By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of Maxorg Designs, until fully paid for.
The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Maxorg Designs. The Client is more than welcome to combine elements from the different looks to create a FINAL look within three (3) revision rounds. The Client will then approve/sign-off on the final design strategy.
Maxorg Designs is not responsible for contracting other creative professionals to provide services that are not offered in-house.
No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement unless requested by The Client at a later date.
Third Parties to consider:
• Photographers • Videographers • Copy Writers • Printers
Maxorg Designs cannot be held responsible for any loss or damages occurring after final version of artwork is delivered to supplier! Please review final artwork and required proof prints through suppliers before commencing with projects.
PRINTING IF SUPPLIED BY MAXORG DESIGNS ON REQUEST OF CLIENT:
Printing time is not guaranteed and Maxorg Designs cannot be held liable for any damages that may result from the late delivery of any product or material. Final printed colours may vary from proofs and computer monitors. The client is responsible to obtain a colour matching integrity proof from the Print Supplier to check colour, text placement and spelling for every print-ready design. Whilst all care is taken in preparing print-ready documents, Maxorg Designs accepts no responsibility for designs that do not print correctly.
Due to the fact that a lot of time, effort, and dedication goes into providing The Client with the perfect design, The Client is required to pay a 50% deposit (downpayment) prior to work commencing.
The project will only be scheduled and uploaded to the workflow system when the deposit (downpayment) is received by Maxorg Designs.
The deposit (downpayment) is non-refundable.
The remaining 50% is payable to Maxorg Designs upon completion of the project. Original artwork would only be supplied to The Client after the final deposit is made.
Please note that this is a strict Company policy.
If, after the project has commenced, proofs have been sent through and completed within 60 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by Maxorg Designs.
All projects includes 3 Revision Rounds. Should extra revision rounds be required a separate quotation will be supplied accordingly. Maxorg Designs cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that Maxorg Designs estimate, they’ll need to accomplish everything as requested to be achieved. Additional estimates can be requested for any further or additional changes to be implemented. The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.
New work requested by The Client and performed by Maxorg Designs after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, Maxorg Designs will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.
Designs that are fully paid for, will be supplied to The Client in all required formats.
Formats Include:
Maxorg Designs is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted for separately if requested for by The Client.
Maxorg Designs is not responsible for errors and omissions supplied and/or approved by the client. E&OE.
Maxorg Designs is not responsible for proof reading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required on all artwork prior to release for printing, digital publication, or other implementation.
A Note on Deadlines:
Maxorg Designs works to acceptable deadlines (unless a disaster strikes). In order to do this for you, however, it is important that you hit every deadline, too. We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting the content for your design project in a timely manner—typically before any design can begin. Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By using our services, you acknowledge your responsibilities in keeping the project on-schedule.
If The Client fails to deliver necessary content, resources, or feedback by the time Maxorg Designs deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of resources and work on the project will be delayed or may cease.
A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100 % of the total project cost. This fee will be based on hours already spent on the project.
If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by Maxorg Designs.
There upon, Maxorg Designs can choose to cease further work on the project.
Maxorg Designs has the right to use the digital formats of all completed designs for publication or other promotional purposes and for these purposes only.
All design work and photography will be allowed for use by Maxorg Designs for portfolio purposes, in exhibitions, on the website and in print for the sole purpose of advertising Maxorg Designs’ services.
Maxorg Designs can be reached by telephone, email or WhatsApp Messenger from Monday to Friday between 9:00am and 7:00pm or by a best scheduled appointment agreed upon. A 1-on-1 sit-in meeting with designer will be billed at an hourly rate of $20 USD/hour. All revisions to be supplied ONLY in written format via e-mail or Whatsapp Message. No revisions will be commenced, based on telephonic requests / discussions.
The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.
The Client agree to indemnify and hold harmless Maxorg Designs from any and all loss, cost, expense, fees, liabilities, judgments and damages (including court costs and reasonable counsel fees and disbursements of counsel) on account of any and all manner of claims, demands, actions, and proceedings (including investigations and responding to subpoenas whether or not customer or Maxorg Designs is a party, collectively “Claims”) that may be made or instituted against Maxorg Designs alleging that the job or work violates any copyright(s), trademark(s) or other property right(s) of any person or entity or that it contains any matter that is libelous or obscene or scandalous or invades any person’s right to privacy or other personal right(s), except to the content caused by recklessness or willful misconduct of Maxorg Designs. The Client agrees, at Client’s own cost and expense, to promptly defend and continue the defense of any Claims against Maxorg Designs, provided that Maxorg Designs gives the Client such reasonable time as the exigencies of the situation may permit in which to undertake and continue such defense.
In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring Maxorg Designs you’ve enlisted the expertise at how best to accomplish the goals that both parties have defined. In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.
Concepts: Within 7-14 business days of receiving your company information and deposit, Maxorg Designs will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Maxorg Designs will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three (3) rounds of revision are included in quoted price. Further revisions will incur additional costs at Maxorg Designs’ current hourly rate.
