MIVIDA JDM, LLC
Terms & Conditions
updated October 25, 2018 effective immediately.
recent update July 2019 effective immediately (see highlighted notices with three asterisks***)
SALES & POLICY
All sales of hand-made art works are final. They are one of one, they are not to be altered in any way, re sold or copied, they are the Artists intellectual property thus creation and all rights are reserved. Failing to respect these terms will result in legal action.
All services rendered are final. If you need additional services or have concerns regarding services, please contact us immediately and we will work with you to resolve your request or concern.
Services provided will have a contractual agreement attached, often the terms and conditions are listed in the invoice and paying the invoice serves as an agreement that you have read the terms written prior to paying and you agree to them. If a contract or agreement is breached MiVida JDM LLC will have right to seek legal action. (For example, issues of non-payment etc)
All work for hire contracts are customized to the booking, see your invoice and or contracts for those details.
Any representative sent to work with you on behalf of MiVida JDM LLC is contracted to not solicit unwanted services or information, and has a task list for the booking. Any additional requests that were not initially discussed may incur additional fees and must be booked directly with MiVida JDM LLC, not the contractor.
***Re: contractors via MIVIDA JDM; IF you attempt to create new requests with contractor sent to you via JDM you WILL receive an invoice for additional requests, and or have your entire project cancelled if anything unacceptable occurs such as contacting anyone other than MIVIDA JDM regarding your project and makind demands, or soliciting unwanted contact. Your inquiries are to go directly through MIVIDAJDM@iCloud.com.
***Re: Custom Art Works or requests; Your custom request includes fees associated with all aspects of creation, consultation, supplies, labor, etc. All sales are FINAL. All art listed on internet may vary in color across different screens, if you have questions please ask before purchasing an item.
REMINDER All images / art / content on website are copy-written. All rights reserved. Please do not reproduce without permission.
CUSTOM REQUESTS / BOOKINGS
You are contracting a freelance artist. You are agreeing to their terms and conditions. If you are quoted and feel like you would like to change a service after you have already received a quote, be prepared for the quote to reflect a change accordingly for your new or modified request.
MiVida JDM LLC provides a detailed consult prior to any custom order or booking approval to ensure that client and provider expectations are understood and met. For production of any type a pre-production meeting will take place to determine details for production. You will also be updated during post production of progress and or any notes from editing that require your participation. Post Production turnaround time depends on a project to project basis and your cooperation will also determine an ETA.The same applies to art, consultations are held prior to projects, see above.
***ETA means ESTIMATED time or arrival of digital content or custom art work/tangible item. Estimations in delivery will vary based on complexity of requests and or assets available for finalization, as well as client approval in post. Your contract will indicate how many revisions or requests you have allotted to your project. Your additional requests do not count within ETA time as they will extend post production or creation/delivery of item digitally or in person.
MiVida JDM LLC does not offer "shoot and non-edit" bookings at this time, you may make a request but that service is reserved for select productions. That means MVJ LLC Does not take any visuals and turn over raw/unedited files. All visual content collected by MiVida JDM LLC is to be reviewed and edited by MVJ LLC unless an agreement is made outside of the norm. The quotes provided for visual art services include specific details and ranges for the content that is collected and edited and will vary on a project to project basis. The content belongs to MiVida JDM LLC and is NOT for re sale by any other entity. The quote provided to you covers the service and the edit, not the copyright/ownership. Clients may use images or video provided by MiVida JDM LLC for promotional use or as agreed upon during pre booking consultation, non-profit, educational and archival purposes only. Images and Footage are not to be altered dramatically, and watermark is not to be edited or removed. Additional client and provider expectations are discussed during your consult. Please read all terms and conditions and policies in full. MiVida JDM LLC Reserves the right to use all visuals collected for promotional use and marketing. If anyone would like to purchase additional content that was outside of a quote for a booking they may contact MiVida JDM LLC directly in writing.
