Terms & Conditions

For each order that you place at MaryDes Designs Ltd the following terms and conditions are applicable and you confirm that you have read and accepted them.

MaryDes Designs Ltd, 6-9 Trinity Street, Dublin 2, D02 EY47, Ireland,
further mentioned in this document as MaryDes
You, who give the order,
further mentioned in this document as the Client,

agree to the following Terms & Conditions:

Work: MaryDes agrees to produce designs (the “Work”) at the request of the Client for fees agreed upon in advance and mentioned in the MaryDes price list valid at the time of the order of the Work. MaryDes agrees that she will be the sole author of the Work, which will be original work and free of plagiarism. However, MaryDes is allowed to use royalty free stock pictures to create her designs. If any extra fee should be paid for this, MaryDes will ask approval of the Client before using them.

Revisions of the Work: MaryDes will perform a maximum of 6 revisions upon 1 chosen design for free. If more changes are requested by the Client or his author, MaryDes can charge an hourly rate of $38 extra. Changes necessary due to MaryDes designing errors are not counted.

The Client also agrees that MaryDes holds no responsibility for any amendments made by any third party, before or after a Work is delivered.

Delivery of the Work: After a work is completed, Marydes will deliver all files necessary for the purposes of the assignment. Book cover designs will be delivered print ready for the POD or other printing service desired by the Client unless otherwise stipulated by the Client.
If Photoshop files are delivered they will be layered to enable other designers to easily take over designing work.

Design Project Completion MaryDes considers the Work project complete upon request for the final files by the Client and delivery of it by MaryDes, and the delivery of the book trailer or full website by MaryDes.

Copyrights and Trademarks:
By supplying text, images and other data to MaryDes for inclusion in the Client project, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

By supplying images, text, or any other data to MaryDes, the Client grants MaryDes permission to use this material freely in the pursuit of the Work:

Should MaryDes, or the Client supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium or project believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow MaryDes  to remove and/or replace the file in the Work.

 

The customer agrees to fully indemnify and hold MaryDes free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Confidentiality: MaryDes acknowledges that she may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. MaryDes agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to MaryDes before this Agreement is signed or afterward.

Transfer of rights: Copyright is retained by MaryDes on all design work including words, pictures, trailers, websites, ideas, visuals and illustrations until all fees and costs have been settled and on receipt of final payment for the commissioned work.

If a choice of design is presented, only one solution is deemed to be given by MaryDes as fulfilling the contract. All other designs remain the property of MaryDes, unless agreed in writing that this arrangement has been changed.

The Client shall be entitled to have ownership of all final artwork created during the project, for the purpose for which it was developed, and upon full payment of the agreed fee. In exception of this, and to prevent unauthorized duplication, MaryDes retains all copyrights on all other usage of her designs (banners, pictures,…)and video footage, unless otherwise agreed. In this case client only receives limited user rights connected to each design, or other Work, he has ordered and does he not possess the right to reproduce the Work, sell and transmit or distribute in any form without the express written agreement with MaryDes.

MaryDes may still use paid-for concepts in its promotional materials, on social media, and in its design portfolio.

Licensing Any design, copywriting, drawing, idea or code created for the customer by MaryDes, or any of its contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form, other than it was meant for in this agreement, without the express written consent of MaryDes and any of it’s relevant sub-contractors.

 

Losses

All design work- where there is a risk that another party make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. MaryDes will not be held responsible for any and all damages resulting from such claims. MaryDes is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold MaryDes responsible for any such loss or damage. Any claim against MaryDes shall be limited to the relevant fee(s) paid by the customer.

 

Data Formats The client agrees to MaryDes definition of acceptable means of supplying data to the company.

Text is to be supplied to MaryDes in electronic format as standard text (.txt), MS Word (.doc, docx) and PDF via e-mail or using online file services (like WeTransfer).

