Policies Amal Jomaa Terms and Conditions
This agreement represents the complete agreement and understanding between Amal Jomaa and the client. Amal Jomaa will not knowingly enter in any contract whereby the other party’s terms conflict with any of those set out below. Should it happen that a client’s own terms and conditions conflict with any of the following terms and conditions, this document will be considered to be the authoritative one, unless a separate contract has been signed by the client and by Amal Jomaa. By becoming a client of Amal Jomaa, you agree and consent to the following terms and conditions.
Element of Design
Your total satisfaction is derived from the highest customization standard of our design work. The design process will include the following steps. For each project, Amal Jomaa will provide 3 draft variants, unless discussed otherwise. Upon their completion, you’ll have the opportunity to view the design work and chose 1 out of the 3 for further modification. The modification process will allow a 2 step reworking process for further customization and fine tuning. Further customization beyond the 2 step reworking process is subjected a standard industry competitive hourly rate. We look to you as our business partner, therefore your opinions and inputs are of utmost importance. Each step of the reworking process will provide you with the opportunity for feedback on design revision and we will only move through each step of our modification process upon your approval.
Timeframe of Completion and Delivery
Amal Jomaa and the client must work together in a timely manner, to avoid missed deadlines. Please take note that when we are experiencing higher than usual demand, we will schedule your start date within the next available time slot. From our perspective, we will provide the 3 sample draft variants within the timeframe agreed upon in the initial consultation. First and final draft of the reworking process will be presented within a specified timeframe. Further revision process, if needed, will be subjected to a specified timeframe agreed upon between Amal Jomaa and the client until the client is completely satisfied. From the client’s perspective, Amal Jomaa must be supplied with any specific text, graphics, or other specific items for inclusion within 7 workdays from the date of agreement to render service, unless agreed otherwise. Once the final design has been approved, the requested formats will be delivered via e-mail for the clients use. If the client also requires printing services, the final design delivered via e-mail is the finished product and considered the Final proof before it is sent to print.
Content
All text may be submitted on disk or e-mailed to Amal Jomaa in standard PC word processing format (.TXT or .DOC). Any grammatical error will be corrected upon the clients review and approval. All photos and graphics may be submitted to Amal Jomaa on CD in Jpeg, .tiff, format or e-mailed directly to Amal Jomaa. Paper format should be the highest quality artwork or photos available for Amal Jomaa to scan. Make sure your originals are clear and clean. Amal Jomaa will not accept graphics smaller than 2" x 2" or larger than 8.5" x 11".
Copyright / Trademark
The client will obtain all the necessary permissions and authorizations in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by the client. Amal Jomaa will make every effort to produce original artwork, but will not research on the legal availability of the name, logo, graphics or elements of text we are creating designs for. If, however the artwork created accidentally infringes on any existing trademarked artwork, Amal Jomaa’s liability is limited only to a refund of the paid amount. It is the client’s responsibility to unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Amal Jomaa for inclusion in the design work are owned by the client, or that the client has permission from the rightful owner to use each of these elements. And will hold harmless, protect, and defend, Amal Jomaa and its subcontractors, from any claim or suit arising from the use of such elements furnished by the client.
All drafts variants and intermediates forwarded to the client for modification are intended for reviews and feedback purposes only and remains the property of Amal Jomaa, unless specified otherwise in writing. Amal Jomaa will retain the exclusive copyright and ownership of all finished designs until all invoices have been paid in full.
Ownership of the final artwork becomes the full property of the client, having unlimited, indefinite and unrestricted use of the design upon payments of all fees. Amal Jomaa will retain the right to display the artwork in their portfolios and marketing materials. Unless otherwise arranged with Amal Jomaa, all stock photography is used under royalty-free license of Amal Jomaa. The client therefore, has legal rights to use the photography only within the scope of the purchased design, with the original copyright retained by Amal Jomaa. Exclusivity over the photography is available at an additional cost.
