MARYAM’S MARK AND COMPANY, LLC
UPDATED TERMS AND CONDITIONS
Website Development • Digital Marketing • Illustration • Book & Print Design • AI-Assisted Creative Services
| Proposed effective date: November 1, 2026
TERMS AND CONDITIONS
Effective Date: [November 1, 2026] | Last Updated: [October 21, 2026]
These Terms and Conditions (“Terms”) govern services and deliverables provided by Maryam’s Mark and Company, LLC (“Maryam’s Mark,” “we,” “us,” or “our”) to the person or organization purchasing or receiving them (“Client,” “you,” or “your”). Our website is https://maryamsmark.com/ (“Website”). These Terms apply together with the project proposal, statement of work, client order confirmation, estimate, invoice, license, or other written order accepted by both parties (each, a “Project Agreement”). If a Project Agreement conflicts with these Terms, the Project Agreement controls for that specific project. Separate product, checkout, subscription, or refund terms may apply to products sold through the Website.
1. Services and Deliverables
Services may include WordPress website design, development, redesign, maintenance, troubleshooting and migration; email marketing strategy, campaign setup, copywriting and automation; custom illustrations, character artwork, graphic design, brochures, workbooks, book covers, book interiors, layout and formatting; creative direction, marketing strategy, content development, and related consulting.
The Project Agreement will identify the scope, deliverables, formats, milestones, timeline, fees, included revisions, usage rights, and third-party costs. Anything not expressly included is outside scope and may require an additional fee and schedule. We may use qualified subcontractors or service providers as reasonably necessary.
2. Orders, Acceptance, and Electronic Communications
A project begins when both parties accept a Project Agreement or Maryam’s Mark and Company, LLC confirms acceptance in writing and begins work with the Client’s authorization. Electronic signatures, email approvals, and electronic records may be used where legally valid. Amendments to scope, fees, schedule, deliverables, or rights must be confirmed in writing by both parties.
3. Client Responsibilities
- Provide accurate information, copy, brand assets, reference materials, access credentials, specifications, and feedback in a timely manner.
- Ensure the Client owns or has permission to use all supplied text, images, logos, fonts, data, code, and other materials.
- Designate an authorized decision-maker and provide consolidated feedback and approvals within the Project Agreement’s timeline.
- Maintain ownership and secure access to domains, hosting, website, analytics, payment, social media, and marketing accounts unless account management is expressly included.
- Comply with laws applicable to the Client’s business, website, products, privacy notices, marketing, accessibility, consumer disclosures, and use of deliverables.
Delays caused by missing content, access, feedback, approvals, payment, or changed instructions may affect delivery dates and incur additional fees.
4. Timeline, Revisions, and Acceptance
Dates are estimates unless a Project Agreement expressly identifies a firm deadline and the parties agree in writing to its consequences. The Project Agreement will identify included revision rounds. A revision is an adjustment to the approved direction; a new concept, changed brief, added page or illustration, new functionality, additional format, or substantial change after approval is additional work.
Unless the Project Agreement says otherwise, the Client should review each proof or deliverable and provide written feedback within five (5) business days. If feedback is late, the project may be paused and the schedule adjusted. The Client should identify any material failure to meet written specifications. Subjective preference changes outside the approved brief or included revisions may be billed separately.
For book and print projects, the Client must proofread names, spelling, facts, page order, trim size, bleed, colors, image resolution, ISBN/barcode details, metadata, and printer/publisher specifications before final approval. Maryam’s Mark and Company, LLC is not responsible for errors in Client-supplied content or errors the Client approved.
5. Fees, Deposits, Invoices, and Late Payment
Fees and payment milestones are stated in the Project Agreement or invoice. Unless stated otherwise, fees are in U.S. dollars. Taxes, stock assets, premium plugins, themes, fonts, software, hosting, domains, printing, shipping, paid media, and third-party costs are additional unless expressly included.
Deposits and booking payments reserve project capacity and are applied as stated in the Project Agreement. The agreement should specify whether a deposit is refundable and how completed work, committed costs, and cancellation charges are calculated. No term waives a refund or remedy required by law.
Invoices are due on the stated due date. If payment is overdue, we may pause work or withhold unreleased deliverables or license rights after reasonable notice, subject to applicable law. Any late fee or interest must be stated in the Project Agreement and may not exceed what applicable law permits.
