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TERMS & CONDITIONS

  • DISCLAIMER
    Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. The information contained in this website is for general information purposes only and is provided by www.martakamilla.com. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you may be able to link to other websites which are not under the control of www.martakamilla.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, www.martakamilla.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. COPYRIGHT NOTICE This website and its contents are the copyright of Marta Kamilla – © 2022. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
  • PRIVACY POLICY
    At www.martakamilla.com, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully. INFORMATION WE COLLECT FROM YOU In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’). Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us. You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so. HOW WE USE YOUR INFORMATION Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience. Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately. Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally. Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information. STORAGE AND SECURITY OF YOUR INFORMATION We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers. To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections. We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements. In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law. COOKIES AND PIXELS A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website. Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit. SHARING YOUR INFORMATION WITH THIRD PARTIES We do not and will not sell or deal in Personal Data or any customer information. Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared. DISCLOSURE OF YOUR INFORMATION We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of www.martakamilla.com, our customers or third parties. If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances. LINKS TO OTHER WEBSITES This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website. CHANGE IN PRIVACY POLICY As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy. CONTACT US If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at hello@martakamilla.com and we will respond within 48 hours.
  • GENERAL TERMS & CONDITIONS
    PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern ’s relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "I", "Me", "My", “Us”, “Our” and “We” refers to Marta Kamilla Chrzanowska trading as Marta Kamilla and “You” and “Your” refers to you, the client, visitor, website user or person using our website. CONSENT TO WEBSITE TERMS By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), purchasing any products or services, you warrant that you: - are over 18 years of age and have the legal capacity to enter into a legally binding contract; - have read and accepted these Terms; and - will comply with these Terms. AMENDMENT OF TERMS We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and ’s rights and obligations to each other. LIMITATION OF LIABILITY It is an essential pre-condition to you using our website that you agree and accept that is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. DIGITAL PRODUCTS Digital products will be supplied as digital files to your dedicated email address that you provided us with at the time of purchase/making payment. Please be aware there are inherent risks associated with downloading any software and digital products. Should you have any technical problems downloading any of our products, please contact us so we may try to assist you. Once a link to download a Digital Product has been provided to you, all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Products after they have been downloaded. You may not assign or transfer the Digital Products to any other person without our express written consent. Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us. DIGITAL PRODUCTS RETURNS AND REFUNDS Due to the non-returnable nature of digital products we do not offer refunds for orders received and processed or in case of change of mind. Please contact us at hello@martakamilla.com as soon as possible in the circumstance where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, or if you have any other problems with your items that you have received and we will send the correct Digital Product or a revised download link or will rectify the issue accordingly. All refunds are made at the discretion of Marta Kamilla . ORDERS & PAYMENTS You agree to pay us the price listed on our Website, using any method of payment available on our Website. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card and agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor, which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors and in case when fraud or an unauthorized or illegal transaction is suspected. PRICES POLICY All prices are in Australian Dollars (AUD). We reserve the right to revise our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website. LINKS TO OTHER WEBSITES may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between and the owners of those websites. takes no responsibility for any of the content found on the linked websites. ’s website may contain information or advertisements provided by third parties for which accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. DISCLAIMER To the fullest extent permitted by law, absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so. YOUR PRIVACY At www.martakamilla.com , we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. THIRD PARTIES We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use. EXCLUSION OF COMPETITORS If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Marta Kamilla. Marta Kamilla expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. reserves the right to exclude and deny any person access to our website, services or information in our sole discretion. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Marta Kamilla expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. SEVERABILITY If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect. WHOLE AGREEMENT These terms and conditions represent the whole agreement between you and concerning your use and access to ’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded. EXCLUSION OF UNENFORCEABLE TERMS Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions. JURISDICTION This agreement and this website are subject to the laws of and Australia. If there is a dispute between you and that results in litigation then you must submit to the jurisdiction of the courts of NSW.
