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1.1 Acceptance of Terms and Conditions 1.1.1 Please read these Terms and Conditions carefully. These Terms and Conditions govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. 1.1.2 Mojito reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this Site. 1.1.3 You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting us. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account. 1.2.1 You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Mojito (referred to herein as 'Products' ). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Mojito does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Mojito. 1.2.2 You agree to use this Site in a responsible manner that is in full compliance with these Terms and Conditions and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Andaluz Deszign may terminate its service to customers found to be using Mojito to engage in undesirable activities. 1.2.3 You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Mojito to produce the Products on your behalf. 1.2.4 You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. 1.3.1 The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site. 1.4.1 You agree that you shall indemnify and defend Mojito and all parties from whom Mojito has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.You agree that you shall indemnify and defend Mojito and all parties from whom Mojito has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content. 1.5.1 THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 1.6.1 IN NO EVENT SHALL MOJITO OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MOJITO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MOJITO OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MOJITO BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT. 1.7.1 Mojito reserve the right to use the services of third parties to fulfil it's obligations to you. 2.0.1 These Terms and Conditions establish the terms under which Mojito will perform your Product Design. The general Mojito Terms and Conditions, given above, are incorporated by reference into and made a part of these Product Design Terms and Conditions, except to the limited extent that the general Mojito Terms and Conditions are expressly modified below. 2.0.2 By requesting a Product Design from Mojito, you agree to be bound by these Terms and Conditions. Please read them, and the general Mojito Terms and Conditions incorporated herein, carefully. If you do not wish to be bound by the Terms of Use, Mojito will not be able to perform Product Design for you. 2.1 General Terms for Product Design 2.1.1 If you are requesting a Product Design project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use. 2.1.2 If you provide Mojito with any text, images, designs, or other content for incorporation into your Product Design project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party. 2.1.3 The designs and/or written copy (collectively, 'Designs' ) prepared by Mojito for you as part of your Product Design project may have similarities to Designs prepared by Mojito for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Mojito and Mojito reserves the right to use the same or similar Design elements in other Product Design projects or otherwise for other parties in the future. Except for the specific Product Design project content provided to Mojito by you, all rights in all Product Design work product, including without limitation both final Designs and all interim and draft Designs, are retained by Mojito. Your right to use any Designs prepared by Mojito for you is limited to the finished printed products in the form they are supplied to you by Mojito. You may not copy, disassemble, modify, or transfer any such Designs. 2.1.4 Mojito reserves the right, in Mojito's sole discretion, to refuse to accept any Product Design project or to terminate any Product Design project prior to completion at any time and for any reason. You agree that Mojito shall have no liability of any kind to you or to any third party arising from such refusal or termination. 2.1.5 Mojito reserves the right to make changes to these Terms of Use and to the products and services offered by Mojito Product Design at any time without prior notice. You should review these Terms of Use, and the incorporated Mojito Terms of Use, each time you access the Mojito site. 2.1.6 Mojito reserves the right to use any Designs and/or your finished Product Design project products as sample work for advertising and promotional purposes and for internal purposes. 2.2 Terms Applicable to Delivery of Designs and Pre-paid Fees 2.2.1 Payment for any and all stationery design services to be provided by Mojito Product Design is due in advance of any work by Mojito Product Design. 2.2.2 Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. Your Designs will be delivered in web preview format by email notification, which you must view by logging in to your Mojito account. If the email address you provide is not valid or is filtered by your email system, Mojito Product Design will not be liable for any missed deadlines and will not refund clients for this reason. 