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OWNERSHIP OF ARTWORK
Until full payment has been made, MKMG gains ownership of all original
artwork or parts contained therein, whether preliminary or final. Upon
full payment, the client shall obtain ownership of the final artwork to
use and distribute as they see fit. MKMG retains the right to use the
completed project and any preliminary designs for the purpose of design
competitions, future publications on design, educational purposes, marketing
materials, and portfolio. Where applicable the client will be given any
necessary credit for usage of the project elements.
DEPOSIT AND PAYMENT
The client shall make a non-refundable deposit to retain MKMG to perform
services specified herein. This deposit shall be applied to reduce the
total cost of the package, but is non-refundable. The client shall pay
the balance due within 30 days of the deadline. If the client refuses
delivery of the order or refuses to pay within thirty (30) days of the
deadline date, the client shall be in default hereunder and forfeit total
amount paid to that date including all deposits and payments made.
PRODUCTION SCHEDULE/DELIVERY OF PROJECT
The client will assume any shipping or insurance costs related to the
project. Any alteration or deviation from the above specifications involving
extra costs will be executed only upon approval with the client. The designer
shall not incur any liability or penalty for delays in the completion
of the project due to actions or negligence of client, unusual transportation
delays, unforeseen illness, or external forces beyond the control of the
designer. If such event(s) occur, it shall entitle the designer to extend
the completion/delivery date, by the time equivalent to the period of
such delay.
THIRD PARTY SHIPPING
In the event any material necessary for the production of the project
must be shipped to a third party for additional processing, typesetting,
photographic work, color separation, press work, or binding, the designer
will incur no liability for losses incurred in transit, or due to the
delay of the shipper of the third party.
CLAIMS PERIOD
Claims for defects, damages, and/or shortages must be made by the client
in writing within a period of fifteen (15) days after delivery of all
or any part of the order. Failure to make such claim within the stated
period shall constitute irrevocable acceptance and an admission that they
fully comply with terms, conditions, and specifications.
PROOFING OF FINAL PROJECT
The designer shall make every effort to ensure the final product is free
of any grammatical and spelling errors, before giving the final product
to the client. It is agreed that it is the client’s responsibility
to ensure that there are no spelling or grammatical errors contained in
the final product. It is agreed that the designer is not responsible or
held liable for any errors contained in the final product after the final
product has been committed to print or posted in view of the public.
CANCELLATION
In the event of cancellation of the project, ownership of all copyrights
and the original artwork and disks shall be returned and retained by MKMG,
and a fee for work completed, based on the contract price and expenses
already incurred, shall be paid by the client.
CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential
between the client and the designer, unless both parties involved have
granted consent.
MKMG’S STANDARD PRICE LIST
The charges in this Agreement are based on MKMG’s Standard Price
List. This price list is adjusted periodically and future orders shall
be charged at the prices in effect at the time when the order is placed.
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