Payment Policies
Our work is based on billable hours for the time and professional expertise of our graphic designers, creative directors and photographers. Our service agreement is based on the total billable hours for which it takes to complete a design, unless a flat fee has been negotiated and approved in writing. The graphic design work we offer is a service and not refundable under any circumstances with the exception of copyright infringement as previously stated.
All project quotations, reflect the total billable hours, unless a flat fee has been negotiated and agreed upon in writing, and will be an accurate indication of the final price. The final invoice will be identical to its initial quotation unless prior written notification and authorization is made by the client to carry on the work beyond the 2 step modification process in which additional billable hours will be added to the final price.
All orders must be paid in 2 instalments consisting of an upfront deposit of 50% before the start of your project and the invoice of the remaining balance upon delivery. We accept company checks, Visa, MC or Amex. All invoices are payable on receipt, net 10 working days. (Please take note that all checks are subjected through 7 working days delay for clearance.)
Repeat clients, who have a long term working relationship and requiring ongoing design work, will be placed on a bi-monthly billing cycle in which invoices are issued on the Friday of every second week.
The on hold status, can be conferred to a repeat client if the client is responsive in terms of feedback request to the modification process but is not initiating any activity as to ensure a decision. We make every effort to work in a timely manner but we do understand that you are busy and we will take it upon ourselves to ensure that all records are kept up-to-date by invoicing every second Friday, only for work actually completed to date.
The non pay status, will be conferred to clients who have not settled their invoices after (30 days), to which a late payment charge of (2%-5%) per month will be added, retroactive to the date of the invoices. If the invoice remains unsettled after 60 days, or if there’s a payment default either due to credit card charge back or NSF checks etc., one final notice will be issued before the account is turned over to a collections agency.
The abandonment status, is conferred to clients who abandon a project by way of negligence (no follow up to feedbacks, cutting off correspondence). An invoice will be issued for the completed work up-to-date unless designs have already been sent to print to which case the full amount will be applied.
Copyright
Except where otherwise specified, all the material on this website are copyright of Amal Jomaa. All rights reserved. Material which is not an original work of Amal Jomaa has had its copyright licensed from the owner by Amal Jomaa. Except for temporary electronic storage for the purpose of immediate viewing, no part of this website may be stored or transmitted, electronically, mechanically, or otherwise, without the prior express written consent of Amal Jomaa. We take copyright very seriously and we will prosecute all cases.
Data Backup
While Amal Jomaa will use its reasonable endeavor to ensure that backup copies of the original design are made, the client shall be solely responsible for the backup of such data and Amal Jomaa shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the client which are due to the failure of the client or Amal Jomaa, to back up such data after work completion.
No Liability for Consequential Damages
Neither Amal Jomaa nor anyone else who has been involved in the creation, production, or delivery of the design job shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the design work, even if Amal Jomaa has been advised of the possibility of such damages or claim. In any case, Amal Jomaa’s entire liability under any provision of this agreement is limited to the amount paid by the client for the design project.
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this license shall continue in full force and effect. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Quebec and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial Centre of Montreal, Province of Quebec.
Force Majeure
Notwithstanding any other provision of this Agreement, neither Party will be liable for any failure to fulfill any term of this Agreement where that fulfillment is delayed, prevented, restricted or interfered with for any reason outside that party’s control (a “Force Majeure Event”).
Disclaimer of endorsement
Any reference herein to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by Amal Jomaa, its employees, sponsors or contractors. Amal Jomaa is not responsible for the contents aforementioned.
The data content on this website is for informational purpose only and is not represented to be error-free. Amal Jomaa reserves the right to discontinue or vary offers without notice on this website. Prices are subjected to changes without notice.
Accepting terms of Amal Jomaa
By placing an order for service, Amal Jomaa acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and you further agree that this agreement is the complete and exclusive statement of agreement between the parties and that it supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this agreement.
Should an order be placed then it shall be understood by all parties concerned that a contract shall not exist until Amal Jomaa acknowledges receipt and acceptance of the aforementioned order and reply’s to the client request for service.
Should you have any questions concerning these terms and limitation of liability set forth herein, please feel free to contact us in writing.
