MAJA WOLNIK (t/as MAJA CREATIVE)
STANDARD TERMS & CONDITIONS 2022/2023
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.
2. ESTIMATES & PROPOSALS
MAJA CREATIVE will provide a written estimate and/or proposal 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 and/or proposal 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 or verbal approval of cost estimates and/or proposal 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 or proposal 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 or proposal, additional fees will be charged at standard hourly rates of $178 per hour plus GST. 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. 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 estimate or proposal and invoice.
6. PAYMENT – BRAND STRATEGY WORKSHOP, BRAND STORY WORKSHOP, BOOK MAPPING WORKSHOP & ALL STRATEGY SESSIONS
A $500 deposit via credit card is required to secure all workshop/strategy sessions in our schedule. Full payment is required one (1) week prior to the workshop date. Payment is accepted via credit card or bank transfer through EZIDEBIT or STRIPE our direct debit provider. A payment request link will be emailed to THE CLIENT
from EZIDEBIT or STRIPE, and THE CLIENT is required to provide their details. The payment will be automatically debited from THE CLIENT’s nominated account or credit card on the date nominated. In case of any cancellation after commitment, workshop fees are non-refundable – THE CLIENT will receive a credit in value towards any Maja Creative services in the future. For all additional projects and client work, payments will be automatically debited from the client’s nominated account or credit card and don’t require further authorization from your original engagement with us. The CLIENT will be notified when payments will be processed as per paragraph 7 below.
7. PAYMENT – GENERAL DESIGN WORK
A $200 deposit via credit card is required to secure all project bookings in our design schedule. Unless otherwise agreed or indicated, MAJA CREATIVE provides two payment options for all general graphic design work:
(a) Upfront payment – For estimates, proposals, and invoices under $1000, a non-refundable 100% upfront payment is payable prior to commencement of the project. Billing will reflect actual costs incurred. Additional expenses will be charged as per paragraph 3 above. Payment is accepted via credit card or bank transfer through EZIDEBIT our direct debit provider or STRIPE. A payment request link will be emailed to THE CLIENT from EZI DEBIT or STRIPE, and the client is required to fill in their account details. The payment will be automatically debited from the client’s nominated account or credit card on the date nominated. For all additional projects and client work, payments or progress payments will be automatically debited from the client’s nominated account or credit card and don’t require further authorization from your original engagement with us. The CLIENT will be notified when payments will be processed.
(b) Progress payments – For estimates, proposals, and invoices over $1000, non-refundable progress payments (50%, 20%, 20%, 10% of total or as indicated on your estimate/proposal/invoice) are payable via EZI DEBIT or STRIPE our direct debit provider. Payment plans incur a 3% surcharge and there may be additional administrative costs. Billing will reflect actual costs and a final invoice may be sent if additional costs occur outside the nominated agreement amount. Additional expenses will be charged as per paragraph 3 above. Payment is accepted via credit card or bank transfer through EZIDEBIT or STRIPE our direct debit provider. A payment request link will be emailed to THE CLIENT from EZI DEBIT or STRIPE, and the client is required to fill in their account details. The payment will be automatically debited from the client’s nominated account or credit card on the date nominated. For all additional projects and client work, payments or progress payments will be automatically debited from the client’s nominated account or credit card and don’t require further authorization from your original engagement with us. The CLIENT will be notified when payments will be processed.
8. PAYMENT – MONTHLY RETAINER STRUCTURE FOR ONGOING MONTHLY MARKETING, DESIGN & BRANDING SUPPORT
All monthly retainer packages for ongoing monthly marketing, design and branding support have a minimum six (6) month commitment from date of commencement when the Terms & Conditions are signed. Payment is due at the beginning of each month, payable via EZIDEBIT or STRIPE our direct debit provider, prior to work
commencing. Invoices will include your monthly retainer rate and any additional charges from the previous month if you have gone over.
