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Privacy & Legal Terms




Effective Date: January 1, 2024

Welcome to SparkArt Design! These Terms of Service (“Terms”) outline the rules and regulations for using our website and services. By accessing or using our website (sparkartdesign.com) and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Overview of Services

SparkArt Design (“we,” “our,” or “us”) provides a range of digital design and branding services, including but not limited to:

  • Custom logo and branding design
  • Website design and development
  • Brand photos and visual content
  • Custom digital art and imagery

All services are subject to the terms, conditions, and policies set forth here.

2. User Responsibilities

By using our services, you agree to:

  • Provide Accurate Information: You will provide truthful, current, and complete information in all interactions with SparkArt Design.
  • Use Our Services Legally: You will not use our website or services for any unlawful or prohibited activities.
  • Respect Intellectual Property Rights: You will not misuse our designs, content, or branding assets without permission.

3. Orders, Payment, and Pricing

a. Pricing

All prices for services are clearly listed or will be provided in your custom quote. Prices may be subject to change, but we will always inform you of any changes before proceeding with a project.

b. Payment Terms

Payment terms will be discussed and agreed upon before the start of any project. For larger projects, SparkArt Design may require a deposit upfront, with the balance due upon completion.

c. Accepted Payment Methods

We accept payments via major credit cards, PayPal, and bank transfers. Currency for all transactions is CAD unless otherwise specified.

d. Late Payments and Fees

In the event of delayed payment, SparkArt Design reserves the right to charge interest or late fees and suspend work until the balance is settled.

4. Project Timelines and Revisions

a. Project Timelines

Timelines for project completion will be discussed at the start of the project. While we strive to meet agreed timelines, delays may occur due to unforeseen circumstances.

b. Revisions

Each service includes a specific number of revisions, as outlined in your project agreement. Additional revisions may incur extra fees.

c. Final Approval

Once a project is completed and approved, further changes will be considered a new project and will be billed accordingly.

5. Intellectual Property Rights

a. Ownership of Designs

SparkArt Design retains ownership of all design concepts and materials created during the project unless otherwise agreed. Upon full payment, clients are granted a non-exclusive, limited-use license to use the final design for their specified purposes.

b. Usage Rights for Clients

Clients may use the final, approved design files as outlined in their project agreement. Redistribution, reselling, or modification of the design by third parties is prohibited unless expressly permitted in writing by SparkArt Design.

c. Protection of Intellectual Property

Clients may not reproduce, distribute, or otherwise use SparkArt Design’s designs, logos, or content outside of the scope specified in the agreement.

6. Cancellations and Refunds

a. Cancellations

If you wish to cancel a project, please notify us immediately. Refunds may be issued on a case-by-case basis, depending on the stage of the project. Deposits for partially completed projects are generally non-refundable.

b. Refunds

Due to the custom nature of our services, refunds are only available in certain circumstances and at our discretion. If a project has been substantially completed or delivered, no refund will be provided.

7. Limitation of Liability

SparkArt Design is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use of (or inability to use) our services
  • Unauthorized access to or alteration of your data
  • Any third-party conduct, including service interruptions or viruses affecting our website

Our liability to you will not exceed the total amount paid for services.

8. Legal or Geographic Restrictions

SparkArt Design offers digital services only. Certain geographic restrictions may apply based on service capabilities or local regulations. Clients outside Canada should ensure that our services are compliant with local laws before engaging.

9. Governing Law

These Terms and any disputes arising from your use of our services will be governed by and construed in accordance with the laws of Canada. Any disputes must be resolved in a court of competent jurisdiction in Canada.

10. Changes to Terms

SparkArt Design reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to our website. By continuing to use our services after changes are posted, you accept the revised Terms.

11. Contact Us

If you have any questions or concerns about these Terms, please reach out to us at:

  • Email: spark@sparkartdesign.com
  • Text: +1 902-400-2505 (hours vary; text us, and we will respond at our earliest convenience)

Thank you for choosing SparkArt Design. We look forward to helping you bring your brand’s vision to life!

Effective Date: January 1, 2024

At SparkArt Design (“we,” “our,” or “us”), we value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, and protect your information when you interact with our website and digital services. By accessing our website (sparkartdesign.com) or using our services, you consent to the terms outlined below.

1. Information We Collect

We collect personal information necessary to provide our digital services, which may include:

  • Contact Information: Name, email address, and text phone number for communications
  • Project Information: Details you provide about your brand, preferences, or specific project requirements

We do not collect physical mailing addresses unless needed for specific verifications or client requests.

