Terms and conditions

 

1. Introduction

 

These Terms and Conditions (“Agreement”) govern the contractual relationship between Visual Promotion (“the Agency”) and the client (“the Client”) for the provision of creative, marketing, web design, video production, photography, and related digital services (“the Services”).
By engaging or authorizing the Agency to begin work, the Client acknowledges that they have read, understood, and agreed to be bound by this Agreement.

​

​

​

2. Scope of Services

 

The Agency agrees to provide the Services in accordance with the specifications and deliverables described in the agreed-upon project proposal, quote, or agreement (“the Quote”).
Any additional work or changes beyond the original scope will require written approval and may be subject to additional fees.

​

​

​

3. Project Timelines

 

The project timeline will be stated on the approved Quote and will begin from the agreed project start date.
If no specific completion date or timeline has been agreed upon in writing before the start of the project, the Agency reserves the right to determine the delivery schedule at its sole discretion and to take as long as reasonably necessary to complete the project.
The Agency shall not be held liable for delays caused by Client inaction, lack of feedback, or failure to supply materials on time.

​

​

​

4. Revisions Policy

 

The number of revisions or edits included in the project will be explicitly stated on the Quote.
Once the included number of revisions has been completed, any additional changes or edits requested by the Client will incur additional fees, billed at the Agency’s current hourly or per-revision rate.
Revisions must be requested within the timeline of the project; requests after final delivery may be considered new work.

​

​

​

5. Client Responsibilities

 

The Client agrees to:

• Provide all necessary content, materials, and approvals promptly to facilitate timely completion of the Services;

• Designate a primary contact for communication and approvals; and

• Ensure that all provided materials (text, images, logos, etc.) are owned by or properly licensed to the Client.

The Agency shall not be responsible for delays or additional costs resulting from the Client’s failure to provide such materials or approvals on time.

​

​

​

6. Fees and Payment

 

The Client agrees to pay the Agency the agreed-upon fees for the Services as outlined in the project proposal or agreement. Payment terms , not explicitly specified in the booking system, shall be specified in a separate document.

In the event of late payment, the Client shall be subject to a late payment fee of 5% of the total outstanding amount per month. Late payment fees will accrue until the outstanding balance is settled in full. The terms and conditions regarding late payment fees will be specified in a separate document or agreement.

All payments are non-refundable once Services have commenced, unless otherwise agreed in writing.

​

​

​

7. Monthly Subscriptions and Recurring Services

 

For ongoing monthly services such as website maintenance, hosting, or marketing retainers:

• By signing the Quote or approving the recurring payment, the Client authorizes Visual Promotion to continue providing these services on a monthly basis for the foreseeable future.

• The subscription will remain active until the Client provides written notice of cancellation.

• A minimum of 30 days’ written notice is required to terminate any ongoing monthly or recurring service.

• All payments due within this 30-day period will remain payable in full.

No partial refunds will be issued for unused service periods.

​

​

​

8. Intellectual Property & Usage Rights

 

The Agency retains full copyright, ownership, and intellectual property rights to all creative work, concepts, source files, and materials produced during the project unless otherwise agreed in writing.

The Client is granted a non-transferable, non-exclusive license to use the final deliverables solely for their intended purpose.
Under no circumstances may the Client resell, modify, or redistribute the Agency’s work without written consent.

​

The Agency reserves the right to:

• Display and use completed projects, designs, or media for portfolio, promotional, or marketing purposes; and

• Include credit lines or acknowledgments such as “Produced by Visual Promotion” (including social media handles) on any published work, where applicable.

​

​

​

9. Liability & Indemnity

 

The Agency shall not be held liable for:

• Any indirect, incidental, or consequential damages arising from the use or misuse of the Services or deliverables;

• Delays or failures caused by factors outside the Agency’s control, including Client inaction, third-party software, hosting downtime, or equipment failure;

• Loss, damage, or theft of Client property or equipment during service delivery; or

• Injuries or damages occurring at any shoot or service location.

 

The Client agrees to indemnify and hold harmless the Agency and its employees, contractors, and affiliates from any claims, losses, or liabilities arising out of or in connection with the Client’s use of the deliverables or breach of this Agreement.

​

​

​

10. Image Release

 

The Client grants the Agency and its representatives the irrevocable right to use, edit, and publish photos, videos, or materials created during the project for promotional, editorial, or advertising purposes, in any medium and worldwide.

The Client releases the Agency from all claims related to such use.

​

​

​

11. Confidentiality

 

Both parties agree to keep all confidential or proprietary information disclosed during the project private and not to share it with any third party without prior written consent.

​

​

​

12. Termination

 

Either party may terminate this Agreement by providing written notice if the other party materially breaches any term and fails to remedy it within 10 business days.
Upon termination:

• The Client will pay for all work completed up to the termination date;

• Deposits are non-refundable; and

• The Agency retains ownership of all materials until full payment is received.

​

​

​

13. Rejection

 

Unless a separate rejection fee has been agreed upon, the Client may not reject or refuse payment for deliverables based on artistic style, creative direction, or composition.

​

​

​

14. Delivery and File Retention

 

Deliverables will be available for Client download or retrieval for 30 days from completion.
After this period, the Agency reserves the right to charge a file retrieval or archiving fee for any future access or requests.

​

​

​

15. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada, and both parties agree to submit to the exclusive jurisdiction of its courts.

 

​

 

16. Entire Agreement

 

This Agreement constitutes the entire understanding between the Agency and the Client and supersedes any prior written or verbal agreements.
If any provision is held to be invalid, the remaining provisions shall remain in full force and effect.

 

 

 

By approving or signing the Quote, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions in full.

​

​

​

​

​

​

​