Terms of Service

1. Acceptance of Terms & Scope of Services

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("Client", "User", "you") and Vivid Design Ltd. ("Vivid Design", "Company", "we", "us", "our"), governing your access to and use of vividgraphicdesign.ca, our client portal, our self-serve online print shop, and all related graphic design, web design, marketing, and printing services.

By accessing our website, creating a client or print shop account, submitting a project quote, subscribing to our communications, or placing an order for goods or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with these Terms, you must not access our website or engage our services.

Where you enter into this Agreement on behalf of a business, corporation, or other legal entity, you represent and warrant that you possess the legal authority to bind that entity to these Terms.

2. Eligibility & Account Security

You must be at least the age of majority in your jurisdiction (19 years of age in British Columbia, Canada) or possess legal parental/guardian consent to enter into binding contracts, create an account, and make purchases on our platform.

• Account Accuracy: When registering for an account (including the Client Project Portal or Print Shop customer account), you agree to provide truthful, accurate, and current information, including a valid email address and billing details.
• Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your account credentials, password, and session access. You agree to notify us immediately at sales@vividgraphicdesign.ca upon discovering any unauthorized use of your account.
• Account Termination: We reserve the right to suspend or terminate accounts, refuse service, or cancel orders at our sole discretion if we reasonably suspect fraudulent activity, abusive behavior, or a breach of these Terms.

3. Graphic Design Services & Proof Sign-Off

Vivid Design provides bespoke graphic design, branding, marketing materials, signage, and packaging solutions.

A. Project Scope, Estimates & Standard Rates

All design projects proceed based on an agreed written proposal, quote, or work order. Written scopes outline deliverables, timelines, and included rounds of revisions. Standard hourly design, programming, and custom technical engagements are billed at our standard rate of $65.00 CAD per hour.

B. Payment Terms & Setup Deposit

A 50% setup deposit is required before design work begins. The remaining 50% balance is due and payable before final high-resolution design deliverables or source files are delivered to the Client.

C. Included Revisions & Extra Hourly Work

• Included Revisions: Standard design projects include up to two (2) rounds of revisions per deliverable during the concept phase.
• Additional Hourly Work: Revisions requested beyond the two (2) included rounds, structural scope changes after initial sign-off, or post-approval design modifications will be billed at Company’s standard rate of $65.00 CAD per hour.

D. Digital Proofing & Client Sign-Off Liability

Prior to finalizing digital assets or sending any design to production, we provide digital proofs (PDF or image files) via email or the Client Portal for your thorough review and written sign-off.

4. Website Design, Development, Marketing & Hosting

We provide custom website design, web development, eCommerce store setup, technical maintenance, and managed hosting solutions.

A. Milestones & Deposit Structure

Website packages require a 50% deposit before development work commences. The remaining 50% balance is due and payable before your website goes live on your public domain or final administrative access is transferred.

B. Recurring Monthly Billing & Hosting

Monthly hosting, SSL security maintenance, and monthly retainers are billed automatically on the 1st of each calendar month using your stored payment method on file.

C. Third-Party Costs & Advertising Budgets

Client advertising spend and ad budgets (e.g., Google AdWords, Meta Ads, TikTok Ads) are paid directly by the Client to the respective advertising platforms and are completely separate from Vivid Design's design, setup, and campaign management fees.

D. Post-Launch Warranty Window

We provide a thirty (30) day warranty following official public launch to resolve functional bugs or discrepancies that conflict with the original agreed specifications. Modifications, new features, or issues caused by client alterations or third-party platform updates outside this window are billed at our standard rate of $65.00 CAD per hour.

E. Client Statutory, Privacy & Accessibility Compliance

The Client is solely responsible for ensuring its website complies with all applicable international, national, and local privacy, data protection, consumer protection, and accessibility laws (including, but not limited to, GDPR, CCPA, PIPEDA, BC PIPA, and accessibility standards). The Client is strictly responsible for providing, maintaining, and publishing its own Privacy Policy, Terms of Service, Cookie Notices, and consent mechanisms. Vivid Design Ltd. provides technical design and hosting services only and does not provide legal advice or guarantee statutory privacy compliance.

5. Custom Printing Services & Production Tolerances

Through our online print shop and commercial printing fulfillment network, we produce custom-manufactured, made-to-order physical goods.

A. 100% Upfront Payment for Print Production

All physical printing orders, signage manufacturing, print materials, and third-party production costs must be paid in full (100% upfront) prior to sending files to print production or placing vendor deposits. No print order will enter production without cleared funds.

B. Shipping, Courier & Freight Charges

Shipping, courier, freight, handling fees, and applicable taxes/duties are not included in initial print estimates and will be billed separately as extra expenses to the Client.

