Terms & Conditions
PRIVACY POLICY
BY VISITING THIS WEBSITE YOU ARE CONSENTING TO OUR PRIVACY POLICY.
The terms “we,” “us,” and “our” refers to MARLEE NEWMAN DESIGN. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Your safety and privacy online is of utmost importance. Any personal information you provide, including and similar to your name, address, telephone number and e-mail address will not be released, sold, or rented to any third party entities or individuals. The only time we would share your contact information is during our cross-promotion with one of our clients.
The information you provide is used to process transactions, send periodic emails, and improve the service we provide.
CANCELLATIONS, REFUNDS & RETURNS
For Commissioned Fine Art: Once work commences on the project, any initial payment is non-refundable. In the event of dissatisfaction, all complaints must be emailed to marleesnewman@gmail.com and all efforts will be made to restore satisfaction.
For Design Work: Once work commences on the project, any initial payment is non-refundable. In the event of dissatisfaction, all complaints must be emailed to marleesnewman@gmail.com and all efforts will be made to restore satisfaction. The refund request will be nullified if any initial concepts are approved by the client. In case of discontentment, the client holds the absolute rights to disapprove the initial concepts and request for a refund (of any monies paid over the non-refundable deposit of 50%). The refund policy will be considered invalid if the client endorses a design and requests for a revision.
In the event of cancellation of the assignment, ownership of all rights in Marlee Newman's work products shall be retained by the Marlee Newman, and Client shall have no rights to use or adapt the work products. A cancellation fee for work completed, based on the pro-rated portion of the next payment and expenses already incurred, shall be paid by the Client, and Client shall promptly return to Marlee Newman all copies of Marlee Newman's work products and shall permanently delete all digital copies thereof.
LIMITATION OF LIABILITY
Client agrees that it shall not hold the Marlee Newman liable for any incidental or consequential damages that arise from the her failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or a third party. Furthermore, the Designer disclaims all implied warranties, including the warranty of merchantability and fitness for a particular purpose. Client shall be responsible for all compliance with laws or government rules or regulations applicable to Client’s final product(s).
To the extent the final work products include any word, symbols, logos or other content used to designate Client as the source of goods or services (“Trademarks”), Client shall have sole responsibility for ensuring that Trademarks do not infringe the rights of third parties, and Client shall indemnify, save, and hold harmless Consultant from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party alleging trademark infringement, or arising out of Client’s failure to obtain trademark clearance or permissions, for use of Trademarks.
The maximum liability of Consultant to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, shall be limited to an amount equal to the total fees paid by Client to Consultant hereunder. In no event shall Consultant be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Services, even if Consultant has been advised of the possibility of such damages.
CONFIDENTIALITY & NONDISCLOSURE
It is agreed that Marlee Newman shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of Client's confidential affairs of or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of Client.