2. How We Use Your Information

We use your information exclusively to facilitate and enhance our digital services. This may include:

  • Processing and managing your project requests
  • Contacting you with project updates, inquiries, or customer support
  • Sending promotional or informational content related to SparkArt Design if you have opted in

Your information will not be sold, rented, or shared with unrelated third parties.

3. Cookies and Tracking Technologies

Our website may use cookies or similar tracking technologies to improve your online experience, track usage, and gather analytics. Cookies help us:

  • Understand how you interact with our site
  • Improve our marketing efforts
  • Personalize your browsing experience

You can manage your cookie preferences via your browser settings or through cookie management tools on our site, if available.

4. Third-Party Services and Data Sharing

To provide our services effectively, we may use trusted third-party providers, such as:

  • Payment Processors: For secure payment transactions
  • Email and Marketing Platforms: For promotional communications (with your consent)
  • Project Management Tools: To facilitate project collaboration and communication

These third parties are only provided with the data necessary to perform their specific functions and are prohibited from using it for other purposes. We do not share your personal information with unrelated third parties.

5. Data Security

SparkArt Design takes the security of your personal information seriously. We use technical, administrative, and physical security measures to protect your data from unauthorized access, use, or disclosure. These measures may include:

  • Encryption of sensitive information
  • Secure payment gateways
  • Regular security audits to protect against potential threats

While we strive to protect your data, no security system is impenetrable, and we cannot guarantee absolute security.

6. Data Retention

We retain personal information only as long as necessary for our business purposes, legal requirements, or customer support, including:

  • Project and contact records for customer service and support
  • Financial and transactional records as required by law

Non-essential information is securely deleted after it is no longer needed.

7. Privacy of Minors

At SparkArt Design, we prioritize the privacy and security of minors. We do not knowingly collect or share personal information of minors under the age of 18 without explicit consent from a parent or legal guardian.

If a parent or guardian requests a digital creation on behalf of a minor, we uphold strict privacy practices:

  • Posting Restrictions: We will not publicly share or post any images containing a minor’s likeness on our website, social media, or other platforms unless the child’s face is blurred or covered to protect their identity.
  • AI-Generated Images Only: Any images of children displayed on our public sites are AI-generated and not representative of real individuals. This policy helps us showcase our work without compromising the privacy of any real human child.
  • Explicit Written Consent Required: Even with written consent, our policy is to prioritize privacy. If we receive permission to post images that include minors, our policy requires their faces to be blurred or covered before any public display.

This commitment is part of SparkArt Design’s dedication to protecting children’s privacy and ensuring the secure handling of all personal information in the digital space.

8. Your Rights

You have the following rights over your personal information:

  • Access: Request a copy of your personal information held by us
  • Correction: Correct any inaccurate or incomplete information
  • Deletion: Request the deletion of your data when it is no longer necessary for our purposes
  • Withdraw Consent: Opt-out of promotional communications at any time

To exercise any of these rights, please contact us using the information provided below.

9. International Data Transfers

Since SparkArt Design serves clients outside of Canada, your information may be processed or stored outside your country of residence. By using our services, you consent to the transfer, storage, and processing of your information in Canada or other countries where our service providers operate.

We comply with applicable data protection regulations, including the GDPR, to ensure your information is protected across borders.

10. Changes to Our Privacy Policy

SparkArt Design reserves the right to update or modify this Privacy Policy as needed. Changes will be posted on our website, and we encourage you to review this page periodically. By continuing to use our services after changes are posted, you accept the revised terms.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy, please reach out to us at:

  • Email: spark@sparkartdesign.com
  • Text: +1 902-400-2505 (hours vary; text us, and we will respond at our earliest convenience)

This Privacy Policy reflects SparkArt Design’s commitment to transparency, security, and respect for your personal data. We encourage you to reach out with any questions regarding our practices or your rights as a client.

We’re committed to providing prompt and effective solutions to ensure your satisfaction.

Last Updated: January 1, 2024

At SparkArt Design, we use cookies and similar tracking technologies to improve your browsing experience, understand site usage, and tailor content to your preferences. This Cookie Policy explains what cookies are, the types of cookies we use, and how you can manage them.

1. What Are Cookies?

Cookies are small text files stored on your device by websites you visit. They help websites function efficiently and provide information to site owners.

2. Types of Cookies We Use

  • Essential Cookies: Necessary for basic site functionality, such as security and accessibility.
  • Performance Cookies: Help us understand how users interact with our site, allowing us to improve site performance and user experience.
  • Functionality Cookies: Remember your preferences and customizations to enhance your experience.
  • Analytics Cookies: Provide insight into site traffic and interactions, allowing us to optimize our content.

3. Managing Cookies

Most browsers allow you to manage cookies via settings. You can choose to accept, reject, or delete cookies. However, please note that disabling cookies may affect the functionality of our website.

