Acceptance Of Terms
Please read these Terms of Use (“TOU”) carefully as they govern your access and use of this
website
(“Site”) and the products and services provided herein (“Service” or “Services”). These TOU are
in
addition to (not in lieu of) any specific terms and policies that apply to the Services you
purchase or
access through the Site, which terms and policies are incorporated herein by reference. The TOU
and
specific terms and policies referenced herein are collectively the “Agreement”.
As used herein, “ The Publishing Maestros”, “we”, “us”, “our”, and “ours” refers to
thepublishingmaestros.us, together with
its affiliates, d/b/a The Publishing Maestros. “Customer”, “you”, “your”, and “yours” refers to
the customer
accessing this Site and purchasing and using the Services together with any company or other
business
entity you are representing, if any.
We reserve the right to make changes to the Site, the Services and these TOU at any time without
prior
notice to you. You should therefore review these TOU each time you access this Site to keep
apprised of
these changes. If you do not agree to the changes implemented by us, your sole and exclusive
remedy is to
terminate your relationship with us as a customer of the Services. Unless explicitly stated
otherwise, any
new features or products that change, augment or enhance our Service offerings will be subject
to this
Agreement.
A. Design Services, Process & Project
The Publishing Maestros Studio custom design service (the “Service”) provides businesses (each, a “Client”) the option to use a system to post specific assignments and project descriptions (each, a “Project”), including illustrative samples or other media (each, a “Creative Brief”), provide additional direction during the design process (each, a “Revision Brief”) and obtain responses (each, a “Response”) to those Creative or Revision Briefs from design experts retained by us. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs (the “Final Product”).
B. Content
The Publishing Maestros Studio does not have a duty to and does not generally screen or edit content, but we reserve the right to refuse Service, monitor or to remove, without notice, any content for projects which, in our sole discretion, are deemed illegal, misleading, or obscene, or are otherwise in breach of these TOU.
C. Ownership Rights of Artwork
Subject to your compliance with these TOU, you shall own the Final Product. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and we expressly reserve all right, title and interest in and to the same. We retain the rights to all artwork concepts and other content not selected by you.
D. Trademark, Service Mark & Copyright Clearance
You hereby acknowledge that The Publishing Maestros shall have no obligation or duty to perform trademark, service mark or copyright clearance searches, inquiries, or the like, in order to validate the propriety or legality of the Final Product. Moreover, you acknowledge that The Publishing Maestros shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection, including, without limitation, trademark or copyright registration, for the Final Product, nor shall The Publishing Maestros be responsible for assisting you in any way in your attempt to perfect your rights in or to the Final Product. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and/or infringes the rights of any third party. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product.
E. Collected Information, its privacy, usage & security
1. The Publishing Maestros is committed in providing you a complete safety of your personal
information. We require information that helps us in creating your order. While we aim to make
your experience as secure as possible, electronic transmission cannot be fool proof in an
absolution. Therefore, we do not pledge 100% protection.
2. The Publishing Maestros takes profile information only for the purpose of account creation,
profiling and communication. The information can also be used for email alerts, updates,
promotional offers and notification depending upon the consent of the customer. Our design
consultants may contact via email, phone or chat for any possible concerns related to payments,
new services, discount offers & projects. Your reviews may be posted with your consent along
with your complete name. We keep records of certain information to help improve our company
presence & service experience.
3. thepublishingmaestros.us utilizes a
secure transaction server to complete your online
payment transactions with precision. We use internationally accepted measures to ensure complete
safety of your information. The details that you share are protected by the Secure Socket Layer
(SSL). Through the secure payment interface the information is acquired only to be used for
order transactions.
F. Confidentiality
thepublishingmaestros.us adheres to strict
confidentiality of its clients. The details that you share with us are not disclosed or
distributed to any 3rd party vendors. There are no circumstances under which we sell personal
information for commercial purposes or for research. We do use 3rd party software to enhance
our customer services & to manage your information.
However, these entities are authorized
to
administer your details which you submit on our website only to support our operations. thepublishingmaestros.us may include
redirection to
other websites from its own. However, their practices, norms & handling of your information may
differ depending on the policies which they adhere. It is recommended that you thoroughly review
the terms of any website that you visit. Print
G. Unlimited Concept!
Packages that offer unlimited logo design concepts are based on fair usage policy of up to 30 logo design concepts. The initial set comprises of 15 different logo concepts and later sets will consist of 4 logos per feedback. Upon discontentment you would be required to brief more input concerning your likes and dislikes so as to enhance the quality of the following set.
