MOD STUDIO TERMS + CONDITIONS
TERMS AND CONDITIONS OF USE
Last Updated on May 23, 2020.
These Website Standard Terms And Conditions contained herein on this webpage, shall govern your use of this website, including all pages within this website. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
INTELLECTUAL PROPERTY RIGHTS
All images, text, designs, graphics, trademarks and service marks are owned by and property of May Ortiz Designs Studio, or the properly attributed party. It is a violation of federal law to use any of my intellectual property in whole or in part and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using my intellectual property immediately. You may use my intellectual property with clear and obvious credit back to my site, as well links back to the page where the materials, designs, images, text, quote or post are located when it is appropriate to do so. However, you may never claim any of my intellectual property as your own or your unique creation, even with attribution.
Charges for the Services are defined in the project quotation that the Client receives from May Ortiz Designs via email. Quotations are valid for a period of 35 days. May Ortiz Designs reserves the right to alter a quotation or decline to provide the relevant Services after expiry of the 35 days. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of thirty three (33) percent of the project quotation total before the work commences. A second payment of thirty three (33) percent is required after the client review and design sign off stage, with the remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials unless Client and Designer have agreed on another payment plan in the original contract.
The Client agrees to reimburse May Ortiz Designs for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts, stock photography, etc.
INVOICING AND PAYMENT
May Ortiz Designs shall submit invoices in line with the timescales above. Invoices are sent via email. Payment is due on receipt of the invoice by the Client. Payment for services is due by PayPal, Apple Pay, Venmo, or Check. Checks should be made payable to May Ortiz Designs and sent to home address of designer which will be securely provided to Client.
If the Client fails to make any payment due to May Ortiz Designs by the due date for payment, then, without limiting May Ortiz Designs remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 5% of due amount. Such interest shall accrue on a weekly basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on May Ortiz Designs' web space, May Ortiz Designs will, at its discretion, remove all such material from its web space. May Ortiz Designs is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Checks returned for insufficient funds will be assessed a return charge of $35 USD and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay May Ortiz Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by May Ortiz Designs in enforcing these Terms.
May Ortiz Designs will provide the Client with an opportunity to review the appearance and content of the project during the design phase and once the overall development of said project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies May Ortiz Designs otherwise within seven (7) days of the date the materials are made available to the Client.
TURNAROUND TIME AND CONTENT CONTROL
May Ortiz Designs will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon May Ortiz Designs receiving initial payment, unless a delay is specifically requested by the Client and agreed by May Ortiz Designs. In return, the Client agrees to provide May Ortiz Designs promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by May Ortiz Designs for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid May Ortiz Designs with progressing the commission in a satisfactory and expedient manner. During the project, May Ortiz Designs will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.
At May Ortiz Designs, I take your investment seriously, and I appreciate if you took my investment of time and resources into your success seriously as well. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. May Ortiz Designs reserves the right to charge 5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date. After 30 days of outstanding payment, May Ortiz Designs reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
May Ortiz Designs may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time I feel you have violated these Terms and Conditions, then I will immediately terminate your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access of my website, and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to my site.