Terms and Conditions

Capturing Design (hereinafter referred to as "the Designer") agrees to provide services as detailed in the Designer's quotation, budget price or Confirmation of Appointment to the individual, organisation or public body referred to therein (hereinafter referred to as "the Client").

Unless specifically varied in the Designer’s Confirmation of Appointment or otherwise in writing by the Designer, the following payment terms shall apply: all fees quoted are exclusive of GST and to the extent that GST is chargeable in respect of any goods, work or services supplied by the Designer, GST at the rate in force at the time of supply should be added to payments otherwise due. Pro-forma accounts will be rendered calendar monthly and/or on completion of the services provided and will be due for payment strictly at the time of project completion. Upon receipt of such payment, the Designer will furnish a tax invoice in respect thereof, the tax point being the date of such payment.

In certain circumstances at its discretion, the Designer may require some monies to be paid prior to commencement of work on account of fees likely to be incurred.

All fees quoted are subject to review and adjustment by the Designer.

In the event that full payment is made later than required by Condition 2. hereof or if only partial payment is made, the Designer may at its absolute discretion charge for administration costs and interest on any monies owed at either the rate of 2% interest per month or at the annual rate of 7% above the base rate published from time to time by Royal Bank of Canada, whichever is the greater rate, calculated weekly and compounded monthly. Failure to apply such charges does not constitute a waiver of the option so to charge.

The Designer reserves unto itself the right to withdraw its services at its entire discretion, particularly in the event of any failure to pay its pro-forma accounts and invoices or, where the Client makes its own arrangements for the contract signed. Upon such the Designer shall be under no liability whatsoever to the Client for any costs, losses and damages, howsoever arising, that the Client may incur of may have incurred.

Copyright in all documents, papers, etc. prepared or caused to be prepared by the Designer is expressly reserved by the Designer.

The Client shall indemnify and save harmless the Designer against any claims that may arise out of the content or nature of the material presented in the work agreed upon, which may be prohibited or protected by laws of any country or state relating to copyright, confidentiality or intellectual property.

These Terms of Appointment are governed by and subject to Canadian Law.