This agreement represents the complete agreement and understanding between Amal Jomaa and the client. Amal Jomaa will not knowingly enter in any contract whereby the other party’s terms conflict with any of those set out below. Should it happen that a client’s own terms and conditions conflict with any of the following terms and conditions, this document will be considered to be the authoritative one, unless a separate contract has been signed by the client and by Amal Jomaa. By becoming a client of Amal Jomaa, you agree and consent to the following terms and conditions.
Element of Design
Your total satisfaction is derived from the highest customization standard of our design work. The design process will include the following steps. For each project, Amal Jomaa will provide 3 draft variants, unless discussed otherwise. Upon their completion, you’ll have the opportunity to view the design work and chose 1 out of the 3 for further modification. The modification process will allow a 2 step reworking process for further customization and fine tuning. Further customization beyond the 2 step reworking process is subjected a standard industry competitive hourly rate. We look to you as our business partner, therefore your opinions and inputs are of utmost importance. Each step of the reworking process will provide you with the opportunity for feedback on design revision and we will only move through each step of our modification process upon your approval.
Timeframe of Completion and Delivery
Amal Jomaa and the client must work together in a timely manner, to avoid missed deadlines. Please take note that when we are experiencing higher than usual demand, we will schedule your start date within the next available time slot. From our perspective, we will provide the 3 sample draft variants within the timeframe agreed upon in the initial consultation. First and final draft of the reworking process will be presented within a specified timeframe. Further revision process, if needed, will be subjected to a specified timeframe agreed upon between Amal Jomaa and the client until the client is completely satisfied. From the client’s perspective, Amal Jomaa must be supplied with any specific text, graphics, or other specific items for inclusion within 7 workdays from the date of agreement to render service, unless agreed otherwise. Once the final design has been approved, the requested formats will be delivered via e-mail for the clients use. If the client also requires printing services, the final design delivered via e-mail is the finished product and considered the Final proof before it is sent to print.
Content
All text may be submitted on disk or e-mailed to Amal Jomaa in standard PC word processing format (.TXT or .DOC). Any grammatical error will be corrected upon the clients review and approval. All photos and graphics may be submitted to Amal Jomaa on CD in Jpeg, .tiff, format or e-mailed directly to Amal Jomaa. Paper format should be the highest quality artwork or photos available for Amal Jomaa to scan. Make sure your originals are clear and clean. Amal Jomaa will not accept graphics smaller than 2" x 2" or larger than 8.5" x 11".
Copyright / Trademark
The client will obtain all the necessary permissions and authorizations in respect to the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by the client. Amal Jomaa will make every effort to produce original artwork, but will not research on the legal availability of the name, logo, graphics or elements of text we are creating designs for. If, however the artwork created accidentally infringes on any existing trademarked artwork, Amal Jomaa’s liability is limited only to a refund of the paid amount. It is the client’s responsibility to unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Amal Jomaa for inclusion in the design work are owned by the client, or that the client has permission from the rightful owner to use each of these elements. And will hold harmless, protect, and defend, Amal Jomaa and its subcontractors, from any claim or suit arising from the use of such elements furnished by the client.
All drafts variants and intermediates forwarded to the client for modification are intended for reviews and feedback purposes only and remains the property of Amal Jomaa, unless specified otherwise in writing. Amal Jomaa will retain the exclusive copyright and ownership of all finished designs until all invoices have been paid in full.
Ownership of the final artwork becomes the full property of the client, having unlimited, indefinite and unrestricted use of the design upon payments of all fees. Amal Jomaa will retain the right to display the artwork in their portfolios and marketing materials. Unless otherwise arranged with Amal Jomaa, all stock photography is used under royalty-free license of Amal Jomaa. The client therefore, has legal rights to use the photography only within the scope of the purchased design, with the original copyright retained by Amal Jomaa. Exclusivity over the photography is available at an additional cost.
Payment Policies
Our work is based on billable hours for the time and professional expertise of our graphic designers, creative directors and photographers. Our service agreement is based on the total billable hours for which it takes to complete a design, unless a flat fee has been negotiated and approved in writing. The graphic design work we offer is a service and not refundable under any circumstances with the exception of copyright infringement as previously stated.
