Please read these terms and conditions carefully before placing your order:
A deposit in an amount equal to 30% of the total estimated cost is requested prior to execution of the project.
Payment in full or the remaining balance is to be paid 15 days from receipt of the final invoice for the completed project. Finance charge of 1.5% per month (18% annually) on all overdue balances.
Reproduction of Work:
Upon successful completion of all compensation terms and outstanding balances owed to MAYArt – Branding Smart.
Customer is granted full and unlimited reproduction rights to the Project.
MAYArt retains the right to reproduce the Project in any form for marketing, future publications, competitions or other promotional uses.
Customer may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer during work on the Project but not included into the final version of the Project. Such artwork belongs solely to MAYArt who may use it at its own discretion.
Ownership of Artwork and Source Files:
Except for Customer’s Proprietary Material (defined in #4 below) contained in the Project, MAYArt shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the Project. Specifically, but without limitation, MAYArt shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or arrangements or other components of any materials presented to Customer that comprises the Project, (3) all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. Customer shall not do anything that may infringe upon or in any way undermine MAYArt right, title, and interest in the Project, as described in this Paragraph 4. Notwithstanding the above, Customer shall retain and, MAYArt shall have no proprietary rights whatsoever in all of Customer’s intellectual property rights in any and all text, images or other components and/or materials owned by Customer, or which Customer has the legal right to use, that are delivered to MAYArt, including but not limited to software, related documentation, Customer marketing material, logos, and tag lines (“Customer’s Proprietary Material”). MAYArt agrees that it shall not use Customer’s Proprietary Material for any other purpose than those expressly set forth in this Agreement.
Rejection/Cancellation of Project:
Customer shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, Customer observes any nonconformance with the design plan, MAYArt must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the billing for all additional labor or expenses to date. All elements of the project must then be returned to MAYArt. Any usage by Customer of those design elements will result in appropriate legal action. Customer shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract.
Completion/Delivery of Project:
Any shipping or insurance costs will be assumed by Customer. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with Customer. Any delay in the completion of the project due to actions or negligence of Customer, unusual transportation delays, unforeseen illness, or external forces beyond the control of MAYArt, shall entitle MAYArt to extend the completion/delivery date, upon notifying Customer, by the time equivalent to the period of such delay.
This contract and its terms subject to interpretation to the certain laws in Manitoba; any disputes arising in terms of this contract shall be determined by a complement contract jurisdiction in the province of Manitoba.