Thom Design - Terms & Conditions

These are the general Terms and Conditions outlined in a typical project outlining the the agreement between you (the client) and Thom Digital (Jaimie Malott) regarding all Thom Digital services. By engaging in services with Jaimie Malott (Thom Digital), you acknowledge and agree to these terms:

Payment

Projects with a formal proposal will outline payment details within the proposal, and signing the proposal constitutes acceptance of those terms.

All payment agreements must be in writing and agreed upon before the commencement of any project.

I reserve the right to request a deposit before starting work, which will be specified in the agreement.

Invoices are issued with a payment deadline of 15 days unless otherwise agreed in writing. Late payments will be subject to a late fee.

Final payment must be received before the release of any final files or project deliverables.

If a client is unresponsive for more than 30 days, I reserve the right to invoice for all work completed up to that point.

Failure to pay within the agreed timeframe may result in additional fees, collection proceedings, or termination of the contract.

Rates are reviewed annually to align with industry standards; changes will be communicated in writing at least 15 days in advance.

Project Scope & Revisions

  • Where a project plan has been provided, the scope of work, including deliverables, timelines, and revisions, will be clearly outlined in the project agreement. Where a project proposal is not provided, scope, timeline, deliverables and revisions should be communicated in writing in advance of project commencement. Revisions to either scope need to be communicated in writing.
  • Unless otherwise agreed, projects include up to two rounds of revisions. Additional revisions will be billed at time and a half rate.
  • Requests outside the original scope may be considered as additional work and may require a new agreement.

Ownership & Copyright

  • All original concepts, sketches, drafts, and ideas remain my intellectual property unless otherwise agreed.
  • Upon full payment, the final deliverables (logo, website, UX design, photography, etc.) become your property.
  • Unused concepts and preliminary work remain mine and may be used for future projects or showcased in my portfolio.
  • You may modify the work as needed but do so at your own risk.
  • I reserve the right to showcase completed work in my portfolio, website, and promotional materials unless explicitly restricted by an NDA.
  • Until full payment is made, I retain all rights to the work, and unauthorized use is strictly prohibited.

Licensing & Third-Party Assets

Clients are responsible for obtaining the necessary licenses for third-party assets such as fonts, stock images, or software unless explicitly included in the agreement.

  • Fonts & Typefaces: Any fonts used in the project must be licensed in your name if required for commercial use.
  • Stock Photography & Assets: If third-party assets are needed, I will provide purchase options, and you are responsible for licensing.
  • Software & Hosting: If a project involves third-party platforms (e.g., website hosting, CMS), you must comply with their terms.

I am not liable for any legal issues arising from improper use of third-party materials supplied by the client.

Confidentiality & Data Protection

  • Any sensitive business information you share will be kept confidential.
  • If an NDA (Non-Disclosure Agreement) is required, it must be agreed upon in writing before work begins.

Limitation of liability

I am not responsible for indirect, incidental, or consequential damages, including but not limited to lost profits, business interruption, or reputational harm.

  • While I strive for accuracy and quality, I am not liable for any damages, losses, or issues arising from the use of my work.
  • You are responsible for ensuring that your company name, logo, or branding does not infringe on existing trademarks. Legal registration is your responsibility.

Termination of Agreement

  • Either party may terminate the agreement with written notice.
  • If termination occurs before project completion, the client is responsible for payment of all completed work up to the termination date.
  • Any deposits or payments made are non-refundable.

Governing Law

These Terms & Conditions are governed by the laws of Ontario, Canada. Any disputes arising from these Terms shall be resolved in the courts of Ontario.

Agreement

Engaging with Thom Digital for services constitutes acceptance of these Terms and Conditions. If you have any questions or require modifications to specific terms, please discuss them before the project begins.

I reserve the right to modify these Terms & Conditions at any time.

Clients will be notified of significant changes before they take effect.

Continued use of my services after any changes constitute acceptance of the revised Terms.

If you have any questions regarding these Terms, please contact me at hello@jaimiethom.com. I'm looking forward to working with you!