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.
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.
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.