Effective Date: October 12, 2026
These Terms & Conditions (“Terms”) govern your use of the BLACKMARK website and provide general information concerning our creative and digital services.
Project-specific services are also governed by the applicable quotation, proposal, invoice, contract, statement of work, and other written agreements provided in connection with the project.
Where a project-specific agreement conflicts with these general website Terms, the project-specific agreement will govern to the extent of that conflict, subject to applicable law.
BLACKMARK (“BLACKMARK,” “we,” “us,” or “our”) is a Canadian creative studio providing professional design and digital services, including:
We operate from Ontario, Canada, and provide services to businesses, entrepreneurs, and organizations.
The information provided on this website is intended for general informational and promotional purposes.
We make reasonable efforts to ensure that information about our services, capabilities, pricing, and availability is accurate and current. However, such information may change without prior notice.
Website content, portfolio examples, and general service descriptions do not constitute a binding quotation, guarantee, or contractual commitment unless expressly incorporated into a written agreement.
Visitors agree not to misuse our website, interfere with its operation, attempt unauthorized access, or use its content in violation of applicable law.
BLACKMARK may provide consultations, project discussions, quotations, and proposals based on information supplied by prospective clients.
Preliminary pricing and project timelines are estimates unless expressly confirmed in writing.
Final project scope, deliverables, revisions, pricing, applicable taxes, payment requirements, and timelines will be outlined in the relevant proposal, invoice, contract, or statement of work.
Any services or deliverables not expressly included in the agreed scope may require additional fees.
Clients are responsible for providing accurate, complete, and timely information necessary for the successful completion of their projects.
This may include business information, brand assets, written content, photographs, design preferences, website access, approvals, and other requested materials.
Clients are responsible for ensuring that materials they provide are accurate and that they possess the necessary rights, permissions, and authorizations for their intended use.
Delays in providing required information, feedback, or approvals may affect project schedules.
Changes to the agreed scope, including additional pages, design concepts, features, revisions, or deliverables, may require a revised quotation and additional payment.
Design projects may include a specified number of initial concepts and revision rounds, as outlined in the applicable project agreement.
Unless otherwise agreed in writing, unlimited revisions are not included.
Requests that materially change an approved creative direction, introduce new requirements, or exceed the agreed revision allowance may be treated as additional work.
Clients are responsible for carefully reviewing and approving designs, written content, spelling, contact information, dimensions, colours, and other project details before final production or publication.
Once a design has been approved for printing, publication, or final delivery, additional changes may incur charges.
Approval does not waive rights or remedies that cannot legally be waived.
Unless otherwise stated, all prices are expressed in Canadian dollars, and applicable taxes are additional.
Deposit amounts, payment schedules, and outstanding balance requirements will be specified in the applicable quotation, invoice, or agreement.
A deposit or initial payment may be required before work begins.
BLACKMARK may pause work or withhold final deliverables where payments are overdue, subject to the applicable agreement and law.
Additional services, revisions, third-party expenses, printing charges, and other approved costs may be invoiced separately.
Estimated project timelines depend on the scope of work, complexity, client responsiveness, required approvals, and third-party services.
Unless expressly guaranteed in a written agreement, completion dates are estimates.
BLACKMARK will make reasonable efforts to communicate material delays and deliver work within agreed timeframes.
Client-requested changes, delayed feedback, unavailable materials, and third-party service interruptions may affect delivery schedules.
Nothing in these Terms limits rights or remedies available under applicable law.
Logo and brand identity projects may include concepts, colour palettes, typography recommendations, brand guidelines, and final design files, depending on the agreed scope.
Final deliverables and file formats will be identified in the applicable agreement.
Preliminary concepts, unused designs, drafts, working files, and alternative creative directions remain the property of BLACKMARK unless expressly transferred in writing.
Clients are responsible for conducting any necessary trademark searches, registration applications, and legal clearance procedures before adopting a brand name, logo, slogan, or other identifying element.
BLACKMARK does not guarantee that a proposed name or design is available for trademark registration or that it will be free from potential third-party intellectual property claims.
Website and landing page projects may involve design, development, configuration, responsive layouts, forms, integrations, and related digital services.
The specific features, pages, integrations, and deliverables included will be defined in the applicable agreement.
Unless expressly included, the following may require separate arrangements or fees:
Clients are responsible for maintaining necessary third-party subscriptions and accounts following project completion unless otherwise agreed.
BLACKMARK does not guarantee specific search engine rankings, website traffic, leads, sales, or conversion rates.
BLACKMARK makes reasonable efforts to test websites and landing pages before delivery or launch, according to the agreed scope.
However, websites may behave differently across browsers, devices, operating systems, and third-party platforms.
