Effective Date: April 15 2026
These Terms of Service (the “Agreement”) constitute a legally binding agreement between AM Graphic Design Agency (“AM Graphic Design,” the “Agency,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) engaging the Agency for design, branding, web development, or related services.
By accepting a proposal, executing a service agreement, or submitting payment to the Agency, the Client agrees to be bound by the terms set forth herein.
Engagement of Services
The Agency agrees to provide creative and technical services as described in a written proposal, quotation, statement of work, or service agreement (collectively, the “Project Documentation”). The Project Documentation forms an integral part of this Agreement and shall govern the specific scope, deliverables, timelines, and fees associated with each engagement.
All services shall be rendered in a professional manner consistent with generally accepted industry standards.
Project Scope and Changes
The scope of work is strictly limited to the services expressly defined in the Project Documentation. Any request for additional services, features, or revisions beyond the agreed scope shall constitute a change in scope and may result in additional fees, revised timelines, or both.
The Agency reserves the right to decline or defer out-of-scope requests at its sole discretion.
Client Obligations
The Client shall provide all necessary materials, content, approvals, and access required for the timely execution of the project. The Client acknowledges that delays in providing such materials or approvals may result in corresponding delays in delivery timelines.
The Client represents and warrants that all content and materials supplied to the Agency are owned by the Client or properly licensed, and do not infringe upon any intellectual property or other legal rights of third parties. The Agency shall not be held liable for any claims arising from Client-provided content.
Fees and Payment
All fees are stated in Canadian Dollars (CAD) unless otherwise specified. Payment terms, including deposits and milestone payments, shall be set out in the applicable invoice or Project Documentation.
The Agency reserves the right to require an initial deposit prior to commencing work. Work may be suspended in the event of overdue payments.
Invoices are payable within the specified payment period. Any overdue amounts may accrue interest in accordance with applicable laws in the Province of Quebec. The Client shall be responsible for any reasonable costs incurred in the collection of overdue balances.
All payments made to the Agency are non-refundable once work has commenced, except where otherwise required by law.
Revisions and Acceptance
The Agency shall provide revisions in accordance with the terms outlined in the Project Documentation. Additional revisions beyond those agreed may be subject to additional charges.
Final deliverables shall be deemed accepted upon written approval by the Client or upon use of the deliverables in commerce or publication. Following acceptance, any further modifications shall be treated as a new engagement.
Intellectual Property Rights
Upon receipt of full payment, the Agency grants to the Client ownership rights in the final approved deliverables, excluding any third-party materials, licensed assets, or pre-existing intellectual property.
The Agency retains ownership of all preliminary concepts, working files, drafts, and unused designs unless otherwise expressly agreed in writing.
The Agency reserves the right to use completed work for portfolio, marketing, and promotional purposes.
Third-Party Services
The Client acknowledges that certain services may involve third-party providers, including but not limited to hosting services, domain registrars, software platforms, or plugins.
Such third-party services are subject to their own terms and conditions, and the Agency shall not be responsible for any interruptions, failures, pricing changes, or security incidents attributable to such providers.
Website Services and Ongoing Maintenance
Where the Agency provides website-related services, the Client shall remain responsible for maintaining active hosting, domain registration, and any required third-party subscriptions unless otherwise agreed in writing.
The Agency implements commercially reasonable security practices; however, no system can be guaranteed to be entirely secure. The Agency disclaims liability for unauthorized access, data breaches, or other cybersecurity incidents beyond its reasonable control.
Limitation of Liability
To the fullest extent permitted by law, the Agency shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, revenue, or data, arising out of or related to the services provided.
In all circumstances, the Agency’s total aggregate liability shall be limited to the total fees paid by the Client for the specific services giving rise to the claim.
Termination
Either party may terminate this Agreement or any individual project upon written notice. In the event of termination, the Client shall compensate the Agency for all work performed up to the effective date of termination.
Any deposits or payments made prior to termination shall remain non-refundable.
The Agency reserves the right to terminate this Agreement immediately in the event of material breach, non-payment, or inappropriate or abusive conduct by the Client.
Confidentiality
Each party agrees to maintain the confidentiality of all non-public, proprietary, or sensitive information disclosed during the course of the engagement. This obligation shall survive the termination or completion of the Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada.
Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec.
Amendments
The Agency reserves the right to amend these Terms of Service from time to time. Updated versions may be provided to Clients or published on the Agency’s website. Continued engagement of services constitutes acceptance of any revised terms.
Entire Agreement
This Agreement, together with any applicable Project Documentation, constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.
Acceptance of Terms
By engaging the services of AM Graphic Design Agency, the Client acknowledges and agrees to these Terms of Service in full.