  • LOGO AND BRANDED GRAPHIC DESIGN ARTWORK TERMS & CONDITONS
    1. ‘Marta Kamilla’ is Marta Kamilla Chrzanowska trading as Marta Kamilla. 2. ‘The Client’ is the party making a booking for design related services from Marta Kamilla. 3. ‘An Order’ is the request for services from Marta Kamilla. 4. ‘The Project’ means the scope of work and purpose of the client’s identified usage of the work product as described in the quotation.. 5. ‘Quotation’ or ‘Quotations’ means the design quotation provided to the client in writing by Marta Kamilla 6. ‘Service’ or ‘services’ means the service/s to be provided to the Client by Marta Kamilla, as described and otherwise further defined in the quotation. The terms and conditions apply to all dealings between The Client and Marta Kamilla. By placing an order with Marta Kamilla, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions. QUOTATIONS • All quotations are valid for 7 days only. • All prices are excluding GST unless otherwise stated. • All prices are in Australian Dollars. • Any additional work outside the terms of the quotation will be charged at an hourly rate of $65 per/hour. • Marta Kamilla is not responsible for increases in materials by third party services (eg printers, packaging suppliers, web developers) where the increases are beyond our control. PAYMENTS • A 50% non-refundable booking deposit is required before starting any branding, design and illustration projects over $500. • All branding, design and illustration projects under $500 are to be paid in full upfront. • All overseas clients are required to pay 100% upfront regardless of the project price. • Payments are to be made by bank deposit transfer. • All invoice terms are 5 business days from the date of the invoice. • Accounts which are not paid on time will incur a late administration fee of $50. • Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding. • Once artwork has been approved, the remaining 50% of invoice is due promptly within 5 days. Final artwork files will not be handed over until the invoice has been paid in full. • All work not completed within a 2 month period will be invoiced regardless. • Payment is required for any artwork or drafts, that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’. • If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors) CANCELLATION • The Client may cancel this Agreement for any reason by providing a minimum of 10 days written notice to Marta Kamilla, any deposit paid prior to cancellation will be non-refundable. • Marta Kamilla may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Marta Kamilla cancels this Agreement, Marta Kamilla will provide any artwork completed and paid for to date. DESIGN QUESTIONAIRE • All questions included in the Design Questionnaire are to be answered thoroughly. Any vague answers such as “I don’t care” “whatever you think” etc, will not be accepted. CONTENT REQUIRED • Projects will not commence until all content (copy and images) has been received. • Marta Kamilla has no obligation to review or monitor any material submitted by the Client for a project and the Client must not assume that Marta Kamilla will do so. • If there are delays on providing content by the Client's set start date, their project will be put on hold until an available project date is available again to commence and there will be a $200 fee to restart the project again. • Marta Kamilla reserves the right to reject images that will lower the integrity and quality of the project and selfies will be rejected. Images taken from the internet and low resolution files will not be accepted. All images to be high resolution - 300 dpi only. PROJECT DELAYS • If for any reason the Client needs to delay our project due to illness or a family emergency, we will need to reschedule your project into our queue behind the other clients in our waiting list. Please let us know as soon as possible. If for any reason we don’t hear back within 7 days after we require feedback from you, we will cancel your project. In order to resume your project, you will need to pay a restart fee of $200 and be placed back in our queue behind our other client projects. NO GUARANTEES • Marta Kamilla cannot guarantee the outcome of design services and the client’s comments about the outcome are expressions of opinion only. •The Client acknowledges that Marta Kamilla cannot guarantee any results for design as outcomes are based on subjective factors that cannot be controlled by Marta Kamilla. COMMUNICATION • Marta Kamilla is an online business therefore the majority of our communication is made via email or project management software, this helps us keep track of specific design requirements & any changes required. • If you would like to chat with us on the phone or via Skype/Zoom we are happy to do so, however we ask that you please email us and make an appointment for a time to chat. • The Client must provide Marta Kamilla with clear and concise written instructions in a timely manner from receiving the Welcome Kit to allow Marta Kamilla to perform the Services in accordance with the projected timeline. GHOSTING BY THE CLIENT • At Marta Kamilla our time is valuable. Once a design project is presented to the Client, Marta Kamilla expects a reply back within a short period of time with changes or approval (usually within up to 1 week or as per the Welcome Kit timeframe guide). Marta Kamilla will follow up but if there is no response back from the Client and there is no communication after 1 month from the last date of correspondence, the design project will be closed. • Once the project has been closed and the Client returns to make changes, additional costs will be incurred to reopen the design job and make these changes. However, Marta Kamilla has the right to not complete the artwork and end the contract with the Client. • If there are 50% fees still outstanding on the invoice, no design files will be given to The Client until the full payment is made within 5 days. • No refunds will be given if the invoice has already been paid in full. ADDITIONAL EXPENSES AND EXPANSION OF THE SCOPE OF WORK Work falling outside of the scope of the Services requested by the Client, either orally or in writing, will incur additional charges. Work falling outside of the scope of the Services includes, but is not limited to: additions to the list of the Project scope; alterations to text supplied by the Client for use in the Project; additional drafts required in the provision of the Services; changes to the Client’s instructions or the brief; changes to any part of the Project after the delivery date; additional consultations; and conversion, adjustment or manipulation of images; Where additional work requested outside of the scope of the Services, it is in the sole and exclusive discretion of Marta Kamilla, substantially, a schedule of the additional Services must be annexed to the revised Quotation. The provision of those Services will be subject to the terms of this Agreement; While Marta Kamilla maybe not be available on a last-minute request - urgent work requested outside of the scope of the Services which is required outside of ordinary business hours will be charged at an hourly rate equaling ordinary hourly fees of $65/ph + a last minute rush fee of $30/ph. DESIGN CHANGES • With all design projects, Marta Kamilla will mention the number of revision rounds the Client will have and this is stated in the Quote/Welcome Kit. 