Terms & Conditions | Maayan Aks

TERMS & CONDITIONS

Last edited on 16th October, 2022

The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”, "You", "Client") and Ma’ayan Aks Studio (“Ma’ayan Aks”, “Ma’ayan Aks studio”) (“we”, “us”) and contain the terms and conditions that apply to your access and use of the website and The Services provided by Us.

Please read these terms and conditions (the “Terms”) carefully. By accessing our website: www.maayanaks.com you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website.

Ma’ayan Aks Studio reserves the right to modify this Agreement and/or the Policies (and update The Ma’ayan Aks Studio Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you review this page prior to each purchase. Any changes made to these terms and conditions become effective after publishing to this website. Your continued use of the website and your purchase or engagement with Ma’ayan Aks Studio indicates you agree to all Terms set forth herein.

1) Services

Ma’ayan Aks’s services include: custom textile design, design licensing, fashion design and technical development, trends forecasting and moodboards, wall art design, graphic design and illustration.

The Client acknowledges that from time to time, Ma’ayan Aks may engage contractors to assist in project work.

2) Links

This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that Ma’ayan Aks Studio endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.

Ma’ayan Aks Studio makes no warranty or representation concerning these links or the linked websites, and you acknowledge that Ma’ayan Aks Studio is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, fitness for purpose, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites.

Ma’ayan Aks Studio makes no warranty or representation that any linked website content does not infringe the intellectual property rights of any other business or person. Ma’ayan Aks Studio does not control or authorize infringement of intellectual property on these sites.

You acknowledge that you enter any third-party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

3) Accounts

Access to Ma’ayan Aks Studio's print library is by application only, via the registration form on this website, and this registration is free. All account applications are reviewed and verified prior to creating a login. Access to the login area of this site is only for the use of the brand and person listed under the application, and login details are not to be shared with any other person or business.

You acknowledge that in accessing our website and engaging our services, you are completely responsible for any and all activities that are conducted through your account, and for liability and/or damage which results from the failure to securely maintain your account information and/or password. You agree that you will securely protect your account information and password and will make sure that this information is maintained as accurate.

The account holder understands that a breach of any of Ma’ayan Aks Studio's Terms and Conditions may also result in immediate account suspension or permanent ban from the login area of the site.

4) Terms of Sale and Copyright Of License Catalog

The designs for sale on this website are for commercial end-product items such as, but not limited to, clothing, accessories, homewares, stationery, wallpaper, posters, packaging and commercial merchandise.

Purchased designs, or derivatives of, may not be reproduced or displayed for sale on print on demand sites or other print studio websites. The client may not purchase prints for artwork distribution, artwork resale or licensing, or for any other commercial or business purpose without written consent from Ma’ayan Aks Studio.

The Client hereby undertakes that they will not in any way use exclusive or non exclusive licensed designs to damage Ma’ayan Aks Studio’s business.

The Client also hereby undertakes that they will not in any way use the exclusive or non exclusive design to marginalise, discriminate against, or bully any person, for the promotion of illegal or unethical activities, and are not to be used in any way which would be considered infringing, harassing, offensive, pornographic, defamatory, fraudulent or libellous.

Additional terms as follows:

Non-Exclusive Designs

In consideration of full and punctual payment to Ma’ayan Aks Studio, the client will be granted a non-exclusive right and license to use a print created by Ma’ayan Aks Studio for the registered brand account that has purchased it. This design is for end use products that may be sold direct to the consumer or wholesale under one brand name per license only.

The purchase of a non-exclusive print is with the acknowledgement that the design is non-exclusive, and may be available for other brands to purchase.

A non exclusive design can be used for a maximum of 500 units per license purchase, for a period of 2 years from the date of purchase. Should the Client wish to produce more than 500 units, or for a period longer than 2 years, extended licensing fees may be possible by purchasing additional licenses of the same design directly from the site. If the design has been removed from sale, additional licenses may be purchased by emailing maayanaks@gmail.com

Ma’ayan Aks Studio retains all intellectual property rights to all non-exclusive designs and is able to use individual motifs for new designs, illustrations, products and tattoos, or to use existing designs for future projects.

The Client hereby undertakes that they will not claim to have created, or own copyright of any non-exclusive artwork.

The client must not make artwork available in a format that allows others to access, copy or reproduce them, this includes posting the artwork files or screenshots onto social media or websites.

