Terms and Conditions

These terms and conditions ("Terms") govern your use of our website and our services. Please read these Terms carefully before using our website and services. You agree to be bound by these Terms by accessing or using our services. If you do not agree with any part of these Terms, you may not use our services.

1. DEFINITIONS

1.1 "Website" refers to our Design Twist website.

1.2 "Services" refers to our services, including but not limited to graphic design, web design, logo design, and any other related services offered on our website.

1.3 "User" refers to any individual or entity accessing or using our website or services.

2. INTELLECTUAL PROPERTY

2.1 All content and materials available on our website, including but not limited to text, graphics, logos, images, icons, videos, audio clips, and software, are the property of our company or its licensors and are protected by applicable intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on our website without our prior written consent.

2.2 By submitting any content to us, including but not limited to design requests, feedback, or testimonials, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content to provide and promote our services.

3. USE OF OUR SERVICES

3.1 Our services are available to individuals at least 18 years old or the legal age in their jurisdiction. By using our services, you represent and warrant that you are of legal age to form a binding contract.

3.2 You agree to provide accurate, complete, and up-to-date information when using our services. You are solely responsible for maintaining the confidentiality of your account credentials and all activities under your account.

3.3 You may not use our services for any illegal, unauthorized, or prohibited purposes. You shall not engage in any activity that may interfere with or disrupt the functionality or security of our website or any associated networks.

3.4 We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion without prior notice or liability.

4. PAYMENT, FEES, AND REFUNDS

4.1 You agree to pay all fees associated with the services you request and that are stated on your quotation in accordance with the payment terms provided.

4.2 In the event of non-payment or payment dispute, we may suspend or terminate your access to our services and withhold your files.

4.3 For new clients, full payment is required before releasing artwork files or printing.

4.4 Accepted payment methods include Visa, Mastercard (payable on the invoice), or Email Bank Transfers (preferred).

4.5 Returns or refunds are only allowed for printed or electronic material if consistent with the approved proof. All fees are non-refundable unless otherwise stated and agreed upon in writing.

4.6 Overdue charges will accrue interest monthly at 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower.

5. LIMITATION OF LIABILITY

5.1 To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to your use of our website or services, even if we have been advised of the possibility of such damages.

5.2 We make no representations or warranties, express or implied, regarding the accuracy, reliability, or completeness of any content or materials on our website. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

6. MODIFICATION OR TERMINATION

6.1 We reserve the right to modify, suspend, or terminate our website or services at any time, with or without cause, and without prior notice or liability.

6.2 We may also modify these Terms occasionally, and any changes will be effective immediately upon posting the updated Terms on our website. Clients engaged in a contract with us will be notified via email if our terms and conditions are updated.

7. PRIVACY POLICY

7.1 Our privacy policy, which can be found at https://www.designtwist.ca/privacy-policy (the "Privacy Policy"), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy incorporated herein by reference. If you object to using your personal information as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.

8. PROOFING POLICY AND GUIDANCE

8.1 You will receive digital Adobe PDF proofs for review. Please print and thoroughly examine fonts, spacing, formatting, spelling, and dates. Approval of the proof is essential before production or release. Design Twist is not responsible for typographic errors, omissions, or mistakes overlooked by the client. To ensure clarity and transparency throughout the proofing process, we want to outline several critical disclaimers and guidelines for your attention to note for proofing your project:

Monitor Colour and Settings: Please be aware that colours may appear differently on various monitors due to differences in calibration and settings. While we strive to maintain colour accuracy, discrepancies may arise between on-screen representations and final printed or digital outputs.
Font Sizes and Rendering: Our design team carefully selects fonts and adjusts font sizes to optimize readability and aesthetic appeal. However, font rendering may vary across devices and software platforms. We recommend reviewing the design on multiple devices to ensure consistent rendering.
Spelling, Grammar, and Content Accuracy: While we employ meticulous proofreading processes, errors in spelling, grammar, or content accuracy may inadvertently occur. You must thoroughly review all text content for the project to ensure accuracy and consistency. Any amendments or revisions to content after the proofing process may incur additional charges and delay project completion.
Original Content Supplied to the Designer: The content provided to our design team must be accurate, complete, and free from errors or omissions. Any inaccuracies or discrepancies in the original content may impact the quality and effectiveness of the final design.
Content Writing Corrections: Please note that the designer cannot be held responsible for correcting the content writing submitted for the project. We will faithfully integrate the content provided, but proofreading and content editing is the client's responsibility.
Image Resolution and Quality: To achieve optimal print quality, it is essential to supply high-resolution images for inclusion in the design. Low-resolution images may result in pixelation or loss of clarity in the final output. We recommend providing images with a minimum resolution of 300 dots per inch (DPI) for best results. This means that for high-quality printing, images should ideally be at least 300 pixels per inch (PPI) at the size they will be printed.
For example, if you want to print an image at 8 inches by 10 inches, the image resolution should be at least 2400 pixels by 3000 pixels (8 inches * 300 DPI by 10 inches * 300 DPI). However, lower resolutions may be acceptable for large-format printing or materials that will be viewed from a distance (such as banners or billboards). In those cases, resolutions between 100 to 150 DPI might suffice.
Print Specifications and Requirements: If your project involves printing, please provide detailed print specifications, including size, paper type, and special finishing requirements. Any changes to print specifications after the proofing process may necessitate adjustments to the design and incur additional costs.
Copyright and Licensing Compliance: You, the client, are responsible for ensuring that all content provided for the project, including images, logos, and text, is free from copyright infringement and that you have the necessary rights and permissions for its use. We disclaim any liability arising from the unauthorized use of copyrighted materials and are not responsible for researching or authorizing them.
Client Approval and Finalization: Your approval of the final proof signifies your acceptance of the design as presented. It is essential to carefully review all design aspects to confirm that they align with your expectations and requirements. Once approved, any subsequent changes may result in additional charges and project delays.

Upon verification and final written approval, payment must be made in full for printing unless agreed otherwise. Invoices will be emailed and marked with a payment due date. Overdue invoices will incur an additional 1.5% charge. After three overdue invoices, the account may be sent to a collection agency.

9. RIGHTS AND RELEASE

9.1 Design Twist or Lori Dale maintains the right to incorporate final artwork into its portfolio or use it as samples for personal promotion unless otherwise specified and agreed upon by the client in the contract before project commencement.

9.2 Lori Dale created or designed all projects showcased on this website and formed part of her graphic design portfolio from 2002 to now. Design Twist may not have charged some projects.

9.3 A fee of 25% of the total design or a minimum of $250, whichever is greater, is applicable if the client requests native InDesign, Photoshop, or Illustrator files. The original artwork remains copyrighted to Design Twist unless expressly released.

10. CANCELLATIONS

10.1 If you need to cancel an order that will be printed, we will try our best to accommodate, provided printing has yet to commence. Please call or text us (fastest) at 905.869.8978 as soon as possible.

10.2 A cancellation fee of 100% of design charges plus 20% of the total printing price applies if the job has not been printed.

10.3 Orders on hold for over 30 days will be considered cancelled, with applicable fees. Reopening orders within 30 days credits fees to reopened projects.

11. FORCE MAJEURE

11.1 Design Twist is excused from any delay or failure in performance beyond its control, including acts of God, war, fire, strikes, or natural disasters. If circumstances beyond our reasonable control, such as pandemics, infectious disease outbreaks, government shutdowns, natural disasters (like lightning, floods, or exceptionally severe weather), fires, explosions, wars, civil unrest, labour disputes, government actions, telecommunication or utility failures, or hostile network attacks, prevent us from fulfilling any obligation under this Agreement, we will not be held liable for our inability to perform. However, once the Force Majeure Event causing the hindrance is resolved, we will promptly resume our obligations under the Agreement.

12. LIMITATION OF LIABILITY

The client acknowledges that Design Twist is not liable for any indirect, incidental, special, or consequential losses or damages in profits, goods, or services, regardless of whether the possibility of such loss or damage was anticipated.