'Revisions/changes' are classed as minor alterations to the text or graphics only. • If the Client has major changes or wants to see additional concept/s after they have seen the approved final version/proof or the Client has changed the direction of the project after seeing it, from what was clearly stipulated in Client's quote and agreement, then this is classed as a 'major' change and additional costs will be incurred for Marta Kamilla's time to make the changes and present a new concept proof/s. The Client will be quoted prior to commencing these changes. • If the Client changes the total direction from the Design Questionnaire and the Quote originally provided after the design concepts have been presented, there will be additional fee of an 50% of the original price to accommodate the scope shifting. The project will then need to be started again and Marta Kamilla will require a new Design Questionnaire to be completed. CLIENT’S UNDERTAKING AND WARRANTIES By signing the Client's Agreement and agreeing to the Terms & Conditions outlined here, the Client undertakes and warrants that: • Marta Kamilla will exercise reasonable care, honesty and diligence in providing the Services. The Client nonetheless warrants that it is responsible for ensuring that the Project is not contrary to law, including: i. ensuring that the Project does not infringe the copyright or moral right of any person in relation to any material the Client has provided to Marta Kamilla; ii. ensuring that the Project does not infringe the trade mark rights of any person, including by undertaking trade mark searches where appropriate; iii. ensuring that the Project is not by law defamatory of any person; iv. ensuring that the Project is not obscene, blasphemous, offensive or discriminatory; and v. ensuring that the Project does not constitute conduct that is in breach of the provisions of the Competitions and Consumer Act 2010 (Cth) or that gives rise to an action in passing off, including by undertaking trade practices clearances where appropriate; The Client must ensure that all statements purporting to be facts in the Project are true and correct and that no advice or instructions in the Project will if followed or implemented by any person cause loss, damage or injury to them or any other person. The Client will use and publish the Project at its own risk.The Client will indemnify Marta Kamilla against all claims arising from Marta Kamilla's use of any information or documents supplied by the Client or for any act or thing done by Marta Kamilla on the Client’s instructions or with the Client’s approval. LIABILITY Although Marta Kamilla will take all care in providing the Services, Marta Kamilla accepts no liability to the fullest extent of the law regarding: any consequential loss, damage or injury, however it may arise; any punitive, additional or exemplary damages; If Marta Kamilla is found to be liable for any claims, losses, damages, costs or injuries arising out of this Agreement, the quantum of the sum of all liability or liabilities is strictly limited to the value of the quote agreed. RETRIEVAL OF WORK Marta Kamilla retains electronic archives of completed Projects for a period of no longer than 2 years. If the Client looses or accidentally deletes any digital files supplied by Marta Kamilla at the completion of the Project, Marta Kamilla can re-upload to Google Drive, for a fee of $30 excluding GST per request, providing the request from The Client has been made within 2 years from the date of completion. To the fullest extent permitted by law, Marta Kamilla accepts no liability for any loss or damage that may occur to archived work. COPYRIGHT • All preparation materials, sketches, visual elements, unused concepts including the electronic files used to create the Project, remain the property of Marta Kamilla and Marta Kamilla has full rights to use the mentioned preparation materials, sketches, visual elements, unused concepts for other clients projects or for commercial purposes (including reselling on Marta Kamilla website and/or on other commercial platforms). • The Client assumes copyright and reproduction rights to the logo and other branded graphic design work created by Marta Kamilla upon full payment for a completed project. • Marta Kamilla retains personal rights to use completed projects and concept artwork for the purpose of marketing Marta Kamilla. • All images displayed on the Marta Kamilla website or social media channels are subject to copyright, and must not be copied or used without full permission from Marta Kamilla and the Client. Any breach of copyright will result in legal action being taken as necessary. DESIGN CREDIT • The Client allows Marta Kamilla to display any projects on the Marta Kamilla website/ social media channels and portfolio for self promotion and marketing purposes. • The Client agrees to allow Marta Kamilla to credit design work on all websites designed by Marta Kamilla. TURNAROUND TIMES Marta Kamilla will make every effort to meet deadlines. All quoted turnaround times are approximate. Marta Kamilla will not be held responsible or liable for any costs resulting from late artwork or printing deliveries. APPROVAL • Approval is required for all projects, via email prior to work being released. • Whilst all care is taken by Marta Kamilla, Marta Kamilla is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Marta Kamilla, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval. IMAGES • Some designs may contain stock images that are available for purchase. The costs of purchase will be paid by the Client. • Any images supplied by the Client must be provided in high resolution and preferably in CMYK. Marta Kamilla is not responsible for colour variations in conversion from RGB to process CMYK. • Marta Kamilla is not responsible for the reproduction quality of supplied images. COLOUR MATCHING & PRINTING • Whilst all care is taken, Marta Kamilla does not take responsibility for Client supplied artwork that does not print properly. • Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of final printed piece. Printed colours can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process. • Trimming can vary from printer to printer. • Marta Kamilla is not responsible for providing printing services. All prices provided in quotations do not include printing costs.
