Terms and Conditions

Terms & Conditions

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The following terms and conditions of service apply to all products and services provided by Meelah Marketing, LLC. All work is carried out on the understanding that the client has agreed to Meelah Marketing, LLC’s terms and conditions, and by signing this contract, the customer and Meelah Marketing, LLC are bound to the terms herein.

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Copyright is retained by Meelah Marketing, LLC on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Meelah Marketing, LLC as fulfilling the contract. All other designs remain the property of Meelah Marketing, LLC unless agreed in writing that this arrangement has been changed.

Project Acceptance
 

At the time of proposal, Meelah Marketing, LLC will provide the customer with a verbal estimate or quotation and instructions to complete the form by selecting the appropriate service(s). The Terms and Conditions can be read on Meelah Marketing, LLC’s website and the order form. A copy of the order form will be received via email by the client. A copy will be sent to Meelah Marketing, LLC, and indicates acceptance by Meelah Marketing, LLC. The contract will then be completed by the customer and sent to Meelah Marketing, LLC which immediately binds the client to accept Meelah Marketing, LLC’s terms and conditions. No project work will commence until the contract, the order form, and the payment in full have been received by Meelah Marketing, LLC.

Design Charges

Meelah Marketing, LLC does not complete write-ups or transpose commentary for clients. You are the visionary. Meelah Marketing, LLC simply creates that vision. I will send 2 design drafts via email. I will NOT continue production until Meelah Marketing, LLC has your approval confirmation from both drafts to do so.

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Charges for design services to be provided by Meelah Marketing, LLC will be set out in the order form that is provided to the customer. At the time of the customer’s submission of the order form, indicating acceptance to enter into a business relationship with Meelah Marketing, LLC, a non-refundable amount of 100% of the services fees selected will become immediately due. Project work will not commence until Meelah Marketing, LLC has received the total fees in full. Complementary artwork is limited to a set number of given revisions which is 2. Meelah Marketing, LLC has the right to refuse additional artwork/revisions. Meelah Marketing, LLC will run promotions using discount codes that expire after said deadline.

 

Discount codes are not transferable, and cannot be used with other promotions unless explicitly expressed by the owner.

Charges for Other Service

Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with up to 2 drafts/revisions and 1 final review of the work provided before final publication. Payments may be made via this form only. Service fee applies.

Publication and/or release of work done by Meelah Marketing, LLC on behalf of the client, may not take place before cleared funds have been received. Once payment has been made, there will be no reimbursement of funds unless explicitly agreed upon by Meelah Marketing, LLC in writing.

Default
 

An account shall be considered default if it remains unpaid for 3 days from the date of invoice. Meelah Marketing, LLC shall be considered entitled to remove Meelah Marketing, LLC 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. Customers whose accounts become default agree to pay Meelah Marketing, LLC reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images, and other data to Meelah Marketing, LLC for inclusion in the customer’s business cards, flyers, pamphlets, website, or other mediums, the customer 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.

Any artwork, images, or text supplied and/or designed by Meelah Marketing, LLC on behalf of the customer, will remain the property of Meelah Marketing, LLC and/or its suppliers.

 

The customer may request in writing from Meelah Marketing, LLC, the necessary permission to use materials (for which Meelah Marketing, LLC holds the copyright) in forms other than for which it was originally supplied, and Meelah Marketing, LLC may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

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By supplying images, text, or any other data to Meelah Marketing, LLC, the customer grants Meelah Marketing, LLC permission to use this material freely in the pursuit of the design.

Should Meelah Marketing, LLC, or the customer supply an image, text, audio clip, or any other file for use in business cards, flyers, pamphlets, website, multimedia presentations, print items, exhibitions, advertisements, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Meelah Marketing, LLC to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Meelah Marketing, LLC free from harm in any and all claims resulting from the customer not having obtained all the required copyright, and/or any other necessary permissions.

Alteration

The customer agrees that changes required over and above the estimated work or required 2 revisions to be carried out after acceptance of the draft design will be liable to a separate charge $10 charge per change. The customer also agrees that Meelah Marketing, LLC holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea, or code created for the customer by Meelah Marketing, LLC, 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 without the express written consent of Meelah Marketing, LLC and any of its relevant sub-contractors.

 

All design work- where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities before publishing or first use or searches and legal advice sought as to its use. Meelah Marketing, LLC will not be held responsible for any and all damages resulting from such claims. Meelah Marketing, LLC is not responsible for any loss, or consequential loss, or non-delivery of products or services, of whatever cause. The customer agrees not to hold Meelah Marketing, LLC responsible for any such loss or damage.

 

Any claim against Meelah Marketing, LLC shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Meelah Marketing, LLC’s definition of acceptable means of supplying data to the company.

 

Text is to be supplied to Meelah Marketing, LLC in electronic format as standard text (.txt), MS Word (.doc) in a Google Doc in its respective folder, or via e-mail.

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Images that are supplied in an electronic format, are to be provided in a format as prescribed by Meelah Marketing, LLC via the order form or a Google Drive folder. Images must be of a quality suitable for use without any subsequent image processing, and Meelah Marketing, LLC will not be held responsible for any image quality that the client later deems to be unacceptable, and reserves the right to refuse images that would be detrimental to the Meelah Marketing, LLC brand. Meelah Marketing, LLC cannot be held responsible for the quality of any images that the client wishes to be scanned from printed materials.

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Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, image, GIF, PDF, JPEG, or photography searches, media conversion, digital image processing, or data entry services. Any action taken requires $20 per action.