***Failure to respect the terms and conditions will lead to you being required to remove any content from all digital platforms that does not comply with terms. Any digital content given to you even if not sold is still for PROMOTIONAL use only, and you must follow terms for content.
MiVida JDM, LLC is not responsible for any third party set design, decor design, or event property issue if MVJ is not the hired set designer, venue/event coordinator, or venue designer. Any decor or location issues must be resolved with whomever is responsible. I.E. Prop/Set design set up by a third party where we have arranged to have a photo or video shoot. If you require modifications to any photo or video outside of original specs in booking, there will be an extra respective charge.**
Regarding any hand-made or digital art, it is imperative that specifications are understood prior to creation as they may not be altered, or if it is possible it may be time consuming. Any modifications or changes after something has been completed or approved will be billed to client accordingly be it hourly or flat quote based on the needs. For example; "Can you make my painting oil instead of Acrylic paint" is not possible once materials have been used and painting is made.
We ask prior to creation what you want in detail.
ALL bookings of all types require a deposit or to be paid in full to lock
the services into schedule and begin pre-production or booking needs. Your
deposit goes toward your overall quote and is non-refundable. Your deposit may cover associated expenses with booking therefore it must be paid in a timely fashion and or you must cancel in a respected time frame to avoid additional fees.
***Failure to meet your deposit needs in agreed time frame will delay your services, or simply not guarantee availability for your project on MIVIDA JDM CALENDAR. You will be entered into a wait list if you are late on payments. If you are more than 30 days late MIVIDA JDM has the right to cancel your project indefinitely and or charge new hourly fees to work on your requests.
Custom art work: 75% of final price/quote is mandatory prior to custom work taking place, remaining 25% is due prior to shipping or exchange. (each client’s needs may vary, so contract will state final terms and conditions). In most cases the fee is not hourly it is a flat and that is required upfront.
Service Bookings: 75% of final price/quote is mandatory prior to work taking place, remaining 25% is due the day of booking. (each client’s needs may vary, so contract will state final terms and conditions). In most cases the fee is not hourly it is a flat and that is required upfront.
If you are booking a service in person (for example a photo shoot) or anything else that is booked in hourly or half day/full day increments, please read the following:
All service bookings done in advance require a 75% non-refundable deposit to lock the date and time, and the remaining 25% of booking is to be paid prior to or no later than on the day of service, no exceptions. If you fail to show up, or if you cancel last minute (in less than 72 hours-30 days or whatever time frame is written into your invoice based on needs) a penalty fee will be applied in the amount of 25% of your total booking fee. You also do not have opportunity to have any of the deposit refunded (in the event that you paid in full or more than needed). You will also be charged for any associated expenses attached to that booking that were incurred- for example, location bookings, staff bookings, equipment and or supplies purchased. See full details under cancellation section.
In some cases, a RETAINER FEE is applied, the retainer fee will be returned to you at end of business day or 48 hours after services are rendered upon inspection of contract and agreement to be sure contract was not breached and or no theft or damages occurred with equipment etc..
Special agreements or rules apply to contracted work, short term or long term. Those terms would be listed in contract and are generally the same or close to the above mentioned terms.
METHODS OF PAYMENT
PAYPAL WITH A 4% PROCESSING FEE
I DO NOT ACCEPT PERSONAL CHECKS
SPECIAL REQUESTS MAY BE CONSIDERED.
ALL FORMS OF PAYMENT HAVE AN INDIVIDUAL PROCESSING FEE ASSOCIATED.
Q: What if I want to make a payment arrangement regarding a booking? What if I am splitting the costs with someone else?
A: We can do individual invoices as needed, and come to agreements if necessary for repeat customers/ long term contracts. We are flexible as long as all entities are professional and timely.
