Terms and conditions
These Terms and Conditions outline the legal obligations and agreements that apply when using our services or website. By engaging with Greaterthan, you agree to abide by these Terms.
1. Definitions
Client: The individual or entity requesting services from Greaterthan.
Contractor: Greaterthan, the service provider.
Parties: The Client and the Contractor collectively.
The Agreement: These Terms and Conditions and The Proposal.
The Proposal: A formal offer outlining the terms for an engagement, which becomes binding once signed by all parties.
Assignment: The Client's request for Greaterthan to perform specified work, whether or not for payment.
Documents: All materials, data, or information provided by the Client to Greaterthan for the execution of the Assignment.
Work: Any activities performed or arranged by Greaterthan for the Client as part of the Assignment.
Quotation: An estimate prepared by Greaterthan detailing the scope of the Work and associated costs.
2. Applicability
These Terms and Conditions apply to all services, Assignments, and Proposals between Greaterthan and the Client unless otherwise agreed in writing. Any deviations from The Agreement are only binding if confirmed in writing by Greaterthan.
3. Project Proposal
Acceptance of Proposal: Upon receipt of The Proposal from Greaterthan, the Client must sign and date it within 30 days to indicate their acceptance. The signed Proposal, along with these Terms and Conditions, will constitute The Agreement and become binding between the Client and Greaterthan. If The Proposal is not signed and returned within the 30-day period, Greaterthan reserves the right to withdraw The Proposal, revise the terms, or adjust pricing as necessary.
Governing Terms: The Proposal constitutes the sole and exclusive terms governing the project. It supersedes all prior discussions, negotiations, communications, or understandings between the Parties, whether written or oral. No other terms or conditions shall apply unless expressly incorporated into The Proposal or otherwise agreed in writing.
Scope of Work Adjustments: Any changes to the scope of work after The Proposal has been signed require written approval from both parties via email or written communication prior to work commencing. For minor edits or adjustments that do not materially alter the scope, deliverables, timeline, or pricing, a formal written amendment is not required.
Revisions and Addendums: Any revisions or amendments to The Proposal must be made in writing, agreed to by both Parties, and incorporated into The Agreement to be valid and enforceable.
4. Client Obligations
The Client must provide all required Documents, information, and materials necessary for the execution of the Work, ensuring these are accurate, complete, and provided on time.
The Client guarantees the correctness and completeness of the provided Documents, even if they originate from third parties.
Greaterthan is not liable for damages or delays resulting from the Client's failure to provide accurate or complete information.
The Client must promptly notify Greaterthan in writing of any changes to the Assignment. Changes to the Assignment may result in additional costs, which will be the responsibility of the Client. Any such changes require written approval from both parties before work on the revised scope commences.
5. Quotations and Acceptance
All Quotations from Greaterthan are non-binding unless explicitly agreed otherwise in writing. If the Client accepts a Quotation, an agreement is established once Greaterthan confirms the Assignment in writing through a formal Proposal.
Any changes in the scope or cost of services due to external factors (e.g. third-party fees, market conditions) may result in an adjustment to the original Quotation.
If no formal written agreement is made before starting the Work, the Quotation and these Terms and Conditions will govern the Assignment. Greaterthan will keep the Client informed of the costs and any significant changes.
6. Prices and Payment Terms
General Payment Terms: All prices quoted by Greaterthan are exclusive of applicable taxes, travel, and other expenses unless otherwise specified in The Proposal. Invoices are due within 15 days of the invoice date unless otherwise specified in The Proposal.
Payment Structure: For all services provided by Greaterthan, the following payment structure applies:
- 50% deposit due upon signing - secures the Client's place in the project schedule
- 30% due upon Client approval of the design
- 20% due prior to final delivery or website launch
Timely Payment: The Client acknowledges that all payments must be made within the timelines specified in The Proposal. Delays in payment may result in delays to the project schedule.
Late Payments: If payments are not received according to the approved payment schedule, a late fee of 1.5% per month will be applied. Greaterthan will suspend all work and deliverables until payment is received and will notify the Client of such suspension in writing. The Client is responsible for any costs incurred by Greaterthan in collecting overdue payments, including legal fees.
Suspension of Ownership Transfer: Should the final payment not be received on time, Greaterthan reserves the right to suspend the transfer of ownership of all work to the Client. All deliverables, materials, designs, and content created as part of the project will remain the property of Greaterthan until full payment is received.