Images which are supplied in an electronic format, are to be provided in a format as prescribed by MaryDes via e-mail or using online file services. Images must be of a quality suitable for use without any subsequent image processing, and MaryDes will not be held responsible for any image quality which the client later deems to be unacceptable. MaryDes cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration: Any indication given by MaryDes of a design project’s duration is to be considered by the Client to be an estimation. MaryDes cannot be held responsible for any project over-runs, whatever the cause.

Rights of Access for Website Construction The client agrees to allow MaryDes all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow MaryDes access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply MaryDes with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website Design Only Once web design is complete, MaryDes will provide the customer with the opportunity to review the resulting work. MaryDes will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to MaryDes by e-mail.

MaryDes will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

 

Rights of Refusal: MaryDes will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. MaryDes also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that MaryDes does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow MaryDes to remove the contravention without hindrance, or penalty. MaryDes is to be held in no way responsible for any such data being included.

Book trailers: All book trailers are based on existing footage, either bought or free footage found by MaryDes or delivered by customer. The request for book trailer creation is submitted to MaryDes who will decide on acceptance of the order. MaryDes has the right to reject book trailer orders for any reason, but in particular because no sufficient relevant footage can be found, production time will exceed normal production time estimated in the offer, or the Client did not provide enough information. The Client is responsible for all copyrights on the footage delivered by him.

For type 4 ulterior book trailers, a script will be send to the customer for his acceptance. Customer can alter or even reject the script. If a script is altered or rejected, MaryDes has the right to refuse the order.

After creation, the customer can ask for minor changes. This is limited to correction of textual errors. In no event can, without payment of a surcharge, deviated from the script approved by the customer, unless with the consent of MaryDes.
The client or his author is not allowed to use parts of the trailer in other productions or for other reasons than the trailer was created for.

Cancelation:
A Client can cancel his Work at any time during the process, by mail to our Dublin Office or email.

If a Work is cancelled by the Client (or his author),  a compensation of 80% of the expected fee is due and all rights on the delivered or created work so far retains with MaryDes.
In this case, Client is not allowed to use drafts or any other material created by MaryDes concerning his assignment in any way.

Any work that cannot be completed within 3 months because the Client does not deliver the necessary information, texts, images or anything else needed to finish the work, will be considered as cancelation of the Work and the compensation mentioned above is due.

The Client can ask to resume work at a later time. If MaryDes accepts, the remaining amount (20% of the agreed price) will be due. Be aware that sometimes MaryDes can’t resume the  Work because needed files can be missing over time and therefore MaryDes can never be forced to resume the Work and can’t be hold responsible for this, in any way.

Payments: After the Work is completed and the files are transferred to the Client, payment is due.
For practical reasons the fee will be transferred to the Client’s account bundled and billed with any other payments due, every 14th and 30th of the month.  Client will receive a payment request by email and can pay by credit card or PayPal. Invoices must be paid at the latest 14 days after date of invoice.

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Publication and/or release of work done by MaryDes on behalf of the client, may not take place before cleared funds have been received.

Default An account shall be considered default if it remains unpaid for 30 days from the date of invoice. MaryDes shall be considered entitled to remove MaryDes and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. The Clients whose accounts become default agree to pay MaryDes all legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Disclaimer MaryDes makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MaryDes will not be held responsible for any and all damages resulting from products and/or services it supplies. MaryDes is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold MaryDes responsible for any such loss or damage. Any claim against MaryDes shall be limited to the relevant fee(s) paid by the Client.

MaryDes reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MaryDes will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

Force Majeure: Since often projects are put on hold due to waiting for the Client’s response, MaryDes  cannot hold responsible to comply with Printers Terms and Conditions which include disclaimers for non-completion on time.

MaryDes shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of MaryDes. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

 

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MaryDes Designs Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by MaryDes Designs Ltd and validated by the customer’s signature on the estimate or quotation form, or returning the estimate and quotation by email where you accept the estimation/ quotation and these terms and conditions,  constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and MaryDes Designs Ltd.

An order can also be given via regular email, without a prior quote, and no signature is required.
In all cases, as soon as MaryDes performs activities of the Client, it will be considered that the Client has accepted and approved the Terms & Conditions of MaryDes Designs Ltd.

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