Please note that each payment made has a processing fee which means if payment is broken up in installments they will have their own respective fees based on method and time of payment. ** 10/25/18
Effective Nov 1, 2018 Paypal Minimum Processing Fee/Handling will be raised from 3% to 4% to cover administrative and financial institution fees. **
ETA / TURNAROUND TIMES
Each client project / booking has an individual ETA/turnaround time typically ETA (estimated time of arrival) is 2-3 weeks for visuals unless otherwise discussed or unless you request to pay for a rush fee. ETA will be as stated however it can be affected if client does not comply with intake or necessary document or file transmittal and or if client does not communicate during the post production editing process as needed with service provider. Custom requests require conversations and approvals before finalizing, and a lot of communication throughout the contracted time. If you have a RUSH request, please note there will be a RUSH fee assessed.
Q: What if I am away on vacation, sick, or unavailable during post and service provider cannot reach me? Can I appoint someone in my place to discuss project?
A: That is entirely your choice, however instruction should come from same client that made initial contract to avoid any issues. If you have delays or issues that arise, we understand. It happens! Just communicate. As we will do with you as well.
Q: What is a mock up?
A: A mock up is an example of what you asked us for artistically. If you ask for a digital design, we can create the design and show you a preview which can be modified at your request for complete satisfaction within reason!
A mock up of what you want will be discussed/or shown prior to design approval. This usually applies for digital design work. We do a pencil sketch on paper or a digital mock up prior to painting anything on canvas or creating any digital work, or prior to using any materials that may be permanent or expensive and take longer to modify.
If mock up is not satisfactory, you may request a modification.
All art will come personally signed by the artist and or with authenticity certificate.
Mock ups are included in your sale price; however, they are NOT free.
If you for any reason choose to not complete a sale, or can-not decide on a mock up: 50% of price/quote is still mandatory for artist's time and labor on mock up.
PHOTOGRAPHY AND VIDEOGRAPHY SERVICES FILE TRANSFER / STORAGE
Our method of transfer for photo and video files is Dropbox. We upload your files to Dropbox for you to download them, and in most cases to communicate regarding your selection for edits. If you would prefer a different method of file delivery, there will be a convenience fee attached to that method. For example- placed on a different source of memory and delivered by mail or in person.
We Offer USB drive file transfer and express shipping to your door on request, fee will be added to your quote should you select this method.
With some video clients we offer uploading the content directly to your channel (YouTube) with the service booking,.(must be discussed at initial time of quote or a fee may be applied)
You are required to review and download or select the images that you want edited within 30 days from the Dropbox or there will be a MONTHLY** fee of $20 for each month that you do not download them or communicate. Please communicate if you need more time or if you have any technical issue.
Once we upload edited files or send them to you, you are required to make all requests needed for editing within 30 days of receipt, this includes “additional requests”. Please understand that by delaying your feedback or requests, our availability may also be delayed to help you with new or additional requests.
The turnaround time for your product will vary on your cooperation in this matter. We ask that you make a selection as soon as possible if you were offered a number of retouched images, so that we may help expedite those edits. In some cases of photo shoots; the watermarked "for selection only" unedited images will of course be in the Dropbox within a week or so of shooting, so that you may choose from there your allotted amount for post editing. We offer a certain amount of edits within your booking quote, anything additional has a fee per edit which we discuss during consultation.
We mark our raw images as "not to be used/distributed-for selection only" if you crop alter or use images that are not paid for, that is considered breach of contract. Any breached contracts will be brought to the attention of legal department and your viewing rights to folder or files by all means will immediately be revoked.
If no communication is made after 3 months your files will be archived and removed from Dropbox. If no communication is made in 6 months, the files will be deleted completely and you will be listed as an inactive client, we will assume you have all you need downloaded.
ONLINE PURCHASES and SHIPPING DETAILS
All online orders from store that are not custom orders will be shipped USPS Priority Mail with tracking information with 1-4 day ETA.
Your shipping cost will include insurance on the estimated worth of shipment by sellers terms for orders over $100. In some cases smaller orders only have $50 insurance included in lower ship rates, additional insurance has to be purchased.
All orders ship same or next business day for existing merchandise or products upon payment unless they are backordered or being customized.
All custom orders will provide an ETA based on client request, and vary. Upon completion the custom piece will ship with discussed shipping methods available, and will have insurance and tracking info.
