Terms & Conditions | Green Monkey Creative

Payments

Payments are accepted by credit card, PayPal, e-transfer or cheque. If paying by cheque, the project will begin once payment has cleared. A credit card must be on file for all projects no matter how payments are made in the end.
A 50% non-refundable deposit is required before we begin on a project. We do not issue refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable as it is applied to costs immediately incurred in initiating services. If a project is cancelled or postponed, all monies paid are retained by Green Monkey Creative and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
The remaining balance will be invoiced upon completion of the job and payment is due at time of the project release.
Additional charges will be discussed and agreed upon before the final invoice is sent (please see below).
Additional charges (for graphics) will be applied if any pictures or illustrations are needed through stock sites such as iStock or Adobe. (We will not purchase any images until we have client approval)
Original image files and final logins to the website will not be emailed until the full balance has been paid
Additional charges (for site builds) will be applied if the client needs additional work that is outside of the original quote or package specifications.

Additional Charges

Some things may fall outside of the scope of a project in our package pricing, such as:

SEO Services
Graphics such as options, sidebar graphics, etc.
Stock photography
Copywriting
Website Themes, plugins and forms may have additional subscription forms outside the estimated project and will be outlined prior to commencing.
Additional Coding & Customizations of a theme such as changing the original layout of a premium template and adding additional widget sections or tables which require the help of our coder. Some themes are easier to update than others but we will be very clear in our communication if something like this does come up. We will not make any changes that incur additional charges, unless we receive client approval first.

Refunds

Due to the custom nature of our work, Green Monkey Creative does not issue refunds for any reason. Please note our cancellation policy (above) for information about canceling your project.

Communication

We use email as our main means of communication. We like to use the email correspondence as reference when we are able to begin working on a project. This helps us to keep things in order and to keep track of project details and answers to the many questions that we usually have for clients. But you don’t have to worry, We are known to respond right away (usually that day or at least within 24 hours).

We will be communicating with you often during the design process. We will need specific feedback and your approval to continue the work. Responding to our questions in a timely manner will allow your design to progress.

Regular communication is critical to the design of your project and those in line behind you. Failure to communicate with us about the design process for a period of 72 hours (whether expectedly or unexpectedly), will result in your project being placed on hold and moved to the end of our current queue.
Should you fail to provide necessary files or pieces of information within 10 days of the date requested, all payments will be forfeited to DPK Graphic Design and the project will be canceled without notice.

Usernames & Passwords

You are responsible for supplying your usernames and passwords for WordPress access, FTP access, hosting (if necessary), and domain name registration (if necessary). We will protect all usernames and passwords to the best of our ability, but for your added protection, we suggest that you change your passwords after the design process is completed.

Website Protection and Security

While Green Monkey Creative attempts to bring you the highest quality service possible, we are unable to guarantee the integrity of any data stored or transmitted VIA the internet or through our systems. Green Monkey Creative is not liable for any claims of damage or loss caused by the loss of data, password compromises, or the hacking of your website. We do offer maintenance packages where we do all that we can to keep your site secure and protected.

If the WordPress site we design for you DOES get hacked into, we would be happy to help you get it resolved by contacting your hosting provider and pinpointing the exact problem and getting it restored again – but keep in mind that there are charges for this service. Our hourly rate is $100 per hour. Sometimes it can be a quick and easy fix but sometimes major damage by installing bad scripting code in hundreds of files that would need to be manually removed does happen. Either way, we are not responsible, but definitely happy to do all that we can to get you back up and running again.

Standard Conditions of Service

SERVICES

The services provided, if not specifically limited by the Client, will be at the Consultant’s discretion for acting in the Client’s best interest for the type of work requested.

FEES AND EXPENSES

Billing will be in accordance with the fees as outlined in the proposal, plus expenses. Expenses properly incurred in connection with the project will be billed at cost.

INVOICES

Invoices will be submitted on a project basis. Interest (1 percent per month of the unpaid amount) will be added to all unpaid balances after 30 days from date of invoicing. If the Client objects to all or any portion of an invoice, the Client shall so notify the Consultant in writing within 14 calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute.

