Terms & Conditions
As used herein and throughout this Agreement:
The Client is you. :)
Agreement means the entire content of this Contract for Services document, the Project Estimate document(s), together with any exhibits, schedules or attachments hereto.
Client Content means all materials, information, factual, promotional, or other advertising claims, photography, writings, code and other creative content provided by the Client for use in the preparation of and/or incorporation in the Deliverables.
Copyrights means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
Deliverables means the services and work product specified in the Estimate to be delivered by Media Nouveau to Client, in the form and media specified in the Estimate.
Designer Tools means all design tools developed and/or utilized by Media Nouveau in performing the Services, including without limitation pre-existing and newly developed software including source code, web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.
Final Works means all creative content developed by Media Nouveau, or commissioned by Media Nouveau exclusively for the Project and incorporated in the Final Deliverables, including, but not limited to, any and all visual elements, graphic design, code, illustration, photography, animation, motion design, audio-visual works, sounds, typographic treatments and text, modifications to Client Content, and Media Nouveau’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials.
1.7 Final Deliverables means the final versions of Deliverables provided by the Media Nouveau and accepted by the Client.
1.8 Preliminary Works means all creative content including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by Media Nouveau and which may or may not be shown and or delivered to the Client for consideration but do not form part of the Final Works.
Project means the scope and purpose of the Client’s identified usage of the work product as described in the Estimate.
Services means all services and the work product to be provided to the Client by Media Nouveau as described and otherwise further defined in the Estimate.
Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of the Client.
Working Files means all underlying work product and digital files utilized by Media Nouveau to create the Preliminary Works and Final Works other than the format comprising the Final Deliverables.
Media Nouveau is respectful of clients’ privacy needs and will not disclose sensitive information shared during consultation. Marketing strategies, product descriptions, research and development data, financial information, and current or future business plans will be kept confidential.
Early in each project, Media Nouveau may produce many sketches, rough drafts, visualizations and comps. These elements are Preliminary Art created to demonstrate possible design solutions. Some of these ideas will be rejected, while some will be modified and refined. Clients do not receive licensing for or permanent possession of Preliminary Art.
Usually only one concept will be taken through to completion and upon Client approval it is designated as Final Art.
A license is a limited granting of rights from Media Nouveau to the Client to use the intellectual property comprising the Final Art in a specific way. Unless otherwise specified in our contract, Media Nouveau will grant a license for limited usage. This means that you will not be permitted to modify the work or license it to a third party without permission. In our preliminary contract, we will define whether your license is valid for specific products, in particular media, for print, interactive or environmental purposes.
We must also negotiate whether your license will be exclusive or nonexclusive. If your license is exclusive, it means that although Media Nouveau will retain ownership of the work, Media Nouveau will not grant anyone else permission to use the deliverables – only you will have permission to use them. Purchasing an exclusive license is a good way to protect your brand. Unless your license is specified as exclusive in your contract, it will be considered non-exclusive, which means that I retain the right to grant license to others who would like to use the work.
Media Nouveau retains ownership of all code written to develop, run, display or use your final deliverables. Upon receipt of payment, we will grant you a non-exclusive license to copy and use the code.
All displays or publications of the Final Art must bear copyright or credit to Media Nouveau and/or medianouveau.com.
Media Nouveau is entitled to access all completed designs, displays, installations, or exhibits under optimal circumstances in order to document, photograph or otherwise record the work for promotional purposes.
Media Nouveau retains the right to reproduce, publish and display preliminary designs as well as samples of the completed project in our portfolio, website, and marketing materials. We may choose to submit the work to competitions, galleries, periodicals, or other avenues for professional advancement.
Media Nouveau charges an hourly rate, plus expenses, for most creative services. Expenses include, but are not limited to, printing, shipping and handling, font licensing, stock image licensing, necessary software purchases, photography supplies, film development costs, and coffee. (Okay, not really the coffee part, just checking to see if you’re still awake.) Expenses will be itemized on each billing invoice.
The Client shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Media Nouveau has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
Payment is due before services are rendered.
We ask that you do not unreasonably withhold acceptance of, or payment for, your project. If, for any reason, your project must be canceled, notify us in writing as soon as possible (an e-mail is acceptable). You will be held financially responsible for the fees and expenses incurred prior to the cancellation. Upon official termination of the project, your initial deposit will be refunded less the amount owed. In case of a terminated contract, Media Nouveau will retain the rights to all art created during the design process, and should you use any of these design elements I will take legal action. You will be held responsible for the expenses and attorney’s fees in any action brought to recover payment.
Media Nouveau does not offer refunds on non-tangible, irrevocable goods such design consultation and labor, but we provide a 100% satisfaction guarantee on our designs, meaning we will work tirelessly to refine your preliminary artwork until you are satisfied with the results. (Tireless work is subject to standard hourly rates and expenses, of course.)
Media Nouveau does not offer refunds on work containing errors or omissions. It is your responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. We are happy to provide a referral to a local, professional proofreader/copy editor if you have concerns about the accuracy of your content.
Media Nouveau does offer refunds on third-party items such as domain names, stock photography or software plug-ins. You must contact these vendors directly if you are dissatisfied with their products or services.
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Document Name: Terms & Conditions
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