Design Project Duration

Any indication given by Meelah Marketing, LLC of a design project’s duration is to be considered by the customer to be an estimation. Meelah Marketing, LLC cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Meelah Marketing, LLC for the initial payment or by the date confirmed in writing by Meelah Marketing, LLC.

Rights of Access for Website Construction

The client agrees to allow Meelah Marketing, LLC all necessary access to computer systems, portals, folders, files, and other locations, as required, 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 Meelah Marketing, LLC access to any computer systems, usernames, and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

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The customer agrees to supply Meelah Marketing, LLC with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them promptly.

Design Project Completion

Meelah Marketing, LLC considers the design project complete upon receipt of the customer’s review and signed approval or emailed statement accepting approval. Other services such as printing, display panel production, film work, website uploading, publishing, etc., either contracted on the client's behalf constitute a separate project and can be treated as a separate charge. Once a project has been designed and approved as final via email or in writing, there will be no refunds. Please refer to section ALTERATION.

Project Abandonment

If after repeated attempts to begin, continue, or finalize the delivery of services, the Customer fails to participate or becomes otherwise unresponsive to Meelah Marketing, LLC’s requests for an update or check-in after 3 days immediately following the date of Meelah Marketing, LLC's initial request, the project may be considered abandoned, and Meelah Marketing, LLC will not be held responsible for a refund to the Customer as the Customer will have forfeited all rights to receive any refund for services purchased or as described in the original invoice. Meelah Marketing, LLC is also not responsible for completing any outstanding projects or work when the Customer fails to participate or becomes otherwise unresponsive to Meelah Marketing, LLC’s requests for an update or check-in after 3 days immediately following the date of Meelah Marketing, LLC's initial request. Meelah Marketing, LLC may issue customer credit for future services at its discretion.

Website Design and Maintenance

Meelah Marketing, LLC designs websites using Wix.com only. The design is for web or computer view. Mobile site design is not included and does come at the price of the website package you have selected unless otherwise discussed.

 

Wix.com functionality and hosting services are some of the reasons why this provider is preferred. If the customer chooses to use another website hosting service, Meelah Marketing, LLC reserves the right to refuse the customer's business.

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Once the web design is complete, Meelah Marketing, LLC will provide the customer with the opportunity to review the resulting work. Meelah Marketing, LLC will make one set of minor changes at no extra cost within 3 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, color schemes, or any navigation features.

 

Any minor changes can be notified to Meelah Marketing, LLC by e-mail or fax and confirmed by post. Meelah Marketing, LLC will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 3 days of the start of the review period.

Kids’ Privacy

My Website is intended for the use of adults and individuals 13 years of age and older. My Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting the Meelah Marketing, LLC Website.

Hosting Websites
 

Meelah Marketing, LLC does not offer in-house hosting services. Meelah Marketing, LLC can only suggest possible sub-contractors do not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Meelah Marketing, LLC may request that clients change the type of hosting account used if that account is deemed by Meelah Marketing, LLC to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Meelah Marketing, LLC is not liable for their payment.

Domain Registration
 

Meelah Marketing, LLC cannot guarantee the availability of any domain name. Where Meelah Marketing, LLC is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

Search Engine Submission
 

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Meelah Marketing, LLC cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits
 

The customer agrees to allow Meelah Marketing, LLC to place a small credit on printed material exhibition displays, advertisements, and/or a link to Meelah Marketing, LLC’s website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

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The customer also agrees to allow Meelah Marketing, LLC to place websites and other designs, along with a link to the client’s site on Meelah Marketing, LLC’s website for demonstration purposes and to use any designs in its publicity.

Rights of Refusal
 

Meelah Marketing, LLC will not include in its designs, any text, images, or other data that 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. Meelah Marketing, LLC also reserves the right to refuse to include submitted material without giving a reason.

 

Any images and/or data that Meelah Marketing, LLC does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Meelah Marketing, LLC to remove the contravention without hindrance, or penalty. Meelah Marketing, LLC is to be held in no way responsible for any such data being included.

Cancellation
 

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Meelah Marketing, LLC will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 3 days. Please note: any cancellation that is not formally confirmed in writing and received by Meelah Marketing, LLC within 3 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Meelah Marketing, LLC makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Meelah Marketing, LLC will not be held responsible for any and all damages resulting from products and/or services it supplies.

 

Meelah Marketing, LLC 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 Meelah Marketing, LLC responsible for any such loss or damage.

 

Any claim against Meelah Marketing, LLC shall be limited to the relevant fee(s) paid by the customer. Meelah Marketing, LLC 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. Meelah Marketing, LLC will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

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Meelah Marketing, LLC and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Meelah Marketing, LLC recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Binding Arbitration
 

The parties to this contract agree that any and all disputes that cannot be settled in good faith by the parties shall be resolved through binding arbitration using the American Arbitration Association.  It is further agreed that the cost of binding arbitration shall be shared equally by Meelah Marketing, LLC and the Client.  It shall be clearly understood that any disputes that may arise are confidential with no public comment permitted in any form by either party relating to the dispute.  The results of any Arbitration proceeding shall also be confidential with no public comment by either party permitted in any form relating to any award. The parties agree that any breach of this provision shall constitute a willful breach of contract.  

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Meelah Marketing, LLC 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 Meelah Marketing, LLC and validated by the customer’s signature on the estimate or quotation form 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 Meelah Marketing, LLC.