Changes introduced by hosting providers, website platforms, browsers, plugins, APIs, or other external services may affect functionality after delivery.
Unless an ongoing maintenance or support agreement is in place, post-launch changes, updates, troubleshooting, and additional development may be subject to separate fees.
Clients remain responsible for maintaining their own website content, privacy notices, cookie consent practices, accessibility obligations, and other applicable legal requirements unless specific responsibilities have been expressly assigned to BLACKMARK in writing.
Printed products may include business cards, stationery, promotional materials, and other custom-designed items.
Clients are responsible for reviewing and approving final artwork, including spelling, contact details, dimensions, layout, and other specifications before printing.
Printed colours and finishes may vary from digital previews due to differences in screen displays, printing equipment, paper stocks, inks, coatings, and manufacturing processes.
Reasonable production tolerances and variations may occur.
Once an approved custom print order has entered production, changes or cancellations may not be possible.
Defective, damaged, or incorrectly produced materials will be addressed according to the circumstances, applicable agreements, supplier requirements, and applicable law.
Unless otherwise agreed in writing, BLACKMARK retains ownership of its preliminary concepts, unused designs, working files, proprietary processes, templates, and other materials not expressly transferred to the client.
Upon receipt of full payment, the client will receive the rights to final approved deliverables expressly specified in the applicable agreement.
Any assignment of copyright or exclusive ownership rights must be documented in writing and comply with applicable law.
Third-party materials, including fonts, stock images, software, plugins, templates, and licensed assets, remain subject to their respective licensing terms.
Clients retain ownership of their pre-existing materials and intellectual property supplied to BLACKMARK.
Nothing in these Terms transfers ownership of intellectual property beyond what is expressly agreed.
BLACKMARK may display completed projects, including logos, brand identities, business cards, websites, and other creative work, in its portfolio, website, social media, and promotional materials where permitted by the applicable agreement and law.
We will respect applicable confidentiality obligations and obtain appropriate authorization before disclosing confidential information or personal information not intended for publication.
Any project-specific restrictions on portfolio usage should be documented in writing.
BLACKMARK recognizes that clients may provide confidential business information, unpublished designs, financial information, account access details, and other sensitive materials during a project.
We will take reasonable steps to protect confidential information and use it for purposes reasonably connected to providing the agreed services.
Confidentiality obligations may be further defined in a separate agreement.
This section does not restrict disclosures required by applicable law.
Cancellation and refund conditions will depend on the applicable project agreement, the work already performed, committed third-party expenses, and applicable law.
Because creative services involve customized work, amounts attributable to completed work and non-recoverable expenses may be payable following cancellation, subject to applicable law.
Deposits are not automatically non-refundable unless the applicable agreement lawfully provides for that treatment.
Where a project is terminated, the parties' rights concerning completed work, outstanding payments, deliverables, and intellectual property will be determined by the applicable agreement and law.
Nothing in these Terms limits any cancellation, refund, or other right that cannot legally be waived.
Our services may involve third-party platforms, including website builders, hosting providers, domain registrars, design software, payment processors, printing vendors, and other technology providers.
These services may have independent terms, fees, licence restrictions, and operational requirements.
BLACKMARK is not responsible for interruptions, policy changes, price increases, or service discontinuations caused solely by independent third-party providers, except to the extent responsibility arises under an applicable agreement or law.
Unless otherwise indicated, the BLACKMARK name, branding, website design, original text, graphics, portfolio presentations, and other original content are owned by or licensed to BLACKMARK.
Website content may not be reproduced, redistributed, modified, or commercially exploited without appropriate authorization, except as permitted by law.
Third-party trademarks, logos, and materials displayed in portfolio examples remain the property of their respective owners.
To the extent permitted by applicable law, BLACKMARK will not be liable for indirect, incidental, special, or consequential losses arising solely from the use of this website.
Liability associated with client projects, professional services, or deliverables will be governed by the applicable project agreement and applicable law.
Nothing in these Terms excludes or limits liability, warranties, statutory rights, or remedies where doing so would be prohibited by law.
Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy.
Please review our Privacy Policy for information concerning website analytics, cookies, client information, third-party service providers, and privacy rights.
BLACKMARK may update these Terms periodically to reflect changes to our services, business practices, website operations, or legal requirements.
The effective date at the top of this page indicates the most recent revision.
Changes to these website Terms do not retroactively modify existing client agreements unless agreed or otherwise permitted by applicable law.
These Terms are governed by the applicable laws of the Province of Ontario and the federal laws of Canada applicable therein.
Nothing in these Terms limits any statutory rights or remedies that cannot lawfully be excluded or restricted.
For questions regarding these Terms & Conditions, please contact:
BLACKMARK
Ontario, Canada
Email: hello@blackmark.ca
Website: https://blackmark.ca/