Terms of Service

Below are Flora Fiora's standard Terms and Conditions. Please take the time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with our Creative Studio. By requesting designs and/or services from Flora Fiora, you agree to our Terms and Conditions and know that you are entering a binding contract – payment is required. The conditions below have been construed under Canadian Law and apply to all individuals, businesses, or companies (Client/s) engaging in the services of Flora Fiora and its subcontractors unless otherwise agreed to in writing by both parties.

GENERAL CONDITIONS OF THE CONTRACT
1. These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, paintings, visual media, websites, brand identity, illustrations, images and photography (Artwork).
2. These Terms and Conditions are subject to change without notification by the Studio.
3. These Terms and Conditions apply to the Company, its contractors, and subsidiaries.
 
ORIGINAL VISUAL BRIEF, VARIATIONS AND GUARANTEE
4. The Studio and the Client will attend an initial consultation at no charge to the Client. This can be held via Microsoft Teams, phone or in person. A (Visual Brief Design Board) will be constructed by collecting photographs, Pinterest boards, mood boards, and other forms of inspiration. This will assist in evaluating and formulating the Client’s business design requirements.
5. Delivery dates for the final Artwork are decided upon and noted in the initial proposal and contract. To officially reserve the studio's schedule, a deposit of 50% of the project's total fees must be made. The final invoice is due before production or digital delivery. The time between consultation and delivery of the final artwork will not affect the requirement to remit funds for invoicing.
6. The Studio offers three rounds of proofing for most project types under the signed contract.
7. The Studio will charge CAD$150 per hour for additional revisions that the Client requests, provided the revisions conform to the original Visual Brief and are communicated within the agreed timeline.
8. Any additional work, revisions or variations outside the original Visual Brief will be quoted before the Studio commences art production. All prices exclude GST. Extra expenses will be charged accordingly.

QUOTATIONS
9. The studio generates quotations based on the initial proposal and expected time investment. If additional work is required, quotations may be subject to change.
10. All time quotations are estimates based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.

PAYMENT
11. By remitting 50% of deposit funds to the Studio, the Client accepts the Terms and Conditions and enters into a contract with the Studio.
12. If any in-stock items are ordered, the Client is considered to have accepted the Terms and Conditions upon requesting services from the Studio.
13. The Studio will invoice the Client for the remaining cost of the Artwork and associated services before the commencement of all production or printing. The Studio reserves the right not to proceed with these services until it receives payment in full.
14. The Studio reserves the right to invoice before production if the Client has been uncontactable or unresponsive for more than 30 days. Refer to the Cancellation & Variation Policy, which begins clause (19).
15. The Studio reserves the right to invoice for work completed if the project exceeds 60 days.
16. The Client reserves the right to request a payment plan, which the Studiomay accepts at its discretion. Both parties must agree to all payment plans in writing.
17. All prices quoted on the Studio’s website design and development include delivery and exclude GST.
18. All payments are to be made within seven days of invoicing.
19. The Studio is entitled to charge the Client for any fees incurred relating to the commencement of collection and recovery processes for accounts that remain unpaid for more than 30 days.
20. The Studio reserves the right to delete websites with accounts with more than 90 days of outstanding payment.
21. The client shall not unreasonably withhold acceptance of or payment for the project. If, before completion of the project, the client observes any nonconformance with the design project, Flora Fiora must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of the deposit and the possible billing for all additional labour or expenses to date. Using any design elements by the client will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract.
 
CANCELLATION AND VARIATION POLICY
22. The Studio reserves the right to charge additional costs if the Client requests amendments to the original proposal or visual brief, the original project outcome is altered, or further artwork is asked for (refer to clause (5).
23. If the Client requests the cancellation of a Contract, The Company will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
a) If the determined monies payable are less than the deposit paid, the Studio will refund the difference to the Client.
24. If the Client does not respond within 30 days of providing concept Artwork, the company will declare the project completed and determine this Artwork as the final accepted Artwork. The Company will then invoice the Client for the final payment of the total project, and non-payment will result in collection processes. The Studio May also take legal action to recover all monies owed.
 
ARTISTIC RELEASE
25. The client has spent satisfactory time reviewing the Artist’s work and reasonably expects the Artist to perform the Services similarly and in style unless otherwise specified in a written agreement.
26. The Studio will use reasonable efforts to ensure the Client’s desired Services are produced in a style and manner consistent with the Artist’s current portfolio and will try to incorporate any reasonable suggestion made by the Client.
a) Every client is different, with different tastes, budgets, and needs;
b) Watercolour + Design + Calligraphy services are often a subjective art, and the Artist has a unique vision with an ever-evolving style and technique;
c) The Artist uses their artistic judgment when providing Services for Clients, which may not include strict adherence to Clients’ suggestions;
d) Although the Artist will use reasonable efforts to incorporate the Client’s suggestions and desires when providing the Client with the Services, the Studio shall have the final say regarding the aesthetic judgment and artistic quality of the Services;
e) Dissatisfaction with the Artist’s aesthetic judgment or artistic ability is not a valid reason to terminate any Agreement or request any monies returned.

APPROVING PROOFS/ DESIGNS/PRINTING
27. The Client is responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images and quantity. The Client is responsible for requesting another copy if the proof is difficult to read or changes are required.
a) The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Client proofs are supplied at the intended final print size (100%) to confirm colours, design, size, and type. You shall indemnify the Studio and its independent contractor/artist from and against all actions, claims, damages, liabilities or costs (including legal expenses) arising from or directly or indirectly related to the provision of Materials, use of Services by you or anyone else, or otherwise arising.

