Effective Date: [Insert Effective Date]
These Terms of Service (the “Terms”) govern your access to and use of the services, website, deliverables, communications, and related materials provided by Northline Creative Studio Ltd. (“Northline Creative Studio Ltd.,” “we,” “us,” or “our”). By engaging our services, accessing our website, requesting a proposal, paying an invoice, or otherwise indicating acceptance, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our services or website.
1. Introduction and Acceptance of Terms
These Terms form a legally binding agreement between you (“Client,” “you,” or “your”) and Northline Creative Studio Ltd., a design-studio business operating in Ontario, Canada. These Terms apply to all services we provide, including but not limited to brand identity design, logo design, website design, packaging design, marketing collateral design, social media creative assets, and print design.
By commissioning, approving, receiving, or using any services or deliverables from Northline Creative Studio Ltd., you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any written proposal, estimate, statement of work, or invoice that references these Terms.
2. Scope of Services
Northline Creative Studio Ltd. may provide one or more of the following services, as agreed in a proposal, quote, contract, or statement of work:
- Brand identity design;
- Logo design;
- Website design;
- Packaging design;
- Marketing collateral design;
- Social media creative assets; and
- Print design.
All services are provided based on the project scope agreed in writing. Any work outside the agreed scope, including additional concepts, revisions, format conversions, extra deliverables, rush timelines, sourcing of stock assets, printing coordination, third-party integrations, or content creation beyond the specified scope, may be subject to additional fees and revised deadlines.
Unless otherwise agreed in writing, we do not provide legal, financial, trademark, regulatory, accessibility, or technical compliance advice. You are solely responsible for obtaining any necessary professional advice and ensuring that final materials meet your legal, industry, and operational requirements.
3. User Obligations and Responsibilities
You agree to:
- Provide complete, accurate, and timely information, content, approvals, feedback, and materials necessary for the performance of the services;
- Ensure that all materials you provide to us are lawfully obtained and do not infringe the rights of any third party;
- Obtain all permissions, releases, licenses, and consents required for use of any names, likenesses, images, trademarks, fonts, copy, products, or other materials supplied by you;
- Review all drafts, proofs, mockups, and deliverables carefully and provide feedback or approval within the timeframes we request;
- Bear responsibility for final review and approval of all deliverables before publication, printing, deployment, or distribution;
- Use the deliverables in accordance with applicable laws and any usage limitations stated in the proposal or license terms; and
- Not use our services for any unlawful, misleading, defamatory, infringing, or harmful purpose.
You acknowledge that delays caused by your failure to provide materials, approvals, or instructions may affect project timelines, and Northline Creative Studio Ltd. shall not be responsible for such delays.
4. Payment Terms and Conditions
Payment terms will be set out in the applicable proposal, quote, or invoice. Unless otherwise agreed in writing:
- All fees are quoted in Canadian dollars (CAD) and are exclusive of applicable taxes, including GST/HST and any other required taxes;
- A deposit may be required before work begins, and work may be suspended until the deposit is received;
- Invoices are due upon receipt unless otherwise stated;
- Late payments may be subject to interest at the maximum rate permitted by applicable law, or such other rate as stated on the invoice or proposal;
- You are responsible for all bank charges, chargeback fees, collection costs, and other costs incurred in recovering overdue amounts;
- Any third-party expenses approved by you, including stock licensing, printing, domain registration, hosting, software subscriptions, or contractor fees, will be billed to you in addition to our service fees; and
- All payments are non-refundable except where expressly stated in these Terms or required by applicable law.
If payment is not received when due, Northline Creative Studio Ltd. may suspend work, withhold deliverables, delay project completion, or terminate the engagement without liability.
5. Cancellation and Refund Policy
Either party may cancel a project by providing written notice, subject to the following conditions:
- Deposits and amounts paid for work already completed are non-refundable unless otherwise required by law;
- If you cancel after work has commenced, you must pay for all services performed, time spent, expenses incurred, and third-party costs committed on your behalf up to the effective date of cancellation;
- If a project is paused by you for more than 30 days, we may treat the project as cancelled, invoice for work completed to date, and close the file;
- Any refund, if approved in writing by Northline Creative Studio Ltd., will be limited to amounts actually paid for services not yet performed, less any administrative or processing fees where permitted by law;
- No refunds will be issued for client delays, change of mind, dissatisfaction arising from failure to follow our advice, or rejection of approved deliverables.
We reserve the right to cancel or terminate a project if you fail to cooperate, fail to make payment, request unlawful or unethical work, or materially breach these Terms.
