Terms and Conditions

These Terms and Conditions (“Terms”) form part of any quotation, estimate, proposal, agreement, invoice, or other service document issued by Fenwood Creative Ltd. (“Fenwood Creative,” “we,” “our”), and together constitute the full agreement (“Agreement”) between Fenwood Creative and the Client (“you,” “the Client,” “Customer”).

Services Provided

Fenwood Creative provides graphic design, interpretive signage design, content development, scientific illustration, wayfinding strategies, and related consulting services (“the Work”) as described in a written agreement or accompanying document.

Pricing

All pricing is based on current rates and includes estimated labour, materials, and design. Taxes, tariffs, and third-party fabrication or installation costs may be additional unless otherwise specified. If these costs change significantly during the project, the Client agrees to cover the adjusted amounts as documented by invoice.

Payment Terms

Unless otherwise agreed in writing:

50% deposit is required upon signing
25% due at key milestone as set out in SOW
25% due upon delivery of final files or project completion

Payments not received within 30 days of invoicing may incur a 2% monthly late fee. A 2.75% fee applies to payments made by credit card.

Late Payments

Outstanding balances not paid on time may incur interest at a rate of 18% annually (or the maximum allowable by law).

Revisions

The project includes three (3) rounds of revisions unless otherwise stated. Additional revisions beyond the agreed scope will be billed at our standard hourly rate. Revisions requested after final approval may be considered new work and quoted separately.

Intellectual Property & Usage Rights

All designs and creative content produced by Fenwood Creative remain our intellectual property unless otherwise agreed in writing. Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable license to use the approved final designs for their intended purpose. Clients may not reproduce, alter, or resell our content without written permission.

Fenwood Creative retains the right to showcase completed work in our portfolio and promotional materials. Working files (e.g., layered design files) are not included in standard deliverables and may be licensed separately by written agreement.

Confidentiality

Both parties agree to treat all sensitive, proprietary, or project-specific information as confidential. This clause survives the termination of this Agreement.

Client Responsibilities

You agree to provide timely and clear feedback, required content, approvals, and access to any necessary information, people, or sites to complete the Work. The accuracy of final text, map data, illustrations, or content is the responsibility of the Client unless content creation was explicitly part of the Work.

Cancellations

If the Client cancels the project after work has begun, the Client will be invoiced for work completed to date, including planning, consultation, design, and coordination hours. The initial deposit is non-refundable. If fabrication or printing has started, additional cancellation or material costs may apply.

Liability & Indemnification

Fenwood Creative is not liable for any indirect, incidental, or consequential damages arising from the use or misuse of final products. Clients are responsible for reviewing and approving all final proofs. We are not responsible for errors in approved content, nor for installation-related incidents if installation is managed by a third party.

Artwork & Accuracy

Clients are responsible for reviewing and approving all artwork proofs before production. This includes checking spelling, grammar, dimensions, colours, materials, and overall content accuracy.

Fenwood Creative does not provide translation services or verify technical content unless otherwise contracted. While we do our best to flag any issues, it is ultimately the client’s responsibility to ensure all content is accurate and appropriate.

Once final approval is given, any errors discovered—such as typos, mislabelled content, or incorrect specifications—may result in additional charges for revisions, reprints, or fabrication changes. We recommend reviewing every proof carefully to avoid unexpected costs or delays.

Refund Policy

At Fenwood Creative, we’re committed to delivering thoughtful, high-quality work. Our collaborative process includes multiple opportunities for review and feedback to ensure the final product meets your expectations.

Because our projects are custom-built—from concepts to final files—all approved deliverables are non-refundable. This includes digital designs, illustrations, and signage layouts.

If your project includes printed or fabricated pieces handled by a third-party vendor, Fenwood Creative may help coordinate that work, but any warranty, replacement, or quality concerns must be addressed directly with the fabricator. While we’re happy to offer guidance, the final responsibility for these products lies with the client and the vendor.

Third-Party Vendors

In projects that involve fabrication or installation by third-party contractors, Fenwood Creative’s role is one of design and coordination. We do not oversee or guarantee vendor timelines, material outcomes, or installation quality.

Clients are responsible for ensuring permits, utilities, and site conditions are in place prior to fabrication or installation. If additional site preparation or troubleshooting is required, any associated costs or delays are the client’s responsibility.

