Terms and Conditions
By utilizing WIZEMARK web site (www.wizemark.com), design services and/or submitting a project to WIZEMARK you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with out TERMS AND CONDITIONS before submitting any order for artwork, logo design or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use WIZEMARK design services, studio or web site.
In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of logo/artwork concept(s) presented to THE CLIENT by WIZEMARK as part of THE PROJECT. In the context of these TERMS AND CONDITIONS, design revisions “REVISION(s)” shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs “FINALS(s)” shall refer to the artwork and/or logo design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of.
Beginning a new logo/design project
1) WIZEMARK will begin creation of a corporate identity logo design (THE PROJECT) upon receipt of a retainer fee from THE CLIENT that equals no less than 50% of the full billable amount as outlined in our questionnaire. Only first package (out of 5) with one concept require full payment upon submission of client brief before project will be scheduled.
Completion of new logo/design project
2) Upon completion of THE PROJECT, THE CLIENT agrees to remit the remaining balance of the project fee within 5 business days. Upon receipt of this balance, WIZEMARK agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. WIZEMARK will transfer ownership of copyright to the client, in writing, at that time. WIZEMARK retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other, not-for-pay display.
Copyright and/or Trademark
3) Due to the complexities of international copyright and trademark law, WIZEMARK will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All artwork designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.
Client supplied material
4) THE CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply WIZEMARK this permission, in writing, if requested. THE CLIENT also agrees to indemnify WIZEMARK in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of THE PROJECT, client warrants that any subsequent artwork supplied by THE CLIENT to WIZEMARK is the property and/or copyright of THE CLIENT, or THE CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of THE PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies WIZEMARK should this artwork and/or media become the subject of any legal action or ownership dispute. WIZEMARK reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is WIZEMARK’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies WIZEMARK artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, WIZEMARK reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.
Cancellation and Refund policy
5) Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created, all retainer payments made by CLIENT become non refundable pursuant to the refund policies outlined here. If THE CLIENT wishes to cancel THE PROJECT before presentation of PRELIMINARY DESIGNS for THE PROJECT, there will be a 25% of the total amount of THE PROJECT’s TOTAL billable amount administration service charge. If THE CLIENT wishes to cancel the project after PRELIMINARY DESIGNS have been presented, and before any REVISION requests have been made by THE CLIENT or executed by WIZEMARK, client may do so in writing. Such cancellation is subject to a 50% of the total amount of THE PROJECT’s TOTAL billable amount service fee. After revision requests have been made by the client, and/or artwork revisions have been executed by WIZEMARK, and in the unlikely event that WIZEMARK cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing at any time. The project then becomes subject to a ‘KILL-FEE’. This Kill Fee is an amount not less than 75% of the total amount of THE PROJECT’s TOTAL billable amount (all packages except the first one - 1 concept). First package that is canceled after creation of and/or presentation to THE CLIENT of PRELIMINARY DESIGNS is subject to a ‘Kill Fee’ that is the full amount of the package paid to date. If, after canceling in writing by the client, a final design is not selected within 30 days, nor remaining balance paid, all works related to project become the exclusive property of WIZEMARK and the project shall be considered closed. After the project is closed, any additional work on project will be subject to our standard unarchiving fee. In the event of a ANY job or project cancellation, any artwork created remains the exclusive intellectual property and copyright of WIZEMARK unless ownership of said property released in writing by WIZEMARK and the remaining balance of THE PROJECT’s billable amount is remitted.
6) No further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to WIZEMARK, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any further edits, or revisions to THE PROJECT after agreed number of REVISIONS has been made, will be subject to additional hourly billings and/or charges to THE CLIENT.
7) In the course of THE PROJECT, WIZEMARK will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to WIZEMARK regarding any edits and/or revisions within 30 days, THE PROJECT may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $75 ($US) reactivation and unarchiving fee.
8) If THE CLIENT fails to communicate with WIZEMARK regarding any initiated project for a period of more than 45 days, such project will be canceled, and any retainers or deposits shall be applied as a KILL-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by WIZEMARK after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in our current pricing schedules.
9) Further, if THE CLIENT, after 30 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as KILL FEES to original project, and any new retainers and/or balances shall be applied to new project as requested by THE CLIENT.
Project ‘work product’ and unused material/designs
10) All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of WIZEMARK. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by WIZEMARK.
11) WIZEMARK is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by WIZEMARK as a ‘work-for-hire’ vendor, or in direct professional consultation with WIZEMARK. Such consultation is subject to fees as agreed to by THE CLIENT and WIZEMARK. By contracting WIZEMARK to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us.