[cs_content][cs_element_section _id=”1″ ][cs_element_layout_row _id=”2″ ][cs_element_layout_column _id=”3″ ][cs_element_text _id=”4″ ][/cs_element_layout_column][/cs_element_layout_row][/cs_element_section][/cs_content][cs_content_seo]COPYRIGHT
All images on markeemedia.com are owned by us, our team, or our clients. You may not download, repurpose, or make any derivative work based on any graphic, logo, image, video, picture, audio, or any other media herein.
INTELLECTUAL PROPERTY
Markee retains ownership of any and all database rights, design rights, moral rights, patents, trademarks, service marks, rights (registered and unregistered) in any designs, applications for any of the foregoing, trade or business names, and topography rights, know-how, secret formulae and processes, lists of suppliers and customer and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, and all intellectual property rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection mentioned.
Stated simply, anything created before, during, after, or outside of any project is the Intellectual Property of Markee Media. Client will own 100% rights to the final deliverable in the form it is delivered. This does not grant rights to know-how, process, and design principles developed and used by Markee Media.
CONTRACT
Upon requesting Services from Markee Media, you will be deemed to have accepted these Terms and Conditions, notwithstanding in the absence of any formal acknowledgement.
PRICES AND TERMS OF PAYMENT
Before any Service is rendered to Client, a quote and timeline will be agreed upon to match the project’s needs. A partial payment will be required to start the production process.
Markee Media will be entitled to make an adjustment to any quoted prices in the event that additional costs are incurred, or likely to be incurred, by reason of:
the Client Materials (or any part thereof) being, in the reasonable opinion of Markee Media in any way defective, in an unsuitable format, or of unsuitable quality for normal processing.
any information supplied by the Client or any third party in connection with this Agreement and the Services being inaccurate or incomplete, or failing to give Markee Media a full and accurate indication of the work involved and/or time and resources require; or
changes by the Client or any third party in its requirements for the Services or Works; or
exceptional circumstances outside the control of Markee Media, including currency fluctuations and changes in third party costs.
Payment installments may be required at any point during performance of this agreement in partial or full amount to Markee Media in respect of Works to be provided prior to delivery of such Works.
No final Work will be delivered until final payment is received.
If client fails to make final payment, all rights to any and all Work and Deliverables will remain with Markee Media until final payment is received. If payment is not received within 30 days after project completion or partial payment request, Markee Media will suspend production and begin charging interest on any amount outstanding at the rate of less than one and a half-percent (1.5 percent) per month or the highest amount allowed by law, from due date of payment until actual payment.
All sums payable are exclusive of sales, use and any other taxes, which shall (if and to the extent applicable) by payble by the Client at the rate and in the manner from time to time prescribe by law.
DELIVERY
All Service timelines are agreed on in good faith, but cannot be guaranteed by Markee Media.
If Client postpones production for any reason for more than two weeks, without prior agreement, the project will be paused. To reopen project will require additional fees, with a new quote and contract to be agreed upon.
Delivery of Services is dependent on prompt receipt of all necessary information, materials (including Client materials), final instructions and/or approvals from the Client. The Client acknowledges and agrees that any changes to its requirements and/or the occurrence of any of the circumstances possible to occur may result in delay in performance or delivery, which Markee Media will not be liable.
Where Works are delivered electronically Client acknowledges:
electronic delivery is not completely secure medium and an unauthorized third party may intercept, tamper with or delete the Works to be delivered electronically and electronic delivery may involved reliance upon third party providers and data carries, which Markee Media has no control over.
Markee Media is not responsible for any delay in delivery or any non-receipt of any Works or Deliverables delivered electronically;
As well as any damage or loss (including data loss) that results from access to Works delivered electronically or the breach or data, disclosure of private information, including any and all third party tampering, viruses, bugs, and the like when receiving electronic deliverables.
CONFIDENTIALITY
Where confidential information is disclosed to Client, the Client acknowledges that such Confidential Information has been disclosed in confidence and may be of significant importance to Markee Media.
Client may not disclose any IP (Specific or Background) provided by Markee Media to any third party. Except as expressly permitted, the Client shall not use, copy in whole or in part, modify or adapt the Confidential Information in any way without Markee Media’s prior written consent, which may be given or withheld in its absolute discretion.
TERMINATION
This Agreement will terminate at the completion of the Services to be provided, given Client has paid for Services in full.
Client may termination agreement through a written notice to Markee Media give that;
It is received more than 24 hours prior to the date for performance or the commencement of performance of the relevant Services. Markee Media is entitled to charge the Client the full price specified in the quote if project termination is within one week of projected project completion.
Markee Media may terminate this Agreement (and any Services to be provided under it) at any time on written notice to the Client. Payment will be required for any Services provided up to the point of Termination.
LIABILITY
Markee Media under no circumstances be liable for any indirect, special, punitive, incidental, or consequential loss or damage whatsoever, including but not limited to any loss of profits, loss of goodwilll, loss of use or corruption of data or software.
Client will indemnify and hold harmless Markee Media and all its agents against all claimsrelated to alleged infringement of a third party’s Intellectual Property Rights or other rights arising out of the supply or use of the Client Materials in relation to the Works and/or course of carrying out the Services.
Markee Media is not responsible for the loss or damage of any Client Materials, and it is the Client’s responsibility to ensure that it has appropriate back-up copies of all Client Materials.
INSURANCE
Client is to maintain and keep effective at all times insurance policies with reputable insurers to protect the Client against any loss or liability which it may incur or suffer arising out of this Agreement.
PUBLICITY
Markee Media may publicize, advertise, and market the Works completed in any and all Agreements to pitch to third parties, or any other manner, as Markee Media may decide in its sole discretion without the prior written consent of the Client.
Client hereby grants to Markee Media a perpetual and royalty-free license to use the Works throughout the world for the purposes of the above clause in order for Markee Media to promote its business by whatever means it sees fit.
FORCE MAJEUR
In the event of Services being prevents, or interfered with by any act of government, war, industrial dispute, breakdown, pandemic, or any other cause beyond Markee Media’s control, Markee Media may suspend performance of or terminate this Agreement, without liability to the Cleint for any resulting damage or loss. Markee Media has the right to recover all sums owing to it in respect of Services and Works delivered and costs incurred up to the date of suspension or termination.
SUBCONTRACTORS
Markee Media may appoint one or more subcontractors to carry out all or any obligations under this Agreement.
GENERAL
No modification of this Agreement (including any of the Services or Works to be provided) shall be valid unless it is in writing and signed by, or on behalf of, each of the parties.
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