General Working Agreement

This document defines the Terms and Agreement between Jesse Hallett of Bowe Sales and You, the business or individual who has rendered services from Bowe Sales. Let it be known that “You”, “Your”, “You’re” means you The Client who has rendered services from “Us”, “We”, “I”, “Me” Jesse Hallett of Bowe Sales.  All projects or services that may be contracted to provide or produce by Bowe Sales will be subject to the following Terms of Agreement.  You accept these Terms of Agreement once your project has commenced and your payment has been received.

Hours

Office hours are Monday to Friday, 09:00 to 17:00 (GMT-5/Eastern Standard Time or Toronto local time) and closed most weekends and holidays. During this time, we can generally provide feedback, support or revisions and updates on any queries within 12 – 24 hours, whilst we will also commit to answer any queries outside of the office hours within 48 hours time.

This Website

Unless otherwise stated; the resources, articles, free and related content supplied on Bowesales.com are available for usage in your personal and commercial projects. However, under the license they are released through, there are limitations to what you may and/or may not do.

You Can:

• Use the resources in your personal work, in whole or part.
• Use the resources in your commercial work, in whole or part.
• Modify the work to your personal preference.
• Share the resources with others, under the following terms:
  • Link to the resource webpage, not the specific download file.
  • Quote a webpage or use an excerpt from a webpage (don’t copy the full article and display it on your site)

You Can Not:

• You can NOT sell the resources directly for profit (eg. Selling the items, images, or files on stock resource websites or other buyers, selling the articles to newspapers or other media establishments and the like.)
• You can NOT copy the full webpage and display it on your own website. (You may quote the webpage or use an excerpt.  Please link to the original resource page or article – not the actual download file or image.)

Bowesales.com and it’s authorities are Not responsible for any loss resulting from the use of this site. By using any or all materials within this website you agree to the Terms of Use outlined on this page and within the Creative Commons 2.5 License.We ask that if you do use any or all of the material on this website, that you link to the specific page you referenced and give credit to the author.  If you have any questions on the usage of the resources supplied on Bowesales.com please feel free to ask.

Nature of Copy

You agree to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, service mark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare on your behalf.

Errors and Omissions

It is your responsibility to check proofs carefully for accuracy in all respects, including but not limited to spelling, contact information, broken links, colours, graphic designs, and technical illustrations. We are not liable for errors or omissions. You or your authorized representatives authorization either oral or written is required on all mechanicals or artwork prior to release for printing or other implementation.

Telecommunications

We are not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, and satellite network or from incompatibility between the sending and receiving equipment, website hosting provider, internet service provider, or any third party hardware and/or software.

Over Runs and Under Runs on print services

You accept over runs and under runs that do not exceed 10% of the quantity ordered on all jobs. We will bill for actual quantity delivered within this tolerance. If you require a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

E-Commerce

When conducting business online for your own website, we suggest using third-party applications and software to protect against fraud and increase your security.  Bowe Sales is in no way responsible for loss or damage caused to your business from online scams, virus’, phishing, credit card fraud etc. regarding your website, it’s users and/or your business.  You must take all necessary precautions when conducting business online.

Revisions and Alterations

With the exception of a monthly plan/package; new work requested by you and rendered by us after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate a proposal revision memo will be submitted to you, and both parties must agree to a revised additional fee before further work proceeds. Alterations and other copy changes requested after layouts or mechanicals are completed will be billed at standard hourly rates.  Final revisions are subject to 3 changes in a period of 7 days after completion of project and final proof has been reviewed.  Final proofs are to be reviewed within 24 hours of submission by designer.  Regarding monthly plans/packages we grant reasonable time to make your revisions and updates within 24-48 hours and/or 10-15 working days of your initial request depending on scope and nature of the revisions and alterations.

Updates and Maintenance

It is your responsibility to make updates and changes to your own website and your own social media pages.  Although Bowe offers this as part of its ongoing services in the monthly packages/plans, We  in no way take ownership over the content management of your website and/or social media pages.  Whilst we strive to maintain your websites on an ongoing basis, updates, revisions, changes and maintenance to your website is limited in it’s service and only available upon request.

