By using Maru Africa Design, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Maru Africa Design services. Maru Africa Design may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, ‘Maru Africa Design’, the ‘Maru Africa Design’ service, all services related to it, and all text, images, photographs, user interface, “look” and “feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the “Web Site” or “Service”. Maru Africa Design is a division of Maru Africa Pty. Ltd.
Ownership, Rights to Use
Web Site and Service Generally: Except as expressly contemplated under this Agreement, as between ‘Maru Africa Design’ and the Client, ‘Maru Africa Design’ will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under South African and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, of ‘Maru Africa Design’, including “‘Maru Africa Design’”, without the prior written consent of Maru Africa Pty. Ltd. who may agree or refuse in its sole discretion for each such request.
Rights of Maru Africa: The Client grants ‘Maru Africa Design’ and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by ‘Maru Africa Design’, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Client with the Service and the designs.
Rights of the Client: Subject to the Client’s compliance with the terms and conditions of this Agreement, the Client shall own the final design provided to the Client by ‘Maru Africa Design’ hereunder. The Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to ‘Maru Africa Design’. The Client acknowledges and hereby grants to ‘Maru Africa Design’ the right to use Creative and Revision Briefs, as well as individual designs provided to the Client, for internal and filing purposes, and in order to display and promote the ‘Maru Africa Design’ Service. The Client acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Client acknowledges that ‘Maru Africa Design’ shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.
Until final design is approved as per standard contract with ‘Maru Africa Design’, all logos, artwork, concepts and designs remain the copyright and exclusive property of ‘Maru Africa Design’. This material may not be reproduced in any other way without the prior written consent of Maru Africa Pty Ltd. or our agents. of Maru Africa Pty Ltd. reserves the right to utilize and/or reproduce any image, logo or illustration created by ‘Maru Africa Design’, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to ‘Maru Africa Design’, you agree and consent to these terms and conditions.
Accordingly, the Client is encouraged to perform its own independent searches with regard to the designs provided by ‘Maru Africa Design’. Furthermore, The Client acknowledges that ‘Maru Africa Design’ shall have no responsibility or obligation of any kind to assist the Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall ‘Maru Africa Design’ be responsible in otherwise assisting the Client in any way in the Client’s perfection of the Client’s rights in or to the designs.
Ownership (copyright and title) of the final artwork become the property of the Client, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. ‘Maru Africa Design’ retains rights to display the artwork in its portfolio and advertising materials. Maru Africa Pty Ltd. retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Client or are not included into the final delivery.
Maru Africa Design expects the Client to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Client’s legal rights to any name or image. ‘Maru Africa Design’ is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. ‘Maru Africa Design’ is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Client and his/her agents. All trademark matters are the full responsibility of the Client.
In case you order an exclusive right to the logo design, you will own all rights to the logo once you make full payment. The designs are sold to the Client from whom payment is first received. A logo with Exclusive Right once sold to a Client will not be sold to another Client. Licensing the font used in the logo (both Custom and Pre-Made) is the responsibility of the Client.
Maru Africa Design will hold your logo design files in our archives for 1 year from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. ‘Maru Africa Design’ may charge a reasonable amount for re-supplying the logo or design files from our archives after the initial delivery.
Should the Client require additional artwork beyond the scope of the ordered design service package (either concurrently with the logo project or at a later date), the Client will be offered a Free Quote for the Additional Services. Additional work will be done after the Client pays for the add-on services in advance.