Terms and conditions
Below is ArtAlive Mediasoft Pvt. Ltd.,Pune standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from ArtAlive Mediasoft Pvt Ltd you agree to our Terms and Conditions and you are aware that you are entering a binding contract - payment is required. These Terms and Conditions will always be available to download or print from our website. http://www.artalive.co.in
The following expressions shall have the following meanings.
1.1 "Art Alive" means ArtAlive Mediasoft Pvt Ltd,Pune.
1.2 "Client" means any person who purchases Services and /or Products from Madison.
1.3 "Proposal/Service/Contract" means the written proposal for the Products and/or Services.
1.4 "Project" means the work specified in the Proposal once it has been accepted by the Client.
1.5 "Initial Stage" means the stage where the Project has been completed but Client review is required to check for errors.
1.6 "Fee" means the total sum due by the Client for the Products and /or Services agreed in the Proposal.
1.7 "Terms and Conditions" means the Terms and Conditions as set our in this document and any subsequent Terms and Conditions agreed in writing between Art Alive and the Client.
1.8 "Agreement" means these Terms and Conditions read in conjunction with the Proposal.
1.9 "Services" means any consultancy or other services (for Graphic Design, website hosting and emailing) which Art Alive is to provide to the Client in accordance with these conditions.
1.10 "Intellectual Property Rights" means any patent, trade mark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, knowhow, confidential information or process, any application for any of the above, and any other intellectual property right recognized in any part of the world whether or not presently existing or applied for.
1.11 "Products" means the website, artwork, designs or other products (including any installment of any products) which Art Alive is to create and /or supply to the client in accordance with these conditions.
1.12 "Deposit" means the payment of 50% of the Fee, or any other percentage which may be specifically agreed and set out in the Proposal.
1.13 "Rolling Monthly Contract" means a 12 month agreement to provide Services. This contract will automatically roll into a new 12 month agreement unless written notice is given to Art Alive by the Client by 4pm on the last working day of the 11th month.
These are the standard terms and conditions for any Design,Development and Printing .etc and apply to all contracts and all work undertaken by Artalive Mediasoft Pvt Ltd,Pune formally Known as "Art Alive" for its clients.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2.2 Our fees and deposits
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with any design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the "approval of work" and "rejected work" clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. Payment terms are net ten (10) days from the date of invoice initiation. Any amounts not paid within the ten (10) days shall be charged an interest fee of 2% for each month (or portion thereof) any such payment is late. Payments will be credited to late payments first, then to unpaid balances. Client shall pay all collection or legal fees caused by late payments. Designer may withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges. All prices quoted are valid for 10 days only and after such other time as specified in the Proposal or until earlier expectance by the Client, after which time they may be altered by ArtAlive without notice.
2.3 Rolling Monthly Contract
ArtAlive may also accept payment of Products and/or Services on a Rolling Monthly Contract. Payments due on Rolling Monthly Contact will be due on the 7th day of each month.
2.4 Additional expenses
Client agrees to reimburse Art Alive for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, Layouts & Printing Material etc. Equipment,Travel time and expenses, Meals & Accommodations (If onsite Working ) If you are going to be designing for a company in-house and meals are provided, you may want to
2.5 Supply Of Materials
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed & reference material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
2.6 Client Review
Art Alive will provide the Client with an opportunity to review the appearance and content of the Design /Development during the design phase and once the overall Design & development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Art Alive with in Development Stage. After finalization & approval of the Project will not take any responsibility.
We are pleased to offer you the opportunity to make revisions to the design/ Development. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our Design & development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of Rs.250.00 per hour.
2.8 Approval Of Work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
2.9 Project Delays And Client Liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
You are responsible for maintaining your own backups with respect to your data like Graphic files, Web data etc and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
2.11 Designer tools
This deals with the issue of background technology. If any code that is proprietary to the designer is necessary to develop, run, display or use the final deliverables, then the designer needs to retain ownership of it while granting a non-exclusive license for the client to copy and use it. This way you can use that same technology on any other clients' projects.
2.12 Governing Law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of India. You and Art Alive submit to the non-exclusive jurisdiction of the courts in and of India under Pune jurisdiction in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
2.15 Warranty By You As To Ownership Of Intellectual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your Design / Development.
2.16 Method of Communication
All the communication is made by the Skype, Mail and Whats app ( if Needed)
ArtAlive Mediasoft Pvt Ltd hereby excludes itself, its Employees and or Agents from all and any liability from: Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production, printing, Designing & Development; Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. The entire liability of Art Alive to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Client authorizes Art Alive to record the name of the Design company, "Art Alive Mediasoft Pvt Ltd", on the base of the Printing/Web in small print/Fonts.
Risk passes to the client upon delivery of the services. The services provided will remain the property of Art Alive Mediasoft Pvt Ltd until all debts are paid in full.
2.20 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
2.21 File Delivery
After the final design is approved, the design to you as a digital files
You, the client, have ownership of the final design for use in any media application that is beneficial to your business. Art Alive retains the right to use the final logo,any design, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Art Alive permission to use client's full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client's responsibility to copyright the logo design and/or seek trademark.
2.23 Errors & omissions
Whilst all care is taken Art Alive in producing proofs and final art, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proof reading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of art is provided to Art Alive in writing - verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. Art Alive cannot issue credit or refunds.