6. Cancellations, Refunds, and Pauses
If a Client cancels or pauses a custom project, the Client may be charged for work completed, approved expenses, non-cancellable third-party costs, and reasonable commitments made for the project, to the extent permitted by law and the Project Agreement. A refund is not automatically available solely because the Client changes its mind, delays the project, or chooses not to use completed work; however, statutory rights and express refund commitments remain unaffected.
If Maryam’s Mark and Company, LLC materially fails to provide an agreed service, the parties will work in good faith to address the issue, subject to the Project Agreement and applicable law. For digital products, downloadable files, subscriptions, or products sold through Website checkout, the relevant product page, checkout disclosures, subscription terms, and refund policy may provide additional terms and should be consistent with this section.
7. Intellectual Property and Usage Rights
Each party retains its pre-existing intellectual property, including tools, templates, methods, processes, know-how, software, source materials, and brand assets (“Background Materials”). Unless a Project Agreement expressly assigns or transfers copyright, Maryam’s Mark and Company, LLC retains copyright and other intellectual property rights in original work it creates, subject to applicable law and third-party rights.
Standard license: After full payment, the Client receives the license or usage rights specifically described in the Project Agreement. That agreement should state, as relevant, permitted uses, media, territory, duration, exclusivity, commercial use, print run or distribution limits, modification rights, sublicensing, attribution, and whether rights extend to the Client’s end customer or publisher. If the Project Agreement is silent, the Client receives a non-exclusive license for the purpose expressly agreed in writing; no broader assignment or exclusivity is implied.
Optional paid copyright transfer: Copyright ownership may be transferred for selected projects only when Maryam’s Mark and Company, LLC agrees in writing to a separate copyright assignment or an express assignment clause in the Project Agreement. A copyright-transfer fee will be quoted separately and must be accepted by the Client before work begins or before the transfer is completed. Unless the written assignment expressly states otherwise, the transfer takes effect only after all project fees and the separate transfer fee have been paid in full and the assignment has been signed by the parties. The assignment must identify the specific work being transferred and any rights, territories, media, or uses excluded from the transfer.
Unless expressly included in the written assignment, the transfer does not include pre-existing materials, tools, templates, methods, working files, unused concepts, third-party fonts, stock assets, software, plugins, or other materials Maryam’s Mark and Company, LLC does not own or cannot transfer. Those items remain subject to their existing licenses. AI-generated material may be subject to legal limitations on copyrightability and cannot be promised as exclusively copyrightable.
Unless expressly included, deliverables do not include editable/source files, working files, sketches, unused concepts, alternate versions, or layered files. Delivery of a file or physical object does not itself transfer copyright. The Client may not resell, sublicense, redistribute, extract, repurpose, or use work to train an AI model outside the agreed license without written permission, except where applicable law provides otherwise.
Maryam’s Mark and Company, LLC may display completed work in its portfolio, website, social media, presentations, and promotional materials unless the Project Agreement includes a written confidentiality restriction or the Client requests a different arrangement in writing before work begins. Any copyright assignment should state whether portfolio display remains permitted.
8. Client and Third-Party Materials
The Client retains rights in materials it supplies and grants Maryam’s Mark and Company, LLC limited permission to use them to perform the project. The Client represents it has the necessary rights and permissions. Stock images, fonts, plugins, themes, software, APIs, hosting, payment systems, email platforms, and AI services may be subject to separate licenses and terms. Maryam’s Mark and Company, LLC cannot transfer rights it does not own. Ongoing third-party fees and renewals are the Client’s responsibility unless the Project Agreement states otherwise.
9. AI-Assisted Services and Deliverables
AI tools are used infrequently in Maryam’s Mark and Company, LLC projects. They may be used when appropriate to create an AI-generated or AI-assisted photographic-style image for a Client’s website, or when a Client specifically requests AI-assisted written website content. AI may also be used in other workflows only if agreed or appropriate to the project. Unless otherwise stated in the Project Agreement, clients should not assume that AI was used in a project.
Client-requested AI content: If a Client requests AI-assisted website copy, an AI-generated photo, or another AI-assisted element, the scope, intended use, required human review, and any material limitations should be confirmed in writing. The Client remains responsible for reviewing and approving the final content for factual accuracy, tone, suitability, brand fit, legal compliance, and the intended audience.
