Maxam Design Agency Terms & Policies
By utilizing MAXAM DESIGN AGENCY web site (www.maxamdesign.com), design services and/or submitting a project via e-mail, phone or in person, to you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with out TERMS AND CONDITIONS before submitting any order for artwork, logo design or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use THE MAXAM DESIGN AGENCY design services, studio or web site(s). By submitting a project via our web site, or by delivering a FAX order form for THE PROJECT, you must agree to these terms by a) selecting a check box on our web site order form that confirms that you accept these terms or conditions and/or b) entering a check mark into the appropriate box on our order form which confirms that you accept our terms and conditions.
In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of design/logo/artwork concept(s) presented to THE CLIENT by MAXAM DESIGN AGENCY as part of THE PROJECT. In the context of these TERMS AND CONDITIONS, design revisions (“REVISION(S)”) shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (“FINALS(S)”) shall refer to the design, artwork and/or logo that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).
Beginning a new design project
1) MAXAM DESIGN AGENCY will begin creation of a design (THE PROJECT) upon receipt of a retainer fee from THE CLIENT that equals no less than 50% of the full billable amount for all projects stated over $500 as outlined in your Quote/Estimate. Projects may require a signed payment authorization form, or telephone payment verification before scheduling. Some projects ordered may require full payment upon submission of client brief before project will be scheduled. MAXAM DESIGN AGENCY will not proceed until the CLIENT has the approved the said cost.
Completion of a design project
2) Upon completion of THE PROJECT, THE CLIENT agrees to remit the remaining balance of the project fee once final artwork has been approved and signed off by CLIENT. Upon receipt of this balance, MAXAM DESIGN AGENCY agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. MAXAM DESIGN AGENCY will transfer ownership of copyright to the client, in writing, at that time. MAXAM DESIGN AGENCY retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other, not-for-pay display. MAXAM DESIGN AGENCY agrees to add a Trademark, Copyright or other ownership mark as may be requested by THE CLIENT from time to time.
Copyright and/or trademark
3) Due to the complexities of international copyright and trademark law, MAXAM DESIGN AGENCY will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.
Client supplied artwork & reference material
4) THE CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply MAXAM DESIGN AGENCY this permission, in writing, if requested. THE CLIENT also agrees to indemnify MAXAM DESIGN AGENCY in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of THE PROJECT, client warrants that any subsequent artwork supplied by THE CLIENT to MAXAM DESIGN AGENCY. is the property and/or copyright of THE CLIENT, or THE CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of THE PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies MAXAM DESIGN AGENCY should this artwork and/or media become the subject of any legal action or ownership dispute. MAXAM DESIGN AGENCY reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is MAXAM DESIGN AGENCY’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies MAXAM DESIGN AGENCY artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, MAXAM DESIGN AGENCY reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.
Payment service terms
5) Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created, all retainer payments made by CLIENT become non refundable pursuant to the refund policies outlined here. If THE CLIENT wishes to cancel THE PROJECT before presentation of PRELIMINARY DESIGNS for THE PROJECT, there will be a $45 administration service charge. If THE CLIENT wishes to cancel the project after PRELIMINARY DESIGNS have been posted on the client access area, and before any REVISION requests have been made by THE CLIENT or executed by MAXAM DESIGN AGENCY, client may do so in writing. Such cancellation is subject to a $150 service fee (for projects under $499) OR 40% of total for projects with a billable total of over $500, which will be deducted from monies paid by CLIENT and MAXAM DESIGN AGENCY will issue a refund for the remaining balance. After revision requests have been made by the client, and/or artwork revisions have been executed by MAXAM DESIGN AGENCY, and in the unlikely event that MAXAM DESIGN AGENCY cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing at any time. The project then becomes subject to a ‘KILL-FEE’. This Kill Fee is an amount not less than 50% of the total amount of THE PROJECT’s TOTAL billable amount. Any projects that are canceled after creation of and/or presentation to THE CLIENT of PRELIMINARY DESIGNS are subject to a ‘Kill Fee’ that is the full amount of the package paid to date. After cancellation, client may, at their discretion, select one (1) design for finalization. Such finalization is subject to the terms of the original project; if the project is a Project under $499, no additional funds will be required. If the project is over $500, such finalization is subject to the payment, by the client, of the remaining balance of the project. Once client has finalized project, and paid remaining balances, MAXAM DESIGN AGENCY will prepare appropriate file formats of the final selection and deliver said material to the client, as per original agreement. If, after canceling in writing by the client, a final design is not selected within 30 days, nor remaining balance paid, all works related to project become the exclusive property of MAXAM DESIGN AGENCY and the project shall be considered closed. After the project is closed, any additional work on project will be subject to our standard unarchiving fee. In the event of a ANY job or project cancellation, any artwork created remains the exclusive intellectual property and copyright of MAXAM DESIGN AGENCY unless ownership of said property released in writing by MAXAM DESIGN AGENCY. and the remaining balance of THE PROJECT’s billable amount is remitted. Also, if THE PROJECT retainer payment was submitted via any credit card service, THE PROJECT is also subject to a $45 administration and service fee should the project be canceled, for any reason, by the client, prior to approval and/or completion. Any billing dispute must be submitted to us in writing.