  • PATTERN LIBRARY, CUSTOM PATTERNS AND CUSTOM ILLUSTRATIONS TERMS & CONDITIONS
    1. PATTERN LIBRARY AND LICENSED PATTERNS Pattern Library is a virtual password-protected library (Pattern Library) on our website and is a collection of original artworks and designs created by Marta Kamilla that are prepared and provided in a form of digital seamless patterns (Licensed Pattern/s) that can be printed on a variety of surfaces and products. In order to enter the Pattern Library and view our patterns, you will need to submit a web-form (Application) to us indicating details including among others but not limited to your name, business name, address, website, email, as well as intended use and product category you wish to use the patterns for. You are responsible to ensure that the details you provided are true and correct. Once we receive and review your submitted application, we may accept your request and provide you with the password to enter the Pattern Library. Once we accept your Application we notify you via email and provide you with the password to enter the Pattern Library. You agree not to share the Pattern Library access password with any other person except as absolutely necessary to enable the management or executive level of your business to access the Pattern Library, such as sharing with your business partner. By purchasing a Licensed Pattern in our Pattern Library you are purchasing a Licence to use the Licensed Pattern under certain conditions, restrictions and limitations, as specified in License Terms and Conditions you must read and agree to. Any purchases relating to any Licensed Pattern are not purchases of the copyright in the Licensed Pattern. Similarly, we are not assigning to you the ownership and the intellectual property rights to the Licensed Pattern/s. Marta Kamilla remains the owner of each Licensed Pattern in the Pattern Library. Prior to placing an order and purchasing a Licensed Pattern, you must read and agree to the License Terms and Conditions. Any order placed in relation to a Licensed Pattern/s is an offer by you to purchase that particular Licensed Print/s in accordance with these Terms and Conditions, and we reserve the right to accept or reject an order you make for any reason. You acknowledge and agree that from time to time, the Licensed Patterns may be unavailable and we may not be able to fulfill all or part of your order. If this occurs, we will contact you within a reasonable time to offer arrangements such as change in your order to replace or exchange the Licensed Pattern with a comparable Licensed Pattern in a similar price range (where available) as agreed with you or come to an alternative arrangement. 2. PRICES All prices for the Licensed Patterns and design/customisation fees are in Australian dollars, and you agree to pay the stated price (and any applicable charges and taxes) in Australian Dollars for all orders. We reserve the right to change the prices of our Licensed Pattern/s or design/customisation fees at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us. We reserve the right to amend any pricing errors displayed on this website or Pattern Library due to human error, computer malfunction or any other reason. 3. PAYMENTS We accept payment via third party payment gateways. We reserve the right to change our mode of payment at any time. To the extent permitted by law, we will not be held liable nor responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions. If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Licensed Patterns against your order. For more information about how third party payment providers and gateways store your financial information, please visit their privacy policy. 4. ACCESS TO LICENSED PATTERNS Once payment has been made, your order will be strictly a pending order. All payments and orders are pending orders until the final Licence Agreement which will be tailored to your needs has been signed. All Licensed Patterns in our Pattern Library are available and sold as Digital Products. After signature of the Licence Agreement has occurred, a digital high-resolution file of your Licensed Pattern/s will be provided to you via email. You acknowledge and agree that Licensed Patterns in our Pattern Library may not be purchased from us for re-sale. 5. REFUNDS Due to the non-returnable nature of Digital Products and Licensed Pattern/s being sold as such, we do not offer refunds for orders received and processed in case of change of mind. In the circumstance where the incorrect Licensed Pattern/s file has been sent to you, or where the link provided to download the Licensed Pattern/s is not working, or if you have any other problems with your Licensed Pattern/s that you have received, please contact us at hello@martakamilla.com and we will send the correct Licensed Pattern/s or a revised download link or will rectify the issue accordingly. 