By entering into a working relationship with Phase Two Graphics, a division of Phase Two Media Inc. (PTM) or any of its other divisions, you agree to be bound by the terms and conditions stated below. PTM reserves the right to change or modify these terms of service at any time without notice.
The Big Picture
- All PTM projects will begin with a formal written estimate.
- All new accounts will require a deposit of 50% of the written estimate.
- All work orders and/or revisions must be submitted by the Client in writing prior to any of the work being performed.
- We accept a wide variety of payment methods. See Payment Methods below.
- Until receipt of final payment, all copyrights and trademarks to the project content and design will belong to PTM. Following receipt and processing of the final project payment, we will release full copyright and/or trademark to the Client.
- PTM reserves the right to display the project designs in our portfolio both during and following project development.
- Should the Client request it, we will work on a non-disclosure basis.
- We do not work on speculation under any circumstance.
PTM’s regular working hours are Monday through Friday from 9 a.m. to 5 p.m. Eastern Standard Time, excluding Ontario and Canadian holidays. We recognize that certain projects may be especially time-sensitive and we are open to discussing additional hours of work to be charged at rush or urgent rates.
PTM will make all reasonable efforts to provide the Client with draft concepts and revisions within the timeframe agreed upon prior to the start of the work. If PTM work volumes rise higher than expected at any point, we will schedule the Client’s design for the next available block of time and notify the Client in this regard as soon as possible.
The Client will be able to review the initial designs via email or on a private website in order to provide feedback. PTM will then analyze the feedback and make any requested revisions. Said revisions will be posted for Client review within the specified timeframe wherever possible.
Please note that PTM assumes no responsibility whatsoever for project delays resulting from Client delays in providing consultation, feedback, content or any other element required at any point in the process.
Revisions, additions and/or alterations may be discussed verbally but the Client must provide all requests for same to PTM in writing in each case before said work will be undertaken by PTM. A certain number of draft changes are generally, but not necessarily, included in the project quote and identified there. Any further drafts will be billed at the applicable hourly rate included in the project quote unless rush and/or urgent rates apply.
Upon receiving final Client approval and payment, PTM will supply the approved work to the Client.
We also offer a shipping option for any of our work and/or products at an additional cost.
Upon the acceptance of delivery, you agree that the package(s) have arrived without any visible shipping damage. If shipping damage is noted, sign for the delivery as damaged and contact PTM immediately. Failure to sign for the package(s) as damaged, refusal of the package, or neglecting to note after 2 business days any damage that may have occurred during the shipping process will be treated as a warranty claim and are subject to the terms and conditions of our warranty. The option to issue a return label/call tag is at the discretion of PTM for any warranty or claim situation and any product outside of 48 hours will not have the option for a return label/call tag.
Any errors occurred during the shipping/freight process that shipped under the PTM prepaid freight service will be guaranteed and covered should the shipper lose, damage or delay a product outside their guaranteed delivery time. PTM will process the claim information and replace the affected product. For orders shipped using a customers shipper number or a third party shipper number, the customer will be responsible for replacing the affected product at cost and following through with the claim through the shipping/freight company. PTM will begin the claim process and provide the customer with the claim information. Any further claim correspondence will be between the customer and the shipping/freight company.
PTM reserves the right to request documentation in the forms of photos, copies of packing slips and the like to ensure the issue is resolved promptly. “Standard questions” may also be asked in order to provide accurate and timely customer service. Failure to provide the necessary information requested by a PTM Representative may delay the claim process. An RMA/Case number may be issued depending on the warranty/claim. This number must be used in regards to all correspondence with the issue and adhered to any packaging sent to PTM for assessment. Failure to adhere RMA/Case information to a package will delay the claim/ warranty process.
Free shipping is included on any of our off-the-shelf items such as banner stands, backwalls, wall displays, counters, sign stands, poster and sign display accessories, cases, lighting and outdoor products such as flags, billboards, sidewalk signs, tents, banners, inflatables. Some exclusions may apply.Free shipping is only included on a maximum amount of 5 items. If your order consists of more items, please contact us for the additional shipping cost. Any item that requires installation such as vehicle graphics or certain types of signage are not included in our free shipping promotion.
PTM charges for its services by the hour in accordance with industry standards. We are open to discussing a set total project fee instead should the Client wish it. We do not work on speculation under any circumstance.
Quotes provided by PTM are strictly estimates unless fees are otherwise negotiated and noted in writing on the Client’s quote. A deposit of 50% of the quoted fee is required prior to start of the work.
Final invoices issued by PTM will reflect products or services offered for the project, which may differ from the quote in some instances. The final invoice will not exceed the quoted amount by more than a margin of 5% without prior notification and written authorization by the Client, provided no changes have been made by the Client over the course of the project that require additional products and/or services beyond that margin. Should the Client request such changes, PTM will notify the Client of the estimated margin overage at the time of request.
The final invoice will be issued once the project has been approved and delivered. The 13% HST tax will be added onto all payment totals.
PTM issues invoices in Canadian dollars. We accept deposit, interim and final payments in a variety of ways. These include: credit card (Visa and MasterCard only), company or certified cheque, Interac® e-transfer (via major Canadian banks only), bank transfer, wire transfer, bank draft and money order. The 13% HST tax will be added onto all payment totals.
If you wish to make your payment in another currency, you are welcome to pay by credit card, but your total will be automatically converted by our gateway to CAD during processing.
All invoices are payable upon receipt. Terms are net 30 days.
