Terms & Conditions
No one likes to be paid 30 days after their work is done, or have to chase people down for late payments. Full payment is required immediately in exchange for work completed. In the case of on-going projects, payment for completed work up to a certain point - 30 days, or a milestone in the project - is required. Let's be fair about payments, and the hard work and dedication of our designers.
- Design - Deposits may or may not be requested prior to any design work beginning. If you had requested a digital file only, your file will be sent to you immediately after full balance is paid.
- Print Products - Print (and any design work, or other costs pertaining to the project) requires payment upon receipt of product (pick up or delivery). If e-transfer is preferred, it must be paid in advance of pick up or delivery. When a product is shipped directly to our customers, full payment must be made prior to any print order being placed. Large print orders may require a deposit.
- Website Design - Website design requires a deposit as there are initial costs involved that we need to cover. Because websites can take anywhere from 1 day to 1 month or more, payment(s) for work completed after a period of time has passed may be requested.
- Website Hosting - Website hosting is an annual payment, required prior to beginning your term or term renewal.
For your convenience, we accept the following payment methods:
- Certified cheque
- Credit card (most major credit cards accepted)
- PayPal (e-commerce and international clients only)
By hiring Blue Monster Creative, and / or giving your consent to print, and / or by using any artwork created by Blue Monster Creative, you agree to the following terms and conditions:
Copyright, Printing and Final Product
Blue Monster Creative owns copyright to all original work, including layered, working files/source files/editable files, preliminary work and concepts. Unless requested before work begins, layered files cannot be transferred to the client. After a client pays for their approved and finished design, they are granted a sublicense to the final and flattened press file and may request this file for the purpose of printing or posting online, unaltered. A fee for sending the press file to the client is generally not applicable, however in rare instances, one might apply.
Designer's Right to Authorship Credit
Designers may use work in our portfolios (including, but not limited to, any website that displays our work). Client and Designer agree that when asked, Client must properly identify Designer as the creator of work. Client does not have a proactive duty (unless agreed upon otherwise) to display Designer's name together with work, but Client may not seek to mislead others that work was created by anyone other than Designer.
A license or sublicense to use artwork/products as intended and agreed upon is granted once Blue Monster Creative is paid in full. All work is sub-licensed, aside from logo assets which will be licensed and editable as outlined vector files. All work requests must be paid in full. All print and hardware orders must be paid in full upon receipt of deliverables. Deposits may be required on some items prior to work beginning or product ordering. Drop-shipped orders must be paid for in advance. See "Copyright, Printing and Final Product" (above) for more details about what is included in a final product.
a. What is a sublicense? A sublicense means the end user is not fully licensed or permitted to use the graphic, font, or other item in any other way, other than originally intended and designed for. Therefore, if you have been granted a sublicense, you are not permitted to revise, edit, or extract a graphic from the file.
b. Why can't I edit / reuse items that Blue Monster Creative provides? Blue Monster Creative is legally bound to our providers (suppliers of fonts, stock images, etc) to provide clients with a sublicense only. We pay our suppliers money to provide our clients with sublicenses to high quality graphics and fonts from our service providers and we only charge a small fee to you to cover a sublicense. You / our clients are provided with a license to use your logo assets (these are your logos, logo variations, and icons) where ever / however you'd like.
c. Are there items that I am allowed to edit? Yes. Templates that are created expressly for you to edit. When we create templates, we ensure that it is done in such a format where you are able to use the items within each design. Any templates created in Adobe Express, Canva, etc, are bound by their legal usage rights / terms and conditions.
d. Am I allowed to mass produce / sell items created for me by Blue Monster Creative for profit? Yes - your logo ("brand assets" which are created as part of a Brand Package and sent to you as a "Brand Asset" zip file) can be used on any merchandise you'd like. You have full license to create, and sell items using your logo, icon, brand colours, brand patterns, etc. For all other items, you are not permitted to sell, edit, or mass produce for profit. See the next paragraph for more information.
e. Which items am I not allowed to mass produce / sell? Aside from your logo and provided brand assets, you are not permitted to sell, edit or mass produce for profit anything provided to from Blue Monster Creative. For example, if we illustrate a cat label as a package design for your product, you cannot use the cat image on t-shirts to sell. You are only sublicensed to use this work as provided and for its intended purpose - which is your package design. You cannot profit from the package design itself.
f. How do I use the files that Blue Monster Creative designs for me? You are able to use the final, flattened files provided to you, as intended and as per the project scope. You are not permitted to use our artwork and revise it. You are not permitted to revise our work and claim it as your own design. We are happy to adjust designs professionally to keep you on-brand. Please contact us if you require further clarity.
We keep files on storage for a limited amount of time. This allows us to readily access brand elements when working with clients. Clients are expected to retain their own file system of brand assets. Additional requests for files already provided (eg: logos), and requests for old files that have been archived, will incur a fee. Files are not guaranteed to be backed-up or kept in storage unless a storage fee arrangement is made with Blue Monster Creative. Requests for sending files old than 2 years will incur a fee (minimum $30) for looking up and sending each file.
In the event of your cancellation of this project, or any delay of more than two months, we will invoice you for the greater of either:
1) all work completed up to the date of written notification, including expenses; or
2) the amount of any advance deposit made for this project.