C. Artwork File Specifications

Clients submitting print-ready artwork must adhere to commercial prepress specifications:

• Color Space (CMYK): All print files must be prepared in CMYK mode. RGB or Pantone spot colors submitted will be automatically converted to CMYK process color. Color shifts resulting from digital display (RGB) to physical ink (CMYK) conversion are inherent to the printing process and are not grounds for reprints or refunds.
• Bleed & Safety Margins: Files must include standard 0.125" (1/8 inch) bleed on all edges and maintain critical text/logos within the safe margin (at least 0.125" inside trim lines).
• Resolution & File Quality: Bitmap artwork and photographs must be provided at a minimum resolution of 300 DPI at 100% scale. Vivid Design is not responsible for poor print quality, pixelation, or distortion resulting from low-resolution or substandard Client-supplied files.

D. Commercial Production Tolerances

• Color Variance: Gang-run printing groups multiple projects on large sheets. Slight variations in color, hue, tone, and density (up to 5–10%) across print runs or between different stocks and finishes are commercially normal and shall not be considered a manufacturing defect.
• Cutting Drift: High-speed mechanical guillotines have a standard movement tolerance of up to 1/16" (0.0625"). Borders designed too close to the trim line may appear slightly uneven.
• Overrun / Underrun: Shipments may occasionally vary by +/- 5% to 10% of the ordered quantity due to paper sorting and quality checks. In the rare event of an underrun exceeding 10%, a prorated store credit or refund will be issued for the missing count.

6. Orders, Pricing, Late Fees & Square Payment Processing

• Order Confirmation: All orders placed on our website represent an offer to purchase. An order is deemed accepted only when payment is processed and production has commenced. We reserve the right to cancel or reject any order due to stock unavailability, file errors, pricing discrepancies, or technical issues.
• Pricing & Taxes: All prices are displayed in Canadian Dollars (CAD) unless otherwise indicated. Applicable federal and provincial sales taxes (GST, PST, or HST) are calculated and added at checkout based on the delivery destination in Canada.
• Pre-Authorized Recurring Billing: For ongoing marketing retainers, hosting, or recurring service plans, the Client authorizes Vivid Design Ltd. to securely store payment credentials (credit card or pre-authorized debit) and automatically charge the designated payment method on a monthly recurring basis (typically on the 1st of each month).
• Late Payment Charges: Any invoice overdue by more than fifteen (15) calendar days from its due date will incur a late payment interest fee of 1.5% per month (18% per annum), accrued daily on the outstanding balance until paid in full.
• Service Suspension & Reinstatement: If payment remains delinquent after thirty (30) calendar days, Vivid Design Ltd. reserves the right to suspend all active projects, hold print deliveries, pause ad campaigns, and withhold working assets/hosting. Work and deliveries will resume only after all outstanding balances and a $65.00 CAD reinstatement fee are paid in full.
• Secure Square Processing: Payments are securely processed via Square Payments in compliance with PCI-DSS standards. We do not store raw credit card numbers on our local servers.
• Typographical Pricing Errors: In the event that a product, service, or shipping rate is mistakenly listed at an incorrect price, we reserve the right to cancel or refuse the order, even if the order has been confirmed and charged, in which case an immediate full refund will be issued.

7. Shipping, Delivery & Risk of Loss

Physical print products are packaged and shipped using reliable commercial couriers (e.g., Canada Post, UPS, FedEx, Purolator). All shipments are made under shipment contract terms (F.O.B. Origin).

• Turnaround Times: Turnaround times stated on our website refer to production and manufacturing days only; they do not include transit times, weekends, or statutory holidays. While we work diligently to meet target schedules, production turnarounds are estimates and cannot be guaranteed against unforeseen equipment breakdown or supply shortages.
• Carrier Delays & Force Majeure: Vivid Design Ltd. is not responsible for courier transit delays, weather conditions, border/customs delays, incorrect delivery addresses entered by the client, or lost/stolen packages once custody is handed over to the courier.
• Damaged Shipments: If your package arrives visibly damaged, you must document the damage with photographs of the outer packaging and contents, and report the claim to sales@vividgraphicdesign.ca within five (5) business days of delivery.

8. Cancellation, Retainer Commitments & Refund Policy

Under the British Columbia Business Practices and Consumer Protection Act and standard commercial trade practice, custom-manufactured and bespoke personalized goods cannot be resold.

• Custom Print Goods (All Sales Final): Because all print items are custom manufactured with your unique artwork, all sales are final. Once your order has progressed to prepress or production status, the order cannot be modified, canceled, or refunded.
• Design & Website Deposits: Project deposits (including 50% setup deposits) represent allocated creative and engineering hours and are non-refundable once work has commenced.
• Standard Retainer Cancellation: Ongoing monthly marketing and design retainers may be canceled by the Client with thirty (30) calendar days' written notice.
• 6-Month Minimum Commitment: Any retainer or marketing package structured without an initial onboarding/setup fee, or where setup fees were waived or discounted to $0, requires a strict minimum commitment of six (6) consecutive months. Early termination prior to 6 months will incur an early cancellation fee equal to the remaining monthly payments of the 6-month term.
• Defects & Quality Inquiries: If an order contains a clear manufacturing defect or mistake caused solely by Vivid Design Ltd. that was not present in the client-approved proof, we will gladly reprint the order at no additional charge or issue a store credit, provided the issue is reported within five (5) business days of receipt accompanied by photographic evidence.

