Terms of Service
Last updated: 2026-05-05
Scope of Service
Dual Elixir Design provides defined-scope web design, web development, and related digital services. The specific deliverables, page count, features, and technical integrations for each project are defined in a written Scope Document issued after the initial scope call.
Work begins only after the Scope Document is signed by both parties and the deposit payment is received. Changes to the agreed scope during the project require a written scope amendment and may affect the price and timeline.
Payment Terms
All projects require a 50% deposit due at Scope Document sign-off before any work begins. The remaining 50% is due at launch — defined as the point when the completed site is handed off to the client and/or made publicly accessible.
All prices are quoted in Canadian dollars (CAD) unless explicitly stated otherwise. Invoices are issued via email and are due within 7 days of issue.
If a client cancels after work has begun, the deposit is non-refundable. If Dual Elixir Design cancels the engagement for reasons not attributable to the client, the deposit will be refunded in full.
Intellectual Property and Ownership
Upon receipt of full and final payment, the client owns all custom work delivered for the project. This includes:
- All custom code written for the project
- All custom design assets (layouts, illustrations, graphics) created for the project
- All content written by Dual Elixir Design on behalf of the client
Pre-existing frameworks, libraries, and third-party tools used in the build (e.g., Next.js, Tailwind CSS, Framer Motion) remain subject to their respective open-source licences. Dual Elixir Design retains no ongoing rights to the delivered work after full payment.
The client grants Dual Elixir Design a limited, revocable licence to display the completed project as a portfolio reference (e.g., on this website or in case studies) unless otherwise requested in writing before sign-off.
Revisions and Change Requests
Each pricing tier includes a defined number of revision rounds during the design and development phase, as specified in the Scope Document. Revision rounds are structured feedback sessions — not open-ended change requests.
Changes that fall outside the agreed scope (new pages, additional features, copy rewrites, design overhauls) will be quoted separately at a flat rate and require written approval before work proceeds.
90-Day Bug Fix Warranty
Dual Elixir Design provides a 90-day bug fix warranty on all delivered projects, starting from the launch date. During this period, any bug directly attributable to our implementation — broken layout, failed form delivery, broken internal link, rendering issue — will be fixed at no charge.
The following are not covered under the bug fix warranty:
- Content changes or additions requested by the client
- New features or integrations outside the original scope
- Third-party service failures (hosting, DNS, email providers, booking systems)
- Issues caused by client modifications to the codebase after handoff
- Browser or OS changes introduced after launch date
After the 90-day window, ongoing support is available at a flat-rate add-on, quoted before work starts.
Cancellation and Termination
Either party may terminate the engagement by written notice. The following applies on termination:
- The client is responsible for payment of all work completed up to the date of termination
- If the client terminates after the deposit phase, the deposit is forfeited
- Dual Elixir Design will deliver all completed work assets to the client within 7 business days of termination
- Work that is not yet completed at termination is not owed to the client unless paid for
Limitation of Liability
Our total liability for any claim arising from services provided under these terms is limited to the amount paid by the client for the specific project giving rise to the claim. Dual Elixir Design is not liable for indirect, incidental, special, or consequential damages, including loss of revenue, business interruption, or loss of data, even if advised of the possibility of such damages.
Confidentiality
Both parties agree to treat as confidential any non-public information shared in the course of the engagement, including but not limited to: business strategy, client data, financial information, unreleased products or services, and any materials shared under an expectation of privacy.
Neither party will disclose confidential information to third parties without written consent, except as required by law or as necessary to engage subprocessors required to deliver the agreed services. Subprocessors are bound by equivalent confidentiality obligations.
If your project requires a formal NDA, we are happy to execute one prior to beginning work.
Governing Law
These terms are governed by the laws of the Province of Ontario and the applicable laws of Canada. Any disputes shall be resolved in the courts of Ontario. The parties agree to attempt good-faith resolution before initiating formal proceedings.
Contact
Questions about these terms? Contact us at dualelixirdesign@gmail.com or by phone at +1 (416) 346-5858. Dual Elixir Design, Toronto, Ontario, Canada.
These terms apply to all projects and engagements with Dual Elixir Design. They supersede any prior versions. By signing a Scope Document or making a deposit payment, you agree to these terms.