For more information on managing cookies, visit your browser’s help page.

4. Contact Us

If you have any questions about our Cookie Policy, please contact us at spark@sparkartdesign.com.

Last Updated: January 1, 2024

At SparkArt Design, we are committed to making our website accessible to all users, including individuals with disabilities. We continually work to improve the user experience and ensure compliance with relevant accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1.

Accessibility Features

  • Responsive Design: Our site is designed to be user-friendly on a variety of devices, including desktops, tablets, and mobile phones.
  • Keyboard Navigation: All navigable elements can be accessed through keyboard input.
  • Text Descriptions: Alt text is provided for all essential images and media.

Feedback

If you encounter any accessibility barriers or have suggestions for improvement, please contact us at spark@sparkartdesign.com or text +1 902-400-2505. Your feedback is valuable in helping us improve accessibility.

Intellectual Property Statement

Last Updated: January 1, 2024

The content on SparkArt Design’s website, including text, images, designs, logos, and other digital media, is protected by intellectual property laws and is the exclusive property of SparkArt Design unless otherwise stated.

1. Permitted Use

Visitors may view, share, and download materials from this site for personal, non-commercial use only. Any reproduction, distribution, or modification for commercial purposes without written consent from SparkArt Design is strictly prohibited.

2. Protection of Client Content

All custom designs, branding, or artwork created for clients remain the property of SparkArt Design until final payment is received. Upon payment, clients receive a license to use the delivered work in line with our terms.

3. Reporting Infringement

If you believe any material on our site infringes on your intellectual property rights, please contact us at spark@sparkartdesign.com.


Summary Of Client License

At SparkArt Design, we retain full ownership of the intellectual property rights to all work created, including logos, images, websites, and other digital content. Once the final deliverables are paid for in full, clients are granted a non-exclusive, non-transferable license to use the work according to the terms outlined in a separate Client License Agreement that will be provided upon project completion.

This license allows clients to use the work for personal or commercial purposes, including in branding, marketing, and online materials. The client may modify the work, but it is prohibited to resell, redistribute, or sublicense the work to third parties without explicit written permission from SparkArt Design.

For more detailed information about the usage rights, restrictions, and terms of the license, clients will receive a Client License Agreement for review and signature upon receiving the final files.

Last Updated: January 1, 2024

SparkArt Design provides digital services intended to support and enhance your business or personal brand. While we strive to deliver quality services, we cannot guarantee specific outcomes. By using our services, you acknowledge and agree to the following terms:

  • No Guarantee of Results: Our services are intended to offer creative support. Any business or personal results derived from using our designs, branding, or other digital services are the responsibility of the client.
  • Limitation of Liability: SparkArt Design shall not be liable for any indirect, incidental, or consequential damages, including lost revenue or data, resulting from the use of our services.
  • Third-Party Content: We may use third-party tools or platforms to deliver our services. We are not responsible for any issues or data breaches related to these third-party services.

If you have questions about this Disclaimer, please reach out to us at spark@sparkartdesign.com.

Last Updated: January 1, 2024

To ensure a productive and respectful working relationship, SparkArt Design has outlined certain rights and responsibilities for both our clients and our team.

Client Rights

  • Communication: Clients are entitled to clear, prompt, and respectful communication.
  • Revision Requests: Clients may request revisions within the agreed scope and timeline, as outlined in the initial project agreement.
  • Privacy: SparkArt Design respects client privacy and will only use personal and brand information as agreed.

Client Responsibilities

  • Timely Feedback: Clients agree to provide feedback and responses in a timely manner to avoid project delays.
  • Adherence to Scope: Clients agree to the project scope outlined in the initial agreement. Additional requests beyond this scope may require additional fees.
  • Respectful Interaction: Mutual respect is expected throughout the collaboration process.

If you have questions or would like to discuss additional terms, please reach out to us at spark@sparkartdesign.com.

Last Updated: January 1, 2024

For your convenience, we’ve compiled answers to common questions about our services, policies, and procedures.

  1. How do I get in touch with SparkArt Design?
    • You can reach us at Spark@SparkArtDesign.com or text us at +1 902-400-2505. Please allow us time to respond, as our business hours may vary.
  2. How do I submit a revision request?
    • Revision requests can be submitted via email. Be sure to review your project’s specific revision terms, as outlined in your initial agreement.
  3. Can I cancel a project after it has started?
    • Yes, but please review our Cancellation Policy to understand applicable fees based on the project stage at cancellation.
  4. Will my personal information be shared?
    • No, we respect your privacy and adhere to our Privacy Policy, which can be reviewed above.

Have a question that is not listed here? Send us a text or email and we can get answers for you!