These terms govern the relationship between MAXIMIZARTE ([LEGAL ENTITY NAME], [TAX ID / EIN], registered at [ADDRESS]) and the individuals or companies that hire its creative services.
1. Purpose and scope of services
MAXIMIZARTE is a creative agency offering graphic design and advertising, branding and visual identity, editorial design, digital marketing, web development and AI-powered solutions.
The exact scope of each project (deliverables, formats, quantities, timelines and price) is defined in the quote or proposal approved by the client, which forms an integral part of these terms. Any requirement not described there is considered out of scope and quoted separately.
2. Engagement process, quotes and proposal approval
Every engagement starts with a discovery session, followed by a written quote covering scope, timing and price.
Quotes are valid for [NUMBER] calendar days. Written approval of the proposal (email, digital signature or confirmation message) constitutes full acceptance of these terms and starts the project.
3. Payment terms, deposits and invoicing
Unless otherwise agreed in writing, projects require a [PERCENTAGE]% deposit to start, with the balance due upon final delivery.
Recurring services (marketing, web maintenance, content) are invoiced monthly and in advance. Prices exclude applicable taxes and third-party costs such as printing, ad spend, font or image licenses, domains and hosting, which are billed separately.
Payments are made in [CURRENCY] via [PAYMENT METHODS]. Balances overdue by more than [NUMBER] days may result in project suspension and interest as permitted by applicable law.
4. Revision rounds and scope of changes
Each deliverable includes up to [NUMBER] revision rounds on the selected route. A revision means a consolidated set of adjustments sent in a single document or email.
Changes of creative direction, new concepts requested after approval, or adjustments after project closing are quoted as additional work at the then-current rate.
5. Timelines and client responsibilities
Timelines are counted in business days from the deposit payment and the delivery of all required materials.
The client agrees to provide information, copy, images, access credentials, brand guidelines and approvals in a timely manner. Delays in materials or approvals shift the schedule proportionally, with no liability for MAXIMIZARTE.
The client warrants that it holds the rights to all materials it provides and is responsible for their use.
6. Intellectual property
Once full payment is received, MAXIMIZARTE assigns to the client the economic rights of use and exploitation over the approved, delivered final deliverables.
MAXIMIZARTE retains ownership of sketches, creative routes, concepts and non-approved proposals, as well as of its methodologies, templates, base code and internal tools.
Moral authorship rights remain with the author as required by applicable law. Third-party licenses (fonts, images, plugins, software) are governed by their own terms and their renewal is the client's responsibility.
7. Portfolio and promotion of the work
Unless a prior written confidentiality agreement is in place, MAXIMIZARTE may showcase the work in its portfolio, website, social media, presentations and award submissions, including the client's name and brand.
8. Confidentiality
Both parties agree to keep confidential the commercial, technical and strategic information exchanged, and to use it solely to carry out the project. This obligation survives for [NUMBER] years after the relationship ends.
9. Cancellations and refunds
The client may cancel the project at any time with written notice. Work performed up to that date will be invoiced and the deposit is non-refundable, as it covers schedule reservation and conceptual work already started.
MAXIMIZARTE may terminate the agreement for non-payment, client unresponsiveness for more than [NUMBER] days, or requests contrary to law or professional ethics.
10. Limitation of liability
Services are delivered with professional diligence, but MAXIMIZARTE does not guarantee specific business results such as sales, reach, rankings or conversions, as these depend on external factors.
MAXIMIZARTE's total liability is limited to the amount actually paid for the project. It is not liable for indirect damages, loss of profit, data loss, or failures of external providers (hosting, platforms, social networks, AI services or print shops).
11. Governing law and jurisdiction
MAXIMIZARTE operates between Colombia and the United States.
[PLACEHOLDER — GOVERNING LAW: state the law that governs this agreement, e.g. the Republic of Colombia or the State of [STATE], USA.]
[PLACEHOLDER — JURISDICTION: state the competent courts or dispute-resolution mechanism, e.g. arbitration in [CITY].]
12. Changes and contact
MAXIMIZARTE may update these terms by publishing a new version on this page. For questions or requests, write to hola@maximizarte.com.