Introduction

For purchases/transactions made between ILLusive Design Incorporated (“Business” or “Company”) and any second or third party client (“Client”) for services rendered. This Terms of service agreement (“TOS”) is considered to be a binding contractual agreement between Business and Client. This agreement pertains to any purchases and/or transactions made, directly involving Business.

Liability

In no event will “Business” be liable for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from the use of customer web sites, customer products or external links and affiliate sites. Visitors, and third parties, agree to indemnify and hold “Business” harmless, it’s owners, employees and it’s agents, from any damages claimed as a result of information, resources, products or services, or third party links obtained from the “Business” Web site.

Products and Services

Our products and services are provided “as is” without warranty of any kind, either expressed or implied unless otherwise stated. In no event shall “Busines” be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products and services. All services provided by “Business” may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold “Business” harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising and material is prohibited on all sites hosted or designed by “Business”. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we will be forced to remove your site (even if it does not have adult material on it) from our servers because we feel that it would be just a matter of time before you would either try to put that on our servers or place a link to it. The “Business” will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given. NO links to any pornography or sex related sites are tolerated and your site will immediately be removed without refund. Also prohibited are sites that promote any illegal activity or present content that may be damaging to “Business” servers or any other server on the internet. Links to such materials are also prohibited. No warez, illegal MP3 downloads or gaming sites. The “Business” will be the sole arbiter as to what constitutes a violation of this provision. Our company reserves the right to change or modify these terms with no prior notice.

Timeliness

Client agrees to provide Company with all required materials and feedback in order to maintain a continuous project workflow. If Client fails to maintain an active project, Client agrees to provide Company with remaining balance of payment in order to continue project. A project will be considered inactive after a period of 14 business days of Company waiting for any required materials or decision from Client. Projects put on hold for more than one month are subject to fee revision for remaining work.

Project Contact

Client will elect one person to be the project point of contact responsible for providing Company with final decisions and any required milestone related approvals. Upon receipt of each deliverable, client will notify Illusive Design Inc in writing within 15 days of their acceptance of the deliverable or of all problems identified, if the deliverable is not acceptable. Without such notice, Illusive Design Inc and client will consider the work accepted as delivered after 15 days.

Overdue Payments

In the event Client fails to make any of the payments set forth within the time prescribed in, Company has the right to remove the Website or place in suspension until payment in full is paid, plus accrued late charges of 2% per month.

Copyright

The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, and written content provided to The Company are owned by the Client, or the Client has received explicit permission for use, and do not violate Canada, United States and international copyright laws. Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names and contact information placed on the website also have been provided with consent from each individual. Client agrees to indemnify and hold Illusive Design Inc harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the contents, codes or images provided by the Client. The Company outside of the necessities of the project would not use any logos, trademarks, photos, illustrations, audio, video, artwork, and written content provided by the Client.

Portfolio

Company can display finished product within its own portfolio as well as place a small textual link in Client’s Website showing Powered By: Illusive Design Inc. We also reserve the right to photograph, visually reproduce, display and/or demonstrate all work and its functions as part of our portfolio, use it in slide or interactive presentations, office brochures, exhibits or other promotional materials, and enter it in competitions.

Testing and Acceptance Procedures

The Company will make every good-faith effort to test all elements of the website thoroughly and make all necessary corrections as a result of such testing prior to handing over the deliverables to the Client. Upon receipt of the website, the Client shall either accept the project or make the final payment set forth herein or provide The Company with written notice of any corrections to be made and a suggested date for completion, which should be mutually acceptable to both The Company and the Client.

No Traffic Guarantees

Unless otherwise stated in the project contract, the Company makes no representations or guarantee as to the amount of traffic to the Client’s site or interest generated in the Client’s site. The Company makes no representations and does not guarantee an increase in Client sales, nor does The Company promise top listing in any search engine or directory.

Accessibility, Usability, Cross-Platform Issues

The designer will do their best to make sites as accessible, useable, and cross-platform as possible. Client understands that some site features might cause the website to not meet these standards 100%. The Client understands that no website will look and function identically all browsers and operating systems and that any attempt to do so is futile. Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold Illusive Design Inc harmless against all claims with regard to these matters.

Cancellation of Work

In the event of cancellation of this assignment, ownership of all copyrights for the work completed by the Company remains with the Company.

Indemnity

The Client agrees and covenants to indemnify the Company harmless from any liabilities, disputes, obligations or debt that might arise from the operation of the website.

If you have any questions or concerns, please address the same to webmaster@illusivedesign.net.