Terms of Service

Welcome to Mad Muse Creative. By engaging our services, you agree to the following terms and conditions. Please read these carefully, as they form the basis of our agreement.

1. Introduction

These Terms of Service (“Terms”) set forth the agreement between you, the client (“Client”), and Mad Muse Creative (“Vendor,” “Agency,” “we,” “us,” or “our”). By engaging with our services, you acknowledge and accept these Terms.

2. Price and Payment Terms

1. Project Pricing and Payment Schedule:
   • Client agrees to pay the Vendor the amounts specified in the Statement of Work or Proposal.
   • Reimbursable expenses (e.g., stock imagery, plugins, or third-party resources) will be pre-approved by the Client and are due upon receipt of the invoice.
2. Late Payments:
   • Payments not received within seven (7) calendar days of the due date will incur a late fee of 15% of the outstanding balance.
   • An additional interest rate of 1.5% per month (or the maximum rate allowed by law) will apply to balances overdue by more than thirty (30) days.
3. Collection Costs:
   • Vendor is entitled to recover all costs and attorney fees incurred in collecting unpaid balances under this Agreement.

3. Changes to Scope

1. Additional Work Requests:
   • Any changes requested by the Client to the original project scope will require additional payment. These changes must be agreed upon in writing by both parties prior to execution.
   • No additional payment will be required for changes necessary to conform to the original assignment description.

4. Ownership of Work

1. Ownership Upon Payment:
   • Upon full payment, all selected final materials, artwork, and/or digital deliverables created specifically for the Client will become the property of the Client.
   • Work performed by Vendor shall be considered “work for hire” as defined under U.S. copyright law.
2. Portfolio Rights:
   • Vendor retains a nonexclusive, perpetual, worldwide right to display and reproduce the designs for promotional purposes, including in portfolios, websites, trade publications, and awards exhibits.
   • Vendor reserves the right to be credited with copyright ownership and authorship of the designs in such instances.

5. Confidential Information

Both parties agree to hold confidential any proprietary or sensitive information disclosed during the course of the project. Such information must be clearly marked as confidential or reasonably understood to be so.

6. Mutual Indemnification

Each party agrees to defend, indemnify, and hold the other party (including subsidiaries, affiliates, shareholders, directors, officers, employees, or agents) harmless from any claims, lawsuits, or proceedings arising out of the wrongful acts or omissions of the other party in connection with these Terms. This includes, but is not limited to, intellectual property disputes, and covers all associated losses, judgments, awards, and costs (including reasonable legal fees).

7. Cancellation Policy

1. Notice Period:
   • Either party may terminate the agreement with a minimum of five (5) days written notice to the other party.
2. Payment Obligations:
   • In the event of cancellation, the Client will pay for all work and expenses completed up to the date of termination based on the agreed contract price.
3. Ownership Transfer:
   • Upon cancellation, all copyrights and original artwork created up to the date of cancellation will transfer to the Client upon payment in full.

8. Chargeback Policy

1. Chargeback Prohibition:
   • The Client agrees not to initiate chargebacks or disputes through their financial institution without first notifying the Vendor and providing a reasonable opportunity (14 business days) to resolve the issue.
2. Penalties for Chargebacks:
   • Unauthorized chargebacks will result in:
     • The Client being responsible for repaying the disputed amount plus any processing fees incurred by the Vendor.
     • A penalty fee of $250 added to the Client’s account for breach of this policy.
     • Immediate suspension of work on the project until the matter is resolved.
3. Legal Action:
   • If a chargeback is resolved in favor of the Vendor, the Vendor reserves the right to pursue the full outstanding balance through legal means, including recovery of attorney fees and court costs.

9. Limitation of Liability

The Vendor will not be held liable for:

• Delays caused by the Client’s failure to provide necessary content or feedback.
• Losses, damages, or interruptions caused by third-party vendors, hosting providers, or other service disruptions beyond the Vendor’s control.

10. Amendments

These Terms may be updated periodically. Continued use of services constitutes acceptance of the revised Terms.

If you have any questions or concerns, please contact us:
Mad Muse Creative

Michelle Bennett
Phone: 414-207-9077

By engaging with Mad Muse Creative, you confirm your agreement to these Terms of Service.