The following are the “Terms and Conditions” which govern the delivery of Unlimited Graphic Design Services (hereinafter “Service”), provided by MIZIE ISMAIL DESIGN PLT a company organized and existing in SELANGOR, MALAYSIA with office(s) located at C-07-03, GARDEN SHOPPE @ ONE CITY, JALAN USJ 25/1C, 47650 SUBANG JAYA, SELANGOR DARUL EHSAN, MALAYSIA, (hereinafter, “MID”) to [CLIENT COMPANY] a company organized and existing in [CLIENT STATE], with office(s) located at [CLIENT ADDRESS], which is executed by and between the parties and references these Terms and Conditions.
1. AGREEING TO TERMS
By signing up as a client of Mizie Ismail Design PLT, you agree to be legally bound by these conditions. Please read these terms and conditions carefully. If you do not agree with ALL of these terms upon signing or at anytime upon commencement of service, then you are expressly prohibited from signing up and must discontinue your subscription immediately. The terms and conditions set forth in this agreement shall be effective on the date of last signature and continue for an unlimited period of time or upon termination.
2. FEES, REFUNDS AND NO-RISK GUARANTEE
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full each month prior to any services being rendered by MID under this Agreement. You further agree that the payment of fees shall be made on each anniversary of your registration date. Proof of payment may be submitted electronically to firstname.lastname@example.org. Your on-going projects and files related may be suspended in the event of non-payment. At such event, MID is not obliged to continue its services to you. You may cancel our services at anytime either by contacting email@example.com or by speaking to a representative. Upon cancellation, you will continue to have access to the services through the end of your paid billing term. No refunds shall be made should you cancel your subscription prior to the end of your billing term.
MID shall be responsible for the payment of all taxes and applicable to any compensation paid to MID, and will not withhold you to pay for any federal, state, or local income taxes related to the service performed. MID shall be responsible for all expenses incurred in performing the service unless otherwise agreed to in writing.
3. CONFIDENTIAL INFORMATION/NON-DISCLOSURE
We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your behalf and will not share any information provided with anyone outside our organization, except when such disclosure is required by law or subject to you giving prior notice to MID to allow it to seek protective or other court orders. Confidential information does not include (i) information already known or independently developed by you; (ii) information in the public domain through no wrongful act of yours (iii) information received by MID from a third party who was free to disclose it; (iv) information disclosed to a third party by the owner without restriction.
You own all graphics and files we create for you during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to us are proofed and approved to be used in your designs, and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to MID that all materials provided do no infringe on the intellectual property of third parties.
You agree to indemnify, defend and hold harmless MID and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
5. RELEASING COMPLETED WORK
We hold ourselves to a high standard of deliver and would never intentionally submit final files with errors to you. However, in a rare event that you do receive a file with errors, kindly notify us promptly and we will do our best to quickly make the revisions and re-submit to you. MID is not liable for any loss of business or loss of revenue incurred from errors or omissions in our design files. Please make sure you check the design before ordering print or finalizing for marketing.
6. WORKS AND DELIVERY OUTPUTM
You may submit as many design requests as you humanly can and all requests will be stored on our management records and prioritized accordingly. While we can accept unlimited requests and revisions, our output depends on many factors, namely depending on the total request volume and complexity. Our team will work on one/two/depending on your package design at a time for you, including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can proceed. You can also Pause or Cancel a project if you no longer wish for that project to be completed, by notifying our representative assigned to you. Pausing or cancelling a project will instantly stop its production and allow our team to move onto the next project in line.
7. ABUSING THE SERVICE
Unlimited Design by MID is designed for the reasonable use of a single party from a non-creative based business. We are not meant to replace a department of full-time graphic designers – so use your common sense! If we find that you are not in alignment with out model, sharing accounts or payment bill, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic related, we reserve the right to terminate your account with us. Your right to use the service shall terminate upon your breach of any term of this Agreement.
8. SAMPLE WORK
By default, you agree to provide MID with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to firstname.lastname@example.org
9. REQUEST SUBMISSIONS AND DELIVERY OUTPUT REFINED
We will begin working on your request as soon as we receive it. However, requests or revisions that are unclear, vague, missing required assets and information or requires further discussions with you, will not start immediately until all is in the clear. So, how fast we work also depends on how fast you respond and how clearly you describe the job. Our tip is to KISS! – Keep it super simple. Normally, any request or revision received before 6pm (UTC +8) will be processed that business day. This does not apply to Sundays and Public Holidays unfortunately, our creativity needs break too! Requests made during these times will be processed the next business day. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
10. LIMITATION OF LIABILITY.
In no event shall MID or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption), regardless of the cause of action, in tort, contract, or otherwise, whether arising out of the use of the service, even if MID or MID authorized representative has been notified orally or in writing of the possibility of such damage.