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Terms and Conditions

Last Updated 27.08.2023

1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of MDAK LIMITED and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by MDAK LIMITED and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of New Zealand, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without MDAK LIMITED’s express prior written permission. MDAK LIMITED reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials
Notwithstanding MDAK LIMITED’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on the Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause MDAK LIMITED to become the owner of a Project, in whole or in part, rather than the Client, MDAK LIMITED irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to MDAK LIMITED as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. MDAK LIMITED always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by MDAK LIMITED and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), MDAK LIMITED will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as MDAK LIMITED has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations
By using the Website, the Client represents and warrants that:
The Client has the legal capacity and agrees to comply with these Terms of Use.
The Client is not a minor in the jurisdiction of their domicile.
The Client will not access the Website through automated or non-human means.
The Client will not use the Website for any illegal or unauthorized purpose.
The Client’s use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by MDAK on behalf of the Client. Further, the Client agrees to refrain from the following:
Make any unauthorized use of the Website.
Retrieve data or content for the purposes of creating or compiling a database or directory.
Circumvent, disable, or otherwise interfere with security-related features on the Website.
Engage in unauthorized framing or linking of the Website.
Trick, defraud, or mislead MDAK or other users.
Interfere with, disrupt, or create an undue burden on the Website or MDAK’s networks or servers.
Use the Website in an effort to compete with MDAK.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof.
Harass, annoy, intimidate, or threaten any of MDAK’s employees, independent contractors, or agents providing services through the Website.
Delete the copyright or other rights notice from any Content.
Copy or adapt the Website’s software.
Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website.
Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism.
Disparage, tarnish, or otherwise harm MDAK.
Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

6. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of MDAK LIMITED and MDAK LIMITED is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. MDAK LIMITED shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. The Client agrees that it has the right to articulate and put forth the Submission and the Client hereby waives all claims and recourse against MDAK LIMITED for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight
MDAK LIMITED reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. MDAK LIMITED further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such a decision shall be in the sole discretion of MDAK LIMITED, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of MDAK LIMITED and shall be designed to protect MDAK LIMITED’s rights and property.

8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in New Zealand. Access of the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of New Zealand which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data to New Zealand constitutes express consent of the Client to the transfer and processing of data in New Zealand. MDAK LIMITED does not knowingly accept or solicit information from individuals under the age of 18.

9. Returns and Refunds
MDAK LIMITED reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by MDAK LIMITED are the ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. MDAK LIMITED reserves the right to take appropriate legal actions against the Client for breach of this paragraph.

10. Modification
MDAK LIMITED reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. MDAK LIMITED reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

11. Connection Interruptions
MDAK LIMITED does not guarantee or warrant the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond MDAK LIMITED’s control. The Client agrees that MDAK LIMITED shall not be liable to the Client for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand without regard to conflict of law principles.

13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

14. Disclaimer
The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services is at the Client’s sole risk. MDAK LIMITED disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MDAK LIMITED makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and MDAK LIMITED assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage, of any nature whatsoever, any unauthorized access to or use of MDAK LIMITED’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. MDAK LIMITED does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification
MDAK LIMITED and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless MDAK LIMITED and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, MDAK LIMITED reserves the right, at the Client’s expense, to assume control and defence of any matter for which the Client shall be required to indemnify MDAK LIMITED hereunder. The Client agrees to cooperate with the defence of such claims.

16. User Data
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. MDAK LIMITED shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against MDAK LIMITED from any such loss or corruption.

17. Electronic communications, transactions, and signatures
The Client hereby consents to receive electronic communications from MDAK LIMITED, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by MDAK LIMITED or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work
MDAK LIMITED reserves the right to share design work on digital channels including social media, the website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and MDAK LIMITED, which in turn would void the right of MDAK LIMITED to share or discuss the Client's work publicly.

19. Referrals
Referral tracking and payouts are handled through our third-party partner,

20. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and MDAK LIMITED. Failure of MDAK LIMITED to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and MDAK LIMITED.

20. Contact Information
For any questions or complaints regarding the Website, please contact MDAK LIMITED at:

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