MAJA WOLNIK (t/as MAJA CREATIVE) STANDARD TERMS & CONDITIONS 2017
These terms and conditions are fully binding on you (THE CLIENT). MAJA CREATIVE reserves the right to alter these terms and conditions as necessary and without notice. Please contact MAJA CREATIVE if terms and conditions are unclear. These Terms and Conditions have been construed under Australian Law and apply to all individuals, businesses or companies (CLIENT/S) engaging the services of MAJA CREATIVE, its contractors, subcontractors and employees unless otherwise agreed.
1. COMMENCEMENT OF WORK:
By engaging MAJA CREATIVE for the supply of designs and/or services THE CLIENT/S agree to these Terms and Conditions. An agreement with MAJA CREATIVE for the supply of such designs and/or services constitutes a binding contract.
MAJA CREATIVE will provide a written estimate of the project with a breakdown of the estimated hours and/or work involved, fees, taxes and incidentals. The figures provided are an estimate only, not a quote and the estimate is valid for 30 days. It is based on the information provided by the CLIENT, and may be subject to change if additional information is forthcoming, or specifications change. Written approval of cost estimates must be provided to MAJA CREATIVE before work can commence.
3. DESIGN CHANGES, REVISIONS, ALTERATIONS
Any changes requested by the client must be in writing and will be charged as additional costs to THE CLIENT. MAJA CREATIVE will notify THE CLIENT where expected hours of works exceed the estimate. All additional hours worked outside the estimate will be billed at standard hourly rates and will be automatically added to the final client invoice. If the job changes to an extent that substantially alters the specifications described in the original estimate, additional fees will be charged at standard hourly rates of $165+gst p/h. Materials and expenses will be charged in addition where required. Billing will reflect actual costs incurred.
4. VIP EXPRESS SERVICE
Graphic Design is a highly creative process that requires reasonable amounts of time to complete. With each estimate, MAJA CREATIVE will provide the estimated turnaround time to complete each project and will notify you THE CLIENT of the agreed delivery date based on our current work schedule. If your project is deemed urgent and required to take priority over other projects or completed faster than the estimated turnaround time, MAJA CREATIVE may offer THE CLIENT our VIP Express Service which will be calculated at 125% of the total project estimate. If a project is deemed urgent partway through the completion of the project, the VIP Express Service will apply to the remaining portion of work to be completed, calculated at 125%. The VIP Express Service is subject to availability and is not guaranteed.
5. OUT OF POCKET EXPENSES
Fees for professional services do not include outside purchases such as, but not limited to printing, photography, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses will be itemised on each invoice.
Unless otherwise agreed, MAJA CREATIVE provides three payment options for all client work:
(a) Upfront Payment – 100% of estimate, non-refundable upfront deposit payable on commencement of the project. A 5% discount applies to upfront payments on Branding Packages only. Billing will reflect actual costs incurred. Additional expenses will be charged as per paragraph 3 above. Payment can be made online via PayPal or EFT as outlined on the invoice.
(b) 2 Part Payments – a 50% of estimate, non-refundable upfront deposit payable on commencement of the project. Balance payable upon delivery of final files to the client or 1 month after the first payment if paying via direct debit. Billing will reflect actual costs incurred. Additional expenses will be charged as per paragraph 3 above. Direct Debit part payments are made through Direct Debit Provider FFA Paysmart (PAYSMART). Terms and conditions of PAYSMART as outlined on the Direct Debit Request Form apply. Billing will reflect actual costs and a final invoice may be sent if additional costs occur outside the nominated agreement amount.
(c) Direct Debit Payment Plan – 4, 8 or 12 weekly payments (totalling the invoiced amount) payable through Direct Debit Provider FFA Paysmart (PAYSMART). Terms and conditions of PAYSMART as outlined on the Direct Debit Request Form apply. Billing will reflect actual costs and a final invoice may be sent if additional costs occur outside the nominated agreement amount. Direct Debit is available for invoices over $1000 only. Custom payment plans are available for selected customers at the discretion of Maja Creative.
7. PAYMENT TERMS
Payment Terms are strictly seven (7) days. Late payments incur interest at 1.5% per month. MAJA CREATIVE reserves the right to refuse completion or delivery of work until all past due balances are paid. Any account that is more that sixty (60) days overdue will be referred to a debt collection agency and the CLIENT will be liable for any legal costs incurred by MAJA CREATIVE in the recovery of unpaid invoices. Direct Debit Payment Terms are as outlined in your PAYSMART agreement.
