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SM Design Studios Terms of Use
Revision:
07/30/2009
By using SM Design Studios's site and/or services you agree to the following (None of the following conditions shall affect the Buyer's statutory rights as a consumer.):
1. ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site") and services ("Services"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. COPYRIGHT
The content, organization, graphics, design, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, without express prior written approval, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. OWNERSHIP OF ARTWORK
Until full payment has been made, Sean Motta d/b/a SM Design Studios retains 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. Sean Motta d/b/a SM Design Studios 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.
4. PROOFING OF FINAL PROJECT
SM Design Studios shall make every effort to ensure the final product is free of any grammatical/visual and/or functional 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 grammatical/visual and/or functional errors contained in the final product. It is agreed that SM Design Studios 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.
5. PAYMENT TERMS
Invoices shall be paid in full within seven (7) days of receipt. A service fee of 18% compounded daily may be added to all invoices not paid in full within the allotted time frame. A service fee of 3% may be added to all invoices paid by credit card. Claims for defects, damages, 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 of compliance with terms, conditions, and specifications.
6. DESIGN FEE
A design fee of $250.00 may be added to any web project less than five (5) pages in length.
7. LINKS
You agree to maintain a link to SM Design Studios on the bottom of all of your web pages so long as any content SM Design Studios has created remains on your site. This link may have additional wording but must contain "SM Design Studios" and link to http://www.smdesignstudios.com. In recognition of this link SM Design Studios may maintain links to your site for promotional reasons in our portfolio or testinomial pages or throughout our site.
8. CANCELLATION
Due to the inherently custom nature of our business, a 50% deposit of the full quoted project price is due before the start of any project. In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by Sean Motta d/b/a SM Design Studios, the deposit will be forfeited, and a fee for additional work completed, based on the contract price and expenses already incurred, shall be paid by the client.
9. CONFIDENTIALITY
All correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties involved.
10. LEGAL DISPUTES
All legal disputes between any client and Sean Motta d/b/a SM Design Studios shall be conducted in Florida courts in accordance with all Florida and Federal statutes.
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