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All clients must agree to the points laid out below.
Mint Media Design will not knowingly enter into any contract whereby the other party's terms conflict with any of those set out below. Should it happen that a client's own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Mint Media Design. By entering into a business relationship with Mint Media Design, you (the Client) agree and consent to the following terms and conditions:
Timeframe and Delivery
Mint Media Design will provide the initial draft designs to the Client within the timeframe agreed upon in the initial consultation. Please note that if we are experiencing higher than usual demand, your design will be scheduled for the next available time slot and you will be notified at the earliest possible time. Mint Media Design will post the initial designs in an email or to a web site for review by the Client. The Client will then be able to view his/her draft designs and also be able to provide feedback concerning the design.
Mint Media Design will analyze the Client's feedback and revise the designs. The revised samples will be presented to the Client within the specified timeframe. Regular working days are Monday through Friday, 8am - 5pm Eastern Standard Time, excluding US holidays. Mint Media Design will continue the revision process as per the terms of the specific contract, until Client is 100% satisfied. Once the Client has approved the final design, the Client will complete any remaining payment owed, and Mint Media Design will then proceed with the delivery phase. All requested formats of the approved logo are then emailed or posted to the client download area for the Clients use.
If a client should abandon a project by way of negligence (i.e., cutting off contact, refusing to respond to emails or phone calls), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Special arrangements can certainly be made for ending a project prematurely, but must be negotiated with your project manager.
Copyright / Trademarks
The Client unconditionally guarantees that any element of text or graphics furnished to Mint Media Design for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Mint Media Design from any claim or suit arising from the use of such as furnished by the client.
Mint Media Design makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Mint Media Design's liability is limited only to a refund of the paid amount. Mint Media Design will do no research checking on the legal availability of the name we are creating designs for. It is the Client's responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. Mint Media Design and its employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Ownership of the final artwork becomes the full property of the Client, having unlimited, indefinite and unrestricted use of the design upon payment of all fees. Mint Media Design retains the right to display the artwork in their corporate portfolios and marketing materials. Unless otherwise arranged with your project manager, all stock photography is used under royalty-free license of Mint Media Design. As such, the Client has legal rights to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional cost.
All concepts furnished to the client are for client review and comment purposes only. Until all project invoices are paid in full by the Client, Mint Media Design will retain exclusive copyright and ownership of all design and draft materials. Ownership of final designs are transferred to the client on payment of all fees, however unless otherwise arranged in writing, Mint Media Design retains ownership of all draft materials not used in the final design.
Draft Concept Policies and Copyright
All draft concepts previewed by the client are for client review and comment purposes only. Until final design balance is received by Mint Media Design, all logos, artwork, concepts and designs remain the copyright and exclusive property of Mint Media Design. Mint Media Design reserves the right to utilize and/or reproduce any image, logo or illustration created by Mint Media Design in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. Mint Media Design retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
Revisions And Author Alterations
Any and all revision requests or project additions/alterations MUST be furnished to the project manager in writing. Revisions may be discussed verbally; however no work will be done until the Client submits their revisions in writing by Email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing.
The quotation assumes a reasonable average number of revisions per design item, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.
Payment Policies
Graphic design is a service, not a product - customers are billed for the time and expertise of our professional web/graphic designers, art/creative directors and project managers. In accordance with industry standards, Mint Media Design charges for design services by the hour (unless a flat fee has been negotiated in writing) and does NOT offer refunds under any circumstance (except in the case of copyright infringement as noted above).
Mint Media Design does NOT engage in speculative work and will not honor any requests for same. We have provided a public portfolio, making it easy for potential clients to judge whether the style and quality of design offered by Mint Media Design is a good fit for their organization.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on your quotation. Final invoices will reflect actual hours worked on your project which may or may not differ from your quotation. The final invoice amount will not exceed the quoted amount by a margin of over $50 without prior notification and written authorization by the client.
An upfront deposit of 50% (based on the quotation amount) is required for all new projects.
Preferred clients requiring long term and ongoing design work will be placed on a monthly billing cycle, which will allow said client to skip the quotation/deposit phase. Clients on monthly billing will be invoiced on the 20th of each month.
Deposits and payments are made through paypal using electronic checks and the following credit/debit cards: Visa, MasterCard, American Express or Discover.
We are happy to submit invoices in your local currency, however please note that credit card payments will require conversion to $USD. If your invoice is in another currency, you are still welcome to pay by credit card, but your total will be automatically converted by our gateway to $USD during processing.
All invoices are payable on receipt with a grace period of 7 days. After 7 days, a late payment charge of 2% per week is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer's payment is charged back to us by way of credit card fraud, check fraud or other crime, we will issue one final notice before turning the account over to a collections agency. Late fees will continue to accrue on your account. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to Mint Media Design. In such a case, we will retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
Mint Media Design Website
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Mint Media Design. All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the Mint Media Design web site is copyrighted to Mint Media Design. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by Mint Media Design are for the use of the authorized client. All art, images, designs, and material are copyright of Mint Media Design and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of Mint Media Design and the images contained within.
All material featured on Mintmedia.ca are offered for individual or commercial information only and as such are offered on a 'as is' basis. Any other use of graphic material found on the Mintmedia.ca site including mirroring or copying any part of the site is prohibited without the express written consent of Mint Media Design or their authorized representatives.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the Mint Media Design web site. Any form of reproduction, electronic or otherwise is strictly forbidden without prior written consent of Mint Media Design or its agents.
If you have any questions about these terms, or would like information about licensing images and/or materials from Mint Media Design please feel free to contact us.
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