TERMS +
CONDI
TIONS.

AKA THE BORING STUFF.

Please read the following terms and conditions carefully, as by accepting any Proposal provided, and therefore hiring M By Design (throughout this document will be referred to as MBD), it is deemed that the client has read and agreed to MBD’s terms and conditions as outlined below. Please also note that from time to time MBD 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.

1. PROPOSAL
All Proposals are provided by MBD free of charge and are valid for 30 days from the date of issue. Proposals that are not accepted within the time identified may be subject to amendment. All prices are in Australian Dollars. Additional work which is outside the original scope and not provided for in the original Proposal is charged at an additional hourly rate of $90 per hour, dependent on the particulars of the project.

2. INVOICES & PAYMENT
Once MBD receives a written acceptance of the Proposal and Invoice will be issued. An up-front 50% deposit of the total is required prior to commencing any project. Work on the project will begin once the 50% deposit has been received, unless otherwise discussed and agreed by MBD. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. Clients residing outside of Australia are required to make payment in full prior to project commencement.

Payment is required in full prior to releasing high-resolution digital files, and/or supplying files for offset or digital printing.

MBD endeavours to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.

3. CONFIDENTIAL INFORMATION
MBD and the client both acknowledge that during business dealings they may receive certain confidential information and materials of the other party. Each party, including its agents and employees, agrees to hold and maintain in strict confidence all confidential Information and shall not disclose confidential Information to any third party or use any confidential Information except as may be necessary to perform its obligations under the Proposal, and as may be required by a court or governmental authority. Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.

4. DEADLINES
Every possible attempt is made by MBD to meet required deadlines. Additional charges may apply if MBD is required to work outside of normal business hours in order to meet deadlines. It is the client’s responsibility to notify MBD of deadlines prior to the commencement of the project. MBD will not be liable or held responsible for any deadlines not met, or any costs incurred as a result, due to circumstances beyond MBD’s control, such as illness, injury, client delay, or third-party or sub-contractor turnaround times. Final approval of artwork must also be provided to MBD in writing before any work is released – verbal approvals cannot be accepted.

5. PROOFS
All concepts created by MBD are presented in low resolution draft format for on-screen proofing. High resolution files are only released once full payment is received. MBD exercises reasonable effort to proof and test deliverables prior to presentation. All concepts presented by MBD are created to the very best of MBD’s ability and knowledge. The client must confirm in writing that they approve or require revisions to supplied proofs, within 14 days of receipt of proofs.

6. REVISIONS
Any and all corrections, changes or amendments to a project must be provided to MBD in writing. Each Proposal allows the client two rounds of minor revisions to their project unless otherwise specified. Any revisions not nominated in the two rounds of minor revisions, or otherwise accounted for in the Proposal, are charged at an hourly rate of $90 per hour. Revisions deemed by MBD to take in excess of 50% of the time required to produce the deliverables, are substantial revisions and are charged at an hourly rate of $90 per hour dependant on the particulars of the project. Should the client chooses not to proceed with the project, an invoice will be issued for work completed up to that date.

7. ERRORS & OMISSIONS
Whilst all care is taken by MBD in producing proofs and final artwork, it is understood that the client assumes and accepts liability for any and all errors not corrected. The client is responsible for proofreading and identifying any errors or omissions, prior to final approval. Final artwork is not released to the client or third parties (eg. printers) until final approval of artwork is provided to MBD in writing – verbal approvals cannot be accepted. Should the client request a project reprint, the client is solely responsible for payment of all associated costs. MBD cannot issue credit or refunds.

8. OFFSET, DIGITAL & LARGE FORMAT PRINTING
Files provided by the client to MBD for use in high quality print reproduction must be supplied as CMYK and at a minimum resolution of 300dpi at actual size. Additional charges may apply where MBD is required to manipulate and convert client supplied files to ensure they are press-ready. MBD thoroughly checks all images supplied, and provides advice to the client regarding reproduction quality, colour and stock. The client accepts that MBD is not responsible for any client supplied images that do not print as expected. MBD supplies files to print companies and other third parties for high quality reproduction at a minimum of 300dpi at actual size, or as a high resolution PDF, and according to their required specifications.

Due to variations in computer settings, on-screen colour proofing may differ between monitors and devices, and can differ from the final printed result. The Client acknowledges that on-screen proofing is not an accurate representation of the final printed project and that MBD is not responsible for any colour variations that may occur between on-screen proofs and the final printed outcome. Colour accuracy is best determined at the chosen print company, by the production of pre-press calibrated high-resolution proofs. Depending upon the print company, such colour-accurate hard copy proofs may attract an additional cost. Prices are available upon request. MBD will happily press-check projects where feasible and where requested, to help ensure consistency and the best possible printed outcome. The client accepts that MBD is not responsible for any print inaccuracies that may arise.

9. FILE FORMATS
MBD does not release or supply any working files used in the creation of a project (such as Adobe Illustrator, InDesign, Photoshop and so on). High-resolution PDF’s of a completed project can be supplied upon final payment, at the client’s request. Upon project completion, MBD securely backs up and stores all associated files. Should the client request the supply of any files more than 30 days after project completion, a small retrieval fee may be incurred. Artwork and files required to be burnt to disc or USB storage incur a fee of $25 per disc/storage device, to cover time and consumables. *For T&C’s relating to the Design Partnership, please click here.

10. USE OF IMAGES
MBD can not use images that violate copyright. Client supplied images must be sourced from reputable stock photography libraries, or the client must be the copyright holder or have written permission from the copyright holder to use the image/s for commercial purposes. MBD can source professional stock photography as required. Professional stock photography that is not accounted for in the initial Proposal attracts an additional cost which is payable by the client. MBD accepts no liability for any copyright infringements incurred by the client for supplied images.

11. INCOMPLETE & CANCELLED PROJECTS
The client, within 14 calendar days of receipt of each proof, shall notify MBD of any corrections, changes or amendments the client wishes to be made. Should the Client fail to contact MBD within 14 calendar days of receipt of proof/s, and notify MBD of any corrections, changes or amendments, or of final proof approval, MBD reserves the right to consider the project finalised, and issue an invoice for payment of work completed. In the event of a project termination by either party, MBD will issue an invoice for all work completed up to the date of cancellation, and payment of this invoice is required by the Client.

If a project is cancelled by MBD, 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 MBD.

12. COPYRIGHT
MBD 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 M By Design. MBD may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, MBD 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 the final payment, MBD retains ownership of all the work produced. MBD 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.

MBD 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 MBD 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 MBD shall be outlined in the Project Proposal. For additional usage, the price will be assessed as needed.

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of MBD till such time an agreement is in place. As part of MBD terms of business, the copyright licence is automatically released to the client on receipt of the final payment for the commissioned work. MBD reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting MBD in print or digital media portfolios, social media, and blogs, except where the client has specifically requested in writing otherwise.

14. PROMOTION
MBD retains the right to publish and display any client projects in MBD’s portfolio, website, design periodicals, and other media or exhibits. MBD acknowledges the confidential nature of projects and agrees to only display project work once product/service has been publicly launched.

15. LIABILITY & LITIGATION
It is agreed that all work and materials provided for The Client by MBD 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 trademark rights of any third party.

It is agreed that MBD 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 we shall notify The Client in writing of full details of any such claim.

Under no circumstances shall MBD 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 MBD 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, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

DISCLAIMER
MBD takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however MBD cannot be held responsible for variations between expectation and outcome.

All information contained in our website is intended for general information purposes only. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. MBD will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. MBD has no control over websites that are linked to on this website.

Those third-party websites are under the control of their owners, and MBD will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.