Project scope
6) No further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS (outlined in estimate/proposal details) of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to MAXAM DESIGN AGENCY, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE CLIENT makes said web site available on the ‘World Wide Web’ (THE INTERNET) through placing of any PRELIMINARY or REVISIONS artwork on a server other than MAXAM DESIGN AGENCY preview server, and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Client agrees to pay ALL remaining balances at that time. Any further edits, or revisions to THE PROJECT will be subject to additional hourly billings and/or charges to THE CLIENT, as outlined in our current pricing lists.
7) In the course of THE PROJECT, MAXAM DESIGN AGENCY will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to MAXAM DESIGN AGENCY regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $50 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of MAXAM DESIGN AGENCY On restart THE PROJECT, any deliverables will be subject to the terms of the project originally ordered, but deliverables of said PROJECT will be subject to the most current version of the project as listed on our web site. If deliverables advertised in a manner other than our web site, vary from the details listed on our web site, the descriptions featured on or web site (www.maxamdesign.com) shall be considered correct.
8) If THE CLIENT fails to communicate with MAXAM DESIGN AGENCY regarding any initiated project for a period of more than 90 days, such project will be canceled, and any retainers or deposits shall be applied as a KILL-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by MAXAM DESIGN AGENCY after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in our current pricing schedules, unless specifically waived, in writing by an authorized representative of MAXAM DESIGN AGENCY.
9) Further, if THE CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as KILL FEES to original project, and any new retainers and/or balances shall be applied to new project as requested by THE CLIENT.
Project work product, concepts & unused designs
10) All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of MAXAM DESIGN AGENCY Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by MAXAM DESIGN AGENCY.
11) MAXAM DESIGN AGENCY liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by MAXAM DESIGN AGENCY as a ‘work-for-hire’ vendor, or in direct professional consultation with MAXAM DESIGN AGENCY. Such consultation is subject to fees as agreed to by THE CLIENT and MAXAM DESIGN AGENCY. By contracting MAXAM DESIGN AGENCY to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us.
Design credits
Design Credit have no cash value and can only be utilized towards a design project by MAXAM DESIGN AGENCY as a ‘retainer’ on new design project or as a credit that can be subtracted from the total charges of a design project. Any hourly credit must be used within 1(one) year of client receipt of final design files. Please note – due to copyright and ownership protocols, any remaining balance of project must be paid before any additional work, project or design containing finalized artwork can be initiated, including additional design work that is included in the order.
Terms & conditions specific to design or logo repair projects
1) Our Design or logo repair includes clean-up, rendering and formatting but does not include any design, preliminary design work or concepts. For a specific design or logo project requiring any of these design steps more complex, please contact us to go over your requirements and details so we may determine costs.
2) MAXAM DESIGN AGENCY reserves the right to determine if a design repair project qualifies for either a Basic or Complex repair. For assistance on your particular project, please contact our client support. As well, MAXAM DESIGN AGENCY reserves the right to refuse any design repair project if the source material (files, sketches and/or digital images) are not developed or rendered to a point that allows us to work from the submitted material. Once a Basic Design Repair project has been initiated by client though submission of the appropriate order forms, all monies paid for said project become non-refundable unless;
2 a) if, before any design work has been initiated, MAXAM DESIGN AGENCY determines that project submitted does not qualify for a design repair project, the client, at their option, may submit a new Custom Logo/Design project. Such submittal will be treated as a new project and can be submitted in conjunction with an adjustment of pricing, appropriate terms and conditions.
3) Before engaging MAXAM DESIGN AGENCY for our design repair services, you must warrant that you have the rights to the artwork being repaired, and that use of such work, to the best of your knowledge, does not infringe on the copyright of others. As the original artwork is supplied by the client, MAXAM DESIGN AGENCY does not claim, nor can we transfer, copyright of same for any artwork created during the performance of Logo Repair services. MAXAM DESIGN AGENCY reserves the right to refuse any logo repair project if we believe that said project infringes on the Copyright and/or Trademarks of other parties. See our terms and conditions for more information.
4) Turnaround on design revisions is approximate and based on complexity of design or logo repair. In general, any design concepts, layouts or presentations cannot be initiated until client submits requirements and has agreed to terms, project requirements have been outlined and initial payment has been made.