Terms and Conditions Agreement
MAD Monkey Media, LLC
Last Updated: July 24, 2025
This Terms and Conditions Agreement (the “Agreement”) is made and entered into as of the Date of Account Creation or Order Placement (“Effective Date”) by and between MAD Monkey Media, LLC, a limited liability company organized under the laws of the State of Texas, with its principal place of business at [Address TBD], (“Company”), and the subscribing party or customer (“Subscriber” or “Customer” or “You”).
1. Definitions
1.1 Services shall refer to the subscription-based digital marketing software platform and related services provided by the Company, as described in Section 2.
1.2 Subscription Fee shall refer to the amount payable by the Subscriber for the use of the Services, as set forth in Section 2.2.
1.3 Term shall refer to the duration of the subscription, as described in Section 2.3.
1.4 Print Products shall refer to physical printed materials ordered through the Company’s print shop, as described in Section 3.
2. Subscription Services
2.1 Description of Services: The Company agrees to provide the Subscriber with access to its digital marketing software platform and related services (the “Services”). The specific features and functionalities of the Services shall be as described on the Company’s website (www.madmonkey.media) or as otherwise communicated to the Subscriber.
2.2 Subscription Plans and Fees: The Subscriber shall select a subscription plan from the options provided on the Company’s website. The Subscription Fee for the selected plan shall be as set forth on the website or as agreed upon in writing. All fees are non-refundable unless otherwise specified.
2.3 Term and Renewal: The initial term of the subscription shall commence on the Effective Date and continue for a period of 12 months. The subscription shall automatically renew for subsequent 1-month periods unless the Subscriber provides written notice of cancellation to [[email protected]] at least 30 days prior to the end of the then-current term.
2.4 Access and Usage: The Subscriber shall have access to the Services during the Term for internal business purposes only, in compliance with all applicable laws and regulations.
2.5 Service Level Agreement (SLA): The Company shall use commercially reasonable efforts to ensure the availability and performance of the Services, as outlined in the SLA available on the Company’s website, if applicable.
2.6 Support and Maintenance: The Company shall provide reasonable technical support during the Term, as outlined in the Company’s support policies.
2.7 Service Modifications: The Company reserves the right to modify or discontinue any part of the Services, provided such changes do not materially adversely affect the Subscriber’s use during the Term.
3. Print Shop Services
3.1 Order Approval: Customers submitting files for printing acknowledge that the Company [TBD: does/does not check for specific elements, e.g., spelling, grammar]. The Company may provide a proofing process [TBD: describe process, e.g., digital proof sent within X hours for approval]. Customers are responsible for reviewing and approving proofs before production begins.
3.2 Customer Content: The Company does not pre-screen content but reserves the right to refuse or remove content that is illegal, including but not limited to [TBD: list prohibited content, e.g., copyrighted material without permission, obscene content]. Customers warrant that they have the legal right to use all submitted content.
3.3 Customer-Submitted Artwork or Graphics: Files must meet the following requirements: [TBD: e.g., PDF format, CMYK color mode, 300 DPI resolution, 0.125-inch bleed]. The Company is not responsible for print results caused by non-compliant files.
3.4 Color Proofing and Matching: The Company will use reasonable efforts to match colors to provided proofs but cannot guarantee exact matches due to variations in printing processes. [TBD: specify acceptable variation or color matching services].
3.5 Trimming and Folding: The Company will use reasonable efforts to trim and fold accurately, with an acceptable variance of [TBD: e.g., 1/16 inch per side]. The Company is not liable for minor variations within this range.
3.6 Turnaround Time: Orders must be placed by [TBD: cutoff time, e.g., 12 PM CST]. Turnaround time begins [TBD: e.g., upon proof approval] and includes [TBD: production only or production and shipping]. Standard turnaround times are [TBD: e.g., 3-5 business days for business cards].
3.7 Order Cancellation: Orders may be canceled [TBD: e.g., before proof approval] by contacting [[email protected]]. Cancellations after [TBD: point of no return, e.g., production start] may incur [TBD: fees, e.g., 50% of order cost]. Order holds or changes are subject to [TBD: conditions].
