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. Please read them carefully.

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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: Terms and Conditions and The Proposal

‍The Proposal or Proposal: Formal offer outlining potential terms for an agreement which becomes binding once signed by all parties.

‍Assignment: The Client’s request for the Contractor to perform specified work, whether or not for payment.

‍Documents: All materials, data, or information provided by the Client to the Contractor 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 the associated costs.

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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.

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3. Project Proposal‍

Acceptance of Proposal:
Upon receipt of The Proposal from Greaterthan, the Client must sign and date it within 15 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 15-day period, Greaterthan reserves the right to withdraw The Proposal, revise the terms, or adjust pricing as necessary.
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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, concerning the project. No other terms or conditions shall apply unless expressly incorporated into The Proposal or otherwise agreed in writing.

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Scope of Work Adjustments:
Changes of a material nature to the scope of work after The Proposal has been signed or upon commencement of work require a formal change order. The change order will reflect modifications to the scope, timeline, or pricing and will become a binding part of The Agreement, replacing the original Proposal as the governing document for the revised scope. For minor edits or adjustments that do not materially alter the scope of work, a formal change order is not required.
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Superseding Authority of Proposal and Change Orders:
The signed Proposal, along with any subsequent change orders, governs the execution of the project and supersedes any prior agreements, discussions, or understandings. Any verbal or written communications not formalized in The Proposal or change orders have no legal effect on the scope of work, fees, or timeline.
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Revisions and Addendums:
Any revisions, addendums, or amendments to The Proposal must be made in writing, signed by both Parties, and incorporated into The Agreement to be valid and enforceable.

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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.
• The Client agrees to cover any additional costs incurred by Greaterthan due to delays or inaccuracies in the Documents provided. Any delays or adjustments to timelines due to changes made by the Client will not result in liability for Greaterthan.
• 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. A change order will be issued and signed by both parties and incorporated into The Agreement.

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.

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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.  Payments must be made within 30 days of the invoice date unless otherwise specified in The Proposal.

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Payment Structure:
For all services provided by Greaterthan, the following payment structure applies:

• 50% Payment Due Before Commencement: A deposit of 50% of the total project fee is due before the Project work begins, based on the timelines and payment schedule set out in The Proposal.  
• ‍35% Payment Due Upon Design Approval: A further 35% payment is due upon the Client’s approval of the design, before development begins.
• ‍15% Payment Due Before Handover: The remaining 15% of the total project fee is due prior to the handover of the final deliverables, as stipulated in the project timeline.

Timely Payment Acknowledgment:
The Client acknowledges and agrees that all payments must be made within the timelines specified in The Proposal. Delays in payment may result in a delay in the project schedule, and the Client understands that these payment terms are tied directly to the timely progress of the project.

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‍Late Payments and Project Delay:
If payments are not received according to the approved payment schedule, the Client understands and agrees that a 1.5% late fee will be applied monthly. The project cannot proceed as scheduled without the required payments, and Greaterthan will suspend all work and deliverables until payment is received. The Client will be notified of such suspension in writing. The Client is responsible for any costs incurred by Greaterthan in collecting overdue payments, including legal fees.

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‍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. The project’s deliverables will remain the property of Greaterthan until full payment is made. This includes any materials, designs, or content created as part of the project.

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7. 30 Days Post-Live Support

‍Greaterthan offers complimentary support for 30 days after the project goes live to ensure the website runs smoothly and meets the Client's expectations. This support includes minor tweaks, adjustments, or edits to the work completed as part of the project.

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‍Exclusions: This support does not cover major alterations, new designs, or additional functionality outside the original project scope agreed upon in The Proposal. Any requests for work beyond the agreed-upon scope will require a new Proposal and will incur additional charges.

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‍Client Responsibility: To take full advantage of this support period, the Client agrees to promptly report any issues or necessary adjustments.

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‍Timeline and Expiration: The 30-day support period begins on the date the project is officially marked as live via the post live email sent to the Client by Greaterthan. Requests made after this period will be subject to our standard service rates.

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8. Costs Associated with Third-Party Services

‍Greaterthan is not liable for any costs related to the following third-party services or products that may be necessary for the completion of the Assignment:

• Hosting Fees: Any costs associated with web hosting, domain registration, or other hosting services required for the project.
• Advertising and Marketing Costs: Any expenses incurred for paid advertising, marketing campaigns, or promotion of the Client’s business or website.
• Third-Party Applications or Tools: Fees for third-party applications, software subscriptions, or tools recommended or required for the project, such as analytics platforms, content management systems, or other integrations.
• Custom Illustrations and Design Assets: The costs of any custom illustrations, stock images, or design assets required for the project.
• Membership or Account Fees: Fees associated with third-party services, memberships, or accounts that may be needed for the project or for ongoing operations (e.g., platform subscriptions, online tools, or accounts).

The Client acknowledges and agrees to assume full responsibility for all fees and costs associated with these third-party services. Any charges related to these services are the sole responsibility of the Client, and Greaterthan will not be held liable for any ongoing or additional fees incurred for these services.

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9. Liability and Indemnification

‍Greaterthan will perform all Work with due care and professionalism, doing everything possible to deliver services that align with our claims, including helping businesses gain more traffic and grow. However, the Client acknowledges that Greaterthan cannot guarantee specific results after the website is launched and is released from all liability and claims related to the outcomes of using the website or other deliverables.

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, the Client accepts full responsibility, and Greaterthan is released from all liability and claims.

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10. Accreditation and Promotional Use

Promotional Use by Greaterthan: Greaterthan retains the right to use the materials created for the Client for internal or promotional purposes, such as case studies, portfolios, or awards submissions.

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‍Accreditation in Website Footer: Greaterthan reserves the right to include a non-negotiable accreditation hyperlink on every page of the final website. The link will prominently display text such as "Built by Greaterthan" in the footer or a comparable location, ensuring visibility.

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‍Promotion and Display of Work: Greaterthan retains the right to showcase the completed work across various platforms for professional advancement. This includes but is not limited to:

• The Greaterthan website and portfolio.
• Social media platforms, marketing campaigns, and promotional materials.
• Design and development accounts, such as Dribbble, Behance, or awards submissions.
• Case studies, videos, or other formats used to highlight expertise and skill.

Scope of Use: Greaterthan's promotional use of the work will not compromise any proprietary or confidential information of the Client. Only publicly available aspects of the project will be displayed unless explicit written consent is provided.

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‍Non-Negotiable Terms: The inclusion of accreditation in website footer is a standard condition of all Assignments. Requests to remove or alter this credit will be evaluated on a case-by-case basis.

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11. Confidentiality

‍Both Parties agree to treat any confidential information shared during the course of the Assignment with strict confidentiality, unless disclosure is required by law or agreed to by both Parties. Confidential information includes but is not limited to business data, strategies, and materials provided by the Client or Contractor.

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12. Termination of Agreement

‍Either Party may terminate the agreement if the other Party fails to comply with the contractual obligations after reasonable notice. Upon termination, the Client is responsible for paying all outstanding fees for the Work performed up to the date of termination.

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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 events deemed Force Majeure. In such cases, timelines and deadlines may be adjusted accordingly, and both Parties agree to work collaboratively to minimize delays.

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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.

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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 of the Terms and Conditions will always be available on the Greaterthan website.

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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.

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17. Contact Information

‍For any questions or concerns about these Terms and Conditions, please contact Greaterthan at:

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Website: www.greaterthanstudio.com
Email: hello@greaterthanstudio.com