Licensed designs from Ma’ayan Aks Studio are not transferable, and cannot be shared, re-sold to, gifted, assigned to or used by any other business entity without written permission from Ma’ayan Aks Studio. Purchases cannot be used for white/ private label products, or the printing of fabric for wholesale purchase; whereby multiple businesses would be purchasing printed products from the license holder. Each brand is responsible for license purchases for each print used by that brand. Where multiple brands are owned by the same business, a license fee is payable per brand, unless written permission is obtained from Ma’ayan Aks Studio stating otherwise prior to use.

The terms of licensing are set to protect the integrity and work of both Ma’ayan Aks Studio and its clients, and asks that you perform due diligence when selecting a manufacturer for the printing of your products.

If you are unsure whether your intended project may use licensed artwork from us, you are welcome to contact us on maayanaks@gmail.com for clarification.

Exclusive Designs

In consideration of full and punctual payment to Ma’ayan Aks Studio, exclusive right to use the design will be provided to Clients who make a purchase under the Ma’ayan Aks Studio’s exclusive textile designs catalog, or via engaging Ma’ayan Aks Studio for custom designs.

Following full payment, Ma’ayan Aks Studio hereby gives the Client all of its rights, titles and interests in and to the work product (including intellectual property rights), and the Client is then sole owner of the works. Exclusive designs will be removed from sale, and may not be purchased by any other business or person.

Ma’ayan Aks Studio may use elements and motifs on different designs within reasonable use.

For custom design services, Ma’ayan Aks Studio will provide the Client with a Commissioned Works Agreement and deposit invoice. This agreement is to be signed by The Client, and deposit paid prior to booking confirmation.

5) Client Images

For all purchases, whether non-exclusive, exclusive or custom designed, the Client agrees to allow Ma’ayan Aks Studio to place images of the finished product/s and design process, along with a hyperlink to the Client’s site or social media account, on Ma’ayan Aks Studio’s own website, social media platforms or other promotional material, unless agreed to the contrary in writing by both parties. The Client is not obliged to credit Ma’ayan Aks Studio in any promotional material of the finished products.

If images or information from Ma’ayan Aks Studio are shared on social media platforms including but not limited to Pinterest, Instagram, Facebook, SnapChat or TikTok, written permission must be obtained first, and any images shared with permission must be credited and linked back to Ma’ayan Aks Studio’s website and/ or social media accounts. This includes any work in progress videos, collages or images that contain artwork purchased by the user from Ma’ayan Aks Studio.

6) User’s Obligations

You agree that at all times:

You will comply with this Agreement (including all Ma’ayan Aks Studio Policies) and all applicable laws and regulations; and
You will provide accurate information, to the best of your knowledge; and
You warrant that the instructions you provide to Ma’ayan Aks Studio will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.

7) Payments

Payment of services and/or products from Ma’ayan Aks Studio will be in United States Dollar (USD) OR New Israely Shekel (NIS)

Payment will be made via Wix Payments, PayPal, Bank Deposit or Credit Card.

For website purchases, full and punctual advanced payment is required prior to the product being dispatched, digital download link emailed, file artwork transferred, or the service being delivered.

All prices displayed of products or services are advertised on the Website, except for custom designs and Freelance design work that will be quoted according to the services needed. These can be changed without notice.

In the event Ma’ayan Aks Studio is required to recover any unpaid costs:

all legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.

8) Deliveries

The Client is responsible for the payment of delivery fees of product(s) and/or samples from Ma’ayan Aks Studio, unless mentioned otherwise.

Samples, fabric swatches or products mailed from Ma’ayan Aks Studio will be transported either through Israel Post. Delivery addresses cannot be altered once an order has been placed. Ma’ayan Aks Studio makes every reasonable effort through its packaging and its suppliers with its delivery services to ensure that your parcel is safe for transportation and arrives to you safely.

Ma’ayan Aks Studio will not be responsible for any loss of, or damage to packages. We will not be responsible for any error in the supply of incorrect shipping information, or delivery errors.

Once your order has been processed, you will be provided with a tracking number for Israel Post. Should you have any questions related to your delivery, please contact the Post Office with your tracking number.

The estimated delivery time-frame will range depending on the carrier or shipping method of your choice. So we recommend that you review and consider the postage time frames on the respective websites. For international transactions outside of Israel, you acknowledge that you as the buyer will be responsible for paying any additional costs such as duties, taxes and customs clearance fees.

To ensure the safe delivery of your product(s), we do recommend that someone is available to receive your order.

