terms & conditions

general

  • You agree to read the terms and conditions carefully before using M&O. Continued use of M&O indicates your acceptance of such terms and conditions
  • All M&O proposals are valid for 30 days only
  • Monthly fee for Social Media Maintenance must be paid on or before the 5th of each month
  • Client must approve in writing all material before printing. M&O is not responsible for any printing error after written approval
  • Any changes or additional requests after project commencement or beyond the agreed scope of work will be billed separately at $85/hour

graphic & web design

  • Client will suggest colors, fonts and ideas of what they like and want
  • M&O will accept only 2 changes on one item
  • It is understood and agreed that the services described herein include advice and recommendations, but all decisions in connection with the implementation of such advice and recommendations shall be the sole responsibility of and made by the client
  • Logo Design:
    • M&O will provide 3 different mockups for the logo design
    • Client will review the logo design and will send comments/changes to M&O.
    • M&O will do the changes and provide the final logo design
    • The final logo will include the version in: full color, black and white,
      PANTONE® colors and in vectors format
  • Web Design:
    • Domain: Client will provide the domain name for the website. M&O may assist and suggest different domain options, but it is the client’s responsibility to notify us of the selection, and pay directly for the name registration
    • Hosting: Hosting is not included in this proposal
    • M&O will provide 3 different mockups for the look and feel of the website. After a look is defined and the mockup is approved and signed, M&O will start building the site
    • Content/Text: Each Link/Webpage should be no longer than 300 words or less
    • Photos/Images
      • M&O is not responsible for the copyright of any images send by the client. It is the sole responsibility of the client to ensure that any intellectual property (Content, Photos, Artwork, code, etc.) that they provide is owned by them in accordance with copyright laws. M&O cannot be held responsible for any copyright violations or resulting fees due to content, reproductions and images provided by the client
      • Client will provide all images and photos for the website in a high-resolution format. Client will also provide all text content for all the pages of the site. If content is not delivered by the time agreed between both parties, M&O will start building the site without the content and deliver the project with blank pages for those pages that are missing the required content. Upon completion and delivery, the next payment scheduled according to the above specified payment terms will be due and the site will be delivered as completed. Once the site is delivered, any changes or additional requests will be billed separately at $85/hour
      • Enhanced Retouching is available for an additional $85 per image upon review of each image

shopping cart

  • M&O will, assisted by our programming team, create a custom shopping cart ore use a customizable template for that function, upon special request of the client. Client understands that the option to  use a customizable template has inherent design limitations
  • M&O will upload the first five items provided that client produces an excel sheet with the following columns: Name of product, Description, Product type, Product vendor, Inventory quantity and price. Client is responsible of uploading the rest of the products via web administration unless it is agreed and requested otherwise.
  • The client is responsible for payment of the shopping cart’s monthly fee.

Exclusions. Prices quoted are exclusive of (1) postal charges, federal express, couriers, facsimile charges, long distance telephone charges, and other costs of project specific communications, (2) costs of purchasing or licensing graphics and stock photography, sound or other content from third parties, (3) cost of advertising services from third parties, (4) cost of any form of production such as but not limited to: Printing – Printing Production – Photography, Broadcast or Radio Production – Art Direction for Photography, Broadcast or Radio Production – Voice Talent – Talent, (5) cost of any production related materials such as but not limited to: Mock Ups – CD/DVDs – Blue Proofs – Digital Photography Retouching – High Resolution Scanning, (6) Cost of media, public relations, direct marketing, promotions, events, and any other costs relating to the promotion of the client, (7) cost of acquiring research material such as market research by third parties. (8) Permits that may be necessary to obtain permission from governing entities for the purpose of photographic shoots, outdoor artwork installation, etc. (9) Travel expenses including airfare, lodging, transfers and meals if required or deemed necessary for the execution of this project are not included and will be billed separately. (10) Any tax, duty or other levies. (11) Travel expenses and extra working hours during working trips are not considered in this Proposal, and should be charged extra according to client needs.

Limitation of Liability. M&O warrants that the services described in this proposal will be provided in a professional manner. Other than this warranty, M&O makes and the client receives no express or implied warranties, including without limitation any express or implied warranties of merchantability or fitness for a particular purpose. The client understands and agrees that any liability of M&O regarding the design and creativity services provided for its project shall be limited to the amount of fees actually received by M&O in connection with the design and creativity services provided for its project, and shall not include any special, incidental, consequential or punitive damages, any damages based on injury to person or property, or any lost sales or profits.

Third party claims. M&O shall not be liable for claims made against the client or M&O arising out of services provided to the client by M&O, and the client hereby indemnifies and holds M&O harmless from and against any and all claims, of every nature or type that may be brought or asserted by any other party.

Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any litigation shall be in Miami.

Scope. Any additional projects or services requested by Client and not outlined in the Scope of Services of this agreement, will be subject to a separate agreement and compensation arrangement.

Revisions. Revisions to each job are contemplated in the present scope and limited to 2 client-initiated revisions per job. Additional revisions will be billed at the hourly rate of $85.

Entire Agreement. The foregoing constitutes the entire agreement between Agency and client with respect to the subject matter contained herein, and supersedes all other prior written or oral agreements and under takings with respect to such subject matter. This Agreement is not subject to cancellation or modification after execution and signature, except by mutual written agreement.

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