3.1 Logo Design flyers, brochures, posters, advertisements, newsletters, postcards
Concepts: Within 7 business days of receiving your company information and deposit, Pish Posh Design, LP (PPD) will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, PPD will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at PPD's current hourly rate.
3.2 Approving Proofs/Designs/Printing
The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. The Client's final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.
3.3 Submission of Client artwork
Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client's submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense. Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork. It is the Client's responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.
4.1 Turnaround Time
Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment.
4.2 Estimate Date
All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
4.3 Quality of Printing
With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.
You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting for Printing.
5.1 Domain Names
Art Alive may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Art Alive. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
5.2 Access Requirements
If the Client's website is to be installed on a third-party server, Art Alive must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
5.3 Post-Placement Alterations
Art Alive cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
5.4 Third Party Service
The domain name & Hosting is registered in the Client's own name, with the address and contact details of the Developer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services. The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services. The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominate Whois system.
The Developer reserves the right to refuse to handle: Any media that is unlawful or inappropriate.
Any media that contains a virus or hostile program.
Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
Any media that constitutes a criminal offence, or infringes privacy or copyright.
All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touchpad's. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or handheld device due to updates/upgrades by their respective vendors.
6.1 Policies of Social Media
Art Alive has no control over the policies of Social Media like Facebook, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. Art Alive has no say with respect to the type of content that social media channels accept now or in the future.
You acknowledge that Art Alive makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
Our in-house copywriter will create ad copy text for the advertisements, we will create attention grabbing text related and best suited to your business and industry, please note we cannot guarantee the advertisements will be clicked on. Should you wish to revise / amend the ad copy text, (such as special offers),we will strive to have the ad copy amendment completed within 1 working day. We will notify you via email or telephone once the amendment has been completed.
All Social Media Packages are provided on a monthly or annual subscription basis and the Client acknowledges that subscriptions will be automatically renewed by the Company at the end of each term to avoid any interruption to service. The Client may terminate its subscription to the Services in writing giving no less than 10 business days' notice of the termination. Services will continue to be provided until such time as the existing service subscription has been provided in full to the Client (ie. until the end of the month or year for which the services have already been invoiced or been pre-paid by the client). Social Media Packages are currently offered with a minimum three month term - the right to terminate services only comes into effect once this minimum term has been completed.
6.5 Campaign Budget
The Product promotion Like Install, Like, Call, Offer having the separate Budget rather than Art Alive fee, The client may choose the separate Budget.
6.6 Social Media Marketing product
Social Media guidelines are subject to change and there may be a period where the Social Media Marketing product may need to be updated or redeveloped to accommodate this change, if at all. In no case will Art Alive be liable to you for loss of business or profits; incidental or consequential damages; or costs in excess of billing for services related to your purchase of the Social Media Marketing product, whether as a result of errors, mistakes or failure by Art Alive to perform services, or otherwise. Art Alive reserves the right, at Art Alive sole discretion, to refuse to accept any particular use of the Social Media Marketing product or to terminate any particular use of the Social Media Marketing product prior to completion at any time and for any reason. You agree that Art Alive shall have no liability of any kind to you or to any third party arising from such refusal or termination.
Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. Customer's Art Alive Social Media account may only be used by one person. Customer may create separate accounts for each person using the Services. As part of the registration process, Customer will identify an email address and password for Customer's Art Alive account. Customer's name and any other information Customer chooses to add to its profile may be available for public viewing on the Service. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. At its sole discretion, Art Alive reserves the right to refuse registration of accounts, or cancel an existing account, that it deems to be inappropriate.
Customer is responsible for any and all information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services posted or made available to others through Customer's account and for any and all activity occurring on Customer's social media account, whether posted by Customer or posted by others who have accounts under Customer's account (collectively, "Content"). Art Alive will not be held responsible for Customer's use of the Services or for any such Content.
6.9 Intellectual Property Rights
Art Alive claims no intellectual property rights over the Content Customer provides to the Service. Customer's profile and Content remain Customer's. However, Customer agrees to allow others to view and share its Content upon signing up for the Service. By making Customer's Content available to others through the Services, Customer grants Art Alive a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereinafter developed). Art Alive does not pre-screen Content, but Art Alive and/or its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Artworks may include drawings, watercolors, paintings, mixed media, ink works, etc. Photography, sculptures, textiles, craft, jewellery, glassworks and electronically produced works .etc by Art Alive and its Artist or Team
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser/Clients. If the Purchaser wishes to reproduce the Work in any form like Printing, Greeting card, Digital Media, electronic Media Calendar etc, this must be separately negotiated with the by Art Alive and its Artist or Team.
7.3 Sales of copyright
Artists can, however, sell their copyright. Sales of copyright must be put in writing; otherwise sales are invalid and cannot be legally enforced.
7.4 Reproduce an artist's work
Galleries and publishers are generally entitled to reproduce an artist's work in order to help sell it - through advertisements, catalogues, JPEGs for emailing to clients and uploading onto their website - but they are not entitled to profit from reproductions of a work.
Owners of copyright can sell reproduction rights, or a license to print, for specific projects while still retaining copyright.
7.6 Under Sign of Artist & stamping on backside itself a declaration of copyrights & solo property of the artist even after selling
ArtAlive Mediasoft Pvt Ltd,Pune reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website. http://www.artalive.co.in