Terms of Service

1. Agreement to These Terms

These Terms of Service set out the rules that apply when you visit this website, when you send an enquiry to the studio, and when you engage the company for systems design work. Please read them carefully before using the site or entering a studio engagement. By browsing the site or by sending an enquiry, you confirm that you accept these terms. If you do not accept them, please do not use the site and do not send an enquiry.

Where a signed service contract or a written proposal exists between you and the company, that document controls the specific work described in it. These terms fill the gaps and continue to apply where the contract is silent. If there is a direct conflict between a signed contract and these terms, the signed contract wins for the matters it covers.

These terms describe a professional services relationship and a website. They do not create an agency, a partnership, a joint venture or an employment relationship between you and the company.

2. The Company and the Services

The website and the services described on it are provided by the company identified in this section. The company designs and supports integrated systems for apparel fitting studios, covering booking slip bays, alteration note runs, fabric swatch desks, fitting session windows, wardrobe review rounds and delivery day sittings, together with the supporting technical work that keeps those stations running.

The company may describe its services as computer integrated systems design and related professional, scientific and technical services. The descriptions on this website are general in nature and do not promise a particular outcome until a written proposal is agreed. The company may add, change or withdraw a service description at any time, but any change does not affect work already agreed in a signed contract.

3. Eligibility and Authority

The website is intended for people who are at least the age of majority in their jurisdiction and who are acting for themselves or for an organisation they are authorised to represent. By contacting the studio or engaging the company, you confirm that you have the authority to act on behalf of the organisation you name.

If you are using the website on behalf of a business, the terms of this agreement bind that business as well as yourself. If your organisation has its own purchasing rules or has agreed a separate master agreement with the company, you are responsible for telling the studio about those rules before work begins, so that the right document controls.

4. Permitted Use of the Website

You may read the pages of this website, print a reasonable number of pages for internal reference and contact the studio through the details published here. You may quote short extracts of the content in a way that is fair and that clearly credits the company.

Any other use requires written permission from the company. In particular, you may not copy large sections of the site, reproduce the design of the fitting room illustrations, present the content as your own, or use the site in a way that suggests an endorsement or a partnership that does not exist.

Access to the site is offered on an availability basis. The company may carry out maintenance, apply security updates or change the content at any time. The company does not guarantee that every page will always be reachable, and it does not guarantee that every link will always resolve, though it tries to keep the site in good order.

5. Prohibited Conduct

When using this website or communicating with the studio, you agree not to do any of the following. This list is not exhaustive, and the company may treat any similar conduct as a breach of these terms.

• Attempt to gain unauthorised access to the site, to a server, to a client system or to any account that is not yours.
• Introduce malicious code, run automated scraping tools that burden the site, or interfere with the normal operation of the site.
• Use the contact form to send unlawful, threatening, defamatory or abusive material.
• Impersonate another person or organisation, or give a false name or a false address in an enquiry.
• Use the studio communication channels to send unsolicited advertising or bulk messages to other people.
• Reverse engineer, decompile or attempt to extract the source of any software that the company supplies, except where the law expressly allows it.
• Use the services in a way that breaches export control, sanctions or other applicable trade law.

6. Studio Engagements and Proposals

An enquiry, a telephone call or an exchange of email is not a contract for services. A studio engagement begins only when both parties have agreed a written proposal that sets out the scope, the schedule and the fee, and when any deposit described in the proposal has been received where the proposal requires one.

Proposals remain open for the period stated in the document. After that period the company may withdraw or revise the proposal, because the availability of studio time and supplier capacity changes. A proposal that has lapsed can be reissued on request.

The company may decline an enquiry, or may end a discussion before a proposal is signed, without giving a detailed reason. This does not create any liability to the enquirer, although the company will always try to be courteous and to suggest an alternative if it can.

7. Client Responsibilities

A fitting row system is only as good as the information that a studio feeds into it. For the company to deliver useful work, the client studio must provide accurate material, respond to questions within a reasonable time and make a named person available to approve decisions.

