1. Agreement to Terms

Welcome to picaro.ca. These Terms and Conditions (“Terms”) govern your use of our website and engagement of our creative services. By using our website, submitting inquiries, or engaging our services, you agree to these Terms. Individual project agreements may include additional terms that supplement these general Terms.

picaro.ca operates under Canadian law, specifically the province of Ontario. These Terms constitute a binding agreement between you and picaro.ca.

2. Definitions

3. Our Services

3.1 Services Offered

picaro.ca provides comprehensive creative services including:

• Brand Strategy and Identity: Logo design, visual identity systems, brand guidelines, naming
• Graphic Design: Print design, packaging, marketing collateral, illustrations
• Web Design and Development: Website design, UI/UX, front-end development, e-commerce
• Digital Marketing: Social media strategy, content creation, campaign design
• Creative Consulting: Strategic guidance, creative direction, brand audits

3.2 Project Process

Our typical engagement process:

1. Discovery: Initial consultation to understand your needs and goals
2. Proposal: Detailed scope, timeline, and pricing delivered for your review
3. Agreement: Contract signing and deposit payment to commence work
4. Creation: Design development with scheduled client review points
5. Refinement: Revisions based on your feedback within agreed scope
6. Delivery: Final deliverables and asset handover upon final payment

4. Intellectual Property

4.1 Ownership of Deliverables

Upon full payment, intellectual property rights in final Deliverables transfer to the Client, unless otherwise specified in the Project Agreement. This transfer includes the right to use, modify, and reproduce the Deliverables for your business purposes.

4.2 Pre-existing Materials

picaro.ca retains ownership of pre-existing materials, tools, methodologies, and frameworks used in creating Deliverables. We grant you a perpetual, non-exclusive licence to use such materials as incorporated into your Deliverables.

4.3 Portfolio Rights

Unless restricted by NDA, picaro.ca reserves the right to display completed work in our portfolio, case studies, and promotional materials. We will always credit the Client appropriately and respect any confidentiality requests.

4.4 Client Materials

The Client retains ownership of all Client Materials provided for the project. By providing materials, you warrant that you have the right to use them and grant us permission to incorporate them into Deliverables.

5. Payment Terms

5.1 Pricing and Deposits

Project pricing is specified in individual Project Agreements. Standard payment terms:

5.2 Accepted Payment Methods

picaro.ca accepts payment via: bank transfer (EFT), e-Transfer, credit card (Visa, Mastercard), and cheque (Canadian funds only).

5.3 Late Payments

Invoices unpaid after 30 days may incur interest at 1.5% per month. We reserve the right to pause work on ongoing projects until outstanding invoices are settled.

6. Revisions and Scope

6.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the Project Agreement. Revisions refer to modifications within the original scope and concept direction.

6.2 Additional Revisions

Revisions beyond the included rounds, or changes to approved concepts, may be billed at our hourly rate. We will notify you and obtain approval before incurring additional charges.

6.3 Scope Changes

Requests that expand the original project scope require a change order with revised pricing and timeline. We will discuss any scope changes before proceeding.

7. Client Responsibilities

To ensure successful project delivery, Clients agree to:

• Provide complete and accurate project briefs and materials
• Respond to requests for feedback within agreed timeframes
• Designate a single point of contact for project decisions
• Ensure all Client Materials are legally owned or properly licensed
• Make payments according to agreed schedules
• Communicate any concerns or changes promptly

8. Project Delays

Project timelines assume timely client feedback and approvals. Delays caused by late client responses may extend the delivery schedule. If a project is paused for more than 30 days due to client availability, we may need to reschedule the project and a restart fee may apply.

9. Cancellation and Termination

9.1 Client Cancellation

If you need to cancel a project, please notify us in writing. Deposits are non-refundable, and you will be invoiced for work completed to date. Upon payment, we will provide any work-in-progress files.

9.2 Our Right to Terminate

picaro.ca may terminate a project if: payments are significantly overdue, client is unresponsive for extended periods, or if continuing would conflict with our values or legal obligations. We will provide written notice and invoice for work completed.

10. Warranties and Disclaimers

picaro.ca warrants that Deliverables will be original work (except for licensed third-party elements) and free from plagiarism. We do not warrant specific business outcomes from creative work, as results depend on many factors beyond our control.

For web development projects, we provide a 30-day warranty period for bug fixes related to our code. Third-party integrations, hosting issues, and client modifications are excluded.

11. Limitation of Liability

To the fullest extent permitted by Canadian law:

• picaro.ca is not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the fees paid for the specific project
• We are not responsible for client misuse of Deliverables
• We are not liable for issues arising from third-party services or platforms

12. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This obligation survives project completion. Separate NDAs may be executed for sensitive projects.

13. Governing Law

These Terms are governed by the laws of Ontario, Canada. Any disputes shall be resolved through good-faith negotiation, mediation, or if necessary, the courts of Ontario.

14. Changes to Terms

picaro.ca may update these Terms periodically. Existing project agreements remain governed by the Terms in effect at signing. Continued use of our website constitutes acceptance of updated Terms.

15. Contact

For questions about these Terms:

picaro.ca

Email: [email protected]

Phone: 416-555-DESIGN