Terms of Service
FUNCTIONALITY OR FEATURE REQUESTS
Above and beyond those listed in the estimate and/or the functionality specs, may be items considered out-of-scope and an amendment to the estimate will be required. Projects that are dormant for longer than 45 days will incur a fee to resume work at the discretion of Helium Ventures Inc.
Helium Ventures Inc. will invoice fifty percent (50%) of the fees upon approval of the provided estimate, which will act as the deposit. The remaining 50% will be billed monthly, based on the number of service hours provided each month, or when the project is launched.
HELIUM’S RESPONSIBILITY FOR RELEASES
We will obtain any necessary releases, licenses, permits or other authorizations to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties in performing our services for you.
CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all text, images or other artwork you provide to us are either owned by you, or you have permission to use them.
CLIENT RESPONSIBILITY FOR ACCURACY
You are responsible for the accuracy, completeness, and propriety of information concerning your products and services that you furnish to us verbally or in writing in connection with the performance of this agreement.
Helium Ventures Inc. is responsible, both during and after the term of this contract agreement, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Helium Ventures Inc. on your behalf or disclosed by you to Helium Ventures Inc..
TRANSFER OF MATERIALS
Upon termination of this agreement, provided that there is no outstanding indebtedness then owing by you to Helium Ventures Inc., Helium Ventures Inc. will transfer, assign and make available to you all property and materials in the possession or control of Helium Ventures Inc.
When your final payment has been received, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you both the source and finished files, and you should keep them somewhere safe as we’re not required to keep a copy. You own all text, images, other artwork and data that you provided unless someone else owns them. We’ll own the unique combination of these elements that constitute a complete design and we’ll license that to you exclusively, royalty-free and in perpetuity, but only for the uses agreed to in this contract agreement unless we agree otherwise in writing.
LIMITATION OF LIABILITY
For claims of any kind relating to our work under this contract agreement, we aren’t liable for any losses that total more than the payments you actually made to us under this contract agreement. In any event, for any claims relating to our work under this contract agreement, we aren’t liable for damages, indirect loss or lost sales or profit, or other incidental, consequential or special damages, and we aren’t liable to do more than to use commercially reasonable efforts to carry out our obligations.
CANCELLATION OF PLANS
You have the right to modify, reject, cancel or stop any and all plans or work in process upon 14 days with written notice. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and any non-cancelable commitments. We agree to use our best efforts to minimize such costs and expenses.