Default

If the Client fails to make payment when due, or does not fulfill any obligation outlined in this Agreement after the Work is delivered — or Fenwood Creative is ready to deliver — the Client will, without notice, become immediately responsible for the total of:

all previously invoiced but unpaid amounts, and
all unbilled remaining fees and costs associated with the project.

In the case of insolvency, bankruptcy, or other financial proceedings initiated by or against the Client, all outstanding balances become due immediately. Fenwood Creative also reserves the right to pause work, suspend any in-progress services, and withhold final deliverables until payment is made in full.

Acceptance of late payments does not waive Fenwood Creative’s rights regarding future defaults or overdue payments.

Indemnification

Except in cases of proven negligence or willful misconduct by Fenwood Creative, the Client agrees to indemnify and hold harmless Fenwood Creative Ltd., including its employees, subcontractors, and officers, from any claims, costs, or damages—legal or otherwise—arising from the Client’s use of the Work. This includes, but is not limited to, issues related to content accuracy, site safety, misuse of designs, or failure to secure proper permissions.

This clause remains in effect even after project completion or termination of this Agreement.

Disputes & Governing Law

Fenwood Creative and the Client agree to make every effort to resolve disputes in good faith through discussion. If a resolution cannot be reached, either party may suggest formal mediation. Each party will be responsible for their own legal costs and for splitting any mediation-related expenses equally.

In the event of legal action, the Agreement will be governed by the laws of the Province of Alberta, and all proceedings will take place in Edmonton, Alberta. Fenwood Creative is not liable for indirect, incidental, or consequential damages—including loss of profits—regardless of cause.

If it becomes necessary to pursue legal enforcement or collections, the Client agrees to cover any reasonable legal and collection-related fees incurred by Fenwood Creative.

Scheduling, Delays & Postponing Work

Project timelines are outlined in the proposal or Statement of Work (SOW). Fenwood Creative is not responsible for delays caused by late feedback, incomplete content, site inaccessibility, or other unforeseen conditions beyond our control. In such cases, we reserve the right to adjust the schedule and invoice for any work completed to date.

If a project is delayed due to missing input, approvals, or required materials from the Client, we may place the project on hold (“Postponed Work”) until the necessary information is received. During this time, we may invoice for work already completed, including planning, site visits, design, coordination, and subcontractor consultation. Projects placed on hold for more than 30 days may be subject to rescheduling fees or revised timelines.

Miscellaneous Provisions

Authority & Binding Agreement

No statement made by any representative of Fenwood Creative is considered binding unless explicitly included in this Agreement in writing. This Agreement is not considered active or binding until it has been signed by an authorized representative of Fenwood Creative Ltd.

Business Hours & Overtime

Our regular business hours are Monday to Friday, 8:00 AM to 4:30 PM (MT), excluding statutory holidays. If work is required outside these hours, overtime rates may apply and will be billed accordingly.

Site Visits & Mobilization

When on-site work such as surveys, inspections, delivery, or installation is involved, Fenwood Creative will coordinate dates in advance and make reasonable efforts to meet scheduled times. Clients are responsible for ensuring the site is ready, accessible, and free from obstacles. If the site is not prepared upon arrival, additional mobilization or cancellation fees may be charged.

Delays Beyond Control (Force Majeure)

Fenwood Creative is not liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to labour disputes, natural disasters, acts of war or terrorism, pandemics, government actions, or supply chain disruptions.

Colour Matching

To ensure colour accuracy, clients should provide Pantone (PMS) values when applicable. We strive for the closest possible match but cannot guarantee exact matches due to variations in screens, printers, and materials.

Special Materials & Fabrication

Natural materials (e.g., wood, stone, raw metal) may contain variations in texture, tone, and grain. These are not considered defects and may develop character over time. We are happy to consult on best practices for longevity and finish.

Severability

If any provision of this Agreement is found to be unenforceable, it shall be modified to reflect the original intent as closely as possible under applicable law. All remaining provisions will remain valid and enforceable.

Acceptance

By signing an estimate, proposal, or SOW referencing these Terms, or by instructing Fenwood Creative to proceed with work, the Client acknowledges and accepts the above terms.

This Agreement is a complete integration and final expression of the agreement between the parties, and may not be amended, supplemented, or otherwise modified except by written agreement executed by authorized representatives of each.

Fenwood Creative Ltd.
PO Box 88052

14135 – 23 Ave NW

Edmonton, Alberta
info@fenwoodcreative.ca
www.fenwoodcreative.ca