Copyrights & Permissions
Saucy Piaffe Inc. respects the intellectual property rights of others. We ask our customers to do the same. While we cannot stop you from requesting custom products with copyrighted material, we ask that you have permission to use text and logos that you would like engraved. Upon accepting the Terms and Conditions of Saucy Piaffe Inc., the customer assumes all responsibility for any copyrighted material used. Saucy Piaffe Inc. assumes no responsibility for designs supplied by the client.
All custom order designs may, at some time, be photographed and posted online on the Saucy Piaffe Inc. Facebook page or affiliate websites.
Once the final design has been approved, it cannot be changed. All spelling, punctuation, wording, colors, images etc. must be checked in all emails and order forms by the customer before approving. After this point, anything incorrect is the responsibility of the customer.
We produce custom products. This means that there may be slight variations in the color or texture.
The engraving process used for our metal products is intended to create a rustic appearance – variations in the depth and color of mechanically engraved products should be expected – this is a normal result.
If an order is placed online and there is no response to the proofs sent within 72 hours we will assume that the selections indicated in the order form are final and the order will be produced and shipped. Oversights in the order form (spelling, logo selection, address) will not qualify the customer for a refund.
Saucy Piaffe Inc. shall not be liable for consequential damages of any nature with respect to any product or service rendered, delivered or sold.
As soon as you place your order you will receive an order confirmation e-mail. This means that we have received your order in our system and payment has been received. If for some reason an item is out of stock, we will contact you within 24 hours and provide you with the option of either a refund or advise on increased turn-around time, at which point you may choose to either proceed with the order or cancel it.
Time to Receipt
Within North America, turn-around time is 7-10 business days from which time the order is approved. We usually have orders to clients sooner than 10 business days but we cannot guarantee this. Outside of Canada, turn-around time is anywhere between 8-15 business days. If you require faster shipping, please contact us and we can make arrangements.
Once your order has been received and proofs have been approved, items typically take, on average, 12 business days to arrive within North America, unless you have opted to pay for expedited shipping or are located in a rural area that is not within the regular shipping area. We do not track items sent to the United States unless specially requested. We use Canada Post as our main method of shipping unless an alternate arrangement has been made. Items within Canada will be sent with a tracking number. Tracking numbers will be provided to clients within 72 hours of the items leaving our facility.
Damages & Loss
Saucy Piaffe Inc. is not responsible for items that are damaged or lost in transit. Although we do our very best to ensure items are packaged and addressed appropriately, we cannot guarantee that the carrier will not incur damage or lose items. This happens very rarely, but it can happen. If you received a damaged item or an item does not arrive, please contact us within 10 business days from anticipated receipt of your item. You are responsible for entering the correct address in the payment gateway. We may collect your shipping address over the phone to estimate cost of shipping but it is the shipping address that is entered via PayPal or our payment gateway that is used for delivery. We are not responsible for covering the cost of items due to oversights or misspelled addresses. Please ensure that your address is complete.
Cancellations & Refunds
We do not accept order cancellations or refunds on custom products. Once your order has been processed, you can assume your items has been sent to production. Since items are permanently marked, we cannot accept returns on any custom items.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form or subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, their name, email address, mailing address, and phone number.
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Saucy Piaffe Inc. collects and uses Users personal information for the following purposes:
To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Payments are to be made before production of all custom products.
In the case of logo design and other graphic design projects, full payment will be required prior to initiation of work.
For websites, deposit will be negotiated.
You may pay for your orders with major credit cards issued in either the USA or Canada. Currently, we accept Visa® and, MasterCard®.
At checkout, please carefully provide your exact name, billing address and telephone number that is on your credit card statement. Any incorrect information can cause a delay in processing your order. We also may need to verify the billing address and credit card owner for orders that have a delivery address that is different from its billing address and for large orders.
PayPal allows consumers with an email address to securely, conveniently and cost-effectively send and receive payments online using your existing financial bank accounts and credit cards to make real-time payments. PayPal is an efficient way to send a payment for items purchased on the internet and is much less time-consuming than writing and mailing paper checks. And unlike checks, which can take days to clear, most PayPal transactions clear instantly. It’s always free to send money, you receive your items faster, and it’s secure and private.