2.2.3 Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee. 2.3 Acceptance and Cancellation 2.3.1 Projects may not be cancelled. If you do not reply to an email requesting feedback on a Design within 10 days, you will be deemed to have accepted such Designs, and your products will be printed and despatched. No refund will be made. 2.4 Additional Customer Requirements 2.4.1 You must be 18 Years old or older to purchase aProduct Design project and utilize Mojito's Services. 2.4.2 It is your responsibility to provide images, or other content if needed to complete the project. You must contact Mojito with any changes, updates, or enhancements to the project you are requesting starting from date of sale. 2.4.3 You must contact Mojito Product Design by email for any requests to cancel services. 2.5.1 Mojito Product Design disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Mojito site or any information, even if Mojito has been advised of the possibility of such damages. 2.5.2 All delivery times are estimates only, and Mojito is not responsible for any late Product Design projects and/or impact to Customer's business due to a late project and/or printing. Mojito advises that Customers plan at least one month for any Product Design project and associated printing and shipping time. 3.1.1 You encounter no fees in being a "user" of this site. You are only liable to pay when you have chosen a package and placed an order. If payment is not made, we reserve the right to cancel the order without letting you know. If payment is made, we will happily begin your logo order. The deadline dates indicated on the site are intended to help Mojito and the users expect when the logo package will be delivered to the user. No claim in any form, monetary or non-monetary, can be made against Mojito (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) if the deadline date is not reached in time. 3.2.1 Mojito does not offer refunds for the Logo Design Service. But we do offer unlimited revisions so that you will be happy with your final design. 3.3.1 A revision is the request for any type of change to a logo or combination of logos we have sent to you so as to provide you 100 percent satisfaction . This may mean, for example, a change of:
3.3.2 You shall have 30 days to respond to each response sent to you. If after 30 days you have failed to respond, Mojito will assume that your project is complete and the project shall be deemed completed. At such time, Mojito will have no further obligation to you. Notwithstanding the foregoing, Mojito reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. 3.4.1 Mojito reserve the right to use the services of third parties to fulfil it's obligations to you. 4.1.1 Fees are non-refundable unless stated within these Terms and Conditions. 4.1.2 We aim to delivery your initial website design to you within 14 days. This is a guideline and times will vary depending upon your requirements. 4.1.3 Upon delivery of the website code, either by email or by cd, full ownership and copyright passes to the customer (subject to copyright as stated within Site Content). 4.2.1 Mojito will not accept commissions for sites which depict, describe or condone any kind of illegal activity (according to the laws of Mainland Spain). If you do submit a request for such a site, your payment will be refunded, subject to a 15% processing fee. 4.2.2 Mojito provide the design and code for your website. You are responsible for providing text and images which are to be included. Mojito does not accept responsibility for websites which cannot be completed due to non-response to requests for content. 4.2.3 In some cases where templates are used, there may be additional copyright restrictions laid down by the author. 4.3.1 You are entitled to the number of revisions as stated in the package you order. A revision is classed as a request for a change to the website design or inclusion of additional content not made available during initial consultation. Once you have accepted the website and have received the code, no further revisions can be made. You must then take out our Website Update Service. 4.4.1 If the Website Update Service is included in your package or you have chosen this as an optional extra, Mojito will update your website on a weekly basis for one calendar year following receipt of payment. 4.4.2 Design changes should be minor. If you require major changes, we will quote a price. 4.4.3 For text and image changes, these will be made by the end of the week in which we receive of the information. Please try to limit requests to one per week. 4.4.4 If the number of changes is deemed excessive by us, we reserve the right to cancel the agreement 4.4.5 Mojito does not accept responsibility for failing to update a website where insufficient details have been provided. 4.4.6 You agree to provide full details to Mojito in order for us to access your server and/or database in order to carry out website updates. These details will be destroyed at the end of the contract period. 4.4.7 Urgent Update Service is subject to availability at a cost of 15 Euro per hour. 5.0.1 Mojito do not provide hosting and domain name services directly. Your contract will be with the supplier, and not with Mojito. Mojito may receive a referrer fee from the supplier. |
1. GENERAL AND PRINTING 2. PRODUCT DESIGN 3. LOGO DESIGN 4. WEBSITE DESIGN |
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The following constitute the Terms & Conditions relating to the use of this website and proceeding with an order. |