Q: Can I request a different form of delivery, or overnight rush?
A: Yes, you may request another method or rush delivery, for an additional fee. Email to discuss special requests.
No returns on custom art orders, no exceptions. Though we never receive any issues, unforeseen things can happen. We will be happy to help you resolve any issue if it arises as long as you communicate with us directly and immediately within a decent time frame. Our goal is to keep our customers satisfied!
Q: What if something is wrong or my package is missing?
A: If there is any issue that cannot be resolved within 7 days of purchase, a partial refund or replacement shipment can be discussed after submitting in writing an official detailed request with proof of reason for any unresolvable issues; lost package, damaged package, or damaged item. Your request will be reviewed, and a decision will be made in writing.
Item must be sent back in its original packaging and original physical state if your claim is "damages" in order to receive a replacement. Damages do not include accidents or damages made by the recipient (i.e. if YOU spill juice on it or your dog eats it, we are NOT responsible!)
PROMOTIONAL CODES & OFFERS
Limited time offers including but not limited to:
New customer discounts
Customer appreciation promotions
Refer a friend and return customer discounts
Are reflected on site and in promotions.
Coupon codes and flash sales are frequently listed on our social pages and on the site. They are also sent to those who join the email list.
Q: What if I miss a sale, or my code is not working?
A: Email us, we will check for tech issues on codes or let you know when next available coupons are being offered
Q: Where can I place my orders?
A: You may place your custom orders by using the contact us section, and or by adding an item to your cart. Most items on site require a consultation first anyway, so it is best to email for special requests.
Q: If I add an item to my cart but change my mind on order before it begins or is confirmed how do I get my money back?
A: Well we hope that you don't cancel! But sometimes people add the wrong amount in cart, or make a mistake. All orders are final on sales. However, if you contact us the same business day (prior to us mailing or creating the item) before 5pm EST we can cancel the order and refund you. Acceptable reasons would be: wrong quantity or selection in cart not change of heart.
If you want to cancel a custom request that has been added to cart but has not been started due to a mistake, it is simple. We don't start orders unless you have consulted with us anyway, where we ask you to send us the picture reference or the concept request, so great news…You will get your money right back, simply email us same business day/moment of transaction.
CANCELLATION AND NO SHOW POLICY
All service bookings done in advance require a 75% non-refundable deposit to lock the date and time with freelancer, the remaining % of booking is to be paid no later than the day of service, no exceptions. In some instances, we may only charge 50% upfront (based on type of booking).
If you fail to show up, or if you cancel last minute (in less than 72 hours-30days depending on type of booking) a penalty fee will be applied in the amount of 25% of your total booking fee. That fee is in addition to you losing your deposit of which is non-refundable.
Courtesy cancellations; If you are cancelling for any reason completely, you must do so within specified contract time frame with courtesy and we will work with you to reschedule or provide a partial refund if applicable.
For example; if you're booked months in advance and none of your deposit was needed to place other deposits for services such as location rentals etc, and you need to cancel, we can arrange to refund you a partial amount, however we must still apply a cancellation fee of 25% of total booking fee for the inconvenience. If any of your deposit was used to lock down your request necessities, that portion cannot be refunded. Once again; if you are cancelling in less than 72 hours we have the right to keep the non-refundable amount % of your booking as mentioned above in the no show / last minute cancellation policy in addition to applying a 25% penalty fee*.
If you book MiVida JDM LLC for a service and you are late to the booking by more than 30 minutes, she has the right to end the booking on time or charge you 50%-100% of her hourly fee that you were quoted for the time missed or contributed outside of arranged schedule if she agrees to extend her booking time for you.
If you are late on payment, each day that you do not pay a penalty will apply for 5% of your balance until payment is made. You will receive update reminders, and if non-payment is still happening you will be referred to collections.
We hope that this answers most or all of your questions, any additional specifics can be discussed prior to locking in a contract or making a purchase by communicating via email.
