Modurist Terms of Service

Last Update: 4/2/19
By using any Modurist design services you implicitly agree to all our terms and conditions.
If you do not accept these terms and conditions stated here without modification, you may not use the Modurist design services.
Modurist may revise the terms at any point by updating this page. It’s your obligation to visit this page periodically.

Terms = This page and every information included on it
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)
Final fees for Services to be provided by Modurist, are set out in the email conversation with the Customer. At the time of the Customer's payment, indicating acceptance of the Terms, a non-refundable deposit of 100% of the quoted fee will become immediately due. Work on the project will not commence until Modurist has received this amount. Charges for any additional Services over and above the estimated design, will become fully payable at the time of project acceptance.
The Customer can opt to purchase additional concepts at the agreed upon rate during the email conversation. If multiple design concepts are submitted, only one concept is deemed to be given by Modurist as fulfilling the contract. All other artwork designs remain the property of Modurist, unless agreed in writing.
Copyright of all graphic design work is retained by Modurist including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
Payments may be made via Bitcoin, Bitcoin Cash, Ethereum and any other cryptocurrency that we accept at the time of the submission. Publication and/or release of work done by Modurist on behalf of the Customer, may not take place before funds have cleared. No creative work will commence until payment in full is confirmed by Modurist.
By supplying text, images and other data to Modurist for inclusion in the Customer's brochure or other medium, the Customer declares that he/she holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Customer, or rightful copyright or trademark owner.

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.
The Customer agrees that while changes to the initial concept are free of charge and included in most design plans present on the website, Modurist might still ask for a separate charge if the Customer's revision request does not fit a viable revision in Modurist's view, or if the total number of revisions is deemed as unreasonable by Modurist.

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.
The Customer agrees to Modurist's definition of acceptable means of supplying data.

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.
Any indication given by Modurist of a design project's duration is to be considered by the Customer to be an estimation. Modurist cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Modurist.

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.
The Customer agrees to allow Modurist to place a small credit on printed material, exhibition displays, advertisements and/or a link to Modurist's own website on the Customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The Customer also agrees to allow Modurist Design to place all designs on Modurist's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Modurist will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Modurist also reserves the right to refuse to include submitted material without giving reason.

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.
The Customer has the right to cancel any order, if Modurist fails to complete the project and deliver the initial design files within 30 days of deposit submission or if work has not yet started on the Customer's project and 24 hours have not yet passed since the Customer's deposit. If agreement is terminated for any other reason Modurist shall retain the full deposit.

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.
Modurist makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Modurist will not be held responsible for any and all damages resulting from products and/or services it supplies. Modurist is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The Customer agrees not to hold Modurist responsible for any such loss or damage. Any claim against Modurist shall be limited to the relevant fee(s) paid by the Customer.
These Terms supersede any previous Terms distributed in any form. Modurist reserves the right to change any rates and any of the Terms at any time and without prior notice.
Modurist affirms that the finished designs are original although they can potentially include or be inspired from premade graphics or other artwork, usually sent by the Customer during the design process and for which the Customer implicitly declared that he/she holds the appropriate use permissions. Therefore Modurist owns the rights granted under this agreement and the rights granted do not conflict any other agreement.
The placement of an order for design and/or any other services offered by Modurist by the Customer automatically constitutes acceptance of the price estimate or quotation and agreement to comply fully with all the Terms and forms a Contract for Business between the Customer and Modurist.