H. Satisfaction Guarantee
1. All design work goes through strict quality checks before delivery.
2. thepublishingmaestros.us offers Unlimited
Revisions, we guarantee that you can request as
many design changes as you want until you are fully 100% satisfied without any additional
charges provided that the selection of design samples remains the same.
I. Materials Provided by You.
1. In connection with your use of the Site and the purchase of Services made available through
the Site, you may provide us with text, images, photographs, graphics, sound, video and other
information (“User Content”). You may also have the ability to view, post, publish, share, store
or manage User Content via the Site or the Services. All such comments and postings are public,
not private, communications.
2. You warrant and represent that you have all necessary right to provide User Content and that
User Content shall not and does not violate the intellectual property rights or any other rights
of any third party. You grant us a worldwide, royalty-free and non-exclusive license (including
moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display User Content in order to provide products and Services to you or in connection with your
use of our Site and Services.
iii. You acknowledge and hereby grant to thepublishingmaestros.us a royalty-free,
irrevocable,
non-exclusive, perpetual, worldwide right (including any moral rights) to use User Content,
Creative and Revision Briefs, individual Responses provided to you, and Final Product for
internal and archival purposes, and in order to display and promote the Service in any form,
media, or technology now known or later developed.
1. You agree to back-up all of your User Content so that you can access and use it when needed.
The Publishing Maestros does not warrant that it backs-up User Content, and you agree to accept
as a risk the loss of any and all of your User Content. You agree to indemnify and hold
thepublishingmaestros.us and its subsidiaries
and affiliates and its and their officers,
directors, employees.
2. Revision cycles consist of additional compositions that incorporate changes you request in a
Revision Brief. The purpose of the revision process is to create Responses that move your
project forward in the specific direction you have determined. You may request significant
changes in the first and second cycles, and the Responses generated might be quite different in
nature from the original composition you selected. For logo design packages the revision cycles
are constrained only to the selection you make from the initial samples. Revision requests that
depart from the then-current composition will be honored and completed in a timely manner,
however; we reserve the right to charge additional fees for each such Revision. No revision
work, which requires payment, will be started without your authorization.
3. You agree to provide timely responses to any status notifications that we send to you. You
shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to
respond, thepublishingmaestros.us will assume
that your project is complete and the project
shall be deemed completed. At such time, The Publishing Maestros will have no further
obligation to you, and you will pay us pursuant to the provisions of this agreement.
Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your
access to all or a portion of the Service, at any time, with or without notice.
J. Your Account, Password and Security.
1. In order to transact a purchase on the Site you must first complete our registration process
where you will provide us with your billing and contact information (“Your Account”). You agree
to provide and maintain accurate, current and complete Your Account information about you, and
any entity on whose behalf you order products or services.
2. You are responsible for maintaining the confidentiality of Your Account and are responsible
for all activities that occur and orders that are placed under Your Account. You will
immediately notify us of any unauthorized use of Your Account or any other breach of security,
and ensure that you exit from Your Account at the end of each session. We may suspend or
terminate Your Account upon notice to you in the event that we reasonably determine that Your
Account has been involved in a violation of this Agreement. You will cooperate with us with
respect to investigations by us of any suspected or alleged violation of this Agreement and any
action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by
us or others due to any unauthorized use of Your Account. thepublishingmaestros.us will not be
liable for any loss or damage arising from your failure to comply with this section. iii.
Correspondence must be made through the account area as an obligation. Failure to communicate
via account will give you insufficient justification to claim a refund. You may contact our
customer support for any confusions or concerns related to the account area utility.
It is obligatory for you to post your feedback only as a reply to the message thread created in
your account area so as to keep the correspondence in one track. Opening up a new message
thread, posting comments or emailing your feedback will cause mis-communication.
thepublishingmaestros.us shall not at all be
responsible for any inconvenience, delays &
mishaps caused due to these actions.
K. Fees and Payments
1. You agree to pay any and all fees and payments due for Services purchased at this Site at the
time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable
unless otherwise expressly noted, even if your Services are suspended, terminated, or
transferred prior to the end of the Services term.
2. Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if
available. You acknowledge and agree that it is your sole responsibility to modify and maintain
Your Account settings, including but not limited to (i) setting your renewal options and (ii)
ensuring that your credit card or ACH information is current and valid. Failure to do so may
result in the interruption or loss of Services. thepublishingmaestros.us will not be liable to
you or any third party regarding these Services loss or interruptions. You must notify us of any
billing problems or discrepancies within fifteen (15) days after they first appear on your
credit card or bank account statement otherwise you waive any right to dispute any such
discrepancy.
iii. If you are enrolled in an automatic renewal option and we are unable to successfully charge
your existing payment method, your credit card provider (or your bank) may notify us of updates
to your credit card number and/or expiration date, or they may automatically charge your new
credit card on our behalf without notification to us. iv. If we are unable to charge your credit
card or bank account for the full amount owed for the Services provided or if we incur a
chargeback for any fee we previously charged to your credit card, you acknowledge that we may
pursue all available lawful remedies in order to obtain payment including, immediate
cancellation without notice to you of any Services registered or renewed on your behalf.
1. If a Service is offered with a special promotion price or period offered by us, you agree
that all subsequent periods after the initial promotion period, will be billed at the then
stated list price for the service.
2. You agree that the payment plan facility is only for packages with website services & varies
strongly relying on the case. For all other packages you are obliged to pay the complete amount
up front. You must provide significant proof to qualify for the payment plan. You acknowledge
that in case of order cancellation, the initial payment made upfront shall not be
refundable.
L. Additional Charges
You agree to that the following may subject to additional charges:
1. Opting for a rush delivery of samples
ii. Requiring additional design concepts other than the finalized artwork
iii. Requesting changes after artwork finalization or project completion
iv. Deviation in scope of work from the initially submitted brief
v. Third party integration & complex database development
M. Delivery of Final Product
All final files will be delivered through the account area within 24 to 48 hours of order
confirmation. To enhance the quality of logos, thepublishingmaestros.us offers its artwork in
CMYK color tones which adds more depth to the precisions. The formats we deliver are print
ready, web ready, customizable & stretchable. As a final product for logos and print items, we
deliver complete vector formats along with color codes and font files. For website & social
media, we provide complete source files along with high resolution images. For videos, we share
the standard formats (mp4, mov, flv, etc.). However, we also cater to customers with specific
format requirements. For SEO, you get a comprehensive weekly report highlighting your search
engine rankings. thepublishingmaestros.us keeps
a record of all delivered final files and can
provide them upon request at a later point in time.
1. You acknowledge that the urgent delivery is only for the initial set of samples. Revisions
will be delivered as per the standard turnaround time of 48 to 72 hours depending upon the
complexity of the requested changes unless a rush delivery is requested for the revision as
well. ii. The standard turnaround time for delivery is 48 to 72 hours. However, this may vary
for illustration designs, video animation, 3D designs, website development & certain print items
depending upon the complexity of the requested changes.
The final product delivery does not apply to SEO services.
N. Content Management System
You agree that once the login details are handed over to you for the content management system upon project finalization, thepublishingmaestros.us will not be accountable for any changes or errors to your website & will not provide any technical support.
O. Defamation
Whether, it is social media, your own website, review based websites, online forums or community, You agree that you will not defame thepublishingmaestros.us on any grounds. All matters in case of discomfort with the company or its services shall be notified immediately to the customer service department.
P. Conflict Resolution
You acknowledge that thepublishingmaestros.us
shall not be liable to resolve any issues or
conflicts reported on third party websites other than the ones documented through the account
area.
Intellectual Property
You should assume that everything you see or read on the Site is copyrighted unless otherwise
noted and may not be used except as provided herein without our prior written permission. Except
as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images
and all other copyrightable materials displayed on the Site and available for use with the
products or services constitute intellectual property owned by thepublishingmaestros.us and its
affiliates and/or licensors (the “Content”). Nothing herein grants you any license or right, by
implication, estoppel or otherwise, to use any Content without our prior written permission.
Unauthorized use of the Content or any other content on the Site is strictly prohibited. You
acknowledge that Content is being provided merely as a convenience and accommodation to you on
an “AS IS” basis without warranty of any kind.
Termination
Q. Service Cancellation
thepublishingmaestros.us reserves the right to immediately terminate the Service for reasonable cause, including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) we conclude in our sole discretion that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective. Your information will be retained by thepublishingmaestros.us until order completion or cancellation so as to offer you services, maintain compliance to our legal responsibilities, solve any disputes & to enforce our agreed terms.
