Summary
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that everyone knows what’s what, who should do what and when, and what will happen if something goes wrong. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You (our client) are hiring Us (Vireo Creative) to provide writing, design, and marketing services on either a one-time or subscription basis, as outlined on our website and in our previous correspondence.
Subscriptions will automatically renew unless cancelled. You can cancel through the Client Login at vireocreative.ca.
What do both parties agree to do?
You: You have the authority to pay for or subscribe to our services on behalf of yourself, your company or your organization. You’ll take all reasonable steps to give us the assets and information we tell you we need to complete the project. You’ll make reasonable efforts to do this when we ask and provide it in the formats we need. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by the dates we set together.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we'll maintain the confidentiality of everything you give us.
Getting down to the nitty-gritty: Our services
Copywriting and editing
We provide professional copywriting and editing services. Our goal is to deliver text that is as free from errors as possible, but we can’t guarantee there will be no errors. If there is an error in our writing, we will happily fix it.
Social media marketing and management
When we do social media marketing and management on your behalf, we require administrative access to your account. We will post as under your identity, as your business or as you personally if we’re managing an individual’s account. Posts will be approved by you, and we will do our best to not post any errors, but we can’t guarantee there will be no errors. If there is an error in our writing, we will happily fix it.
Online advertising
Our online advertising services do not include the price of ad spend. You are required to use your credit card for any advertising spend purchases.
Search engine optimization
All of our websites are built following SEO best practices, and all of our content is written with search engines in mind. We can also provide SEO audits of existing websites we didn't build, and we provide off-site search engine optimization through Google Business Profile and Bing Places management and backlink development.
Website design & development
Design
We create flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture, and typography).
You’ll have plenty of opportunities to review our work and provide feedback. We’ll have regular, possibly daily, contact.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. We can also licence up to 10 stock photos from Adobe Stock for each project. Additional stock photos can be licenced at the market rate.
HTML, CSS and JavaScript
We deliver web page types developed from HTML markup, CSS stylesheets for styling and unobtrusive JavaScript for feature detection, poly-fills and behaviours.
Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
- iOS: Safari, Google Chrome
- Android: Google Chrome on Android Emulator.
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
Content management system (CMS) training
We provide one-on-one or team training via video calls so your team can manage the CMS on their own, including creating step-by-step reference videos for common tasks.
Accessibility Standards
We follow Web Content Accessibility Guidelines (WCAG) 2.1 for accessibility standards.
Ongoing technical support & hosting
Website subscriptions and care plans include:
- Fully managed hosting
- Automatic backups
- Uptime monitoring
- Security scans
- Performance scans
- SSL Certificate
- Adobe fonts subscription
- 3 ticket requests per month (does not roll over)
Parting ways
For WordPress websites, if you don’t want us to manage your site any more, we will help transfer it to a new host for no additional cost. For Webflow websites hosted on our account, we will transfer the Webflow subscription to your own account and you will be responsible for those payments.
Service level agreement
Uptime guarantee
The website will be available 99.9% of the time, excluding scheduled maintenance or force majeure events.
Response times
For support requests, we categorize issues into Trivial, Low, Medium, High and Critical.
- Critical to High Issues (e.g., website is down): We’ll respond within 2 hours and aim to resolve within 24 hours.
- Medium Issues (e.g., minor bugs): Response within 8 hours, resolution within 5 business days.
- Low to Trivial Issues (e.g., feature requests): Response within 24 hours, scheduling for a future sprint or mutually agreed timeline.
Support channels
Support requests can be made through the following channels:
- Ticket request form
- Email: support@vireocreative.ca
- Phone: 306-292-1819
Regular support hours are Monday–Friday, 9 AM–5 PM CST. Vireo staff are available evenings and weekends for Critical to High issues.
Remedies for SLA breach
If we don’t meet our service targets (e.g., response times or uptime), we’ll work with you to resolve the issue. At our discretion, remedies may include:
- Refunds or Credits: Applied to future invoices.
- Priority Escalation: To address unresolved issues as quickly as possible.
Exclusions
The following are excluded from this SLA:
- Issues caused by third-party software or integrations.
- Force majeure events (e.g., natural disasters, widespread outages).
- Delays caused by incomplete or inaccurate information provided by the client.
Changes and revisions
All of our services include revisions. If revisions delay the project or add additional time, we will inform you of that. Extensive revisions may require us to work on the project longer, extending your subscription.
Legal stuff
You can’t transfer or assign this contract to anyone else without our permission. This contract stays in place for the duration of the project, and need not be renewed.
We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
The services and materials provided are done so on an “as is” basis and we expressly disclaim all warranties, including warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and save us harmless from all losses suffered or incurred relating to this contract arising out of or in connection with any breach by you in relation to any inaccuracy of any representation or warranty contained in this agreement. Furthermore, the maximum liability of us arising out of any claim relating to the services provided shall be limited to the total amount of fees we received from you.
Either you or us has the right to terminate this contract if the other party breaches, or is in default of any obligation hereunder, which default is incapable of cure, or which, being capable of cure, has not been cured within fifteen (15) business days after receipt of written notice from the non-defaulting party, or within such additional cure period as the non-defaulting party may authorize.
In the event of termination, we shall submit to you an invoice for any fees or disbursements accrued under this contract. You, upon payment of accrued amounts so invoiced, shall have no further liability or obligation to us.
If any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Finally, this contract contains the entire understanding and agreement of the parties with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto except as expressly otherwise provided, and may not be altered, modified or waived in whole or in part, except in writing, signed by duly authorized representatives of the parties.
Phew.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the anything we make for you including any visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
But where’s all the horrible small print?
Although the language is (mostly) simple, the intentions are serious and this contract is a legal document governed by and interpreted in accordance with the laws of the Province of Saskatchewan and laws of Canada applicable in Saskatchewan.
Changes & questions
Vireo may update this service agreement once in a blue moon — we’ll notify you about significant changes via email.
Questions about this service agreement? Please get in touch and we’ll be happy to answer them!