CLIKART 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 the ClikArt.com website. By accessing or using this 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”) or prospects (“Prospects”), 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, a Prospect 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. Clients, Prospects 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.
UNDER NO CIRCUMSTANCE SHALL CLIKART BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF YOUR USE OF THIS SITE OR ANY OF THE SERVICES OFFERED THROUGHOUT THIS SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CLIKART, EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICE(S) OUT OF WHICH AND UP TO THE POINT IN TIME THAT LIABILITY AROSE.
2. 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 this 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.
3. Copyright and Intellectual Rights
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, Canadian copyright and other intellectual property rights laws.
All digital content we deliver to you and you possess in digital or any other form, including but not limited to, artwork, illustrations, images, videos and audio files, is for your own use for both personal or commercial purposes. That said, we hold the copyright and all intellectual rights for all creatives, content and digital assets, and you would be acting as the custodian with rights of use of such content with no rights to resell, reproduce or repurpose either in part or in it’s entirety outside the scope of it’s intended 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 use licensing. We shall specify in our estimates if there’s such a case.
You equally recognize and agree that ClikArt may repurpose, reproduce, upload, broadcast and publish in digital or physical form and in any format, including but not limited to publishing online or social media. Client also recognizes and agrees that ClikArt may exhibit or use any and all Content created or produced for any Client for any purpose and in any manner, at any time, and in any format desired, including but not limited to commercial or portfolio purposes.
If ClikArt agrees to sign an NDA agreement with Client, it shall in its sole discretion exhibit, publish or use any production or content made for such Client in a way that it deems appropriate and in such way that it protects any sensitive and confidential information pertaining to such Client. An NDA agreement does not constitute a limitation to our rights of use of any content created or produced by us for a Client except for the considerations above and in addition to the respect for any intellectual rights, copyrights or patents that a Client already holds.
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 claims or issues from a third party, over any material delivered to us by you to use for your job 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.
4. Payment Terms
You (The Client) agree to pay all invoices in accordance to payment terms specified in estimations and invoices. Our regular payment terms excluding deposit amounts, are 30 (Thirty) days net from invoice date.
We do not offer payment terms to invoice amounts under $600 CAD before taxes. Any invoice below $600 CAD is required to be paid in full before any job start.
A deposit amount of 50% of total invoice should be paid before starting a job. Invoice balance should be paid in full before we deliver a job or within a maximum of 30 (Thirty) days (whichever comes first).
We may at our discretion, accept different payment terms, to the maximum extent of 60 (Sixty) days, depending on the scope, total invoice amount exceeding $6000 and projected length of a job completion.
If a job is composed of multiple episodes or versions, the total amount of said job has still to be paid within the allocated payment term agreed upon and mentioned within related job invoice. Modifications at later dates to any part of a job whether free or paid does not constitute an extension to net payment terms as long as they are part of the same job, even if said job carries a different invoice number, and as such, original order invoice due date remains effective and should be respected.
You agree to pay without dispute a 2% (Two Percent) monthly late payment fees, for all non paid account balances over the 30 days payment term. In case you’re offered longer or different payment terms, you agree to respect such terms and agree to pay without dispute a 2% (Two Percent) monthly late payment fees, till balance is paid in full.
We reserve the right to refuse the start or 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.
5. 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 or any other electronic or physical means.
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.
6. Governing Law
These Terms as well as any claim, cause of action or dispute that might arise between you and ClikArt, shall be governed and construed in accordance with Canadian laws and will be governed by the laws of Quebec, Canada, without regard to its conflict of law provisions. You agree to proper venue any suit or any cause of action and to submit to personal jurisdiction in the Courts of Quebec, Canada, any arbitration or litigation related to or in connection with this Terms of Service.
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 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 reserve the right and shall post revised terms on this Site with under “Effective Date” below. PLEASE REVIEW THIS SECTION OF THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE ANY 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 these 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 August 15, 2018. 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).