TERMS AND CONDITIONS
Below are Moe Mind Designs Inc. (throughout this document will be referred to as MMD) standard terms and conditions. It is vital that you (The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with MMD. Please also note that from time to time BMMD may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to MMD constitutes agreement to these terms and conditions.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” or if “The Client” do not wish to continue working with MMD this deposit is non-refundable. MMD endeavours to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind”, or not wanting to continue the work (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorate payment based upon the time spent.
All printing accounts must be settled in full prior to the release of the files to the printer. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
“The Client”also agrees to allow MMD to showcase any/all work created in the course of a project as part of MMD portfolio. Moe Mind Designs acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.
Fees for service
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”. From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in e-mail for additional cost that will be discussed.
Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Approval of Final Artwork
While Moe Mind Designs takes all care to avoid errors, MoeMind Designs accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification 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.
Print Returns And Refunds
It is agreed that the Moemind Designs is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given in e-mail), committed to print or posted in view of the public. MMD will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify MMD of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Moe Mind Designs within 2 days of product acceptance, and must return the product (at the cost of the client) within 5 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
Print – Colour Variations
With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of MoeMind Designs.
Moe Mind Designs retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of MoeMind Designs. MMD may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Moe Mind Designs Studio retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Moe Mind Designs retains ownership of all artwork and website architecture. Moe Mind Designs reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
Moe Mind Design reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Moe Mind Designs all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by MMD shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Moe Mind design” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” 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.
Under no circumstances shall Moe Mind Designs 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 Moe Mind Designs 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.
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 MMD. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by MMD and the client by negotiation).
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 the Moe Mind Design.