Terms of Use
Effective Date: June 9, 2026 Last Updated: June 9, 2026
Welcome to Tinsly Design Co. These Terms of Use ("Terms") govern your access to and use of www.tinsly.co (the "Site") and the creative, design, and related services we provide ("Services"). Tinsly Design Co. ("Tinsly," "we," "us," or "our") is a creative agency based in Vancouver, British Columbia, Canada.
By accessing the Site or engaging our Services, you ("you," "client," or "user") agree to be bound by these Terms. If you do not agree, please do not use the Site or our Services.
1. ELIGIBILITY
You must be at least 16 years of age, or the age of majority in your jurisdiction, to use the Site or engage our Services. By using the Site, you represent that you meet this requirement and that any information you provide is accurate and current.
2. THE SERVICES
Tinsly provides creative and agency services, which may include design, branding, written copy, visual and video content, and related deliverables ("Work Product"). The specific scope, deliverables, timeline, and fees for any engagement will be set out in a separate proposal, statement of work, or written agreement ("Project Agreement").
In the event of any conflict between these Terms and a signed Project Agreement, the Project Agreement governs for that engagement.
3. PROPOSALS, QUOTES, AND ACCEPTANCE
Quotes and proposals are valid for the period stated in them, or 30 days if no period is stated. A project is considered booked once you accept a proposal in writing (including by email) and, where required, pay any deposit. We reserve the right to decline or discontinue work at our discretion (see Section 11).
4. FEES AND PAYMENT
4.1. Invoicing
Fees are billed through Stripe via invoices or payment links unless otherwise agreed in writing. By paying an invoice, you authorize the charge for the amounts stated.
4.2. Deposits
Unless otherwise agreed, projects may require an upfront deposit before work begins. Deposits are non-refundable except as expressly stated in these Terms or a Project Agreement.
4.3. Payment Timing
Invoices are due upon receipt unless a different due date is stated. Final deliverables and any transfer of ownership rights (see Section 6) are conditional on full payment.
4.4. Late Payments
Overdue invoices may be subject to interest of 2% per month (or the maximum permitted by law, if lower) and may result in suspension of work. You are responsible for reasonable costs incurred by us in recovering unpaid amounts.
4.5. Taxes
Fees are exclusive of applicable taxes (including GST/PST), which will be added where required.
4.6. Third-Party Costs
Costs such as stock assets, fonts, software licenses, or printing are your responsibility unless expressly included in the quoted fee.
5. REFUNDS AND CANCELLATIONS
5.1. Client Cancellation
If you cancel a project after work has begun, you remain responsible for payment for all work performed up to the cancellation date, and any deposit is non-refundable.
5.2. Completed Work
Because Services are custom and labour-based, fees for work already completed and delivered are non-refundable.
5.3. Discretionary Refunds
Any refund outside these Terms is at our sole discretion and does not waive these Terms for future matters.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1. Ownership Before Payment
All Work Product, drafts, concepts, and files remain the exclusive property of Tinsly until the relevant invoice is paid in full.
6.2. Transfer on Full Payment
Upon full payment, Tinsly assigns to you the ownership of, or a license to use, the final delivered Work Product for the purposes contemplated in the Project Agreement. The exact scope of rights transferred (ownership vs. license, and any usage limits) will be as stated in the applicable Project Agreement.
6.3. Tinsly's Retained Rights
Notwithstanding any transfer, Tinsly retains ownership of: (a) pre-existing materials, tools, templates, processes, and know-how used to create the Work Product; (b) preliminary concepts, drafts, and versions not selected for final delivery; and (c) the right to use the Work Product for the purposes described in Section 7.
6.4. Third-Party Materials
Where Work Product incorporates third-party materials (such as stock assets or licensed fonts), your rights to those materials are subject to the applicable third-party license terms.
7. PORTFOLIO AND PROMOTIONAL RIGHTS
Unless a separate written confidentiality or non-disclosure agreement is signed before the project begins, you grant Tinsly the non-exclusive, perpetual right to display, reproduce, and reference the Work Product and your brand name and logo for the purpose of showcasing our work, including in our portfolio, website, case studies, social media, and promotional materials.
If you wish to opt out of this, you must notify us in writing before the project begins, and we will accommodate reasonable confidentiality requirements.
8. CLIENT RESPONSIBILITIES
You agree to:
Provide accurate, complete, and timely information, content, feedback, and approvals;
Ensure you own or have the rights to any materials you provide to us (logos, text, images, etc.);
Respond to requests for input within a reasonable time, recognizing that delays may affect timelines and fees.
You are solely responsible for the legality and accuracy of any content you supply, and for ensuring final deliverables comply with laws applicable to your business (including advertising and industry-specific regulations).
9. ACCEPTABLE USE OF THE SITE
When using the Site, you agree not to:
Use the Site for any unlawful purpose;
Attempt to gain unauthorized access to the Site or its systems;
Introduce malware, scrape, or interfere with the Site's operation;
Copy, reproduce, or exploit Site content without our permission.
All Site content (text, design, logos, and branding) is owned by Tinsly or its licensors and is protected by applicable intellectual property laws.
10. THIRD-PARTY SERVICES AND LINKS
The Site and our Services may rely on or link to third-party services (such as Stripe for payments). We are not responsible for the content, policies, or practices of third parties, and your use of those services is governed by their own terms.
11. TERMINATION
11.1. By You
You may terminate an engagement by written notice, subject to the payment obligations in Sections 4 and 5.
11.2. By Tinsly
We may suspend or terminate Services, or your access to the Site, at our discretion, including where: (a) invoices are overdue; (b) you breach these Terms or a Project Agreement; (c) you engage in abusive, threatening, or unlawful conduct; or (d) continuing the engagement is impractical or against our reasonable judgment.
11.3. Effect of Termination
On termination, you remain liable for all fees for work performed up to the termination date. Sections relating to payment, intellectual property, portfolio rights, disclaimers, limitation of liability, and indemnification survive termination.
12. DISCLAIMERS
The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Tinsly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or secure, or that the Services will achieve any particular result (such as specific business, marketing, or sales outcomes).
13. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law:
Tinsly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Site, the Services, or these Terms;
Tinsly's total aggregate liability for any claim arising out of or related to the Services will not exceed the total amount you paid to Tinsly for the specific engagement giving rise to the claim.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
14. INDEMNIFICATION
You agree to indemnify and hold harmless Tinsly from any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of: (a) materials or content you provide to us; (b) your use of the Work Product; (c) your breach of these Terms; or (d) your violation of any law or third-party right.
15. CONFIDENTIALITY
Each party agrees to keep confidential any non-public business information disclosed by the other in connection with an engagement, and to use it only for the purpose of the engagement. This does not apply to information that is public, independently developed, or required to be disclosed by law.
16. FORCE MAJEURE
Tinsly is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including illness, natural disasters, outages, or actions of third-party providers.
17. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that the courts located in British Columbia will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, subject to any applicable consumer-protection rights you may have.
18. CHANGES TO THESE TERMS
We may update these Terms from time to time. Changes take effect when posted on this page with an updated "Last Updated" date. Your continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms. The Terms in effect at the time a project is booked govern that engagement unless otherwise agreed.
19. SEVERABILITY AND WAIVER
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of our right to do so later.
20. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and Tinsly regarding the Site and Services.
21. CONTACT US
Questions about these Terms can be directed to:
Email: hello@tinsly.co