Human review and quality: Maryam’s Mark and Company, LLC may edit, revise, select, combine, arrange, or otherwise exercise human creative judgment over AI-assisted material. AI outputs can be inaccurate, incomplete, inconsistent, similar to other outputs, or unsuitable for a particular use. AI-generated photographic-style images may depict fictional scenes or people and should not be presented as documentary photographs of real events or real people unless that representation is accurate and authorized.
Copyright and exclusivity: Copyright protection for AI-assisted work depends on the facts and applicable law, including the extent of human authorship and creative control. The U.S. Copyright Office has explained that purely AI-generated material may not qualify for copyright protection and that prompts alone generally do not establish sufficient authorship; human-authored contributions, creative selection, arrangement, and modifications may be protectable. We do not warrant that every AI-assisted element is copyrightable, exclusive, registrable, or eligible for a particular intellectual property right. See the U.S. Copyright Office’s AI materials at https://www.copyright.gov/ai/.
Training, retention, and confidentiality: Third-party AI providers may process prompts, uploaded files, or other inputs under their own terms and settings. We will not promise that a provider does not retain information or use it for model training unless that commitment has been verified for the tool and configuration used. Clients should identify confidential, regulated, or sensitive materials before providing them and must not submit information they are not authorized to share. If a Client requires that AI not be used for a project, that requirement must be agreed in writing before work begins and may affect price, schedule, or feasibility.
Client-provided AI material: If the Client supplies AI-generated text, images, code, or other outputs, the Client is responsible for ensuring it has the necessary rights and permissions and for reviewing accuracy, legality, attribution, and applicable disclosure requirements.
Disclosure and no-guarantee: If a project, publisher, platform, Client, or applicable law requires disclosure that content was generated or materially assisted by AI, the parties will cooperate to address the requirement. We do not guarantee that AI-assisted output is unique, free from all third-party claims, undetectable as AI-generated, accepted by a publisher or platform, or eligible for copyright registration. Maryam’s Mark and Company, LLC does not provide legal advice about AI regulation, copyright registration, training-data law, or disclosure obligations.
10. WordPress, Website, Hosting, and Digital Marketing
Unless expressly included, website services do not include ongoing hosting, domain renewals, premium plugin/theme licenses, cybersecurity monitoring, accessibility certification, legal compliance audits, copywriting, SEO rankings, ad spend, email deliverability guarantees, or ongoing maintenance. The Client should maintain current backups and secure access to its accounts.
WordPress, plugins, themes, hosting providers, browsers, email platforms, search engines, ad networks, and other third-party services may change, experience outages, or discontinue features. We cannot guarantee uninterrupted operation, compatibility, security, rankings, conversion rates, inbox placement, traffic, sales, revenue, or business results.
Unless expressly agreed, Maryam’s Mark and Company, LLC is not the Client’s lawyer, accountant, privacy officer, security auditor, or regulatory compliance consultant. The Client is responsible for its privacy policy, cookie consent, terms, marketing permissions, accessibility obligations, and other legal disclosures.
11. Illustration, Book Design, Workbooks, and Print
Deliverables are limited to the number of pieces/pages, formats, and revisions listed in the Project Agreement. Concepts, roughs, unused drafts, alternate versions, and production files are not included unless specifically listed. The Client must obtain permissions for manuscripts, photographs, quotations, logos, characters, trademarks, reference images, and other content supplied or requested.
Unless expressly included, printing, print management, shipping, ISBNs, barcodes, publishing submissions, distribution, translation, and publisher/platform acceptance are not included or guaranteed. Print colors and appearance may vary by screen, printer, paper, ink, and production settings. The parties should document permitted use of recognizable people, protected characters, trademarks, branded assets, and any requested style references.
12. Confidentiality and Data Handling
Each party will use reasonable care to protect the other party’s non-public confidential information and use it only as needed to perform the project, except where disclosure is authorized or legally required. Confidential information does not include information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.
We may share information with personnel and service providers who need it to perform the project, subject to reasonable safeguards and applicable law. A separate nondisclosure agreement or data processing agreement may be needed for heightened confidentiality or regulated data. Personal information collected through the Website is handled under the Website Privacy Policy.