4. Payment Terms
4.1 Subscription Fees: The Subscriber shall pay the Subscription Fee as specified in the selected plan. Fees are non-refundable and exclusive of applicable taxes, which are the Subscriber’s responsibility.
4.2 Print Shop Payments: Payments for Print Products must be made at the time of order via [TBD: accepted methods, e.g., credit card, PayPal]. [TBD: Coupon code terms, e.g., one per order].
4.3 Payment Method: The Subscriber/Customer authorizes recurring payments for Subscriptions and one-time payments for Print Products via a third-party payment processor. The Company does not store payment information directly.
4.4 Late Payments: Late payments may result in suspension of Services or delay of Print Product orders. Interest on late payments may be charged at the maximum rate permitted by law.
5. Returns and Refunds (Print Shop Only)
5.1 Return Policy: Returns for Print Products are accepted within 30 days of delivery if the item is unused, in original condition, and in original packaging. Non-returnable items include [TBD: e.g., custom-printed items, gift cards].
5.2 Refunds: Approved refunds will be processed within [TBD: number of days] to the original payment method. Partial refunds may be granted for [TBD: e.g., minor defects]. Contact [[email protected]] for issues.
5.3 Shipping Returns: Return shipping costs are the Customer’s responsibility and non-refundable. Return to: MAD Monkey Media, LLC, [9440 Jill LN, Dallas, TX 75227]. Use trackable shipping for high-value items.
6. Intellectual Property
6.1 Services Ownership: The Company owns all rights, title, and interest in the Services, including associated intellectual property. The Subscriber is granted a non-exclusive, non-transferable license for internal use during the Term.
6.2 Print Shop Ownership: Customers retain ownership of submitted artwork but warrant that they have the right to use it. The Company is not liable for copyright or trademark infringement in customer-submitted content.
6.3 Prohibited Use: The Subscriber/Customer shall not reverse engineer the Services or use either Services or Print Products for illegal purposes.
7. Data Protection and Privacy
7.1 Data Collection: The Company may collect and process personal data in accordance with applicable laws (e.g., [TBD: GDPR, CCPA]). See the Privacy Policy at www.madmonkey.media for details.
7.2 Data Security: The Company implements reasonable security measures to protect Subscriber/Customer data.
7.3 Data Retention: Data is retained per the Company’s retention policy and deleted or anonymized upon termination, subject to legal obligations.
7.4 Compliance: The Subscriber/Customer shall comply with applicable privacy laws and obtain necessary consents for data processed through the Services or Print Products.
8. Limitation of Liability
8.1 Exclusion of Damages: Neither party shall be liable for indirect, incidental, or consequential damages, including lost profits, arising from this Agreement.
8.2 Liability Cap: The Company’s total liability shall not exceed the amount paid by the Subscriber/Customer in the 12-month period preceding the claim.
9. Termination
9.1 Subscription Termination: The Subscriber must provide written notice of cancellation to [[email protected]] 30 days prior to the end of the Term. No refunds will be issued for Subscriptions.
9.2 Print Shop Termination: Print orders may be canceled per Section 3.7. The Company may cancel orders for non-payment or violation of terms.
9.3 Suspension: The Company may suspend access to Services or delay Print Product orders for non-payment or breach of this Agreement.
10. Governing Law and Dispute Resolution
10.1 Governing Law: This Agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles.
10.2 Dispute Resolution: Disputes shall be resolved through good faith negotiations, followed by mediation if unresolved within 90 days, and binding arbitration per the American Arbitration Association rules if mediation fails. The prevailing party may recover reasonable attorneys’ fees.
11. General Provisions
11.1 Entire Agreement: This Agreement supersedes all prior agreements.
11.2 Amendments: Amendments must be in writing and signed by both parties.
11.3 Assignment: The Subscriber/Customer may not assign rights without the Company’s consent.
11.4 Severability: Invalid provisions shall not affect the remaining Agreement.
11.5 Notices: Notices shall be sent to:
MAD Monkey Media, LLC, [9440 Jill Ln, Dallas, TX 75227], [[email protected]]
Subscriber/Customer: [As provided at account creation or order placement]
11.6 Customer Acknowledgment: By using the Services or placing a print order, You acknowledge that You have read and agree to these Terms and Conditions.