• Provide access to the studio floor, to existing records and to the people who run each station.
• Ensure that any personal information shared with the company may lawfully be shared and that any required notices or consents are in place.
• Keep backups of original records before a migration begins.
• Nominate a decision maker who can approve changes to scope and schedule.
• Ensure that staff attend the training sessions arranged as part of the engagement.
• Tell the company promptly about any fault, mismatch or safety concern discovered in a delivered system.

If a delay is caused by the client studio, the company may adjust the schedule and may charge for the time that was reserved and could not be used, provided the company tells the studio in advance where it is able to do so.

8. Fees, Invoices and Payment

Fees are set out in each written proposal and are charged in the currency stated there. Unless a proposal says otherwise, fees are quoted exclusive of applicable taxes and expenses such as travel to a client site.

Invoices are issued on the schedule agreed in the proposal. Payment is due within the period stated on the invoice. Where no period is stated, payment is due within thirty days of the invoice date. The company may charge reasonable interest on overdue amounts and may suspend work where an undisputed invoice remains unpaid after a written reminder.

Amounts paid for completed work are generally not refundable, because the studio time has already been reserved and used. Where the company cancels a project for its own convenience, it will refund any fee paid for work that has not been started and will agree a fair settlement for work already performed. The company does not accept cash payments at the studio door.

9. Schedules and Deliverables

The company works to the schedule set out in the proposal, but a schedule is a plan, not a guarantee. Studio work depends on timely input from the client, on the behaviour of existing records and on the availability of third party tools. If a milestone is at risk, the company will tell the client as early as it can and will propose a revised plan.

Deliverables are accepted according to the review process described in the proposal. The client is expected to review a deliverable within the period stated for that review. Where the client does not respond within that period, the company may treat the deliverable as accepted so that the project can proceed, and it will record the decision in writing.

Changes that fall outside the agreed scope are handled as a written change request. The company will estimate the effect on fee and schedule before any extra work begins, and no extra work is carried out until the change request is agreed.

10. Intellectual Property

The website, its text, its layout and the fitting room illustrations drawn in the pages are owned by the company and are protected by copyright and related rights. Nothing in these terms transfers ownership of the website to you. The company name, the wordmark and the studio labels are marks of the company, and they may not be used without written permission.

For a systems engagement, the proposal states which rights pass to the client. As a general rule, the client receives a licence to use the delivered system for its own business, while the company retains ownership of its underlying methods, its reusable components and any general knowledge gained during the work. The client owns the records that it provided and the client specific data that the delivered system contains.

If the client supplies its own text, images or records, the client confirms that it has the right to share them and grants the company a limited licence to use them for the purpose of the engagement. The company will not publish a case study that reveals a client identity without written permission.

11. Confidentiality

Each party may receive information that the other treats as confidential, such as a studio process, a client list, a price list or a technical design. Each party agrees to use that information only for the purpose of the engagement and to protect it with reasonable care.

The duty of confidence does not apply to information that is already public, that the receiving party already knew before the engagement, that is received from a third party without a duty of confidence, or that is required to be disclosed by law. Where a legal disclosure is required, the party subject to it will, where lawful, give notice to the other party so that protective steps can be considered.

Confidentiality obligations continue after an engagement ends, for as long as the information remains confidential. Return or destruction of confidential material is handled at the end of the engagement in the manner agreed in the proposal.

12. Privacy and Personal Information

The company handles personal information as described in the Privacy Policy, which forms part of these terms. The privacy policy explains what is collected, why it is collected and how a person can make a request. If a conflict exists between these terms and the privacy policy on a privacy matter, the privacy policy controls.

Where the company processes fitting records on behalf of a client studio, the client remains responsible for the notices and consents that apply to the people named in those records. The company processes the records only on the written instructions of the studio and only for the purposes of the engagement.

13. Third Party Materials and Tools

The website and the delivered systems may make use of third party tools, hosting services, fonts or email providers. The company chooses those tools with care but does not control them and cannot promise that a third party will never change, fail or withdraw its service.