In circumstances where no one is present to receive the delivery, the courier or Post delivery will return your order to the nearest post office, or depot for collection, causing a potential delay in your delivery, where the Ma’ayan Aks Studio will not be responsible for. Where the client wishes to send sample items to Ma’ayan Aks Studio, they acknowledge that unforeseeable delays in transit or delivery costs may pose delays to the project timeframe which Ma’ayan Aks Studio cannot be held liable for.

9) Intellectual Property

The designs, information, text materials, graphics, logos, pictures, button icons, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of Ma’ayan Aks Studio website, any of its platforms, and content on any of its social media accounts are protected by copyright, trademark and other intellectual property laws.

The user agrees not to copy any of the artwork on this site, and agrees that all prints must be purchased before use. Any infringements of Ma’ayan Aks Studio's intellectual property may be subject to legal action. Infringement fees may be issued at Ma’ayan Aks Studio's discretion, and may be significantly higher than the advertised price.

10) Account

To access certain parts of Ma’ayan Aks Studio's website, you may be required to apply for an Account (via a Username and Password) with Ma’ayan Aks Studio. This registration is free.

If the application is accepted, you acknowledge that in accessing our website and engaging our services, you are completely responsible for any and all of the activity, liability and/or damage which results from your failure to securely maintain your account information and/or password. You agree that you will securely protect your account information and password and will make sure that this information is maintained as accurate.

As the client, you will bear full responsibility for any and all activities that are conducted through your account.

Failure to comply with the Terms and Conditions on this site may result in an immediate account suspension, without notice.

11) Commencement and Termination For Services

All services with Ma’ayan Aks Studio are only confirmed when the Client pays the non-refundable 50% deposit fee. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project.

This agreement shall begin when both parties sign and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course, including but not limited to: liquidation, insolvency, bankruptcy or the making of an assignment for the benefit of creditors.

In the event of termination, the Client guarantees the payment to Ma’ayan Aks Studio for the services performed through the date of termination in the amount of a prorated portion of the fees due. The Client shall pay all expenses, fees, and additional costs incurred through the date of termination.

12) Refunds and Cancellations for Design Services and License Catalog:

All products and services sold from Ma’ayan Aks Studio are final, and are sold on a no return, exchange or credit basis, once an order has been completed, and payment has been processed.

Pursuant to relevant Israeli Consumer Laws, Ma’ayan Aks Studio agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.

When a Product ordered and arrives in a damaged state, and it was a fault from us, Ma’ayan Aks Studio, we will endeavor to fix or correct the product. If the product is not editable or cannot be fixed, a replacement or refund will be offered.

We cannot provide a refund where a Client has changed their mind(s) about our services or products.

Any requests for cancellations or refunds will be at the discretion of Ma’ayan Aks Studio, and will be assessed on a case by case basis. Such refunds will be exclusive of any postage and handling costs.

As per Israeli Consumer Law, where a product has been listed at an incorrect price, incorrect description or image due to typographical error or similar oversight, Ma’ayan Aks Studio reserves the right to cancel and/or amend a transaction.

13) Availability, Errors and Inaccuracies

As we are constantly updating our product offering, there may be times we may experience some delays in updating information on our services or product page, and in our advertising on other websites. There may be cases where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mispriced, described inaccurately, or unavailable. We cannot guarantee the accuracy or completeness of any information found on our website.

We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice.

14) Liability

Ma’ayan Aks Studio nor any of its officers, will not be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:

the use of the Ma’ayan Aks Studio website;
the use of information provided by you through Ma’ayan Aks Studio on its website and/or its platforms; or
the use of any products and/or resources provided to you by Ma’ayan Aks Studio;
you or anyone else being unable to access Ma’ayan Aks Studio for any reason;
the production and sales outcomes by you and your manufacturer.

You acknowledge that materials on the Ma’ayan Aks Studio website may contain technical, typographical or photographic errors. Ma’ayan Aks Studio does not make any commitment to update the materials.

You indemnify Ma’ayan Aks Studio harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of Ma’ayan Aks Studio in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.

Ma’ayan Aks Studio makes no guarantee as to the availability or suitability of services, or information on this Site or to its materials.

Ma’ayan Aks Studio nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of Ma’ayan Aks Studio, including such conduct or material transmitted by means by any other person.

If the Client has a complaint or concerns about the website, please contact us directly at maayanaks@gmail.com