6. Liability Limitations
To the fullest extent permitted by applicable law, Northline Creative Studio Ltd. shall not be liable for:
- Indirect, incidental, special, consequential, exemplary, or punitive damages;
- Loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or business interruption;
- Errors, omissions, or inaccuracies in content supplied by you or third parties;
- Claims arising from your use, modification, reproduction, publication, or distribution of deliverables after approval;
- Delays caused by you, third parties, technical issues outside our reasonable control, or force majeure events; or
- Any claims relating to trademark clearance, copyright ownership, legal compliance, or regulatory approval of your final materials.
Our total aggregate liability arising out of or related to any project, service, or deliverable shall not exceed the amount you paid to Northline Creative Studio Ltd. for the specific service giving rise to the claim, except where such limitation is prohibited by law.
Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for gross negligence, wilful misconduct, or any other liability that cannot legally be limited or excluded in Canada.
7. Intellectual Property Rights
Unless otherwise agreed in writing, all preliminary concepts, working files, drafts, design methods, processes, and non-final materials created by Northline Creative Studio Ltd. remain our property.
Upon full payment of all amounts due, and subject to any separate license or assignment terms in writing, you will receive a license to use the final approved deliverables for the purposes agreed in the project scope. This license does not include:
- Unapproved concepts or discarded proposals;
- Source files, editable working files, or design files unless expressly included in the scope;
- Third-party materials incorporated under separate license terms;
- Any rights not expressly granted to you in writing.
Unless expressly transferred in writing, Northline Creative Studio Ltd. retains all rights, title, and interest in our pre-existing intellectual property, templates, tools, systems, workflows, and know-how.
You warrant that any content, trademarks, logos, images, copy, or other materials you provide do not infringe any third-party rights and that you have all necessary rights to authorize us to use them for the project.
We may display completed work, including mockups and final deliverables, in our portfolio, website, social media, award submissions, and promotional materials, unless you request otherwise in writing and we agree in writing to a confidentiality restriction.
8. Data Protection and Privacy
Northline Creative Studio Ltd. collects, uses, stores, and discloses personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and any applicable provincial privacy legislation.
We may collect personal information such as names, business contact details, billing details, project preferences, and communications for the purposes of:
- Providing and managing our services;
- Preparing proposals, contracts, invoices, and project files;
- Communicating about project status and deliverables;
- Processing payments and maintaining accounting records;
- Meeting legal, regulatory, and tax obligations; and
- Improving our services and client experience.
We may share personal information with trusted service providers and third parties as necessary to deliver our services, process payments, host files, or comply with legal obligations. We require such parties to handle personal information in a manner consistent with applicable privacy laws and our legitimate business purposes.
You are responsible for ensuring that any personal information you provide to us has been collected, used, and disclosed in compliance with applicable privacy laws and that you have obtained any required consents from individuals whose information you share.
Where applicable, we may use cookies, analytics, and similar technologies on our website to improve functionality and user experience. Further details may be set out in a separate privacy policy, if published by Northline Creative Studio Ltd.
9. Force Majeure
Neither party shall be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, epidemic, pandemic, labour disputes, war, terrorism, civil unrest, power outages, internet outages, government action, or failures of third-party platforms, suppliers, or service providers.
If a force majeure event prevents or materially delays performance, the affected party shall promptly notify the other party and use reasonable efforts to resume performance as soon as practicable. If the event continues for an extended period, either party may terminate the affected project by written notice, and you will remain responsible for payment for services already performed and approved expenses incurred.
10. Changes to Terms
Northline Creative Studio Ltd. may update or revise these Terms from time to time to reflect changes in our business practices, legal requirements, or service offerings. The updated Terms will be posted on our website or otherwise provided to you, and the revised version will take effect on the date specified in the update.
Your continued use of our services after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our services and notify us in writing.
11. Applicable Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or relating to them, the services, or any deliverables shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree that the courts located in Ontario, Canada shall have exclusive jurisdiction over any dispute arising under or in connection with these Terms, subject to any mandatory rights under applicable law.
12. Contact Information
If you have any questions, concerns, notices, or requests regarding these Terms or our services, please contact Northline Creative Studio Ltd. using the details below:
- Legal Name: Northline Creative Studio Ltd.
- Address: Northline Studio, 2450 Dixie Road, Suite 210, Mississauga, ON L4Y 2A6, Canada
- Email: [email protected]
- Phone: +1 (905) 624-7891
13. Severability Clause
If any provision of these Terms is held to be invalid, illegal, unenforceable, or contrary to applicable law by a court of competent jurisdiction, that provision shall be severed or interpreted to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Failure by Northline Creative Studio Ltd. to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.