Links from this site to a third party are provided for convenience. The company does not endorse the content of a linked site and is not responsible for its accuracy, for its security or for its privacy practices. Your use of a third party tool may be governed by that party own terms, and you should review them before relying on the tool.

14. Warranties and Disclaimers

The company warrants that it will perform its services with the reasonable skill and care expected of a professional design studio, and that it will act in good faith throughout an engagement. This is the central promise the company makes, and it takes it seriously.

Apart from that promise, the website and its content are provided as they are. The company does not warrant that the site will always be available, that it will be free of errors, or that any information on it is complete for a particular purpose. The content on this site is general information about a studio and its services, and it is not professional advice for a specific situation.

No description on the website creates a warranty about a project outcome. Any specific outcome that the company is prepared to stand behind must be written into the signed proposal, where it can be measured and reviewed.

15. Limitation of Liability

To the extent permitted by law, the company is not liable for indirect or consequential loss, for loss of profit, for loss of business opportunity, for loss of reputation or for loss of data, in each case arising out of or in connection with the website or a studio engagement.

Where liability cannot lawfully be excluded, the total liability of the company to a client in connection with an engagement is limited to the fees paid by that client for the work that gave rise to the claim. This limit applies to the aggregate of all claims, whether based in contract, in tort or in any other legal theory.

Nothing in these terms excludes or limits liability for fraud, for wilful misconduct or for any other matter that cannot be excluded under applicable law. If any part of this section is found to be unenforceable, the remaining parts continue to apply.

16. Indemnification

You agree to defend and to hold the company harmless against claims, losses and reasonable costs that arise from your breach of these terms, from content you supply to the company that infringes another party rights, or from your unlawful use of the website or of a delivered system.

The company will tell you promptly about any claim that falls within this section, will allow you to lead the defence where appropriate, and will cooperate in a reasonable way. The company may take part in the defence with its own counsel at its own cost where it believes that its interests require it. You may not settle a claim in a way that admits fault on the part of the company without the company written agreement.

17. Suspension and Termination

The company may suspend access to the website, or suspend work under an engagement, where it reasonably believes that these terms have been breached, that an undisputed invoice is overdue, or that continuing the work would create a legal or security risk. Where it is reasonable to do so, the company will give notice before a suspension takes effect.

Either party may end an engagement in the manner set out in the signed proposal. Where the proposal is silent, either party may end the engagement on thirty days written notice. On termination, the client pays for work performed and for commitments already made, and the company returns or deletes client confidential material as agreed.

Sections that by their nature should survive termination, including those on intellectual property, confidentiality, limitation of liability and governing law, continue to apply after an engagement ends.

18. Governing Law and Disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario for the resolution of any dispute that is not resolved through discussion.

Before starting a formal proceeding, the parties agree to try to resolve a dispute through good faith discussion. A party who wishes to raise a dispute should send a written notice to the other party describing the issue and the outcome it seeks. The parties will then meet, in person or remotely, within a reasonable period to seek a resolution.

Nothing in this section prevents a party from seeking urgent injunctive relief where that is necessary to protect a right or to prevent harm.

19. Changes to These Terms

The company may update these terms from time to time to reflect a change in the services, in the tools it uses or in the law. The date at the top of the page shows when the current version took effect. The company will take reasonable steps to bring a significant change to the attention of clients with an active engagement.

A change does not alter the terms of an engagement that was already agreed in a signed proposal unless both parties agree in writing. For website use, the version in force at the time of your visit applies. If you do not accept an updated version, you should stop using the website and contact the studio if you have an active engagement.

20. Contact Information

Questions about these terms, requests for written permission and notices about a dispute can all be sent to the studio. Please include a clear description of the matter and the best way to reach you.

You can return to the studio homepage at any time, or read the Privacy Policy for details about how personal information is handled. The company thanks you for taking the time to read these terms in full.