All work will remain our property, but will be available for up to 1 year, should the project be resumed at a later time. Upon our discretion, we may terminate a project. In this event, the Client shall pay all unpaid amounts due for services and products completed prior to notice of termination.
Website Theme License
Your website may be built with a premium theme. In this case, you are using a sublicense. The license is granted to Blue Monster Creative and is non-transferrable. You are able to use the theme sublicense for the entirety of your Standard+ (Plus) or Design & Host+ (Plus) plan term with Blue Monster Creative. To acquire your own theme license, you must purchase one from the theme developer.
Liability and Indemnification
Blue Monster Creative / Designer shall not be responsible for:
1) Errors once the file(s) has been approved to print by the client. Colour may not always be exact as monitors and printers vary in calibration.
2) Copyright and ownership of images or other information provided by the client.
3) The quality or timeliness of third-party / printer / shipping services. In the rare event of damages or degradation to the product, Blue Monster Creative / Designer will not be held liable and is not responsible for any care or maintenance of the final deliverable. Designer will take any possible action within their means to rectify, reimburse, refund, or have reprints made, but cannot guarantee the third party’s full compliance. Client shall be responsible to pay full invoiced cost, and understands Blue Monster Creative / Designer does not have complete control over items printed, produced, or delivered by a third party.
4) Information accuracy and clarity provided by Client. We use Clients’ provided information to design logos and other brand collateral. The more details that are provided to us, the clearer visual we have as creatives. We require direction to guide us on your brand personality, target market, likes/dislikes, etc. As professional designers, we have expertise and years of background knowledge in the design and print industries. We do our best to advise our Clients, but are limited to what is initially provided to us. If we ever “miss the mark” in your logo design (eg, the logo is not what you had in mind), we respectfully ask you to clarify and provide further information. Your logo is one of the most important investments in your business. Our goal is to provide our Clients with a memorable, original logo that encompasses their brand message. We want our Clients to be able to easily work with their logo in all applications, and love the look and feel of their brand. We hope you trust our process, and provide as many details to us as possible, so we can build a strong foundation for your business.
The Disappearing Act
Unfortunately, there's always a few who ruin it for others. It is because of these people, that these terms had to be created. If you happen to be one of the rare clients who choose to not pay for products or services that you hired Blue Monster Creative for, please continue to read the following:
Blue Monster Creative retains the right to suspend work, file transfers, print orders, websites, and website hosting at anytime if client is not willing to pay for work completed and/or requested by the client. 30 days after the due date of a design or print invoice is our maximum leeway granted for payments, and at our discretion. Website Hosting has zero leeway since it is billed well in advance of its renewal date. A fee to un-suspend services will be required.
We understand that some projects take longer, and/or involve committees, etc. If work sits unfinished for close to 30 days, we will send an invoice for work completed. Future work will resume once previous work has been paid for in full.
Unpaid invoices will accrue interest as per the rate at the bottom of the invoice. We reserve the right to not send out monthly statements as we prefer to spend our time working with our awesome, respectful, paying clients. We may, however, send an occasional statement that shows the interest accrued, and potentially a date in court. But we're good, friendly, people, and we'd much rather work out a payment plan or alternative that's fair for both sides. Give us a shout and we'll happily work with you.
Blue Monster Creative offers the following:
Design is a service and records are kept of the time spent on each project. Time cannot be replaced. There is no refund on design time. Full payment is required on all design work - even if a client cancels the project. See "Cancellation" above.
Print refunds or exchanges are examined on a case by case basis. Unless an order is shipped directly to the client, Blue Monster Creative thoroughly inspects each order before it reaches the client. Although it is rare, if an order arrives damaged or is unusable by obvious defects due to printing, finishing or hardware issues, Blue Monster Creative will do its best to replace, reprint, or exchange by means of standard shipping times (Your print order is generally made a priority and goes to print almost immediately. Ground shipping times are not guaranteed. Faster shipping times may be available for an additional cost). Spelling, informational, or other errors not caught during final client approval still require full payment to Blue Monster Creative. Blue Monster Creative is not liable for any errors once the client approves the file(s) for print. All files are to be approved by the client via email. Unless specialty (Pantone) inks are being used during the printing process, colour results cannot be guaranteed. All devices - monitors, printers, etc, can produce different colour results. Print proofs can be requested.
Websites are launched fully updated and fully functional, unless requested otherwise. Once a website is live and the client has full administrator access (unless specified otherwise), there is no warranty or guarantee on any products or services related to your website at the time of launch. We offer free phone and email support for at least 1 year after launch. No website is safe from hackers or bots. Please inquire about best practices to increase security on your website. Once we launch your site, if something breaks, needs repairs, or replacing, Blue Monster Creative does not have an obligation to fix it free of charge.
Website Maintenance Plans
Maintenance plans do not provide full protection against attacks; however, keeping your site updated increases security. Maintenance Plans and backups are non-refundable. Please see further details here.
Website Hosting is non-refundable. Hosting payments are due prior to renewal date. Blue Monster Creative retains the right to take down any website the day after it is due and not paid for. If your late payment is then made within a reasonable time, a late/re-launch fee will be charged.