9. PAYMENT TERMS
Payment Terms are strictly seven (7) days. Payment is accepted via credit card or bank transfer through EZIDEBIT or STRIPE our direct debit provider. A payment request link will be emailed to THE CLIENT from EZIDEBIT or STRIPE, and the client is required to provide their account details. The payment will be automatically debited from the client’s nominated account or credit card on the date nominated. Late payments/defaulted 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 than thirty (30) 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. For all additional projects and client work, payments or progress payments will be automatically debited from the client’s nominated account or credit card and don’t require further authorization from your original engagement with us. The CLIENT will be notified when payments will be processed.
10. 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. A request for source files by the CLIENT will be subject to a separate quotation for a buy out charge (150% times the original fee). Native files will not be supplied until payment is received in full.
11. COPYRIGHT
MAJA CREATIVE retains full ownership of design concepts and materials it produces including copyright of all concepts of a project but excluding logo design. All copyright with respect to a project’s art direction is retained by MAJA CREATIVE. Complete ownership of the client’s chosen final logo design is transferred only upon receipt of final payment. Unused concepts remain the property of Maja Creative. 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. 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, videos and blogs, except where the client has specifically requested in writing otherwise
12. DESIGN SAMPLES & PROMOTION
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. The CLIENT agrees to allow MAJA CREATIVE to use all project work produced for promotional purposes. MAJA
CREATIVE acknowledges the confidential nature of projects and agrees to only display project work once it has been publicly launched.
13. 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, natural disasters, pandemics or acts of terrorism.
14. ILLNESS & INJURY
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 illness or injury.
15. 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, service mark, copyright and patent infringement clearances and any necessary legal clearance of
materials prepared prior to publication.
16. 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 to 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.
17. 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 and RGB printing and bulk-run printing systems. All re-print costs are the responsibility of THE CLIENT.
18. WEBSITE DESIGN
MAJA CREATIVE provides web design services in collaboration with a selected team of internal and external web agencies, collaborators and contractors to build websites. Unless otherwise agreed, MAJA CREATIVE remains the project manager of each website project and may from time-to-time invite collaborators to meetings if deemed required. All website project invoices and payments are to be made to MAJA CREATIVE, unless otherwise agreed.
19. BOOK EDITING
If your manuscript needs editing services, MAJA CREATIVE will refer you to our preferred list of editors. If you engage an editor from our supplier list, you will be entering into a separate contract agreement with that editor and their company. MAJA CREATIVE does not bear responsibility for the outcome of any work completed by third-party suppliers.
20. THIRD PARTY SUPPLIERS
MAJA CREATIVE does not bear responsibility for errors caused by third party suppliers such as editors, printers, web developers, sign writers, specialist consultants, social media agencies, photographers etc. eg. when printers make any printing error.
21. 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.
22. REFUND & TERMINATION POLICY
From time to time, circumstances beyond the control of either party may result in the need for project cancellation. In case of any cancellation by the CLIENT after the terms and conditions have been signed and/or a deposit, full, partial or progress payment(s) has been received, all workshop, consulting and design fees are non-refundable – THE CLIENT may receive a credit in value to use towards any Maja Creative services in the future – a separate quote will be supplied. If a project is cancelled by MAJA CREATIVE, due to unforeseen circumstances, after the terms and conditions have been signed and/or a deposit, full, partial or progress payment(s) has been received, all workshop, consulting and design fees are non-refundable – THE CLIENT may receive a credit in value to use towards any Maja Creative services in the future – a separate quote will be supplied. In the event of cancellation of the project by the CLIENT, ownership of all copyrights and the original artwork and files shall be returned and retained by MAJA CREATIVE.
22. CONFIDENTIALITY
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.
23. 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 approved by signing by an authorised representative of MAJA CREATIVE prior to the commencement of work outlined in the estimate or proposal.
24. DISCLAIMER
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. While MAJA CREATIVE takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, MAJA CREATIVE will not be held responsible for variations between expectation and outcomes. All decisions made by the CLIENT with respect to advice and/or suggestions provided by MAJA CREATIVE are taken by the CLIENT at their own risk.
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