LIMITATION OF LIABILITY
28. The Client agrees and accepts that The Studio is not legally responsible for any loss or damage suffered or incurred related to the use of any of The Studio's services, whether from amendments, errors or omissions in documents, designs, information or any goods or services The studio offers. This includes the Client's use or reliance on any third-party content, links, comments or advertisements. The Client's use of, or reliance on, any information or materials The Studio produces, amends, or designs is entirely at your own risk, for which we shall not be liable.
29. It shall be the client's responsibility to ensure that any products, services, or information you use meet their specific requirements.
30. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly excludes The Studio's liability for any such inaccuracies or errors to the fullest extent permitted by law.

SUBMISSION OF CLIENT ARTWORK
31. Clients who choose to submit their own Artwork, files, and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested; however, the Company is not responsible for Artwork mistakes or supplied file errors. There will be no reprints at our expense.
32. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm. While all vendors used for printing are exceptional, and this rarely occurs, it is possible, and the Studio is not liable for these imperfections.
33. It is the Client’s responsibility to ensure that any Artwork, images, files, and text submitted do not violate Canadian copyright laws. The Studio and its sub-contractors assume all written and visual content adheres to copyright laws and that all correct permissions have been sought and/or royalties paid for use.

COPYRIGHT
34. The Artist retains copyright over all concepts and draft Artwork. This includes, but is not limited to, logos, illustrations, stationery designs, and compositions. The client is strictly prohibited from using these artworks unlawfully. The use of Artwork before payment is also illegal.
35. For more information, visit https://laws-lois.justice.gc.ca/eng/acts/C-42/Index.html
36. Artwork designed for branding and websites will remain the Artist's property until the account is paid in full. Future re-print requests for the same artwork will only incur a print management fee. Copyright ownership will be transferred to the Client for branding and website projects upon full account payment. The Studio and its Artist retain the right to utilize artwork and all design elements for portfolio/self-promotion.
37. Studio does not take any responsibility for trademarking. The client is responsible for checking the availability of trade marking laws and existing Trademarks.

PRINTING
38. Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5+ working days, depending on the product type. This period commences on the date the Client approves the Artwork proof and payment.
39. All time quotations are estimates based on calendar working (business) days. No quoted printing, Artwork, or delivery dates are guaranteed and can vary.
40. With all printing, there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artwork. This is due to the nature of CMYK printing and the bulk-run printing system. There will be no reprints at our expense.

DELIVERY
41. The Studio cannot be held liable for printing products damaged, lost or delayed products when delivered by post or courier. However, the utmost care will be taken to ensure the products arrive on time and undamaged.

WEBSITE DESIGN
42. The Client agrees to allow the Studio to add a small credit on the customer’s website. This will be in the form of a small line of text towards the bottom of the page.
43. The Client also agrees to allow the Studio to place websites and other designs, along with a link to the Client’s site, on the Studio’s website for self-promotional purposes unless both parties agree to this in writing beforehand.

WEBSITE DESIGN POST-COMPLETION ALTERATIONS
44. Upon completion of a corporate website build, the Studio will allow the Client to review the resulting work. The Studio will make one set of minor changes at no extra cost within 14 days of submission to the Client for review (‘review period’).
45. Minor changes include small textual changes and adjustments to the placement of items on the page. They do not include alteration or replacement of images, colour schemes, or any navigation features.
46. The Studio can be notified of any minor requested changes by e-mail. If the Client does not notify the Company in writing within 14 days of the start of the review period, the Company will consider that the Client has accepted the original draft.

SEO SEARCH ENGINE OPTIMISATION & SEARCH ENGINE LISTINGS
47. The Studio builds websites according to SEO trends during construction. We will help you explore your keywords/key phrases; however, the final keyword choice is the client's responsibility.
48. The Studio cannot guarantee and is indemnified by the Client against any claims regarding the following: the presence of Google or search engine listing, the position of the website in any search engines, whether or not any of the web pages will be listed in any search engines, the time it will take for any search engines to list the website, and the effectiveness of keywords/key phrases.
49. If the Client is dissatisfied with website listings, the studio can recommend contracting a developer to remedy the situation. The client can also contact the Studio to arrange a re-evaluation of the website.
50. Relating to clause (25), the Company takes no responsibility for duplicate content found on the Client's website or if the website is search engine blacklisted due to the written content or images of their site.

TECHNOLOGICAL ADVANCEMENTS
51. The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.
52. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures;
53. The Studio does not provide the following services for corporate websites: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Email errors of any kind and Email Signatures. Wedding website clients will receive the above as outlined in their original proposal.
54. The Studio is not responsible if your email addresses are targeted with spam, as this is outside our control. The Company is also not responsible if the Client’s email account details are attained and used to send spam or malicious material.
55. The Studio builds and designs websites to the best of its knowledge at the time of completion. The Studio cannot take responsibility if the Client’s site is “hacked” or maliciously attacked. The company will not be held responsible and is not liable for any loss of income to arise from the client's website “going down,” being hacked or otherwise. The Company does not provide software updates or take responsibility for outdated software. The Studio does not accept responsibility for any unforeseen technological advancements that may negatively affect any aspects of the Client’s site or system.
56. To the extent permitted by law, the independent contractor Flora Fiora hereby expressly excludes:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b) any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and
(c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the Studio, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal expenses) arising from, or directly or indirectly related to the provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.

CLIENT RESPONSIBILITIES
57. All websites are delivered in an agreed-upon working order. Any changes to the working files or configuration made by a third party to The Studio are the site owner's responsibility.
58. Websites are built using the latest software available at the time.
59. The Studio is not responsible for any content posted on the client’s website.
60. The Company does not hold any responsibility for misuse of the website.
61. The Studio does not back up website content and cannot be held liable for partial or complete data loss. It is the Client’s responsibility to back up their website.

FORCE MAJEURE
62. The Studio shall not be liable for any failure or delay in the supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Studio including but not limited to sickness, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.