Terms and Conditions

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.mfjcreative.com/ website operated by MFJ Creative Studios.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).

Links to Other Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by MFJ Creative Studios.

MFJ Creative Studios has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that MFJ Creative Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

If a revision is a material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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.