Inactive Accounts – 30 Days
If 30 days pass without the Client having initiated or participated in project work, the project will be suspended, provided the Client has responded to PTM status requests and pays all invoices issued for the work completed up to that point according to the invoice payment terms. The Client will be welcome to reopen the project at any time. Should the Client eventually decide to discontinue the project, all files, complete or otherwise, will be turned over to the Client, provided all remaining invoices for the project to date have been paid.
If 30 days pass without the Client having initiated or participated in project work, and the Client has not responded to PTM status requests, an invoice will be issued for any work not yet reimbursed. A late payment charge of 2% per month (26.82% per annum) will be applied to the account retroactive to the date of the invoice.
Inactive Accounts – 45 Days
If 45 days pass without activity or contact from the Client, the project will be considered to have been abandoned by the Client. The Client will forfeit all deposits with no recourse for reclamation. PTM will issue an invoice or invoices for any time worked over and above any fees already paid, plus expenses if any. Should the account not be settled within 30 days of the invoice date(s), PTM will send the account to a third-party collection agency.
PTM retains the right to repossess any and all materials created for the Client and to retain and/or recapture all copyrights, trademarks and ownership until the Client settles the account and the project can be terminated. Should the Client use the project work in any manner prior to and/or after that, PTM will take legal action.
Should the Client and PTM wish to renew the project following the termination, a new agreement, including new quote and deposit, will be required.
Inactive Accounts – 60 Days
If 60 days pass without payment and/or if the Client’s payment is charged back to PTM for any reason, we will issue one final warning. Should the account remain in arrears, PTM will take legal action.
PTM does not offer or provide refunds under any circumstance on custom approved projects.
Should you need to return a product due to order cancellation or any reason other than a warranty matter, PTM reserves the right to carry out a full inspection of the product before accepting the return. All returns of this nature must be noted to a PTM Representative 48 hours after receipt of the product and are susceptible to a 25% restocking fee/charge. PTM will not accept the return of a used or custom made product or graphic. Product should be returned in the manner in which it was received. Order cancellations must be confirmed and approved by an PTM Representative. The cancellation of a production order for which PTM has produced or ordered raw materials may result in PTM fully charging for materials and labor, or imposing a minimum cancellation fee of up to 50% of the purchase/ sale price.
PTM reserves the right to change prices or product designs as well as discontinue a product at any time without further notice. If a product is noted as defective that is a discontinued product; an exchange to an equivalent product will be offered or an upgrade to a premium product (at the discretion of PTM) will be available with the customer responsible for the difference in cost.
PTM guarantees their product under a series of warranties for manufacturing defects. Under the warranty policies, product believed to be a manufacturing defect will be repaired and/or replaced upon inspection of the issue. The customer is responsible for shipping the product to PTM for inspection. At the discretion of PTM, if the issue is deemed a manufacturing defect, the product will be repaired and/or replaced and returned to the customer at no cost standard ground shipping. Free replacement products cannot be sent until an assessment of the supposed defective product is made. At the discretion of PTM, if the received product is deemed not to be a manufacturing defect, the customer will be notified and the product may be repaired and/or replaced at the customers cost. Shipping charges will be the customers responsibility for any items needing expedited shipping. Issues that are not covered under the warranties include but are not limited to:
- Mistreatment of product
- Unauthorized alteration
- Natural disasters
- Failure to follow product instruction sheets & labelling
- Incorrect use
- Damages occurred while in transit
Copyrights, Trademarks and Ownership
The Client is solely responsible for ensuring that the Client’s product, company and/or service name are/is not already in use and for protecting the rights to any Client name, image or other content and/or material by securing a copyright, service mark or trademark. The Client guarantees that no content and/or material provided to PTM infringes on any copyright, service mark or trademark already established by another entity. PTM will do no research in this regard. The Client will hold harmless and protect PTM from any claim or suit arising from the use or suspected use of such content and/or material as provided by the Client.
PTM creates custom designs and content. We work carefully to ensure our creations for each Client are legally distinct. If we create work for a Client that accidentally infringes on any existing copyrighted, service-marked or trademarked work, PTM’s liability is limited to free revisions to the work or provision of a new creation according to the Client’s request. PTM and its employees and contractors will not be held responsible for any legal action that may result from unsuccessful due diligence on the availability of content and/or materials for use.
During the project all materials remain the property of PTM and are submitted to the Client for review and feedback only. Once the work is completed and approved and all project invoicing has been paid in full, with payment fully processed, the materials will become the Client’s property with unrestricted use except in the instance of stock photography. Stock photography is used under royalty-free licence of PTM, which means the Client has legal rights to use the photograph(s) only within the scope of the project and within the policies or limitations set by the stock image supplier; for example, a limit on the number of copies of the product in which the image was used. The copyright for each photo is retained by the photographer or licensing agency, unless the Client arranges otherwise through PTM. Exclusive, rights-managed stock photography is available at additional cost.
The Client grants PTM the right to display all draft materials in our promotional and advertising and marketing materials portfolio unless the Client specifically requests exclusion in writing. PTM retains the right to display the finished work in our portfolio unless the Client specifically requests exclusion in writing.
All PTM website contents are featured for information only.
All contents of the PTM website are the copyright of PTM, all rights reserved, unless otherwise specified and/or credited. The remaining works are copyrighted and/or trademarked by the respective owners (PTM Clients), and PTM’s copyright does not supersede those Clients’ own copyrights and/or trademarks, if any, for those contents.
All contents of the PTM website, regardless of copyright owner, may not be used, resold, copied or distributed in any manner whatsoever by any means whatsoever at any time whatsoever without the express written permission of PTM and, in the case of Client-owned copyrights, the respective Client(s). Any disregard of these conditions, including, but not limited to, acts of plagiarism, will be subject to immediate legal action by PTM.