7. Post-Launch Support
Greaterthan offers complimentary support for 30 days after the project goes live. This support includes minor tweaks, adjustments, or edits to the work completed as part of the project.
Exclusions: This support does not cover major alterations, new designs, or additional functionality outside the original project scope. Any requests beyond the agreed scope will require a new Proposal and will incur additional charges.
Client Responsibility: To take full advantage of this support period, the Client agrees to promptly report any issues or necessary adjustments.
Timeline and Expiration: The 30-day support period begins on the date the project is officially marked as live. Requests made after this period are subject to standard service rates.
8. Costs Associated with Third-Party Services
Greaterthan is not liable for any costs related to third-party services or products that may be necessary for the completion of the Assignment, including but not limited to:
- Web hosting, domain registration, or other hosting services
- Advertising, marketing campaigns, or paid promotion
- Third-party applications, software subscriptions, or tools
- Custom illustrations, stock images, or licensed design assets
- Membership or account fees for third-party platforms
The Client acknowledges and agrees to assume full responsibility for all fees and costs associated with these third-party services.
9. Liability and Indemnification
Greaterthan will perform all Work with due care and professionalism. However, Greaterthan does not guarantee that any deliverable will generate specific business results, including but not limited to increased revenue, leads, conversions, search engine rankings, or brand recognition. Results depend on factors beyond Greaterthan's control.
Greaterthan's liability for direct damages is limited to the amount invoiced for the specific Assignment. Greaterthan is not liable for any indirect damages incurred or suffered by the Client, including but not limited to loss of profits, missed savings, or business interruptions.
The Client agrees to indemnify Greaterthan from any claims by third parties relating to the use of deliverables or other results of the Work. Greaterthan is not responsible for the content, accuracy, or legal compliance of any terms and conditions, privacy policies, or other legal documents written by the Client or used on their website.
If the Client faces legal actions related to their website or deliverables, the Client accepts full responsibility, and Greaterthan is released from all related liability and claims.
10. Accreditation and Promotional Use
Promotional Use: Greaterthan retains the right to use materials created for the Client for internal or promotional purposes, such as case studies, portfolios, or awards submissions.
Accreditation: Greaterthan reserves the right to include an accreditation credit on completed websites and brand work, such as "Built by Greaterthan" or "Made by Greaterthan," unless otherwise agreed in writing.
Display of Work: Greaterthan retains the right to showcase completed work across its website, social media, portfolio platforms, and marketing materials. Only publicly available aspects of the project will be displayed unless explicit written consent is provided for anything confidential.
11. Confidentiality
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of the Assignment, including but not limited to business strategy, financial information, unreleased products, and client data.
This obligation of confidentiality survives the termination of this Agreement and remains in effect for 2 years following the project completion date.
Greaterthan will not share Client information with third parties without written consent, except where required by law or where necessary to deliver the agreed services. Any contractors or freelancers engaged by Greaterthan to assist with a project are bound by their own confidentiality obligations.
12. Termination
Termination for Convenience: Either party may terminate the Agreement with 14 days written notice.
In the event of Client-initiated termination:
- All payments made to date are non-refundable
- The Client will be invoiced for all work completed up to the termination date
- All work in progress remains the property of Greaterthan until the final invoice is paid in full
Cancellation Within 7 Days of Signing: If the Client cancels within 7 days of signing and no work has commenced, the deposit will be refunded minus a $300 CAD administration fee.
Client Inactivity: If the Client fails to respond or participate in the project for 30 consecutive days, the project will be deemed abandoned. In this case the Agreement will be terminated, the Client will be invoiced for all work completed to date, and all payments made are non-refundable.
13. Force Majeure
Greaterthan is not liable for delays or inability to perform due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, labor disputes, internet or power outages, or other Force Majeure events. Timelines may be adjusted accordingly, and both Parties agree to work collaboratively to minimize delays.
14. Governing Law and Disputes
These Terms and Conditions are governed by the laws of Canada and the province of British Columbia. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts located in Victoria, British Columbia.
15. Amendments
Greaterthan reserves the right to modify these Terms and Conditions. Any changes will be communicated to the Client, and continued use of the services implies acceptance of the updated terms. The most recent version will always be available on the Greaterthan website.
16. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17. Contact Information
For any questions or concerns about these Terms and Conditions, please contact Greaterthan at:
Website: www.greaterthanstudio.com Email: hello@greaterthanstudio.com Address: A-3385 Mill St., Cumberland, BC V0R 1S0 Canada