Last updated on: May 1, 2017
CLIKART SERVICES TERMS AND CONDITIONS
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION, AND WAIVER OF JURY TRIALS AND CLASS ACTIONS, GOVERNING DISPUTES ARISING FROM USE OF THE CLIKART SERVICES.
Please read carefully before ordering any service from this site, namely http://ClikArt.com website. By accessing or using the http://ClikArt.com website and services you agree to be bound by these Terms.
If you disagree with any part of the terms, then we reserve the right to refuse serving you or depending on a per case basis and without prejudice, we may terminate your access to any or all services if you fail to comply with the terms and conditions of this Terms of Service.
These ClikArt Services Terms and Conditions (“Terms”) govern access to and use of the ClikArt (“ClikArt,The Company” “ClikArt.com”,”The Service Provider”, “we”, “our” or “us”) web sites and services (collectively, the “Site”) by site visitors (“Site Visitors”), and by individuals or entities who purchase services (“ClikArt Services”) or create an account (“Account”) and their Authorized Users (collectively, “Clients”). By using the Site or any ClikArt Services, you as a Site Visitor or Client accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Client is each an individual natural person, whether an employee, business partner, contractor or agent of a Client who is registered or permitted by Client to use the ClikArt Services subject to these Terms specified at the time of ordering a service. Client and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.
1. Responsibility and Liability
While we take every measure to deliver the highest quality service and professional standard content, you acknowledge and agree that ClikArt.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused directly or indirectly, by or in connection with use of or reliance on any of our content, goods or services.
2. Late Payment and Non Payment of Invoices
You (The Client) agree to pay all invoices in accordance to payment terms specified in estimations and invoices.
You agree to pay without dispute a 2% (Two Percent) monthly late payment fees, for all non payed account balances over 30 days, in case you’re offered such payment term offer(s).
We reserve the right to refuse the start, continuation of any service and may cancel any or all parts or suspend any functionality whether or not it is directly or indirectly related to a service you order and fail to pay, until invoices for such services are paid in full and your account is in good standing condition.
By using this site and related services, you agree to hold ClikArt.com and (ClikArt,The Company), harmless from any and all loss, claim, injury, damage, expense, responsibility or liability, be it physical, monetary, reputational or moral.
3. Refund Policy
We work hard to satisfy our client needs and try to meet and exceed expectations. Some services may require multiple revisions till reaching to that point. We never start or deliver any service or product without a final approval from you in written form by email.
Due to the nature of our labor intensive work, you agree that you fully understand that a final approval from you constitutes an indisputable agreement to accept the final service outcome or product and pay in full for all services rendered or are in the process of completion, without any further demands for refunds or other requests.
4. Definition of a Legal Document
You agree that Email shall be the official correspondence medium between you (The Client) and ClikArt.com (The Service Provider) for all communication and for final approval processes and you fully understand that all such written correspondence shall constitute a legal document in case of a dispute, without the need for your signature to be present.
You agree to receive all communications electronically, like agreements and notices that we provide in connection with any ClikArt Services (“Communications”), including by e-mail, text, in-app notifications, or by posting them on the Site or through any ClikArt Services. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your Account contact information current.
The site and all of its original content are the sole property of ClikArt.com and are as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
All digital content we deliver to you, is for your own use for both personal or commercial purposes. That said, we hold the copyright for all creatives, artwork, illustration and digital assets, as long as you’re not paying separately for such content or have a written consent by us, you would be acting as the custodian with rights to use such content with no rights to resell or re-purpose either in part or in it’s entirety outside the scope of fair usage. This is a common approach among all production houses and not a unique policy of ours.
Some digital content may also need additional payment for commercial licensing. We shall specify in our estimates if there’s such a case.
If you give us any material to include in any of your digital content productions, you claim to hold rights for such content.
In case of any DMCA complaints or any copyright infringement issues from a third party, over any material delivered to us by you to use in your order completion, you agree to accept all responsibility to prove ownership of such material and not hold us, namely (ClikArt.com) or (ClikArt,The Company), responsible in any way.
6. Governing Law
These Terms shall be governed and construed in accordance with Canadian laws, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between between you and ClikArt.com regarding all services rendered and delivered through this Site, and supersede and replace any prior agreements we might have between us.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. It is the client’s duty to check out and be aware of these terms prior to conducting any business.
We will post the revised terms on the Site with a “last updated” date. PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE CLIKART SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any modification of the Terms.
8. Contact info
If you have any inquiries about these Terms and conditions, please contact ClikArt customer services prior to ordering, by emailing [email protected] or call (514) 348-3648.
9. Effective Date
All terms have last been revised and remain effective as of May 1, 2017. These terms supersede all previous and contemporaneous proposals, negotiations, warranties, promises and any other communications, oral and written, between you (The Client) and ClikArt.com (ClikArt,The Company).