If the Client fails to pay undisputed invoiced amounts within 30 calendar days of the date of the invoice, the Consultant may at any time, without waiving any other claim against the Client and without thereby incurring any liability, suspend or terminate this Agreement as provided elsewhere in these Standard Conditions of Service.

CHANGES IN SCOPE

The scope of work identified is based on the Consultant’s understanding of the work required to complete the project at the time of this proposal. In light of occurrences or discoveries that were not originally contemplated by or known by the Consultant, the Consultant may be required to discuss with the Client a change in the scope of the project, which may require a revision to this agreement. Should such a situation arise, the Consultant shall identify the changed conditions which make such discussions necessary and the Consultant and the Client shall promptly and in good faith enter into renegotiation of this agreement in order to continue to meet the Clients’ needs. If an agreement cannot be reached on the change in scope, the Client agrees that the Consultant has the absolute right to terminate this agreement.

MEDIATION

All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof shall be decided by mediation, unless the parties mutually agree otherwise.

LIMITATION OF LIABILITY

For purposes of limitation of liability provisions contained herein, the Client expressly agrees that it has entered into this Agreement with the Consultant, both on its own behalf, and as agent on behalf of its employees and principals.

The Consultant’s liability to the Client in Contract and Tort is limited to the total amount of the fee paid for professional services.

The Client expressly agrees that the Consultant’s employees and principals shall have no personal liability to the Client in respect of a claim, whether in contract, tort and/or other cause of action in law. Accordingly, the Client expressly agrees that it will bring no proceedings and take no action in any court of law against any of the Consultant’s employees or principals in their personal capacity.

GOVERNING LAW

The laws of the Province of Ontario will govern the validity of this agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this agreement.

ASSIGNMENT

Neither party shall assign responsibilities without the written consent of the other.

TERMINATION

The Client or Consultant may terminate this Agreement at any time and no further expense will be incurred beyond the time of notice to terminate. In the event such termination becomes necessary, the party effecting termination shall so notify the other party in writing, and termination will become effective 14 calendar days after receipt of such notice.

Irrespective of which party shall effect termination or the cause therefore, the Client shall, within 30 calendar days of termination, remunerate the Consultant for services rendered and costs incurred, in accordance with the Consultant’s prevailing fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred up to the time of termination, as well as those associated with termination and post-termination activities.

SUSPENSION

Upon 14-calendar day’s written notice to the Consultant, the Client may suspend the Consultant’s work. If the Client does not maintain payment of the Consultant’s invoices on a 30-calendar day current basis, the Consultant may by 14-calendar day’s written notice to the Client suspend further work until payment is restored to a current basis. Suspension for any reason exceeding 45-calendar days shall, at the Consultant’s option, make this Agreement subject to renegotiation or termination, as provided for elsewhere in this Agreement. Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both the Client and the Consultant, and the Consultant shall be compensated for services performed and charges incurred prior to the suspension date, plus suspension charges.

Suspension charges may include, but shall not be limited to, services and costs associated with putting analyses and documents in order, rescheduling and reassigning personnel and/or equipment and issuing necessary or customary notices to appropriate government boards. Compensation to the Consultant shall be based upon the Consultant’s prevailing fee schedule and expense reimbursement policy.

CLIENT’S RESPONSIBILITY

The Client will fully disclose all relevant information or data pertinent to the Project, which is required by the Consultant. The Consultant shall be entitled to rely upon the accuracy and completeness of such information and data furnished by or on behalf of the Client.

The Client will give prompt consideration to all requests or documents relating to the project submitted by the Consultant and whenever prompt action is necessary, inform the Consultant of his decisions in such reasonable time so as not to delay the Services of the Consultant. The Client shall arrange and make provision for the Consultant’s entry and ready access to the project site as necessary to enable the Consultant to perform his services.

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Please Contact Us for more information on pricing, to submit a project request, or if you have questions regarding these Terms and Conditions via telephone at 519.217.7160 or via email at hello@greenmonkeycreative.com