Last Updated 04/17/2023
Welcome to Made It Stick! These terms of service are entered into by and between You and Made It Stick Digital Marketing Agency (“Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Service”), govern your access to and use of Madeitstick.com, including any content, functionality, and services offered on or through madeitstick.com (the “Website”).
Please read the Terms of Service carefully before you start to use the Website.
By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://madeitstick.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.
BY ACCESSING AND USING THIS WEBSITE, YOU:
- ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE.
- YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US.
- YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
1. Our Role
1.1.The Services
Made It Stick will provide the services described in the Quote/Production Estimate as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, we will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Production Estimate which may be necessary.
Authors Corrections. Unless specified in the Quote/Proposal, we include 2 rounds of changes on all items following the presentation of an initial concept. Revisions briefed thereafter will be charged according to Made It Stick’s standard hourly rate card.
1.2. Information
To maximiseMade It Stick’s effectiveness, we must work with you as a team. Often Made It Stick’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, we will assume all information you provide is complete and accurate unless you tell us otherwise.
1.3. Incidentals
Couriers or printed proofs from external printers, if required, are to be charged to the client.
1.4. Termination
Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed.
1.5. Force Majeure
Made It Stick shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Made It Stick’s reasonable control.
2. Payment Terms
2.1. Payment Terms
Invoices shall be settled by bank transfer into Made It Stick’s nominated bank account or other payment methods specified on the website. Made It Stick retains ownership of all work until full payment has been made.
2.2. Other Specialist Services
Made It Stick‘s estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording, etc., unless otherwise included in the estimate. We may, unless you instruct us otherwise, seek such specialist services in areas outside our expertise. The costs of such services will be passed on to and will be quoted accordingly.
3. Scoping
In most cases, Made It Stick will provide a scoping document which details the functionality of the work we do for our clients. This includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
As per our ‘Unlimited Social Media Designs’ package, you should know that while the package allows you to enjoy unlimited designs per month, we will only be handling one task at a time. That means to get a new set of designs within the month, you will need to be patient and wait for us to finish with the sets we are currently working on for you.
4. Content
4.1. Content and Images
It is your responsibility to provide us with the required information about your business and marketing objectives. Made It Stick takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates.
Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the work. All content must be supplied in a suitable digital format unless agreed otherwise beforehand.
Images should be supplied in jpeg, gif, tif, png or psd format. Texts should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional costs being incurred for retyping text.
Where the content provided is in a form where a significant amount of copywriting is required, a further charge may be made.
4.2. Information for charts, graphs, and infographics is to be supplied in Excel.
If we are required to retype large amounts of content, then additional costs may be incurred.
4.3. Client-supplied images should always be high-res images at 300DPI for print purposes.
If they are solely for use on the web, then lower-resolution images are acceptable. Made It Stick will assume that the Client owns all images supplied to us or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been given permission to use these images.
4.5. You grant Us permission to utilize logos and any other company identity for the purposes of creating the project. You agree to indemnify Made It Stick from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5. Confidentiality
Save as required by law, Made It Stick will keep your documents and affairs confidential at all times unless you permit disclosure or the relevant circumstances are already in the public domain. We may, however, disclose your documents and affairs to:
(i) Such of your other service providers as you inform Made It Stick are involved in any assignment on which Made It Stick is instructed;
(ii) Made It Stick’s affiliates or related parties; and
(iii) Any other service provider to whom Made It Stick may properly delegate aspects of any assignment in order to provide a full range of services to you.
6. Intellectual Property
6.1. Freedom to use Ideas and IP
Made It Stick may develop or use for other clients any ideas, concepts, source code, information or know-how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property
All products, creative works, plans for designs, unique campaign ideas, slogans, copy themes, preliminary sketches, layouts, copy, artwork, production services, public, and other marketing material (whether on paper, computer disk, by email or in some other digital format) accepted by Made It Stick, shall, upon you paying Made It Stick in full for the relevant materials, be your property, except to the extent that any intellectual property rights therein have been reserved by Made It Stick or third parties engaged or employed by Made It Stick.
6.3. Portfolio Rights
We retain the right to showcase your project on our website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright
Made It Stick owns the legal copyright of our working files. Working files are our intellectual property, and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied with working files, then this needs to be requested, and we will supply a quote for this release.
7.0. Indemnity
All services may be used for lawful purposes only. You agree to indemnify and hold Made It Stick harmless from any claims resulting from your use of our service that damage you or any other party.
8.0. Liability
Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9. Variation
These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.
10. Contact Us
Should you encounter an issue while under contract with Made It Stick Digital Marketing Agency that requires Made It Stick’s attention, please contact us via the contact button on the site.
Further questions or concerns regarding the Terms & Conditions of Made It Stick’s website may be addressed to info@madeitstick.com.
