Terms & Conditions

1. Acceptance of Terms

Welcome to Élan Creative Collective! These Terms & Conditions ("Terms") govern your access to and use of the website located at [Your Website URL Here] (the "Site") and all services provided by Élan Creative Collective ("we," "us," or "our"). By accessing or using our Site and engaging with our design services, you signify your unequivocal agreement to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you are not authorized to use our Site or services. Your continued use of the Site or services following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms constitute a legally binding agreement between you and Élan Creative Collective.

2. Services Description

Élan Creative Collective is a premier design agency based in Toronto, Canada, specializing in a comprehensive suite of creative services tailored to elevate brands and digital experiences. Our offerings include, but are not limited to, graphic design, web design, branding, user interface (UI) design, user experience (UX) design, digital marketing collateral, and content creation. We provide bespoke solutions ranging from logo development and corporate identity packages to full-scale website development and digital campaign assets. Our services are designed to help businesses in Canada and beyond establish a strong visual presence and achieve their marketing objectives. Specific project scopes, deliverables, timelines, and pricing will be detailed in individual project proposals or statements of work ("SOWs") which, once accepted by the client, will form an integral part of the agreement between Élan Creative Collective and the client. We commit to delivering high-quality, innovative design solutions that meet the agreed-upon specifications and creative briefs.

3. User Accounts & Registration

To access certain features of our services or to manage ongoing projects, you may be required to register for an account with Élan Creative Collective. When creating an account, you agree to provide accurate, current, and complete information as prompted by the registration form. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Élan Creative Collective will not be liable for any loss or damage arising from your failure to comply with this security obligation. You must be at least 18 years of age to create an account and use our services. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or incomplete.

4. Acceptable Use Policy

You agree to use the Site and our services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. Prohibited activities include, but are not limited to, the following:

• Engaging in any illegal activities or promoting illegal activities.
• Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Uploading, posting, or transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
• Uploading, posting, or transmitting any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Uploading, posting, or transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
• Collecting or storing personal data about other users without their express consent.

Any violation of this Acceptable Use Policy may result in immediate termination of your services and legal action.

5. Intellectual Property Rights

Upon full and final payment for services rendered, Élan Creative Collective will transfer to the client all intellectual property rights, including copyright, in the final deliverables specifically created for the client as outlined in the agreed-upon SOW. This transfer applies only to the final, approved designs and not to any preliminary concepts, working files, or proprietary tools, methodologies, or stock assets owned or licensed by Élan Creative Collective. Élan Creative Collective retains the right to use any completed project for promotional purposes, including displaying it in our portfolio, on our website, and in marketing materials, unless otherwise agreed upon in writing. All content on the Élan Creative Collective website, including text, graphics, logos, images, and software, is the property of Élan Creative Collective or its content suppliers and is protected by Canadian and international copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content from our Site without our express written permission.

6. Payment & Billing

Our pricing for design services is project-specific and will be clearly outlined in a detailed proposal or SOW provided to the client. All prices are quoted in Canadian Dollars (CAD) unless otherwise specified. Payment terms typically include an upfront deposit (e.g., 50%) before project commencement, with the remaining balance due upon project completion or at agreed-upon milestones. Invoices will be issued electronically and are payable within [e.g., 15 or 30] days of the invoice date. Late payments may be subject to a late fee of [e.g., 2%] per month or the maximum amount permitted by law, calculated from the due date until the date payment is received. Élan Creative Collective reserves the right to suspend work on any project or withhold final deliverables until all outstanding payments are settled. Refunds are generally not provided for services already rendered or for deposits once work has commenced, as our services involve significant upfront creative and strategic effort. Any exceptions will be at our sole discretion and outlined in the SOW. Project cancellations by the client after work has begun may result in forfeiture of the deposit and payment for work completed up to the cancellation date.

7. Service Availability

Élan Creative Collective strives to ensure that our website and client portals are available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted or error-free operation. Access to the Site and services may be occasionally restricted or suspended to allow for repairs, maintenance, or the introduction of new facilities or services. We will endeavor to provide reasonable notice of any scheduled downtime that may affect client access to project resources. While we aim for high availability, Élan Creative Collective will not be liable if for any reason the Site or services are unavailable at any time or for any period. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, database, or content, without prior notice or liability.

8. Privacy & Data Protection

Your privacy is of utmost importance to Élan Creative Collective. We are committed to protecting the personal data you provide to us. Our collection, use, and disclosure of your personal information are governed by our comprehensive Privacy Policy, which is available on our website. We encourage you to review our Privacy Policy carefully to understand our practices regarding your data. By using our Site and services, you consent to the data practices described in our Privacy Policy. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. We comply with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and strive to uphold best practices in data protection.

9. Disclaimers & Warranties

THE SITE AND ALL SERVICES PROVIDED BY ÉLAN CREATIVE COLLECTIVE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. ÉLAN CREATIVE COLLECTIVE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WHILE WE STRIVE TO DELIVER HIGH-QUALITY DESIGN WORK, WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES OR RESULTS FROM THE USE OF OUR SERVICES. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ÉLAN CREATIVE COLLECTIVE OR THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ÉLAN CREATIVE COLLECTIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO ÉLAN CREATIVE COLLECTIVE FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100.00), WHICHEVER IS LESSER.

11. Indemnification

You agree to defend, indemnify, and hold harmless Élan Creative Collective and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Site and services, including any data or content transmitted or received by you; (b) your breach of any of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule, or regulation; (e) any content submitted by you; or (f) any other party's access and use of the Site or services with your unique username, password, or other appropriate security code. This indemnification obligation will survive these Terms and your use of the Site and services.

12. Termination

We may terminate or suspend your access to our Site and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Site and services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us to request account deletion. For ongoing design projects, termination by either party will be governed by the specific terms outlined in the project SOW. Generally, if a client terminates a project before completion, any deposits made may be forfeited, and the client will be liable for payment for all work completed up to the date of termination. Élan Creative Collective may retain any work product until all outstanding invoices are paid. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in England and Wales for the resolution of any disputes arising out of or relating to these Terms or the services provided. Any legal action or proceeding relating to your access to, or use of, the Site or services shall be instituted in a court in England and Wales. This choice of law and jurisdiction applies regardless of your location or where you access our services.

14. Changes to Terms

Élan Creative Collective reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site and services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and services. We encourage you to review these Terms periodically for any updates or changes.

15. Contact Information

If you have any questions about these Terms & Conditions, please contact us:

• Company Name: Élan Creative Collective
• Address: 123 Queen Street West, Suite 400, Toronto, ON M5H 2N2, Canada
• Email: legal@elancreative-collective.com