Terms and Conditions for OTOTOI DESIGN LAB | MONO Services

These terms and conditions (the “Terms and Conditions”) govern the use of www.ototoi.ca (the “Site”). This Site is owned and operated by Ototoi Design Lab. This Site is an e-commerce website.

Acceptance of Terms

By accessing and using the services provided by OTOTOI DESIGN LAB, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. If you do not agree with any part of these terms, please refrain from using our services.

Intellectual Property

All content published and made available on our Site (including MONO SHOP) is the property of OTOTOI DESIGN LAB and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

All intellectual property rights associated with the services, including but not limited to designs, graphics, and content, remain the property of OTOTOI DESIGN LAB unless otherwise agreed upon in writing.

Clients are granted a non-exclusive, non-transferable license for the use of the deliverables for their intended purpose.

Services Offered

OTOTOI DESIGN LAB provides graphic design, custom design, public relations, marketing, illustration, and retail (MONO) services. All services are subject to the terms and conditions outlined herein.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third-Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Ordering and Payment

Clients may place orders for services through our website or by contacting our designated representative.

Payment details, including pricing and accepted payment methods, are specified on our website.

Services will be initiated upon receipt of payment.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

Client Responsibilities

Clients are responsible for providing accurate and complete information necessary for the delivery of services.

Clients must adhere to deadlines and respond promptly to communication from OTOTOI DESIGN LAB.

Confidentiality

Both parties agree to keep confidential any proprietary or confidential information obtained during the service engagement.

Revisions and Refunds

Revisions to deliverables are subject to the terms outlined in individual service agreements.

Refunds may be considered by our Refund Policy.

1.  Refunds

A) Refunds for Goods from MONO SHOP

Refund requests must be made within 30 days after receipt of your goods.

Refunds do not apply to the following goods:

• Final Sale Items
• Used Items
• Items Without Receipt

B) Refunds for Services

We provide refunds for services sold on our Site as follows:

Refund Policy for Graphic Design and Public Relations/Marketing Services

1. Overview:

We at OTOTOI DESIGN LAB are committed to providing high-quality Graphic Design/Illustration/Web Design and Public Relations/Marketing services to our clients. However, we understand that circumstances may arise where a refund is requested. This policy outlines the conditions under which refunds will be considered.

2. Graphic Design/Illustration/Web Design Services:

Refund Eligibility: Refunds for Graphic Design services will be considered on a case-by-case basis. To be eligible for a refund, clients must demonstrate that the delivered elements significantly deviate from the agreed-upon specifications or that the service was not provided as outlined in the initial agreement.

Refund Request: Clients must submit a refund request in writing within 7 days of the project completion date. The request should include detailed explanations and evidence supporting the refund claim.

3. Public Relations/Marketing Services:

Refund Eligibility: Refunds for Public Relations and Marketing services will be considered if there is a failure to fulfill agreed-upon PR deliverables or if the provided services do not meet industry standards. Refunds will not be granted for results that are subjective or influenced by external factors beyond our control.

Refund Request: Clients must submit a refund request in writing within 7 days of the PR campaign or Marketing project completion date. The request should include detailed explanations and evidence supporting the refund claim.

4. Evaluation Process:

Client Cooperation: Clients must cooperate with an evaluation process, providing any requested information or clarification during the refund investigation.

Fair Assessment: Refund requests will be evaluated objectively, taking into consideration the original project scope, communication, and any deviations from the agreed-upon terms.

5. Refund Resolution:

Full Refund: If it is determined that the services did not meet the agreed-upon standards or specifications, a full refund may be granted.

Partial Refund: In cases of partial dissatisfaction or deviations, a partial refund may be offered.

6. Non Refundable Services/Deliverables

Consultation Fees: Consultation fees and any third-party expenses incurred on behalf of the client are non-refundable.

7. Contact Information:

Clients can submit refund requests or seek clarification by contacting OTOTOI DESIGN LAB at

www.ototoi.ca

8. Policy Updates:

This refund policy is subject to change, and any updates will be communicated to clients through our official communication channels.

By engaging our services, clients agree to abide by the Terms and Conditions outlined in this policy.

Returns

Returns can be made in person by contacting OTOTOI DESIGN LAB for directions in/or near Coquitlam, B.C.

Returns can be made by mail, following the following procedure:

Request a return label, pack your goods and attach the return label that will be provided. Go to your nearest post office and pay the necessary postage.

Termination of Services

OTOTOI DESIGN LAB reserves the right to terminate services if clients breach these terms or engage in unlawful activities.

Clients may terminate services as per the terms specified in individual service agreements.

Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Limitation of Liability

OTOTOI DESIGN LAB and our directors, officers, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, indirect, incidental, or consequential damages, liabilities and expenses including legal fees arising from the use of our services.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless OTOTOI DESIGN LAB and our directors, officers, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising from your use of our Site or your violation of these Terms and Conditions.

Governing Law

These terms and conditions are governed by and construed by the laws of the province of British Columbia, Canada. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of British Columbia.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and OTOTOI DESIGN LAB are unable to resolve any dispute through informal discussion, then you and OTOTOI DESIGN LAB agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and OTOTOI DESIGN LAB. The costs of any mediation or arbitration will be shared equally between you and OTOTOI DESIGN LAB.

Notwithstanding any provision in these Terms and Conditions, you and OTOTOI DESIGN LAB agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Changes to Terms

OTOTOI DESIGN LAB reserves the right to update these terms and conditions at any time. Clients are responsible for reviewing the terms periodically.

By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.

Last Updated: February 09, 2024.