File Delivery: After the final logo design is approved, the logo design is delivered to you ( The Client ) in all relevant formats
( .png, .jpg, .pdf, and .eps graphics file formats ).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Maxorg Designs retains the right to use the final logo, or any versions of the logo created in the process, within printed and online portfolios, including promotional materials such as newsletters and advertisements. The client also gives Maxorg Designs permission to use the client’s full name, business address, and/or website address, for testimonial purposes on their website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek a trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when the final logo design is approved, but before it is delivered. The client understands that the final logo design belongs to Maxorg Designs until paid in full. In the event of termination of this Agreement, Maxorg Designs owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including the business name). Furthermore, Maxorg Designs owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Maxorg Designs reserves the right to display the logo for business promotional use.
Originality: Maxorg Designs affirms that our logo designs are original and therefore own the rights granted under this agreement and that the rights granted do not conflict with any other agreement.
Delays: Illness, injury, or other events beyond Maxorg Designs’ control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Maxorg Designs fails to complete the Logo within 60 days of deposit submission. If the agreement is terminated for any reason other than failure to deliver within 60 days, Maxorg Designs shall retain the deposit.
Performance Liability: Maxorg Designs does not warrant that the functions supplied by logo design(s), consultation, or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with the client. In no event will Maxorg Designs be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the reproduction of, or appearance of the logo, even if Maxorg Designs has been
advised of the possibility of such damages.
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 7 business days of receiving your company information and deposit, Maxorg Designs will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Maxorg Designs’ current hourly rate.
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Maxorg Designs retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Maxorg Designs permission to use client’s full name, business address, and/or website address, for testimonial purposes on their website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek trademark (www.uspto.gov/main/trademarks.htm).
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved, but before it is delivered. The client understands that the final design belongs to Maxorg Designs until paid in full. In the event of termination of this Agreement, Maxorg Designs owns the design and has the right to complete, exhibit, and/or sell the design (not including business information). Furthermore, Maxorg Designs owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Maxorg Designs reserves the right to display the design for business promotional use.
Originality: Maxorg Designs affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond Maxorg Designs’ control, such as fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Maxorg Designs fails to complete the design by any deadline that has been submitted and agreed upon in writing. If the agreement is terminated for any reason other than failure to deliver within the agreed-upon timeframe, Maxorg Designs shall retain the deposit.
Permission: The client agrees to give access to (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals set forth in the written proposal. The client also authorizes Maxorg Designs to publicize their completed Website to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.
Proposal: For any website project, a proposal shall be provided to the client which outlines the general scope of the web design project. Additionally, the proposal shall include an estimate of the costs involved to complete the project. Additional work required to the project will incur additional costs. All prices specified in this contract will be honored for three (3) months after both parties agree to this contract. Continued services after that time will require a new agreement.
Client Provisions: Client will provide all text to be used in web pages, unless otherwise negotiated. Client agrees to provide copy and any other submissions in a timely manner.
Stock Photography: Maxorg Designs agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Maxorg Designs for inclusion in the client’s website remain the property of Maxorg Designs and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Web Browsers: Maxorg Designs will verify the design and functionality of all websites on the following internet browsers: Internet Explorer 6 and 7, current versions of Firefox, and Safari. Should an update or up-version of any of these browsers results in the corruption of the website in part or in whole, the client understands that any revisions or corrections will be made at the client’s expense, billed at Maxorg Designs’ current hourly rate.
Completion Date: Maxorg Designs agrees to complete website projects within a timeframe agreed upon with the client.
Delays: Illness, injury, or other events beyond Maxorg Designs’ control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Payment: A 50% deposit is required before any work begins and the remaining payment when final web design is approved, but before it is delivered. Returned checks will results in a return-check fee of $30.00 USD. The client understands that the final website design belongs to Maxorg Designs until all invoices are paid in full. In the event of termination of this Agreement, Maxorg Designs owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business information). Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and that Maxorg Designs reserves the right to display the website for business promotional use.
Delinquency: Maxorg Designs reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.
Performance Liability: Maxorg Designs does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Maxorg Designs be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Maxorg Designs has been advised of the possibility of such damages.
Copyrights and Trademarks: The client represents Maxorg Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Maxorg Designs for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Maxorg Designs from any claim or suit arising from the use of such elements furnished by the client.
Concepts: Within 1-3 business days of receiving your project information and deposit, Maxorg Designs will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Maxorg Designs’ current hourly rate.
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins. Upon paying the first 50% deposit, the client would be eligible to receive the most important artworks within the package selected ( these artworks include: Teaser, Official Flyer, Ticket Design, Ticket Showcase ). The remaining artworks within the selected package would be provided when the final 50% is paid to Maxorg Designs. The client understands that all final designs belong to Maxorg Designs until paid in full. In the event of termination of this Agreement, Maxorg Designs owns all designs and has the right to complete, exhibit, and/or sell the design (not including event information). Furthermore, Maxorg Designs owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for event promotion and that Maxorg Designs reserves the right to display the design for business promotional use.
Originality: Maxorg Designs affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond Maxorg Designs’ control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Maxorg Designs fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, Maxorg Designs shall retain the deposit.
By submitting a deposit payment, you consent to the terms of this design contract on behalf of yourself, and/or your organization or business.
NOTE: Please be sure that you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact us.