TERMS OF SERVICE FOR MADHAT STUDIOS

  1. GENERAL AGREEMENT:
  2. This website is operated by MadHat Studios. Throughout the site, the terms “we”, “us” and “our” refer to MadHat Studios. "Services" and "Products" refer to consumer involved transactions. MadHat Studios offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
  3. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, or entering into services provided by this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
  4. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  5. Our store is hosted on Duda. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
  6. ONLINE SITE AND STORE TERMS
  7. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  8. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. You must not transmit any malware or viruses or any code of a destructive nature.
  10. A breach or violation of any of these Terms of Service will result in an immediate termination of your services without a refund.
  11. GENERAL CONDITIONS
  12. We reserve the right to refuse service to anyone for any reason at any time.
  13. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  14. You agree to NOT reproduce, duplicate, copy, sell, resell or exploit any portion of the Service(s), use of the Service(s), or access to the Service(s) or any contact on the website through which the service is provided, without express written permission by us.
  15. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  16. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  17. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting a primary staff member for more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  18. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  19. MODIFICATIONS TO THE SERVICE AND PRICES
  20. Prices for all products/services are subject to change without notice.
  21. We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice at any time.
  22. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  23. PAYMENT POLICY:
  24. All quotes given are only estimates. Final invoices will reflect additional revisions above included work agreement. Along with additional revisions, a quote does not include transaction fees or the cost of stock photos.
  25. A 50% deposit of the quoted design items (plus 100% of any production items, if applicable) is required for all new projects with the exception of websites and video creation for any service booked more than a week in advance. Within a week's scheduled time, the full amount of rendered services will be due before work on the project will begin.
  26. Rush Fee (Advanced in a schedule, during non-business hours, and/or in reduction of typical turnaround time) – $100.00
  27. Typical Turnaround Time without time-pauses from client:
  28. Book Covers – 40 Business Hours (from start of scheduled time)
  29. Interior Formatting – 40 Business Hours (from start of scheduled time)
  30. Book Trailer – 40 Business Hours (from start of scheduled time)
  31. All other graphics – 40 Hours (from start of scheduled time)
  32. Website Design - 60 Hours (from start of scheduled time)
  33. All invoices must be paid in full prior to the start of any project. For any additional fees incurred during the process of the project, the client will be notified before extra work commences. If there is an outstanding balance at the end of an approved project, final art files will not be delivered until the invoice is settled.
  34. For additional fees incurred during a project, the invoice must be paid within seven days of receipt. If not, the invoice will go into "Late Status."
  35. Late Status: After 10 days of the invoice date, a late payment charge of 25% of the project’s remaining balance will be applied to the invoice for every week for up to three months. After 60 days of the invoice date, a $200.00 fee will be applied to the invoice.
  36. Failure to pay for work that has been requested by Client may generate legal fees, as well as involvement with MadHat Studios' legal representation. After the 60 day mark, communication will cease until legal representation steps in.
  37. DELIVERABLES:
  38. MadHat Studios will make all realistic efforts to deliver concepts and revisions to the Client within the timeframe agreed upon. MadHat Studios will email the initial designs for review by the Client. The Client will then be able to view the designs and provide feedback concerning the design.
  39. MadHat Studios IS NOT responsible for storing exclusive images from a third party. The image will be incorporated into the client-planned design and the altered raw file will remain within MadHat Studios' property unless purchased outright.
  40. MadHat Studios DOES NOT supply company purchased raw photos to a client, nor the use or information regarding a company chosen font. Individual layers of artwork from within a raw design is proprietary of MadHat Studios unless purchased by client.
  41. For Book Covers, up to three revisions will be included in the quoted price. Beyond the third revision, there will be a $35.00 fee per revision. (Minor requests via email are included within this revision policy)
  42. For Interior Book Formatting projects, there will be one revision included in the quoted price. Anything beyond one revision will be a $35.00 fee per additional revision(s).
  43. For Graphical Promotions, there will be one revision included in the quoted price. Anything beyond one revision will be a $20.00 fee per additional revision(s).
  44. For Branding Creation, there will be four original concepts to choose from plus two revisions on one the chosen concept. Any additional revisions will incur a $35.00 fee. Additional finalized concepts beyond the one chosen, will also incur an additional fee.
  45. Editing - A one-page sample edit will be offered upon request. Additional rounds of editing will incur an additional cost, but will be discussed prior to restarting.
  46. For any other product requiring custom work, there will be one revision included in the quoted price. Anything beyond one revision will incur a fee based on the total time needed to complete the revisions.
  47. COPYRIGHT AND OWNERSHIP:
  48. The client guarantees without condition that any element of text or graphics given to MadHat Studios for inclusion in the design do not breach any copyright or trademarks that have been established by any other organization. The Client will offer risk-free materials and protect MadHat Studios from any claim or suit in a result from use of any unlicensed digital items.
  49. Copyright of a rendered service that resulted in any type of file format is owned by the purchasing client. The copyright CANNOT be transferred without permission from MadHat Studios. MadHat Studios has the right to charge a fee up to the amount of $150.00 to transfer the copyright or add an additional copyright owner.
  50. Exclusive Photos: If an exclusive photo is used by a photographer, a release form must be presented with the name to credit the photo too.
  51. MadHat Studios designs custom artwork to ensure that each concept is original.
  52. MadHat Studios will not be held responsible for any legal action that may result from improper usage on the availability of font or images given by the Client for use.
  53. Ownership of the final flattened artwork becomes the full property of the Client once the final invoice is paid in full. Until all fees have been paid, all materials (files) remain the property of MadHat Studios.