Promotional Codes used on Saucy Piaffe Inc. are debited at the time an order is placed. Digital Coupons will automatically be redeemed to your purchase total, up to the total purchase amount. Codes are subject to change at anytime at our discretion and are not indefinitely applicable; i.e., a code may work for two days for promotion and then will no longer be valid. Stay in touch on facebook for details on various promotions.
Credit Card Security
The saucypiaffe.com Security Guarantee protects you while you shop at the saucypiaffe.com online store, so you never have to worry about credit card safety or the vulnerability of personal information. We guarantee that every transaction you make at the saucypiaffe.com will be safe. This means you pay nothing if unauthorized charges are made to your credit card as a result of shopping at the saucypiaffe.com. Our servers use a Secure Socket Layer (SSL), an encryption technology that works with Google Chrome, Microsoft Internet Explorer, AOL and Safari. This ensures that only saucypiaffe.com can read your personal information.
Ultimately, your personal information is protected by the password you created when you registered for an account at saucypiaffe.com on the “Log-In/Checkout” page. Please keep this password confidential. No representative of saucypiaffe.com will ever ask you for your password. The confidentiality of your password is yours to protect. We cannot be held responsible if your password is compromised. Please do not share your personal information with anyone.
We will always do our best to fulfill your needs and meet your expectations, but it is important to have things written down. In all of our web and design contracts you won’t find any complicated legal terms or long passages of unreadable text. We have no intention of tricking you into signing something that you might later regret. What aim to produce contracts that are in the best interest of all parties involved.
What will we expect you to agree to in our contracts?
You: You have the authority to enter into a contract on behalf of yourself, your company or your organization. When embarking on a web project, it will be expected that you give our team everything we need to complete the project in the format we need it. You will review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you will also be bound by dates we set together. We also expect that payment schedules are adhered to in the contracts set forth.
Us: We have the experience and ability to do everything we have agreed with you and we will do it all in a professional and timely manner. We will endeavour to meet every deadline that is set and on top of that we will maintain the confidentiality of everything you give us.
For web design and development, we create “look-and-feel designs” and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use HTML, CSS, PHP and other codes so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a “look-and-feel direction” (colour, texture and typography.) We call that a “design atmosphere”. We specialize in building WordPress websites, you can expect that initial concept will be rendered on our temporary server – online and ready for you to provide feedback. We believe in using WordPress themes to ensure your website is safe, stable and easy for you to update. Read here on our philosophy.
You will have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we have produced until that point and cancel the contract.
We are not responsible for writing your text copy. If you would like us to write content for your new website, we can provide a separate estimate for that unless we agree at the beginning of our contract.
Photographs & Illustrations
It is required that clients supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you would like us to search for photographs for you, we can provide a separate estimate for that.
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 (Internet Explorer), Mozilla Firefox and Opera. We will also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We will implement a single column design for Internet Explorer 7 and below for Windows and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-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 work in:
iOS: Safari, Google Chrome and Opera Mini
Android 4.1: Google Chrome, Firefox and Opera Mini
Android 3.2: Browser, Firefox and Opera Mini
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We offer basic support for website hosting on a monthly basis when you host your website with Saucy Piaffe. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. The updates and management of your server will be up to you unless you opt for one of our monthly maintenance packages. Web work and updates will be billed out at $60 per hour. Occasional phone calls for technical support will be honoured free of charge as long as clients do not take advantage; taking advantage refers to multiple phone calls after hours with high expectations of immediate issue resolution. If this occurs, we can provide you with an estimate for the time required to address your specific issue.
Changes & Revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We do not want to limit your ability to change your mind. The price at the beginning of our contracts are based on the length of time we estimate we will need to accomplish everything you have told us you want to achieve upon signing, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we can provide a separate estimates for additional work.
We cannot guarantee that our work will be error-free and so we cannot 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 have advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
When you enter into a website contract with Saucy Piaffe, you guarantee that all elements of text, images or other artwork you provide are either owned by you or that you have permission to use them.
When your final payment has cleared, copyright will be automatically assigned as follows:
You will own the visual elements that we create for this project. We will give you source files and finished files and you should keep them somewhere safe as we are not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We will own the unique combination of these elements that constitutes a complete design and we will license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books. We also reserve the right to showcase our work on facebook or any other social media platform, so long as it is in a tasteful, respectful and supportive manner (this benefits us all). If you are not comfortable with this, we ask that you advise us upon signing your contract.
