conversion or bank charges applied by your payment provider are your responsibility.

We do not store your card or payment details. Payment information is handled entirely by the relevant payment processor under its own terms and privacy policy.

Revisions

Reasonable revisions required to reach the outcome agreed for a Milestone are included in that Milestone. They are not billed separately.

Revisions that change the agreed outcome — new deliverables, a new direction after a direction has been approved, or additional rounds well beyond what the Milestone reasonably requires — are treated as new scope. We will quote for that in writing, and you decide whether to proceed before anything is done.

Refunds and cancellation

Either party may end a Project by written notice. On termination, Milestones completed and approved before the notice date remain payable. Milestones paid for but not delivered are refunded on a pro rata basis, calculated against the agreed Milestone fees in the Agreement.

Refunds are issued through the original payment method within a reasonable period of the termination date. Where a Milestone is partly complete but has not been approved, it is not charged, and any amount already paid toward it is refunded.

Cancellation does not affect any rights or obligations that have already accrued, including payment for approved Milestones and the intellectual property terms below.

Client responsibilities

To deliver on time we rely on you to provide, within a reasonable period:

• Accurate briefing information and any brand materials we need
• Content, copy, images and data you are supplying
• Access to accounts, hosting, domains or platforms required for the work
• A single named contact authorised to give feedback and approvals
• Timely responses at each review stage

You confirm that any material you supply is accurate, lawful, and either owned by you or properly licensed for the use intended.

Timelines and delays

Timelines in the Agreement are estimates made in good faith on the basis of agreed scope and timely input from you. They are not guarantees of a fixed completion date unless the Agreement expressly states otherwise.

Where a delay is caused by late materials, delayed feedback, or changes you request, the timeline adjusts accordingly and we will tell you the revised dates in writing. Neither party is liable for delay caused by events reasonably outside its control.

Intellectual property

On full payment of all invoices for a Project, ownership of the final Deliverables produced for you under that Project transfers to you, along with the source files, and any licences we hold that are transferable.

Until payment is received in full, all rights in the Deliverables remain with SJ Creative and no licence to use them is granted.

We retain ownership of our own pre-existing tools, methods, templates, working processes and any concepts, drafts or routes not selected as part of the final Deliverables. Nothing in this clause transfers rights in third-party materials, which remain subject to their own licences.

Third-party materials

Some Deliverables may include third-party materials such as typefaces, stock imagery, plugins, hosting or platform services. Where a licence is required, we will identify it and tell you the cost before it is purchased.

Unless the Agreement states that we are purchasing the licence on your behalf, third-party licences are bought in your name and remain your responsibility to maintain and renew. We are not responsible for the availability, pricing, performance or continued support of any third-party service.

Confidentiality and data

Each party will keep confidential any non-public information disclosed by the other in connection with a Project, and will use it only for the purpose of that Project. This does not apply to information that is already public, independently developed, or required to be disclosed by law.

We collect only the information you send us — typically your name, contact details and the details of your enquiry or Project — and use it solely to respond to you and deliver the work. We do not sell it and we do not share it with anyone outside the Studio, except where a service provider is needed to deliver the work or where disclosure is required by law.

You may ask us at any time to provide a copy of the personal information we hold about you, or to delete it, by writing to info@sjcreative.ca. We handle personal information in accordance with applicable Canadian privacy legislation.

Portfolio and publicity

Unless you tell us otherwise in writing, we may display completed work in our portfolio, on this website, and in proposals and social media, and may describe our role in the Project.

We will not disclose confidential business information, unreleased work, or anything covered by a separate confidentiality agreement without your written consent. If you would prefer a Project not to be shown publicly, tell us and we will not show it.

Warranties and disclaimers

We warrant that the services will be performed with reasonable skill and care, and that the Deliverables are our original work except for identified third-party materials.

We do not warrant any specific commercial result. Design, website and campaign work cannot guarantee a particular level of sales, traffic, search ranking, engagement or business outcome, and no such guarantee is given.

Websites and digital deliverables are tested on current mainstream browsers and devices at the time of handover. We do not warrant uninterrupted or error-free operation, particularly where third-party platforms, plugins, hosting or code are involved, or where the work is modified after handover.

Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with a Project, whether in contract, tort, negligence or otherwise, is limited to the total fees actually paid by you to SJ Creative for that Project in the twelve (12) months preceding the event giving rise to the claim.

We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, business, goodwill, anticipated savings or data, however caused.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

Termination

Either party may terminate a Project on written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within fourteen (14) days of written notice, or becomes insolvent or ceases to trade.

On termination, the refund and payment provisions in clauses 05 and 08 apply. We will hand over any Deliverables for Milestones that have been completed, approved and paid for. Clauses covering intellectual property, confidentiality, liability and governing law survive termination.

Governing law and contact

These terms and any Project are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it. The parties submit to the exclusive jurisdiction of the courts of Ontario.

We may update these terms from time to time. The version published on this page at the date your Agreement is confirmed is the version that applies to that Project. Material changes will not be applied retroactively to Projects already underway.

If any provision is found to be unenforceable, the remaining provisions continue in full effect. Questions about these terms can be sent to info@sjcreative.ca or SJ Creative, 50 Mount Royal Cir, Brampton, ON L6P 1Y7, Canada.