8. OWNERSHIP AND RIGHTS
When hiring MAJA CREATIVE, the Client is purchasing a finished product that cannot be edited – ie. a logo, or a print ready PDF file. The native (source) files, procedures and development files employed to create the agreed work remain the sole property of MAJA CREATIVE unless specifically agreed and released in writing and after all costs have been settled. A request for source files by the CLIENT constitutes an additional fee of 50% of the total project invoice. Native files will not be supplied until payment is received in full.
MAJA CREATIVE retains full ownership of design concepts and materials it produces. Complete ownership rights of concepts is transferred only upon receipt of final payment. Unused concepts remain the property of Maja Creative, unless otherwise agreed. The granting of copyright does not extend to the use of design proposal and concepts submitted to but not approved for the work outlined by THE CLIENT. MAJA CREATIVE reserves the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palette and other non exclusive items. In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to mutual agreement made between client and designer.’ Copyright will remain property of MAJA CREATIVE until such time an agreement is in place. As part of Maja Creative Terms of Business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work.
MAJA CREATIVE reserves the right to use all artwork, concepts and revisions produced in the course of the project (including concepts not selected) for the purpose of promoting MAJA CREATIVE in print or digital portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
10. DESIGN SAMPLES
The CLIENT agrees to supply up to 10 printed samples of every item produced by MAJA CREATIVE at no additional costs during the course of the project for promotional purposes for use by MAJA CREATIVE. MAJA CREATIVE acknowledges the confidential nature of projects and agrees to only display project work once it has been publicly launched.
11. FORCE MAJEURE
MAJA CREATIVE shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of MAJA CREATIVE including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
12. NATURE OF COPY
The CLIENT agrees to exercise due diligence in its direction to MAJA CREATIVE regarding preparation of materials and must be able to substantiate all claims and representations. THE CLIENT is responsible for all trademark, servicemark, copyright and patent infringement clearances and any necessary legal clearance of materials prepared prior to publication.
13. ERRORS AND OMISSIONS, PRINT RETURNS AND REFUNDS
THE CLIENT is responsible for checking proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. The verification (either verbal or in writing) of the CLIENT’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by the CLIENT’s proof reading. MAJA CREATIVE is not liable for errors or omissions, and changes made after approval which are committed to print or posted in view of the public. It is the sole responsibility of the CLIENT to notify MAJA CREATIVE of any such errors during the revision cycle and before the final files have been generated. MAJA CREATIVE is to be notified within 3 clear business days of product acceptable of any reprints due to errors in content, the product must be returned (at the cost of the client) within 10 days of acceptance for assessment. Payment for re-printed project MUST be prepaid.
14. PRINT – COLOUR VARIATIONS
Colour variations will occur in final printed works when compared with a screen view as well as to previous orders, due to the nature of CMYK printing and bulk-run printing systems. All re-print costs are the responsibility of THE CLIENT.
15. THIRD PARTY SUPPLIERS
MAJA CREATIVE does not bear responsibility for errors caused by third party suppliers. eg. when printers make any printing error.
16. LIABILITY & LITIGATION
It is agreed that all work and materials provided by MAJA CREATIVE will be free and clear of all liens and encumbrances and may be lawfully used by MAJA CREATIVE without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party. MAJA CREATIVE will indemnify and hold the CLIENT harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the CLIENT or its employees, and it is agreed that MAJA CREATIVE shall notify the CLIENT in writing of full details of any such claim. Under no circumstances shall MAJA CREATIVE be liable to the CLIENT for an indirect or consequential loss suffered by the CLIENT relying on the information included in the Supplies prepared by MAJA CREATIVE including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
17. TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to MAJA CREATIVE for work already performed. If the project is more than 50% completed (as determined by MAJA CREATIVE and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $165 per hour plus GST. If a project is cancelled by MAJA CREATIVE, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner. In the event of cancellation of the project by the CLIENT, ownership of all copyrights and the original artwork and disks shall be returned and retained by MAJA CREATIVE.
It is agreed that employees of MAJA CREATIVE shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the CLIENT or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the CLIENT.
19. CLIENT AMENDMENT TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined above must be provided in writing by the CLIENT and signed by an authorised representative of MAJA CREATIVE prior to the commencement of work outlined in the estimate.
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such MAJA CREATIVE takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however MAJA CREATIVE cannot be held responsible for variations between expectation and outcomes.