Upon completion of your project, we will supply you with the following passwords: email (if applicable), FTP (File Transfer Protocol – if we are hosting your site), WordPress admin log-in. You are responsible for keeping these passwords in a safe and secure location. Once we send you your information, you can change your passwords and usernames at any time; however, if you require that we make updates to your website, the new usernames and passwords must be resent so we can have access. We are not responsible for recovering your lost passwords, nor are we responsible for any damage that may be caused if you opt to change your password to something generic. This is what causes websites to be hacked.
Please ensure your passwords are complex enough to remain safe, as websites and personal information can be hacked if password strength is not sufficient. All of our websites come with a password strength indicator. Only select passwords that show as “strong”.
Recovery of your password is subject to a $25 fee. Please keep all of your information safe and easily accessible.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we are also sure you will want to stay friends; you agree to stick tight to the payment schedule.
But where’s all the horrible small print?
Just like a parking ticket, you cannot transfer any of our contracts to anyone else without our permission. Every contract stays in place and need not be renewed. If for some reason one part of a contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and any contract is a legal document under exclusive jurisdiction of [Canadian and American] courts.
We aim to keep all of our clients happy and provide exceptional service at a reasonable cost. Should, at any time, either party becomes dissatisfied with the circumstances, we will honour a “kill clause”. Either party may terminate the contract at any time through written request. The client shall upon termination pay Saucy Piaffe Inc. all unpaid amounts due for services completed prior to notice of termination. Notice of termination is required with reasonable notice. Reasonable notice is defined as 10 business days, at which point we will ensure all work is sent to the client once all unpaid amounts have been remitted so that the client may proceed with an alternative avenue.
Uploading Logos to Our Website
If you are uploading a logo to our website for use on one of our custom products, there is a one time $3.00CAD fee. Once we have your logo on file, we can use it again for any other projects that you require (more stall plates, additional brushes, etc.). Your uploaded logo must be high-resolution. It is preferable that the logo be in either .ai or .eps format. We cannot guarantee that your logo will be workable; we will be in touch once the order is received to let you know. If the logo is not usable, you can choose to have it rendered into a high-resolution file for an additional cost (minus the initial $3.00 fee). If you choose not to use the logo, you will either be refunded the $3.00 fee or we can credit your account $5.00.
Cost of logo design is depends on your chosen level of service. A 50% deposit is required upon acceptance of our terms. You, the client, will be sent a logo questionnaire that assists our team in identifying your design requirements. It is paramount that you complete the questionnaire in a thorough and complete manner. This questionnaire is designed to assist us in providing the best customer service experience possible. Questionnaires returned with inadequate information will not be accepted and we will request further information. Upon adequate completion of this questionnaire, we will initiate work. Saucy Piaffe Inc. will provide 3 unique designs with 2 rounds of revisions to the selected design that is based on the logo questionnaire or independently supplied creative brief. Your logo package will include: High Resolution final .ai, .jpg, .eps, .pdf, .jpg in black and white and color files emailed at time of final payment. Balance is due upon acceptance of the design. As long as all changes are made within 2 rounds of revisions we will keep the initial design quote. If design project begins to pass the initial amount, we will let you know immediately so that we can decide the best way to move forward. We believe in complete transparency and will not lead you down the path of additional cost without full disclosure of additional cost.
All logos are to remain the property of Saucy Piaffe Inc. until PAID IN FULL. Yes, we have had some clients steal designs after only paying the deposit. It is for this reason that we now watermark ALL our designs in the proofing process. Please stay honest and respect our work. Upon payment, you will receive your logo in a Saucy little .zip file and it is yours to use as you see fit as your property. You may trademark this logo. Cost of design does not include trademarking.
All invoices are payable within 14 business days of receipt. A $10 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
2. Default in payment
The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $60 per hour and the designer shall keep the client apprised of a tally of hours within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer, will alter the time and cost. The Client shall offer the Designer the first opportunity to make any changes.
The Client shall reimburse the Designer for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project. Items will be discussed prior to initiation of project.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $25.00 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
The Designer retains ownership of all original preliminary artwork that is not the final design chosen by the client.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
10. Code of fair practice
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
11. Limitation of liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
12. Dispute Resolution
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the Canadian Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence. This contract is held accountable to the legal system of Ontario and any applicable statutes held therein.
13. Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.