  54. Ownership of the raw artwork and internally created layers and files will remain in possession of MadHat Studios unless purchased for a flat rate of $500.00 along with a signed contract to transfer ownership. To purchase the raw file, please contact us at info@madhatstudios.com
  55. MadHat Studios retains the right to display the work in their portfolios. Unless otherwise communicated, all stock photography is used under royalty-free license of MadHat Studios. The Client does not have legal rights to use the photography flattened within a cover’s artwork. Exclusive rights photography is available, but will incur additional cost. Photos may also be supplied by Client, who, in which, will maintain rights to their photos.
  56. FILE ARCHIVE POLICY:
  57. MadHat Studios will archive all artwork for six months and retrieve flattened purchased files for clients without a charge.
  58. After twelve months, there will be a $25.00 fee to retrieve archived files.
  59. After twenty-four months, MadHat Studios is not responsible for holding the raw file in storage (possible exceptions can be made if discussed prior to the twenty-four month mark).
  60. ARTWORK CREDIT:
  61. MadHat Studios requires that credit be given in the form of “MadHat Studios” on any ebook and paperback/hardback copy, as well as the photographer of any exclusive photos.
  62. DRAFT PROCEDURES:
  63. All draft concepts previewed by the client are for client review and comment purposes only. Until final balance is received by MadHat Studios, all artwork, concepts and designs remain the copyright and exclusive property of MadHat Studios. The client is granted unlimited and unrestricted use of the design upon full payment of all fees. MadHat Studios retains the rights to concepts, comprehensives and artwork involved in the design process prior to the final deliverable, and is granted the right to display these designs in promotions unless exclusion is requested via email by the client. Once the final balance has been paid and the final files have been delivered, the project is considered closed. The project can be reopened with a revision fee schedule.
  64. Projects should be completed within a year of the original start date between both the Client and MadHat Studios. For book covers without a final page count, blurb, or other missing information, additional fees for storage and archive for the time to dearchive and restore files will be added after a year has passed without additional work made to the cover design. *This does not pertain to pre-made covers.
  65. CANCELLATION/REFUNDS:
  66. Once a deposit has been paid, there will be no refunds, but a time change can be arranged.
  67. Once a payment has been made and the project has begun, there will be no refunds given.
  68. Once a project has begun, there will be no refunds given.
  69. Once a project is completed, there will be no refunds given.
  70. If the total amount for the uncompleted project had already been paid, MadHat Studios is not responsible for further work once separated, per the client’s request.
  71. ADDITIONAL INFORMATION:
  72. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  73. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  74. We reserve the right and are not obligated to reopen a closed project that has been delivered and paid for in full.
  75. We reserve the right and are not obligated to reopen a closed project that has been delivered and not paid in full.
  76. We reserve the right to decline inquiries after a formal separation has been determined.
  77. ACCURACY OF BILLING AND ACCOUNT INFORMATION:
  78. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  79. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  80. OPTIONAL TOOLS:
  81. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  82. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  83. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  84. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  85. THIRD-PARTY LINKS:
  86. Certain content, products and services available via our Services may include materials from third-parties.
  87. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  88. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  89. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
  90. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  91. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  92. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  93. PERSONAL INFORMATION:
  94. Your submission of personal information through the store is governed by our Privacy Policy.
  95. ERRORS, INACCURACIES AND OMISSIONS:
  96. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  97. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  98. PROHIBITED USES:
  99. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  100. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
  101. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  102. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  103. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  104. AGREEMENT:
  105. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  106. In no case shall MadHat Studios, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  107. INDEMNIFICATION:
  108. You agree to indemnify, defend and hold harmless MadHat Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  109. SEVERABILITY:
  110. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  111. MadHat Studios may sever an agreement if there is a refusal of completed work files.
  112. “Refusal” defines: a rejection of all concepts/revisions or thirty+ days without a response to a concept/revision after included concepts/revisions have been completed, and/or any additional (pre-paid) revisions have been completed. Client is still required to settle the remaining balance after refusal of accepted work.
  113. MadHat Studios may sever an agreement and communication without warning if the Client makes legal threats, harmful threats, false accusations, threatens to/or takes part in defamation against MadHat Studios.
  114. MadHat Studios will not continue work on any Service(s) with a client who chooses to use bullying as a measure of gain within their project needs. A warning will be given before an agreement is severed. MadHat Studios is not be liable to offer a refund to any Client utilizing this form of behavior (i.e.: slander, name-calling, threats, verbal abuse, excessive spamming for purpose of proving a point or gaining a satisfactory response through social media or email).
  115. Client may sever an agreement if MadHat Studios is unwilling or unable to provide additional revisions without offering the client an opportunity to pay for the appropriate additional concept(s)/revision(s) fee(s).
  116. If MadHat Studios parts ways from a client (via email-only) per the client, all files will be removed from storage and no longer accessible.
  117. If the client chooses to part ways from MadHat Studios before a project has been completed, the total amount is still due. Late fees will incur to unpaid invoices.
  118. TERMINATION:
  119. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  120. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  121. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
  122. ENTIRE AGREEMENT:
  123. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  124. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service(s) constitutes the entire agreement and understanding between you and us and govern your use of the Service(s), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  125. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  126. GOVERNING LAW:
  127. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
  128. CHANGES TO TERMS OF SERVICE:
  129. You can review the most current version of the Terms of Service at any time on this site.
  130. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  131. CONTACT INFORMATION:
  132. Questions about the Terms of Service should be sent to us at: info@madhatstudios.com.


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