6. LICENCE TYPES AND TERMS Each Licensed Pattern in our Pattern Library is licensed with a Non-exclusive Licence for the term of 2 years from the date of purchase by you. Licensed Patterns with a Non-exclusive license will not be sold to another client/business in the same industry/category, for the same term/duration as your Licence; ie. if you sell wallpapers with the Licensed Pattern purchased from us and applied, we will not sell the same pattern to another brand who sells wallpapers for the same period of time as covered by your Licence. You have an option to purchase an Exclusive Licence for the Licensed Pattern/s in our Pattern Library. A Licensed Pattern/s with an Exclusive Licence will be quoted separately and sold to one client solely for a limited period of time that will be agreed upon between you and Marta Kamilla before placing an order and purchasing the Licensed Pattern. You will be notified a month in advance when your Licence for the Licensed Pattern expires and may be offered an option to renew the Licence for another 2 year period. If you receive an offer to extend the Licence and you wish to do so, you must notify us before your current Licence expiry date. The fee for Licence renewal will be stated in the renewal offer and the renewed Licence will be effective based on the same terms and conditions as previous Licence, unless we decide and inform you otherwise. When your Licence in the Licensed Pattern/s expires or is terminated, you must: (a) immediately discontinue to print, manufacture, sell, distribute or use in any manner the Licensed Pattern, unless the 3 month Grace Period applies to you (please see below); (b) use all reasonable efforts to delete or destroy all copies of the Licensed Pattern in electronic form from any electronic devices or databases owned or maintained by you, including any email or electronic messages containing the same and backups retained for archival and recovery purposes. When your Licence expires you may be offered and allowed a 3 months Grace Period after Licence expiration during which you are obligated to discontinue sale, manufacturing and any other distribution of all remaining inventory of physical products where the Licensed Pattern has been applied/used. The 3 months Grace Period does not apply to digital goods and products that feature the Licensed Pattern. That means that you must immediately discontinue sale and/or any distribution of any of the mentioned digital goods or products once your Licence in Licensed Pattern/s expires. 7. YOUR OBLIGATIONS You must use and deal with the Licensed Pattern/s strictly in accordance with the License Terms and Conditions and your License Agreement. You are responsible for maintaining the security of the Licensed Pattern/s. You agree to use the Licensed Patterns for your business’ commercial use only, you cannot assign or transfer your rights in the Licensed Patterns to any third-party. You agree not to copy, distribute, reproduce or communicate the Licensed Patterns or parts thereof that are made available to you other than permitted under these Terms and Conditions. If we become aware that you have used or otherwise dealt with the Licensed Pattern/s in a manner inconsistent with, contrary to or in breach of the Licence Terms and Conditions and/or your License Agreement, then we reserve the right to terminate your License in the Licensed Pattern and take action against you. You are responsible for ensuring you have access to required hardware and software to access the Licensed Pattern/s. You are solely responsible for all uses, productions, manufacturing or application of the Licensed Pattern/s. We will only supply you with a Licensed Pattern. 8. WARRANTIES We warrant that the Licensed Pattern/s we deliver: are owned by us, in terms of right, title and interest in the intellectual property rights in respect of all Licensed Patterns; will match the description in the order form; will be free of third party claims; and will be of acceptable quality as defined in the Australian Consumer Law. 9. DISCLAIMER We do not guarantee that you will achieve a particular result, outcome or quality from using or applying the Licensed Pattern/s. This includes no guarantee as to the merchantability, profitability or aesthetic result of any use or application of the Licensed Pattern. You acknowledge and agree that, to the extent permissible at law this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. Further, images of the Licensed Pattern/s displayed on this Website are for illustration purposes only and colours and detail may vary in real life. Screen proofing is not indicative of the final printed piece. Printed colours can vary from printer to printer, job to job, run to run, etc. due to the nature of the printing process. We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.
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