Terms and Conditions

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As a minor formality, Service Provider conducts all Services under the below agreement. Prior to the beginning of our work on any project a written and dated copy of this agreement will be provided for Clients’ review and signature.

• Services. Service Provider agrees to perform the work or services as specified in Work Order (the “Work”). At Clients’ request Service Provider will report to Client on the Status of the Work. Client, on reasonable advanced notice, may inspect the Work.
• Conduct of Services. Service Provider will use its best effort to complete the Work, and with a level of skill commensurate with the requirements of this Agreement.
• Additional Services when required by Client, the Parties will in good faith negotiate Supplemental Work Order ("Supplements"), each of which upon signing, will be deemed a part of this Agreement.
• Palette de Maya reserves all rights to use Clients’ information for the references and reserves all rights to use all Works for the Service Provider’s Marketing Purposes, created by Service Provider for the Client.
• All prices for Work provided by Service Provider to Clients are in US dollars. Client shall be responsible for paying all taxes of any nature, which become due with regard to Service Providers’ Work, except for taxes on Service Providers’ income.
• Advanced Payment equaling 50% of the quoted or packaged project will be due from Client at signing of the agreement and the final 50% will be due on delivery.
• Client further understands that the insufficient fund and / or failure to provide monetary compensation will result in additional charges of $27 and project will be held until such funds or monetary compensation is available.
• Acceptance of Results. Client will inform Service Provider in writing the same day of receiving the Work, whether Client accepts or rejects the final Work.
• Rejection/Cancellation of project. The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the Client observes any nonconformance with the job plan, the Service Provider must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the Service Provider. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract.
• Method of Performing Services. Service Provider shall have the right to determine the method, details, and means of performing the Work to be done for Client. Client shall have no right to, and shall not, control the manner or determine the method of accomplishing Service Providers’ services. In addition, Client shall be entitled to exercise broad general power of supervision and control over the results of Work performed by Service Provider or Service Provider’s personnel to ensure satisfactory performance, including the right to make suggestions or recommendations as to details of the work, and the right to propose modifications to the work.
• Ownership. As between Service Provider and Client, all right, and interest, including copyright interests and any other intellectual property, in and to the Work, or any deliverables created by the Service Provider, including but not limited to any other programs, data, title, or materials produced or provided by Service Provider, alone or in combination with Client and/or its employees, under this Agreement shall become the property of Client upon receipt of final payment for services, as deemed in section 5.
• Service Provider Data. All right, title, and interest in and to any data relating to Service Providers’ business are and shall remain the property of Service Provider, whether or not supplied to Client.
• Clients’ rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Service Provider, which consent shall not be unreasonably refused. Service Providers’ rights and obligations under this agreement may be transferred and assigned only if such transfer or assignment does not adversely affect the services provided to Client here under.
• If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Service Provider and Client agree to re-negotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
• Governing Law. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of California as they apply to a contract entered into and performed in the State.
• Independent Contractors. The parties are and shall be independent contractors to one another, and nothing shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Service Provider and either Client or any employee or agent of Client.
• Notices. All notices required or permitted hereunder, except: Acceptance of Results, shall be given in writing addressed to the respective Parties as set forth herein, unless another address shall have been designated, and shall be delivered by hand or by registration or certified mail, postage prepaid.
• This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them.
• Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto and supersedes all representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when it signed by the party sought to be bound.

• All materials should be presented on:
CD, Mini-CD, DVD, RAR or Zipped and sent by e-mail or transferred via FTP.

• Text
Text materials should be presented in the following formats:

• ASCI Text (TXT)
• Microsoft Word Document (DOC)
• Microsoft Excel Document (XLS)
• Rich Text Format (RTF)
• Hyper Text Markup Language (HTML)
• Portable Document Format (PDF)
• Page Maker (PM7), Photoshop (PS7), Illustrator (10)
• InDesign (2)

• Video
Video materials should be presented in the following formats:

• QuickTime Video (MOV)
• MPEG-4 Video (MP4)
• for Windows (AVI)
• Flash Video (FLV)
• Real Networks Media (RM)

• Audio
Audio materials (stereo or mono) should be presented in the following formats:

• Wave (Microsoft) (WAV)
• MPEG-4 Audio (M4A)
• Real Networks Audio (RA)

• Graphic Materials
Graphic materials should be presented in the following formats:

• TIFF Image (TIF) (TIFF)
• Windows Bitmap (BMP)
• JPEG (JPG) (High-Resolution)
• Photoshop (PSD)
• CompuServe Graphics Interchange Format (GIF)
• Portable Network Graphics Image (PNG)
• Adobe Scalable Vector Graphics (SVG)
• Adobe Illustrator (AI)
• InDesign (INDD)
• Encapsulated PostScript (EPS)
• Macromedia Flash (MX) (8PRO) (FLA)

• Additional Requirements

• If in providing materials special fonts have been utilized, it is necessary to provide us with these fonts
• Hand-written text info will not be accepted

• Other Specification Information:

Palette de Maya prefers to do as much work as possible in Adobe Illustrator. All backup files as well as all fonts must be included with each job. Open Type Fonts are preferred whenever available. Color proofs or Black & White proofs with all colors specified are also requested. Whenever possible, a contact name and extension number of the project artist or manager should be included in case there are any problems or questions regarding supplied art.

Support files from Adobe Photoshop should be saved as either Tiff or EPS files. Color files and Grayscale files should be saved at 300 DPI. Bitmap files should be saved at 1200 DPI. All color files should be saved as CMYK. DCS files are acceptable provided the channels are properly set-up and use the proper Pantone file naming convention and are saved as DCS2 composite (eps files). Files should be saved at 100% of their printed size and rotated in Photoshop to the correct printed orientation. This will dramatically reduce the time it will take to RIP the file. Scaling and rotating Photoshop files in layout programs such as Quark Xpress, Adobe Illustrator or Freehand is not recommended. For Adobe Illustrator files the Document Raster Effects Settings should be set to High (300dpi) and the Anti Alias check box selected.

Files from all vector based programs should be saved in EPS format along with the original file in case we need to edit the file and re-export. All unused colors should be deleted from the color palettes of all programs. If spot colors are used they need to be properly labeled as to their PMS number to avoid the possibility of outputting the files as four color process. Transparencies are acceptable but not recommended. If they are used the file may not be saved in EPS format, as the files will not RIP properly. Native files from Illustrator (AI) should work fine.

If a wireframe (die-cut line) is supplied by Palette de Maya please set the color of the line to Pantone Black 5, Pantone 312, Pantone 218 or Pantone 347. We do this to aid us in the plating process. Wireframe files are generated from our CAD department and we do not have the ability to change the color designation prior to sending the file. We also ask that the wireframe be placed on a layer separate from the artwork and locked. If there are any questions regarding bleeds, colors or the printability of a design, please feel free to contact the Palette de Maya prior to file submission.