** = updates
** ADDENDUM 9/26/2018, 10/25/18, 12/29/2018
ACCOUNTS / BILLING LATE POLICY IN DEPTH! PLEASE READ.
*NO Deposit = NO Booking on calendar + NO spot in design queue + NO Art will begin + Nothing is guaranteed, until you pay initial deposit.
*Partial Deposit= Date is booked and work is underway. You're IN my work queue in the order of my clients who booked and paid invoices accordingly. Your remaining deposit is due on agreed date/s or you're off my queue. Communication is essential.
ALL PAYMENTS must be received and CLEARED by the date of installment agreement. That means, if you are using a delayed payment method, give yourself one business week.
Failure to pay by the date of agreement will result in a LATE FEE as mentioned in terms and agreements on site, and or a loss of spot on calendar. Standard late fee is 5% of the balance for each day it is unpaid, or a minimum $25. NON-Payment will be referred to collections.
My clients time and my time are equally important, delays effect everyone. Thank you for your cooperation and understanding.
FAQ RE: BILLING
Q: What if I pay a portion of my bill and we have already scheduled our project to begin but I cannot pay the remainder of my balance?
A: Your project will be put on hold, and it will re enter my work queue when your payments resume. If your payments do not resume and there is no agreement made to pardon, you will be sent to collections legally.
Q: If I pay late can we still work together? How does it effect our goal dates?
A: Yes, I will still work with you as long as I have the availability to do so, however our original plans will have to be modified. All clients are given an ETA based on the type of project we do together and the availability for both client and contractor during that time period, interruption in schedule and re-entering schedule does not solidify the same ETA as originally promised.
Q: If I make a deposit for custom art but I don't pay my remaining balance what happens to the art?
A: Your deposit more than likely covered supplies / materials for the art not necessarily the labor and creation. Depending how far along the project was, your piece will be kept until your payment is final or sold if non payment happens. Deposits are non refundable. Materials cannot be returned once in use.
Q: Can I pay half now and half when I receive the project?
A: No you may not, my policy is my policy. I do not charge for my editing or retouching, I typically charge flat rates to provide an economic rate. These rates include expenses associated with your booking. Paying half now and half later does not ensure that I will be able to provide you with what I am planning. It is much easier for me to refund you partially or make modifications as needed in true necessity than for me to chase a client for a remaining balance.
Q: What if I am in an installment agreement and you have already started the job, but I can't pay the installments?
A: I will pause my progress and resume when you resume your payments, you may have a delayed wait as I will be taking other clients in the interim.
Q: Is there a time limit on how long you will "hold" my project if I pause payments or plans?
A: Yes, realistically I cannot be available forever. You may have to reschedule or re enter my queue and incur a fee for the inconvenience.
Legal NoticeAll notices from MiVida JDM LLC to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to MiVida JDM LLC shall be made either by regular mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to MiVida JDM LLC five (5) days after the date sent.
Copyright NoticeAll content appearing on this Web site is the property of:
MiVida JDM LLC
Copyright © 2016-CURRENT MiVida JDM LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016 2017 2018 2019 MiVida JDM LLC. All rights reserved.
TrademarksAll brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by MiVida JDM LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of MiVida JDM LLC or any third party, except as expressly granted herein.
Shipping and DeliveryAt this time, MiVida JDM LLC ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, MiVida JDM LLC ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.
InternationalCustoms and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. MiVida JDM LLC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales TaxMiVida JDM LLC charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
WarrantiesThe Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. MiVida JDM LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. MiVida JDM LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MiVida JDM LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by MiVida JDM LLC.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. MiVida JDM LLC is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not MiVida JDM LLC.
The inclusion of material on this server does not imply any endorsement by MiVida JDM LLC, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although MiVida JDM LLC tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return PolicyYou may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). MiVida JDM LLC reserves the right to change its payment procedures at any time without prior notice to you.
MiscellaneousVOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. MiVida JDM LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of MiVida JDM LLC shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and MiVida JDM LLC with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and MiVida JDM LLC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by MiVida JDM LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.