R. Refunds
“thepublishingmaestros.us” allows you to have
your money back within 30 days of order placement
& reserves the right to terminate this, at any time, with or without notice depending upon the
scenario. This offer strictly implies that the refund is asked upon viewing the initial samples
only, requesting for revisions on the initial design work shall be regarded as a continuation of
the project & will make this guarantee annulled. We totally rely on customer’s prompt feedback
during the design process to complete the task effectively and therefore hope that the customer
gives a proper feedback in order to get the desired results.
We won’t entertain or refund any orders if the client stays non-responsive for 45 Days however,
client can send us an email to hold the project if there is some personal issue.
In case the client wants to forfeit the website portion of the package after 30days, refund
won’t be applicable; though we can hold the project in such case and the client can come later
and get the project started again.
III. Furthermore, customer shall forfeit the right to the refund outlined above if customer
request additional revisions (1 or more design changes regardless of the complexity) or
modifications to any of the initial concepts. You shall also forfeit the right to a refund if
you do not respond in a timely manner to a status notification from “thepublishingmaestros.us”.
1. In case of finalizing one part of the order the customer won’t be eligible for a refund for
the rest of the remaining package.
2. 24-hour design fees and 24-hour rush changes are non-refundable.
VII. We won’t entertain or refund any orders if the client changes his/her mind after Signing
up.
VIII. No refund is available for design firms or for those who order our design services on
behalf of another entity. If an order cancellation request is posted prior to the delivery of
initial concepts, you are eligible for a refund. In case of a duplicate charge, the 100% amount
will be returned. If design requirements are not fulfilled, committed at the time of sale or the
designs are not delivered in accordance with the delivery policy, though a proof is required for
such commitment, refund can be claimed. You agree that for bundle packages (for e.g. Logo,
Stationary, Website, Social Media and Brochure) refund will be as per the services availed. If
there is any discontinuation with certain service included in the bundle package, then the
refund must be claimed before the initiation of that service.
Dispute/Chargeback Policies
Fraudulent
Our company do not charge any credit/debit card without customer authorization & customer always
pay us through the payment link generated from merchant and our company do not support any
fraudulent activities.
Product Not Received
Customers claiming Product not received during the time frame when Project is still going on
with
the company, and if there is any delay in delivery because customer changed their requirements
of project or any kind of delay occurred from customer even once for any reason, our company is
not responsible to deliver it within the time frame decided in the start of project, as it is
clearly mentioned in our T&C that “Change of Requirement” (Can effect on Time & Cost of
projects).
If still they do not want to continue then they need to submit cancellation with valid
reason,
& it will be reviewed by our QA team and offered partial refund if customer is eligible
for
it according to our mentioned T&C`s
Product/Service Unacceptable
If customer claims that product is unacceptable then we do not process anything without
customer`s approval, once design is approved then customer can’t claim product
unacceptable or damage, as we also provide unlimited revisions for design/development
until we resolve customer’s query, we also recreate it from scratch to keep customer
satisfaction on priorities basis, We have a dedicated team working for every project so customer
cannot
claim a full reimbursement on a project claiming Product unacceptable.
Additionally we do not provide any product in hard form, & our service is always open
to redo it if they are not satisfied during a limited time frame.
Credit not processed
Customer can only claim credit not processed if the refund
is committed by the Company’s Billing or Customer Care in written and we have not processed it
on given time frame.
General/Other
If any dispute occur in general/other terms then we do not
entertain change of mind from
customer as company invest their resource to provide services to customer.
We care for our company image so to resolve any kind of issue we always provide
refund
resolutions in case of any dispute between Company & Customer, For More Information
Reach Us Out at info@thepublishingmaestros.us.
R. Refunds
*” The following terms and conditions are applicable on all the services purchased by the client and provided by “thepublishingmaestros.us” *.
Warranty
The Service, including all logos, prints, websites, SEO, videos, social media
and
complete
branding, are provided “as is” without warranty of any kind, either express or implied,
including but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. The Publishing Maestros makes no
representations, warranties or covenants regarding, and does not guarantee, the
truthfulness,
accuracy, or reliability of any information or other material (including, without
limitation,
any Creative Brief, or Responses) that are communicated through, or posted to, the Service,
nor does The Publishing Maestros endorse any opinions expressed by any user of the Site.
Without limiting the foregoing, The Publishing Maestros makes no representations,
warranties or
covenants regarding the validity of the rights to Responses granted pursuant to these TOU.
You acknowledge that any reliance on information or other material, including, without
limitation, any information related to your project, communicated through the Service, or
posted to the Site, will be at your own risk. Without limiting the foregoing, you agree and
acknowledge that you use each Response at your own risk and that you are responsible for
taking any actions you deem reasonable to determine whether your use of a Response will
infringe any statutory or third-party intellectual property, privacy or publicity rights.
