Service = Any and all services and products provided by Modurist
Modurist = The service provider (seller) and all the website content (images, text and user interface elements)
Customer = The service user/beneficiary (buyer)
Any custom artwork, images, or text supplied and/or designed by Modurist on behalf of the Customer, will remain the property of Modurist, excluding the final design for which full copyright will be passed to the Customer upon receipt of full payment.
Any non-exclusive premade designs created by Modurist are fully owned by Modurist even after the Customer purchases a premade design. The Customer is automatically entitled to use the non-exclusive premade design in his/her non-commercial projects, without modification unless Modurist explicitly agrees to grant this, but Modurist is not obliged to do so. Any premade designs that are not exclusive can be purchased by any number of Customers at any point in time and Modurist will not remove the premade designs from the website at any point, unless Modurist agrees to do so for whatever reason.
Any exclusive premade designs created by Modurist are fully owned by Modurist until the first Customer purchase. The Customer is automatically entitled to use the exclusive premade design in his/her non-commercial and commercial projects and modify the design without permission from Modurist. Exclusive premade designs will be made unavailable for sale on the website by Modurist after the Customer has completed payment and received the graphics. Modurist reserves the right to use exclusive premade designs to showcase previous work on the website.
The Customer may request in writing from Modurist, the necessary permission to use materials (for which Modurist holds the copyright) in forms other than for which it was originally supplied, and Modurist may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Modurist reserves the right to charge fees for additional useage.
By supplying images, text, or any other data to Modurist, the Customer grants Modurist permission to use this material freely in the pursuit of the design and to utilise the designs in Modurist's portfolio unless agreed otherwise.
Should Modurist, or the Customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Customer will agree to allow Modurist to remove and/or replace the file.
The Customer agrees to fully indemnify and hold Modurist free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
As soon as any of the project files are emailed to the Customer or the Customer sends a single email stating he/she is happy with the result, the project will be considered finalized and all other requests for changes by the Customer will be considered extra work and thus charged an extra fee which will be determined by Modurist.
Modurist will only alter premade designs superficially (text and colors). There will be no changes done to the design (icon/symbol/mascot) itself.
The Customer also agrees that Modurist holds no responsibility for any amendments made by any third party, before or after a design is published.
Text is to be supplied to Modurist in electronic format as standard text (.txt), MS Word (.doc), PDF (.pdf) via e-mail only.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Modurist via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Modurist will not be held responsible for any image quality which the Customer later deems to be unacceptable. Modurist cannot be held responsible for the quality of any images which the Customer wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Saturdays and Sundays are to be considered non-business days. Any delays in email and order processing are to be considered normal and Modurist offers absolutely no response time guarantees whatsoever.
Any images and/or data that Modurist does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Customer is obliged to allow Modurist to remove the contravention without hindrance, or penalty. Modurist is to be held in no way responsible for any such data being included.
Cancellation of orders may be made by email only. The Customer is obliged to use the same email he used to place the order. Following this, Modurist will initiate the refund in full, provided that work has not yet started on the Customer's project and 24 hours have not yet passed or if Modurist failed to deliver any files and at least 30 days have passed since the Customer's initial deposit. In case work already started or more than 30 days have passed since the initial deposit, the Customer is not eligible for a refund.