All project quotations, reflect the total billable hours, unless a flat fee has been negotiated and agreed upon in writing, and will be an accurate indication of the final price. The final invoice will be identical to its initial quotation unless prior written notification and authorization is made by the client to carry on the work beyond the 2 step modification process in which additional billable hours will be added to the final price.
All orders must be paid in 2 instalments consisting of an upfront deposit of 50% before the start of your project and the invoice of the remaining balance upon delivery. We accept company checks, Visa, MC or Amex. All invoices are payable on receipt, net 10 working days. (Please take note that all checks are subjected through 7 working days delay for clearance.)
Repeat clients, who have a long term working relationship and requiring ongoing design work, will be placed on a bi-monthly billing cycle in which invoices are issued on the Friday of every second week.
The on hold status, can be conferred to a repeat client if the client is responsive in terms of feedback request to the modification process but is not initiating any activity as to ensure a decision. We make every effort to work in a timely manner but we do understand that you are busy and we will take it upon ourselves to ensure that all records are kept up-to-date by invoicing every second Friday, only for work actually completed to date.
The non pay status, will be conferred to clients who have not settled their invoices after (30 days), to which a late payment charge of (2%-5%) per month will be added, retroactive to the date of the invoices. If the invoice remains unsettled after 60 days, or if there’s a payment default either due to credit card charge back or NSF checks etc., one final notice will be issued before the account is turned over to a collections agency.
The abandonment status, is conferred to clients who abandon a project by way of negligence (no follow up to feedbacks, cutting off correspondence). An invoice will be issued for the completed work up-to-date unless designs have already been sent to print to which case the full amount will be applied.
Copyright
Except where otherwise specified, all the material on this website are copyright of Amal Jomaa. All rights reserved. Material which is not an original work of Amal Jomaa has had its copyright licensed from the owner by Amal Jomaa. Except for temporary electronic storage for the purpose of immediate viewing, no part of this website may be stored or transmitted, electronically, mechanically, or otherwise, without the prior express written consent of Amal Jomaa. We take copyright very seriously and we will prosecute all cases.
Data Backup
While Amal Jomaa will use its reasonable endeavor to ensure that backup copies of the original design are made, the client shall be solely responsible for the backup of such data and Amal Jomaa shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the client which are due to the failure of the client or Amal Jomaa, to back up such data after work completion.
No Liability for Consequential Damages
Neither Amal Jomaa nor anyone else who has been involved in the creation, production, or delivery of the design job shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the design work, even if Amal Jomaa has been advised of the possibility of such damages or claim. In any case, Amal Jomaa’s entire liability under any provision of this agreement is limited to the amount paid by the client for the design project.
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this license shall continue in full force and effect. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Quebec and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial Centre of Montreal, Province of Quebec.
Force Majeure
Notwithstanding any other provision of this Agreement, neither Party will be liable for any failure to fulfill any term of this Agreement where that fulfillment is delayed, prevented, restricted or interfered with for any reason outside that party’s control (a “Force Majeure Event”).
Disclaimer of endorsement
Any reference herein to any specific product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by Amal Jomaa, its employees, sponsors or contractors. Amal Jomaa is not responsible for the contents aforementioned.
The data content on this website is for informational purpose only and is not represented to be error-free. Amal Jomaa reserves the right to discontinue or vary offers without notice on this website. Prices are subjected to changes without notice.
Accepting terms of Amal Jomaa
By placing an order for service, Amal Jomaa acknowledges that you have read this agreement, understand it, and agree to be bound by its terms and conditions, and you further agree that this agreement is the complete and exclusive statement of agreement between the parties and that it supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this agreement.
Should an order be placed then it shall be understood by all parties concerned that a contract shall not exist until Amal Jomaa acknowledges receipt and acceptance of the aforementioned order and reply’s to the client request for service.
Should you have any questions concerning these terms and limitation of liability set forth herein, please feel free to contact us in writing.