13. Warranties and Disclaimers
Maryam’s Mark and Company, LLC will perform services with reasonable professional care and substantially in accordance with the applicable Project Agreement. Except for express commitments and to the extent permitted by law, services, websites, code, creative materials, AI-assisted outputs, and third-party services are provided without additional guarantees, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, or specific commercial results. Nothing excludes rights that cannot lawfully be excluded.
14. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, data, goodwill, or business opportunities. To the maximum extent permitted by law, each party’s aggregate liability arising out of a Project Agreement will not exceed the fees paid or payable under that Project Agreement during the six (6) months before the event giving rise to the claim. This limitation does not apply to payment obligations, fraud or willful misconduct, or liabilities that cannot lawfully be limited. Counsel should tailor this section to applicable law and the business’s risk profile.
15. Client Responsibility and Indemnification
The Client is responsible for claims arising from materials it supplies, instructions it provides, or use of deliverables outside the agreed scope or in violation of law or third-party rights, except to the extent a claim results from Maryam’s Mark and Company, LLC’s own breach or unlawful conduct. The parties will promptly notify each other of claims and reasonably cooperate in their resolution. This section is subject to applicable law and should be reviewed by counsel.
16. Suspension and Termination
Either party may terminate a Project Agreement for material breach if the breaching party fails to remedy it within ten (10) business days after written notice, where the breach can be remedied. Maryam’s Mark and Company, LLC may suspend work for overdue payment, missing content or approvals, unlawful instructions, or material security concerns after reasonable notice where practicable.
On termination, the Client must pay for services performed, approved expenses, and non-cancellable commitments through the termination date, subject to the Project Agreement and applicable law. Rights to completed and paid deliverables are governed by the Project Agreement. Unpaid deliverables and licenses may be withheld to the extent permitted by law. Provisions that by their nature should survive termination will survive.
17. Third-Party Links and Services
The Website or deliverables may link to or integrate with third-party websites, platforms, plugins, payment processors, hosting providers, AI tools, or other services. Those services are governed by their own terms and privacy practices. Maryam’s Mark and Company, LLC is not responsible for third-party content, availability, policies, or actions except as required by law.
18. Disputes and Governing Law
The parties will first attempt in good faith to resolve a dispute through written notice and direct discussion. If unresolved, either party may pursue available remedies in a court of competent jurisdiction, subject to any dispute-resolution process expressly agreed in the Project Agreement. These Terms are intended to be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles. Any venue provision must be approved by counsel. Nothing limits non-waivable consumer rights.
19. Changes to These Terms
We may update these Website Terms from time to time and will post the revised version with a new “Last Updated” date. Changes apply prospectively as permitted by law. A change to a signed Project Agreement must be agreed in writing by the parties; a website update alone will not retroactively change an existing signed Project Agreement.
20. General Provisions
These Terms and the applicable Project Agreement constitute the agreement concerning their subject matter. If a provision is unenforceable, the remainder will remain in effect to the extent possible. A party’s failure to enforce a provision is not a waiver. Neither party may assign a Project Agreement without the other party’s written consent, except as permitted by law or as part of a business transfer. Neither party is responsible for delays caused by events beyond its reasonable control if it takes reasonable steps to mitigate them. The parties are independent contractors.
21. Contact
Maryam’s Mark and Company, LLC
Website: https://maryamsmark.com/
Mailing address: 121 S Broad Street, 15th Fl #282, Philadelphia, PA 19107
Phone / Text: 1 (215) 478-6277
Email: info@maryamsmark.com or maryamsmark@gmail.com
Please verify the mailing address used for legal notices before publishing. The website contact page and email signup footer currently display different mailing addresses.
INTERNAL AI / COPYRIGHT RESEARCH SOURCE:
The U.S. Copyright Office’s 2025 Part 2 report explains that human-authored expression may remain protected when AI is used as an assistive tool, while purely AI-generated material or material without sufficient human control may not be copyrightable; prompts alone generally do not establish sufficient authorship. Copyrightability is fact-specific. Reference: https://www.copyright.gov/ai/
The FTC’s general advertising guidance says advertising claims must be truthful, not deceptive or unfair, and supported by evidence. AI-related claims about originality, human authorship, uniqueness, performance, or provider training/privacy practices should be accurate and substantiated. Reference: https://www.ftc.gov/business-guidance/advertising-marketing