Service Fees and Out-of-Pocket Expenses

Fees for additional services do not include outside purchases and/or labour such as, but not limited to; updates, revisions, printing, photography, logo-refinement, graphic illustrations, laminating, text-inputting, scanning, shipping and handling or courier service. Expenses are itemized on each invoice. Fees for these extra services is sixty-dollars ($60) per hour with a minimum of one hour worked.  Expenses are subject to Provincial and Federal sales taxes unless otherwise noted.  If services are required in out-of-town locations, such as lodgings, meals, and transportation, expenses will be billed at cost. Reimbursement for mileage is calculated at current allowable rates.  Additional fees for website revisions and updates that have been purchased on a monthly plan/package are excluded from this list.  However these fees will be recorded and may be subject to payment in full if you decide to cancel your services with us or own the copyright to a design.

Rights of Ownership

Once a project has been delivered by us and is fully paid for by you, we may assign the reproduction rights of the design for the use(s) described in the proposal.  According to the Canadian Copyright Act of 1985, the rights to all designs and artworks, including but not limited to photography and or illustration created by independent photographers or illustrators retained by us, or purchased from a stock agency on your behalf, remain with the individual designer, artist, photographer or illustrator until a purchase of/or lease of “All Rights” (a buyout) is negotiated with us. You may not use or reproduce the designs or the images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design that was created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us in advance to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return all of the original mechanicals and artwork (discs, slides, prints, screens, drawings, separations, illustrations, etc.) within 7 days, and to provide us with samples of each project. Should you wish to cancel your services with us and wish to continue to use designs we created for you, you must organize a buy-out of the designs from us.  We reserve the right to photograph and/or distribute or publish for our promotional and marketing needs any work created for you,  including mock-ups and comprehensive presentations, as samples for and distribution of our portfolio, news letter, brochures, presentations and/or similar media. We agree to store your files from project for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.

Production Schedules

Production schedules will be established and adhered to by both you and us, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or the Designer. If you do not adhere to our production schedules, final delivery date and/or dates as well as accompanying service fees will be adjusted accordingly.  Websites on the monthly plans/packages are subject to ‘go-live’ within 10-15 days of concept approval.

Payment and Fees

You agree to pay in accordance with the terms specified in each proposal/estimate.  New or unstable accounts will be required to pay 50% down payment of the project cost before work will begin. Unless otherwise specified, all subsequent balances due are payable upon project completion. Interest on past due balances is 15% per month and 30% per annum or the maximum rate permitted by law. You agree to pay for each check returned for non-sufficient funds or any other reason of $50 per occurrence or 15% of the value of each returned item, whichever is greater. We reserve the right to refuse completion or delivery of work until past due balances are paid. No refunds of down payment or instalments will be granted if work is cancelled or refused unless stated otherwise. Provincial and Federal Sales Taxes are in addition to all services rendered.

Hosting: Hosting is provided on behalf of Bowesales.com for you and your website on a month-to-month basis.  You acknowledge that you do not own the rights to the domain name, website, designs and content (unless these materials were provided by you) and is property of Bowe Sales and its authorities.

Renewals: Renewals happen each month and you will be invoiced accordingly to your monthly package/plan including upgrades and add-ons.  Taxes apply with all renewal fees and on all services rendered.

Domain Names: Any domain name purchased by us on your behalf is copyright of Bowe Sales.  All fees for the duration of the monthly plan are payable by you in advance of the relevant license term.

Emails: Emails are provided on behalf of Bowesales.com and connected via Google’s Gmail for your convenience.  We use Google’s services to manage aspects of your website such as email and analytics. As such, we connect your professional email account to Google’s services.

Design Services: Once a design has been completed and accepted by you, we can process any outstanding invoices related to the service regardless of if the project is completed.  All Graphic and/or Website Design work is billed at sixty-dollars ($60) per hour plus applicable taxes, including but not limited to social media set up and/or design, website updates, design revisions and ongoing maintenance.  Fees for our services and any additional services is billed at our hourly rate plus applicable taxes.  Graphic Designs for online and print media including logos and graphics are not included in your monthly package/plan and are subject to our service fees.

Estimates: Billing will reflect the actual costs incurred in addition to estimate.  You will be billed for changes in addition to completion and inspection of final proof and allotted revisions. You will be notified of any price changes in addition to their final cost.