The Publishing Maestros shall not be responsible for any use of photos that are not royalty
free. It is the Customer’s responsibility to purchase and pay for all rights to use any
photos, images, graphics, icons, logos, and/or designs for any designs created by The
Publishing Maestros.
Limitation Of Liability
The Publishing Maestros is not responsible or liable for the deletion, correction, destruction,
damage, loss or failure to store or maintain any of Your Account data or Your Content. The
Publishing Maestros and its subsidiaries and affiliates and its and their officers, directors,
employees, agents, partners and licensors will not be liable to you for any special, direct
(with respect to your use of the Site only) indirect, incidental, consequential, punitive,
reliance or exemplary damages, including without limitation losses or liability resulting from
(i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii)
the accuracy, completeness or content of the Site or the Services, (iii) personal injury or
property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our
servers including, without limitation, any User Content or data including personal and/or
financial information stored thereon; (v) any interruption or cessation of Services related to
the Site; any viruses, worms, bugs or the like which may be transmitted to or from the Site;
(vi) any User Content or conduct that violates this Agreement; (vii) any loss or damage of any
kind resulting from your use of, or inability to use, the Site or the Services made available
through the Site or any act or omission by The Publishing Maestros, even if advised of the
possibility of such damages.
The Publishing Maestros’s liability and your exclusive remedy related to non-performance of
any Service shall be: (i) repair or adjustment of the Service, or (ii) where repair or
adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for
the portion of the Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of The Publishing
Maestros its subsidiaries and affiliates and its and their officers, directors, employees,
agents, partners and licensors, whether in contract, tort or any other theory, will not exceed
an amount greater than the purchase price of the service actually paid to The Publishing
Maestros. In states where the limitation or exclusion of liability or incidental or
consequential damages is not allowed, the above limitations or exclusions may not apply to you.
In such cases The Publishing Maestros’s aggregate liability will be limited to the fullest
extent permitted by applicable law. Any cause of action arising out of or related to the Site or
the Services must be commenced within one (1) year after the cause of action arises or any such
action will be permanently barred.
The Publishing Maestros is not responsible for the way content is being used or is not being
used by any party. The website may contain links to third – party websites or other services
known as “The Linked Content”; the linked content is not the responsibility of The Publishing
Maestros to be handled or changed or be used in any way. The service and the responses are
provided “as is.”The Publishing Maestros”. Makes no representation or warranty of any kind
whatsoever to you or any other person relating in any way to the web site, including any part
thereof, or any website or other content or service that may be accessed directly or indirectly
through the website, including any term sheet, response, user identity or linked content.
We reserve the right to disclose your personally identifiable information as required by law and
when we believe that disclosure is necessary to protect our rights and/or comply with a judicial
proceeding, court order, or legal process served on our website.
Indemnification
You shall indemnify, defend and hold The Publishing Maestros , its officers, directors,
employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any
claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable
attorneys fees), arising out of or in connection with any claim, action or proceeding
(collectively, “Claims”) arising out of or related to any act or omission by you in using the
Site or any Service ordered via the Site including but not limited to your violation of the
Agreements or policies found on the Site or infringement of any third party proprietary rights
by you.
Jurisdiction And Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters
arising out of or relating thereto will be governed by the laws of the State of Chicago without
regard to its conflict or choice of law provisions. Any legal action or proceeding relating to
this agreement or the provision of the products or services offered via the Site will be brought
in the state or federal courts located in Chicago. You hereby submit to the jurisdiction of and
agree that venue is proper in those courts in any such legal action or proceeding.
Force Majeure
The Publishing Maestros shall not be responsible for failure or delay of performance if caused
by an act of war, hostility, or sabotage, acts of nature, electrical, internet, or
telecommunication outage that is not caused by us, government restrictions (including the denial
or cancellation of any export or other license), or other events beyond our reasonable control.
General Support Services
The Publishing Maestros will provide you with free phone support and support via live chat for
issues relating to your use of the Site or to your design project. You may contact our support
services by dialing (831) 610-4244 daily, between 9:00 am and
5:00 pm EST, or emailing us at
info@thepublishingmaestros.us. Our mailing
address
is The Publishing Maestros,
“If a project is on hold for more than 2 weeks from the client’s end the project will be
archived and there will be a reactivation fee to re-initiate the project.”