9. Intellectual Property & Working File Ownership

• Asset Ownership: Upon payment in full of all invoices, the Client owns the final high-resolution design deliverables created specifically for them.
• Working Source Files: Upon payment in full of all invoices, the Client also owns any raw working source files specifically created for the project (e.g., layered Adobe Illustrator, Photoshop, or InDesign files).
• Proprietary Frameworks: Pre-existing software code, website architecture, proprietary scripts, and design frameworks developed by Vivid Design Ltd. prior to or independent of the project remain our intellectual property.
• Unused Drafts & Concepts: All exploratory concepts, preliminary mockups, sketches, and rejected drafts remain the property of Vivid Design Ltd. and may not be utilized without prior written agreement.
• Portfolio Display Rights: Unless explicitly agreed otherwise under a written Non-Disclosure Agreement (NDA), Vivid Design Ltd. retains the perpetual, royalty-free right to display completed designs, print samples, logos, and live website screenshots in our online portfolio, promotional materials, and printed sample kits.

10. Client Content, Trademarks & Warranties

When you provide text, photographs, illustrations, trademarks, logos, font licenses, or artwork to Vivid Design Ltd. for design or print execution, you warrant and represent that:

• You own the full intellectual property rights, licenses, or explicit permissions required to reproduce, display, and print the submitted materials.
• The submitted materials are high-resolution, print-ready, and free from copyright, trademark, or trade secret infringement.
• The materials do not violate any applicable municipal, provincial, federal, or international law.

Vivid Design Ltd. acts strictly as an electronic printing and design service provider and does not assume any legal responsibility or liability for verifying the authenticity or ownership of client-supplied assets.

11. Acceptable Use & Prohibited Content

We maintain high ethical standards and reserve the absolute right to refuse service, cancel orders, or decline to design, host, or print any materials that we determine, in our sole discretion, contain:

• Hate speech, harassment, incitement of violence, or defamation against any individual, group, or protected class.
• Sexually explicit, pornographic, or obscene material.
• Counterfeit goods, fraudulent documents, forged credentials, or materials promoting illegal enterprises.
• Malware, phishing scripts, spyware, or malicious code on websites hosted through our platform.

12. Disclaimers & Limitation of Liability

General Disclaimer: Except as expressly set forth herein, all services, products, website features, and print goods are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, statutory, or implied, including warranties of merchantability or fitness for a particular purpose.

Limitation of Liability: Under no circumstances shall Vivid Design Ltd., its directors, officers, employees, affiliates, or subcontractors be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of revenue, profit, or business opportunity) arising out of or in connection with website downtime, hosting interruptions, print production delays, shipping delays by third-party couriers, or Client-approved print errors, regardless of the theory of liability.

Maximum Liability Cap: Company's total aggregate liability under this Agreement shall not exceed the total design and print fees actually paid by the Client to Company for the specific project or order in question.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless Vivid Design Ltd., its officers, employees, contractors, agents, and fulfillment partners from and against any and all claims, losses, damages, liabilities, regulatory fines, or legal expenses (including full legal fees and disbursements on a solicitor-and-own-client basis) arising out of or related to:

• The Client's website content, customer data collection practices, or online store operations.
• Any third-party claim alleging copyright, trademark, or patent infringement relating to client-supplied artwork, logos, or text.
• Failure by the Client to comply with applicable privacy, consumer protection, or accessibility laws.
• Any breach by the Client of these Terms of Service or an executed Services Agreement.

14. Governing Law & Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict of law principles.

You irrevocably consent and submit to the exclusive personal jurisdiction of the courts of competent jurisdiction located in the Province of British Columbia, Canada, for the adjudication of any legal suit, action, or proceeding arising under or relating to these Terms.

In the event of any controversy or dispute, both parties agree to first attempt in good faith to resolve the matter through direct, informal consultation before initiating formal litigation or arbitration.

15. Contact Information & Updates

We reserve the right to revise, update, or modify these Terms of Service at any time. Any changes will become effective immediately upon posting to this page, with an updated "Last Updated" date. Your continued access to our website or engagement of our services after any modification constitutes your acceptance of the updated Terms.

If you have any questions, inquiries, or notices regarding these Terms of Service, please contact us at:

Vivid Design Ltd.
Attention: Legal & Operations
Email: sales@vividgraphicdesign.ca
Website: vividgraphicdesign.ca