Terms and Conditions

Introduction

Please read the quotation/proposal and the following terms and conditions carefully. The client agrees to be bound by these terms and conditions once a proposal/SOW is accepted.

A 50% down payment is payable before the beginning of work. Within two weeks of the order, BNN DESIGNS INC. refunds the 50% down payment if the client cancels the project, subject to the cancellation terms below.

Payment terms

• A 50% down payment is required before work begins.
• The remaining balance is due after the Project Acceptance Letter is completed and signed.
• BNN DESIGNS INC. accepts payment through Wise, bank transfer, cash, or cheque. The payment method may be revised in writing by both parties.

Cancellation, refunds, and confidential work

The client may cancel the project at any time by sending written notice to BNN DESIGNS INC. The client is entitled to a refund of the 50% down payment when the cancellation notice is issued within 14 calendar days after the start of work. Where it is issued after that period, BNN DESIGNS INC. retains the down payment.

Work produced before cancellation is confidential and remains the property of BNN DESIGNS INC. BNN DESIGNS INC. reserves all rights in that work, including design and intellectual property rights, unless otherwise agreed in writing.

Services and work procedure

• Website design and development, including content and text design where stated in the SOW.
• Graphic design for static and animated content.
• Photos and pictures supplied by the client or sourced as agreed for the project.
• Browser testing to ensure the website works across commonly used web browsers.
• Support throughout the project, subject to the agreed scope and schedule.
• Correction of website programming errors caused by BNN DESIGNS INC.

Client responsibilities and release

The client guarantees that all text, images, and other artwork it provides are owned by the client or used with permission. The client is responsible for the accuracy, completeness, and propriety of information about its products and services provided verbally or in writing for this agreement.

Unless both parties agree otherwise, third parties may not engage in activity that changes or affects the ongoing project, copy, or download material that forms part of the original design works. Support services involving third parties are governed by the Support Document.

Design work and ownership

BNN DESIGNS INC. owns all original design works it develops, including display graphics, web elements, illustrations, designs, programming code, and related work. After the client signs the Project Acceptance Letter, ownership of the original design work transfers to the client.

Upon clearing the final payment, the client owns the visual elements created for the project and receives the source and finished files. BNN DESIGNS INC. owns the unique combination of those elements that constitutes a complete design and licenses it exclusively and in perpetuity for the project, unless otherwise agreed.

Expenses, invoices, and late payment

Out-of-pocket expenses are not expected within the project scope. Any such expense must be discussed and approved beforehand. Authorized expenses are reimbursable only up to the limits in the SOW; unless otherwise authorized in writing, the estimated limit is 15% of the fees.

The client is invoiced twice: the down payment is due upon receipt, and the remaining balance is due after the Project Acceptance Document is signed. Website invoices are due NET 30 and graphic-design invoices are due upon receipt. Payments not received within 30 days of invoice date are subject to a 10% penalty per calendar month, up to a maximum of three months.

Completion, changes, and delays

BNN DESIGNS INC. has fulfilled its obligations when it delivers the SOW activities and materials and the client accepts them without unreasonable objection by signing the Project Acceptance Document within three business days. If the client does not respond within three business days of delivery, acceptance is deemed granted.

Either party may cancel services or deliverables not yet provided within 14 business days of the contracted start-of-work date, with refunds governed by the cancellation policy above.

Demo content

BNN DESIGNS INC. retains all copyrights and licenses to demo content released to the client as an end user or for content review. Images are watermarked and the watermark must remain present and unaltered when shared with third parties. Content released for review may be shared internally with the client's team without restriction.

Project changes and delays

A Project Change Request (PCR) is required for a change to the SOW. It must describe the change, its rationale, and its expected effect on the project. Both parties' project managers review the request. If investigation is authorized, the client's project manager signs the PCR and BNN DESIGNS INC. invoices any agreed investigation charge. A written Change Authorization and/or PCR signed by both parties is required before an investigated change is implemented.

BNN DESIGNS INC. will inform the client of foreseeable delays, explain the reason, and provide an estimate of the additional project time.

General provisions and next steps

Except as otherwise set out or referred to in these terms, the proposal and following SOW are the sole and entire agreement between the parties on this subject and supersede prior discussions, agreements, and understandings.

After reviewing the proposal, the client should review the invoice and sign the appropriate lines. Once BNN DESIGNS INC. receives written or electronic notice of acceptance, it will arrange next steps and billing, and email a copy of the signed contract for the client's records.