Additional Services: Payment for any additional services that incur a one-off fee requires a down-payment upfront and work will not commence until down-payment is received.  Graphic and/or Website Design services outside of your monthly package/plan are subject to our additional service fees.  Social Media sites, additional email design, print design and other graphic design that is not covered in your monthly package/plan are subject to our additional service fees.  This is subject but not limited to; Graphic Designs for print and web, additional design of web sites, additional design of web pages, photoshopping photographs, conversion of documents (eg. word doc to pdf), writing copy that is not provided, laying out print materials, sending or receiving goods on your behalf, additional mockups and/or other services outside the scope of your project and/or monthly plan/package.

If Your Account remains unpaid 7 days after the date of invoice: We may suspend or terminate the services provided to you immediately. Any suspension does not relieve you of your obligation to make payments under these Terms of Agreement.  This includes in the event of credit card transactions being declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.  Accounts in default may be subject to an interest charge on the outstanding balance of 15% per month and 30% per annum or the maximum rate permitted by law.  You agree, in the event of default, to pay Bowe Sales our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by you. If the whole or any part of a payment is the consideration for a Taxable Supply for HST purposes, you must pay us an additional amount equal to the applicable HST amount with that payment and Bowe Sales will provide you with a HST tax invoice.

Warranty

Your website and/or designs come as is and are not covered by any warranty.  We may use third party applications, widgets, plug-ins, services and/or software that come as open source or purchased separately from Bowe Sales.  We in no way take responsibility for the use of or misuse of these products or services.  We do not warranty or guarantee our websites or designs in any manner when used with 3rd party components, plugins or web browsers or misused, changed, revised and/or updated by you, another designer or any other third party. Browser compatibility should be tested when proofed on the demo server. Please ensure that the browsers you use will work with the designs as we can not guarantee that all of our websites or designs will work with all browser combinations.

Browser Compatibility

Our website designs support all modern web browsers including (but not limited to) Firefox, Safari, Chrome, Opera and Internet Explorer 8 & 9. Whilst we strive to give every website a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers.

In the case of a browser not support certain web standards, we may include a generic workaround for that browser, which may degrade a specific function/feature gradually and in a way that may affect the user experience.

Themes Compatibility

All themes are always designed to be compatible with the latest available version of WordPress, but we can give no guarantee, that older themes will run with future versions of WordPress. We are however committed to doing our best to make all the themes compatible with future releases of WordPress as quickly as we can.

Theme Licensing & Usage

All of our WordPress themes which have been designed for the general public and made available for purchase through Bowesales.com are licensed under the Creative Commons 2.5 License. Our themes may be used by our customers on as many websites as they like.

Term and Termination

The terms of this agreement will continue for work in progress until terminated by either you or us upon 30 days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorized purchase, we will promptly do so, provided you hold us unaccountable for any cost to you incurred as a result. Upon termination of this agreement, we will transfer to you all your property and materials in our control and for which you have paid. You will indemnify and hold us unaccountable for any loss or expense (including attorney’s fees), and agree to defend us in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to any assertions made against you and any of your associated products and services arising from the publication of materials that has been prepared and you approve before publication.

Cancellation

Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. We require 30 days written notice on all cancellations.   Upon written cancellation, you are responsible for payment on all expenses incurred and any work provided toward the completion of the project based on the completed amount of time.  Should you cancel the project following its completion, you are responsible for full payment as per the estimate plus all other expenses incurred at time of cancellation.  You may cancel your monthly plan at any time with prior written notice given to us.  There is no cancellation fee on monthly plans/packages.  Should you choose to keep your website, domain name, hosting service, logos, designs and any content provided by Bowe Sales you will be required to purchase all resources and/or rights of ownership at the stated amount plus applicable taxes.  All amounts are calculated by the amount of time spent on your project at our hourly service fee.  Should you wish to not own any of your content related to your website, business and/or brand there is no final fee to pay and you may not under any circumstances continue to use any designs, materials and/or content provided by Bowe Sales.

