Disclaimer
General Disclaimer
The information provided on this website is for general informational purposes only. While Midnight Mystique Media LLC strives to ensure the information on this website is accurate, current, and complete, we do not guarantee the accuracy, reliability, or timeliness of any content provided. Any reliance on the information presented on this website is at your own risk. Midnight Mystique Media LLC is not responsible for any losses, damages, or liabilities arising from the use of this website or the information contained herein.
Specific Disclaimer
Midnight Mystique Media LLC provides a variety of professional services, including business consulting, marketing services, and branding solutions, which encompass logo and graphic design, website development, and digital marketing strategies. While we endeavor to deliver high-quality services and results, the success of these services depends on numerous factors such as the client’s business context, market conditions, and external variables beyond our control.
Clients are advised to use our services as a complement to their overall strategy and not as the sole basis for business decisions. Midnight Mystique Media LLC does not guarantee specific outcomes, results, or financial success from the use of our services. We make no representations or warranties regarding the completeness or reliability of any strategies, advice, or methods we offer. Any actions taken based on our services are solely at the client’s risk, and Midnight Mystique Media LLC will not be liable for any direct or indirect losses or damages incurred.
Terms of Use
1. Scope
These General Terms and Conditions (hereinafter “GTC”) govern the business relationship between the Client (hereinafter “the Client”) and Midnight Mystique Media LLC (hereinafter “Midnight Mystique”).
These terms apply to all services offered by Midnight Mystique, including but not limited to business consulting, marketing services, logo and graphic design, website development, and digital marketing.
The client may be any natural or legal person. The client’s own terms and conditions, if any, will only apply if explicitly accepted by Midnight Mystique in writing.
2. Services Provided by Midnight Mystique Media LLC
Midnight Mystique provides services based on separate agreements or orders placed by the client (hereinafter “the order”). We are committed to delivering services according to the specifications of the order, but we do not guarantee specific outcomes or results.
A contract between Midnight Mystique and the client becomes binding once Midnight Mystique has confirmed the order in writing or electronic form.
Midnight Mystique reserves the right to involve third-party professionals such as graphic designers, web developers, consultants, and other specialists in fulfilling the order. The engagement of third parties does not require prior consent from the client unless specifically agreed upon.
Midnight Mystique is not obligated to provide services until any outstanding payments are made by the client.
3. Client’s Responsibilities
The Client agrees to provide Midnight Mystique with all necessary information and materials needed for the execution of the services. This includes, but is not limited to, business details, branding guidelines, creative briefs, website content, or any other information relevant to the project.
The client guarantees that the information provided to Midnight Mystique is correct and that its use does not violate any third-party rights. If any legal issues arise from the use of such information, the client will indemnify and hold Midnight Mystique harmless.
4. Communication
The primary mode of communication between the parties will be electronic, preferably through email. Both parties must maintain updated contact information, including email addresses and phone numbers.
If the client provides an email address, they agree that Midnight Mystique can send order-related communications via email without additional security measures unless the client specifically requests encryption or other methods of protection.
The client acknowledges that email communication may involve risks, such as viruses or unauthorized access, and that it is their responsibility to use appropriate security measures to mitigate these risks.
5. Cooperation Obligation
The client agrees to cooperate with Midnight Mystique in good faith to facilitate the successful execution of the order. This includes providing timely access to necessary resources, approval of designs and content, and prompt responses to any requests made by Midnight Mystique.
The client guarantees that they possess the rights to all content provided to Midnight Mystique and that their use of such content will not infringe on the intellectual property or other rights of third parties.
6. Changes to the Order
If the client requests changes to the order or if unforeseen circumstances require modifications, Midnight Mystique will accommodate the changes within reason, depending on the scope, resources, and timeline. However, such changes may result in adjustments to pricing, scheduling, and deliverables.
If Midnight Mystique identifies the need for a change during service execution, the client will be promptly notified and any necessary adjustments will be made upon mutual agreement. Services will be paused until an agreement is reached, unless the service requires immediate action.
7. Contract Duration and Termination
a. The contract duration for services such as business consulting, marketing campaigns, and branding (logo/graphic design and website development) will be agreed upon in writing between the client and Midnight Mystique.
b. For one-time services such as logo and graphic design, website development, and content creation, the contract ends upon completion and delivery of the final product.
c. Either party may terminate the contract early with 2 weeks’ written notice.
d. The contract may be terminated without notice for cause, such as failure to meet payment obligations or breach of contract terms.
e. If the client terminates the contract before services have begun, a 30% cancellation fee of the agreed fee will apply. If the contract is terminated after services have started, the full amount will be due.
f. Midnight Mystique is entitled to terminate the contract if the client is in breach of their obligations, including failure to provide necessary materials, violating laws, or if payment is not made on time.
8. Compensation
The client agrees to pay Midnight Mystique the agreed-upon compensation for services rendered. Payment terms will be set out in the order agreement.
For ongoing services, such as marketing campaigns or business consulting, Midnight Mystique may request advance payments or retainers.
In cases where services have already been rendered, and the contract is terminated, the client is obligated to pay for all work completed up to the termination date.
9. Price Changes
Midnight Mystique reserves the right to change prices annually. The client will be notified of any price increase at least 30 days before the new rates apply. If the client objects to the price change, they may terminate the contract with 2 weeks’ notice.
10. Limitation of Liability
The client must review all work provided by Midnight Mystique upon delivery and notify us immediately of any discrepancies. Failure to notify us within a reasonable timeframe will be considered as acceptance of the work.
Midnight Mystique will not be liable for any indirect, incidental, or consequential damages arising from the use of our services. Our liability, in any case, is limited to the total amount paid by the client for the specific service that caused the issue.
11. Confidentiality
Both parties agree to maintain strict confidentiality regarding any proprietary or sensitive information shared during the course of the collaboration. This obligation continues even after the termination of the business relationship.
12. Data Processing
Midnight Mystique will process any personal data provided by the client in accordance with applicable privacy laws and regulations. This data will be used only for the purpose of fulfilling the contract and may be shared with third-party contractors when necessary to complete the services.
13. Force Majeure
Neither party will be held liable for failure to perform their obligations due to unforeseen circumstances beyond their control, including natural disasters, strikes, or changes in law that make fulfillment impossible.
14. Governing Law and Jurisdiction
These terms are governed by the laws of the State of Delaware, USA. Any disputes arising from these terms will be handled by the courts of Delaware.
15. General Provisions
Any changes or additions to these terms require written consent from both parties. If any provision is deemed invalid or unenforceable, the remainder of the agreement remains in effect.