Terms and Conditions

Client wishes to hire MFJ Creative Studios to provide services to Client as detailed in estimates or invoices. MFJ Creative Studios has agreed to provide such services according to the terms of this Agreement.  Please note that at any time, MFJ Creative Studios has the right to change and/or revise our Terms & Conditions and pricing without notice.

Schedule Parameters

Work Hours/Days: This agreement assumes work will be completed within the standard work week: Monday through Friday, 8:00 am to 5:30 pm CST.  MFJ Creative Studios is closed on all major holidays and the entire week of Thanksgiving, Christmas, and New Years.

Schedule: The work outlined in this agreement will be turned around within a reasonable, non-rush schedule to be determined, where possible, and mutually agreed upon at the start of each project. Late or weekend hours incurred to accommodate additional compressed deadlines, if needed, will be negotiated separately.  Our schedules assume timely review and response by clients of all deliverables.

Client Responsibilities

Client Responsibilities: Client and/or subcontractors will provide accurate, complete and timely information and materials to MFJ Creative Studios.  Client guarantees that they have all the necessary rights and ownership in such materials to permit MFJ Creative Studios to use them for the project.

Client Questionnaires:
When MFJ Creative Studios send questionnaires/surveys to potential clients, it is the client’s responsibility to complete all questionnaires correctly for accuracy and project clarity. 

Client Approval Process: Client will evaluate and approve all final artwork, designs, websites, and other materials requested by the client.  MFJ Creative Studios will make all efforts to ensure that no information is misrepresented. However, the client assumes all responsibility for the content. Client’s approval of all tangible materials and artwork will be assumed after the work has been submitted to client for review, unless client indicates otherwise in writing.

Client Changes: In order to avoid errors, text changes and corrections will not be taken over the telephone and must be provided electronically. Any text with extensive changes must also be provided as marked up hard copy, indicating the revised text. Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the Scope of the Services on a time and materials basis, at MFJ Creative Studios standard hourly of $75 per hour, or in an amount separately agreed upon in writing in advance of the change.  Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. MFJ Creative Studios may extend or modify any delivery schedule or deadline as required by such Changes. 

Client Contact: Client agrees that they will stay in contact with the designer throughout the timeframe of the project.  If the client goes 15 days without contact after the designer has attempted to contact the client in good faith, the project will be terminated as it is considered abandoned and all fees paid are forfeited.

Mutual Respect Between MFJ Creative Studios and Clients: Our Creative Management Team strives to go out of their way to please our clients.  We ask that client’s be courteous and respectable to the Creative Management Team’s time and creativity.  Should the client act in such a disrespectful manner, their agreement and invoice may be terminated.

Samples and Credits

Samples: MFJ Creative Studios can use samples or photographs of the work created under this agreement and the name of client for publications, exhibition, competition and other promotional purposes such as on social media platforms and our website once the project has been made public.

Credit: The following credit will be mentioned on all publicity/promotion of this project and/or our relationship, including, but not limited to, awards, competitions, press releases, etc.: (Design: MFJ Creative Studios)

Copyright Ownership: In the event that any copyrighted work(s) are created as a result of the Services provided by Designer in accordance with this Agreement, Designer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Designer and may be used in the reasonable course of Designer’s business. Permitted Uses of Product(s) Designer grants Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Designer with attribution each time Client uses Designer’s property, personal use includes, but is not limited to, use within the following contexts:

Client may not copy, duplicate, distribute, republish, or incorporate the Deliverables or allow others to copy, duplicate, distribute, republish or incorporate or use the Project.

Payment Parameters

Kick-off Deposits: Deposit payments are due before any design work begins and final payment is due before any digital files or site is launched. All other invoices shall be paid to Designer within five (5) business days of receipt by Client or as noted in the signed agreement/proposal. Invoices shall be sent to the Client every month, unless an alternate schedule is stated in the proposal. Client agrees to pay for the Services at the rates and at the times indicated in the signed proposal. All deposits are nonrefundable. All website payments and purchases for e-goods are final. We accept payment via cash, check, Paypal, or credit cards. All returned checks will be charged a $35.00 service fee.

Delays and Termination: All payments received are not refundable in the event the project or the relationship is terminated for any reason. If any part of the work for this project is delayed for longer than 15 days, MFJ Creative Studios will bill for work completed.

Consequences of Non-Payment: MFJ Creative Studios reserves the right to suspend work and/or withhold issuing any project documents if invoice payments are not received within a reasonable period of time from invoice date.

Refunds: No refunds will be provided after your project has been started.  All digital product sales are final due to the nature of customized, downloadable files and your permanent access to them once they’ve been delivered.  All services come with up to 3 revisions. MFJ Creative Studios will act on good faith to achieve client’s expectations and will issue a refund at our sole discretion.  If a refund is issued, it may take up to 30 days to receive the refund. 

Fraudulent Transactions: In the event fraudulent transactions arise by the client, MFJ Creative Studios reserves the right to pursue any legal and equitable remedies.  A fraudulent transaction is an unauthorized transaction on a debit/credit card, ACH, check, or any other banking transaction not belonging to client or an attempt to receive services without payment by filing a fraud claim after services has been delivered.

Failure to Perform Services

In the event MFJ Creative Studios cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

a)    Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
b)    Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
c)    Excuse Client of any further performance and/or payment obligations in this Agreement.

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

a)  A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
b)  War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
c)  Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

General Provision

The laws of Alabama govern all matters arising out of or relating to this Agreement, including torts.

Severability

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Digital Files

Length of Storage: MFJ Creative Studios agree to store all final digital files created for client for a maximum of three years.

Retrieval Fee: MFJ Creative Studios will charge $325 to retrieve/transfer any elements of our digital files from archive at the request of client, providing related usage rights have been negotiated.

File Requirements: If a client has specific requirements for how project files must be prepared, client must communicate this, in writing, to MFJ Creative Studios before the project begins.

Legal

MFJ Creative Studios has a Legal Management Team on standby in case the following events may disrupt workflow:

Fraudulent Chargebacks
Communications Harassment (by Phone, Email, Text, Social Media)
Fraudulent Online Ratings and/or Reviews


Such actions will result in legal action.

Right To Decline Services

MFJ Creative Studios reserves the right to decline any project or client.  We will not accept any project that promotes hate, racism, gambling, nudity, pornography, violence, obscene language, harassment, distasteful acts, services, or suggestions, illegal activity, fraud, and any type of illegal trafficking.

If you have any questions about the Terms and Conditions, please contact us at info@mfjcreative.com.