Refund Policy

The “30 Day Money Back Guarantee” may be reimbursed to you within the first month of service with Bowe Sales and only applies to new clients starting a monthly plan/package.  Should you dislike the initial design concept and proof work provided, you may cancel our services within 30 days of your first payment.  First payment includes set-up fee, monthly package price, add-ons plus applicable taxes.  Any additional design services rendered within the first 30 days such as a logo design or a design for print do not apply for the “Money Back Guarantee” and you are required to pay the full amount for these services.  There are no refunds for non-tangible irrevocable, digital goods such as our theme designs or downloadable content.  We do not issue refunds after the subscription or individual theme purchase is made, which you are responsible for understanding upon registering at our site.

Lien

All materials or property belonging to you, as well as work and/or materials provided by us, may be retained as security until all just claims against you are satisfied.

Property and Suppliers Performance

You will take all reasonable precautions to safeguard the property of Bowe Sales. In the absence of negligence, however, we are not responsible for loss, destruction or damage, and/or unauthorized use by others of such property. We are not responsible for failure from outside parties including but not limited to shipping and receiving, print services, website hosts, internet service providers, hackers, virus’ and/or malicious software. If you select your own vendors and/or suppliers, other than those recommended by us, you may request that we coordinate the project together. If at all possible, an attempt will be made to do so. We are not responsible for quality, price, performance and/or delivery of such services from outside suppliers.

Price Changes

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. Prices of all subscriptions and products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Bowe Sales website.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize the our services, content and advertising. If you don’t wish to receive marketing communications from us or participate in our e-marketing campaigns, simply email us directly to support@bowesales.com and indicate to us your wish to be removed from our marketing lists.  You may also unsubscribe from our email marketing directly from that email which was sent to you by clicking [unsubscribe].

When you visit the Bowesales.com website or use our services, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website.

If you open an account or use our services, we may collect the following types of information:

• Contact information – your name, address, phone, email, Skype ID, Twitter account, Facebook ID and/or other similar information.
• Financial information – the full bank account numbers and/or credit card numbers that you link to our services or give us when you use our services.

Before permitting you to use our services, we may require you to provide additional information we can use to verify your identity or address or manage risk, such as your date of birth, social security number or other information. We may also obtain information about you from third parties such as credit bureaus and identity verification services.

When you are using our services, we collect information about your transactions and your other activities on our website and we may collect information about your computer or other access device for fraud prevention purposes.

Finally, we may collect additional information from or about you in other ways such as contacts with our customer support team or results when you respond to a survey from interactions with members of Bowe Sales, our affiliates and from other companies.

When you access our website, we, or companies we hire to track how our website is used, may place small data files called “cookies” on your computer. We and our service providers also use cookies to customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.

We send a “session cookie” to your computer when you log in to your account or otherwise use our services. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect.
We also use longer-lasting cookies for other purposes such as to display your e-mail address on our sign-in form, so that you don’t need to retype the e-mail address each time you log in to your account.

We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.

You may encounter cookies from third parties when using our services on websites that we do not control (for example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie placed by that web page or application.)

How we protect and store personal information

Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

We store and process your personal information on our computers and on our servers in the US and in Canada, and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US  and Canada Federal, State and Provincial regulations provided by our hosting company. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:

• provide our services and customer support you request;
• process transactions and send notices about your transactions
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our this Agreement;
• customize, measure, and improve our services and the content and layout of our website and applications;
• deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
• Compare information for accuracy and verify it with third parties.

Trademarks

We may from time to time use such brand names in our projects and on our websites.  Let it be known that “PayPal” is a registered trademark of PayPal Inc..  “VeraSign” is a registered trademark of VeraSign Inc..  “WordPress” is a registered trademark of WordPress Inc..  “WooCommerce” is a registered trademark of WooThemes Inc..  “Apple” is a registered trademark of Apple Inc.. “Facebook” is a registered trademark of Facebook Inc..  “Twitter” is a registered trademark of Twitter Inc..  “LinkedIn” is a registered trademark of LinkedIn Inc..  “YouTube” is a registered trademark of Google Inc..  “Google, Google+, Google Plus” is a registered trademark of Google Inc.. Bowe Sales is in no way directly affiliated with any of these companies.

Additional Provisions

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable to agreements entered into and performed in the Province of Ontario. This agreement is our entire understanding and may not be modified in any respect by you except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reimbursement of reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law from you, your company and/or your representatives.

These Terms of Agreement are subject to change at anytime without notice.  It is your responsibility to read and understand them in full.