E-mail: info@ignitesuccess.ca
Terms and Conditions
GENERAL AGREEMENT This document defines the terms and conditions of our working relationship. All projects or services that Ignite Success may be contracted to produce or provide for the client will be subject to the following:
BILLING Fees for services to be provided by Ignite Success will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 20% of the quoted fee will become immediately due. Work on the project will not commence until Ignite Success has received this amount. All assignment of work requested of Ignite Success will be billable unless Ignite Success indicates otherwise by email or in writing. If the work time exceeds 6 calendar weeks in duration, Ignite Success will provide monthly invoices to the client for work completed, and the client agrees to a progress payment of the balance of work completed per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. If the client requests the project work be accelerated, or provides last minute revisions or additional, additional overtime or rush charges above Ignite Success’ standard rate may be charged. Federal and provincial taxes apply to all invoices for fees and expenses related to professional services rendered. All rates and quotations are exclusive of taxes. Accordingly, the appropriate tax amounts will be shown on the invoice, with our GST registration number, so that the purchaser will have the information required to claim an input tax credit to the extent allowed by legislation.
INVOICING Invoices will be sent via email in PDF format, unless a different format or delivery method has been agreed upon. All invoices are due within 30 days of the date on the invoice. It is the client’s responsibility to ensure that Ignite Success has a current email address for the client and that the email account is working properly to accept emails from Ignite Success. All changes to a client’s contact information must be submitted in writing or via email. Payments may be made by cash, cheque, Money Order, or PayPal. Returned cheques will incur an additional fee of $40.00 per returned cheque. Ignite Success reserves the right to consider an account to be in default in the event of a returned cheque. Final products, suitable-for-upload and use will not be delivered until the full balance has been paid unless agreed upon in writing by Ignite Success and the client.
DELINQUENT ACCOUNTS AND LATE FEES An account shall be considered delinquent if it remains unpaid after 30 days from the date of invoice, or following a returned cheque. A delinquent account will incur a late fee of 10% per month. This includes any and all unpaid monies due for services, including, but not limited to: consulting services, instructional design, course development, course publishing, LMS upload services, voice over talent, facilitation, and any other services provided by Ignite Success. Clients whose accounts become delinquent agree to pay Ignite Success any and all legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
PROJECTS At the time of proposal, Ignite Success will provide the client with a written estimate or quotation and a copy of these Terms and Conditions. A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Ignite Success. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Ignite Success’ terms and conditions. No work on a project will commence until either document has been received by Ignite Success. The client agrees that changes required over and above the estimated work, or required to be carried out after acceptance of the draft design, will be liable to additional charges. The client also agrees that Ignite Success holds no responsibility for any amendments made by any third party, before or after a design is published.
CHANGES Unless otherwise provided in the proposal, and except as otherwise provided for herein, the client shall pay additional charges for changes requested by the client which are outside the scope of the services on a time and materials basis at Ignite Success’ standard hourly rate. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Ignite Success may extend or modify any delivery schedule or deadlines in the proposal and deliverables as may be required by such changes. If the client requests or instructs changes that amount to a revision in or near excess of 40 percent (40%) of the time required to produce the deliverables, and or the value or scope of the services, Ignite Success shall be entitled to submit a new and separate proposal to the client for written approval. Work shall not begin on the revised services until a fully signed revised proposal and, if required, any additional retainer fees are received by Ignite Success. Ignite Success will prioritize performance of the services as may be necessary or as identified in the proposal, and will undertake commercially reasonable efforts to perform the services within the time(s) identified in the proposal. Client agrees to review deliverables within the time identified for such reviews and to promptly either (i) approve the deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the client’s concerns, objections or corrections to Ignite Success. Ignite Success shall be entitled to request written clarification of any concern, objection or correction.
PROJECT COMPLETION Any indication given by Ignite Success of a project’s duration is to be considered by the client to be an estimation only. Ignite Success shall use commercially reasonable efforts to meet all project schedules and requested delivery timeframes agreed upon in the proposal. Estimated project duration should be deemed to be from the date that cleared funds are received by Ignite Success for the initial payment or deposit or by date confirmed in writing by Ignite Success. Ignite Success will exercise commercially reasonable efforts to test deliverables requiring testing and to make all necessary corrections prior to providing deliverables to the client. The client, within five (5) business days of receipt of each deliverable, shall notify Ignite Success, in writing, of any failure of such deliverable to comply with the specifications set forth in the proposal, or of any other objections, corrections, changes or amendments the client wishes made to such deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and Ignite Success will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this agreement. In the absence of such notice from the client, the deliverable shall be deemed accepted. Ignite Success considers the design project complete upon receipt of the client’s signed approval.
OWNERSHIP AND RIGHTS If a choice of design is presented, only one solution is deemed to be given by Ignite Success as fulfilling the contract. All other designs remain the property of Ignite Success, unless agreed in writing that this arrangement has been changed. The client content, including all pre-existing trademarks, shall remain the sole property of the client or its respective suppliers, and the client or its suppliers shall be the sole owner of all rights in connection therewith. The client hereby grants to Ignite Success a nonexclusive, non-transferable license to use, reproduce, modify, display and publish the client content solely in connection with Ignite Success’ performance of the services and limited promotional uses of the deliverables as authorized in this agreement. Upon completion of the services, and expressly subject to full payment of all fees, costs and out-of-pocket expenses due, Ignite Success grants to the client the rights to the final product as set forth in the proposal.
ACCREDITATION/PROMOTIONS Ignite Success retains the right to reproduce, publish and display the final product in Ignite Success’ portfolios and website, and other media or exhibits for the purposes of recognition of instructional excellence or professional advancement, and to be credited with authorship of the final design in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
CANCELLATION Cancellation of projects or contracts may be made initially by telephone contact, or e-mail, however, following this, Ignite Success will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days.
DISCLAIMER Ignite Success may modify any of the terms and conditions contained in this agreement, at any time and at its sole discretion, by posting a change notice or a new agreement. Modifications may include, but are not limited to, changes in the scope of available services and product prices. The client’s continued participation with Ignite Success following a posting of a change notice or new agreement will constitute binding acceptance of the change. Ignite Success makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Ignite Success will not be held responsible for any and all damages resulting from products and/or services it supplies. Ignite Success is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. The client agrees not to hold Ignite Success responsible for any such loss or damage. Any claim against Ignite Success shall be limited to the relevant fee(s) paid by the client. Ignite Success reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Ignite Success will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
ACCEPTANCE OF QUOTATION AND TERMS OF SERVICE The placement of an order for design and/or any other services offered by Ignite Success and validated by the client’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Ignite Success.