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.
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1. DEFINITIONS
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1.1 "Website" refers to our Design Twist website.
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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.
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1.3 "User" refers to any individual or entity accessing or using our website or services.
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2. INTELLECTUAL PROPERTY
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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.
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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.
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3. USE OF OUR SERVICES
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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.
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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.
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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.
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3.4 We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion without prior notice or liability.
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4. PAYMENT, FEES, AND REFUNDS
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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.
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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.
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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.
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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.
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5. LIMITATION OF LIABILITY
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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.
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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.
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6. MODIFICATION OR TERMINATION
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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.
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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.
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7. PRIVACY POLICY
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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.
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8. RIGHTS AND RELEASE
8.1 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.
8.2 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.
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8.3 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.​
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9. CANCELLATIONS
9.1 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.
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9.2 ​A cancellation fee of 100% of design charges plus 20% of the total printing price applies if the job has not been printed.
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9.3 Orders on hold for over 30 days will be considered cancelled, with applicable fees. Reopening orders within 30 days credits fees to reopened projects.
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10. FORCE MAJEURE
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.
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11. 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.
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