Terms and Conditions

These terms and conditions apply to all services provided, notwithstanding modifications executed in writing by mutual written agreement. By accepting a quote you indicate acceptance of these terms and conditions.

These terms and conditions supersede any existing or subsequent client conditions, including any conditions not specifically addressed by this document.

Our prices are indicated in US Dollars unless otherwise indicated and do not include applicable taxes. It is a global price which includes product development and reasonable modifications made in the normal course of development. (See Article 6. Product Development) Additional work and modifications undertaken at the request of the client and not included on the quote are charged an additional price calculated at a rate of $100 per hour, taxes not included.

Datasign Marketing reserves the right to modify prices at any time, however any charges for a project are billable at the rates in force at the time of the order.

All goods and products developed in the course of operations remain the property of Datasign Marketing until invoice is paid in full.

Our quotes are issued without commitment. Orders are confirmed on written approval by the customer and deposit of 30% of total quoted price before taxes.

Any cancellation after development begins, forfeits the deposit, and may be subject to additional charges to cover work already done at the time of cancellation, up to a maximum of 50% of total price of quote.

All our invoices are delivered on Net 30 terms. Failing to pay an invoice or defaulting on a payment renders any remaining balance due immediately. Unpaid work products remain our property and we reserve the right to repossess or revert any unpaid products developed at any time after notice is given. Further, it is expressly agreed between the parties that, in lieu of damages, we reserve the right, without further notice, to charge interest equal to 12% per year calculated monthly on any outstanding balance. Failing to pay an invoice or defaulting on a payment further grants us the right to cancel any contracts and agreements on delivery of a letter of intent mailed to the client address stating such.

The work product is considered complete once installed, tested and ready to use, or delivered to integration by a third party. Websites delivered are considered approved after 7 days of operation, if no claims or complaints are received. Modifications requested after 7 days of operation automatically require acceptance of a new quote.

Planning for delivery dates is intended as an indication only and dates are not guaranteed, except by special agreement. The intended delivery dates cannot be used to justify cancellation of agreements, damages or interest, except by prior agreement between the parties.

Delivery dates are automatically impacted by client response times at various stages of development and third party providers. (See article 7: Force Majeure)
Modification of a brief, specifications, or statement of work also automatically impact delivery dates.  In such cases a new delivery estimate will be provided after evaluation of changes is complete.

As stated in Article 5 above, the present article is provided as an indication only.

Development generally occurs in the following stages, which begin immediately upon receipt of an order confirmation.

Stage 1 : Development of graphic design sketches, presentation and client selection of one design.

Stage 2 : Development of selected design and initial presentation. Client comments and design corrections.

Stage 3 : Delivery and acceptance of graphics. Beginning of programming or software development.

Stage 4 : Development completion and presentation. Client comments and corrections. In the case of printed materials: Generating production files, print project management with selected supplier.

Stage 5 : Final client approval. Products are switched online, tested and accepted by client. Training sessions are provided, if applicable to the project. Printed products are delivered.

Modifications that are outside the normal development process (such as going back to previous phases already accepted, modification after delivery, change in specifications, etc.) will be considered as foreign to this quote and subject to a price revision or new quotation.

Datasign Marketing reserves the right to cancel services not yet rendered should we be unable to do so due to war, strike, blockade, accident of any nature, unforeseen circumstances or other force majeure. 

Datasign Marketing’s responsibility for failing to deliver any work product, or to any claim to damages is limited to an amount not to exceed the total amount paid to Datasign Marketing on presentation of proof of fault to one of our officers.

For US clients, all taxes and fees established by the US goverment, the State of Illinois, or other competent authority are the Client’s responsibility, and not included in our Quote.

For Canadian clients, all taxes and fees established by the Canadian government, the Quebec government or other competent authority are the Client’s responsibility and not included in our Quote.

For US clients, any litigation concerning sales, services, contracts or delivered work will be subject to the laws of Illinois and the United States of America, and will be resolved before a court in District 1 – Chicago court circuit.

For Canadian clients, any litigation concerning sales, services, contracts or delivered work will be subject to the laws of Quebec and Canada, and will be resolved before a court in the Montreal Judicial District.