Version current as at: 11 February 2020
Version current as at: 11 February 2020
By commissioning MegaPixel Multimedia for Graphic Design Services, you (the Client) agree to the below Terms of Service (“Terms”).
It is vital you take the time to read the Terms thoroughly and ensure that you fully understand them before you commence a design project with us. This will aid in a worry-free working relationship. Please contact us if you do not understand any of the Terms. Also note that from time to time we may need to alter these Terms without notice. The most recent copy will always be published on our website.
1.1 “Designer”, “We”, “Us” or “Our” shall mean MegaPixel Multimedia (ABN 36 336 868 543).
1.2 “Client”, “You” or “Your” shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Services” shall mean graphic design and other creative skills offered by Designer to Client for the purpose of producing the Client’s deliverable(s).
1.4 “Deliverable(s)” shall mean the agreed services and final work product(s) provided by Designer to Client and accepted by Client; for example soft copy graphic design files.
1.5 “Project” shall mean the scope of work involved in Designer providing specific services and producing any deliverable(s) for the Client.
1.6 “Price” shall mean the cost of the deliverable(s) as shown on invoice(s) from the Designer to the Client.
1.7 “Client Materials” shall mean all materials, information, photography, writings and other creative content provided by the Client for use in the preparation of and/or incorporation in the Deliverable(s). Client Materials may include Third Party Materials.
1.8 “Third Party Materials” shall mean works that are incorporated into the final Deliverable(s), but not created by the Designer or owned by the Client. Third Party Materials might include, for example, stock photography or logos.
1.9 “Preliminary Work” shall mean all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by us and which may or may not be shown and or delivered to you for consideration but do not form part of the Final Deliverable(s).
1.10 “Source Files”, “Working Files” shall mean the files Designer has used in the production of any deliverable(s). For example, but not limited to files such as: Adobe Photoshop (.psd), InDesign (.indd), Illustrator (.ai), Vector (.eps, .svg).
1.11 “Terms” shall mean MegaPixel Multimedia’s Terms of Service – Graphic Design.
2.1 DESIGN SERVICES
Professional Standard. Designer will provide agreed services in a professional manner, and in accordance with applicable professional and industry standards.
Deliverable(s). We will provide deliverable(s) to you in professional design formats. You understand that you may need particular software and expertise to utilise some deliverable(s). If you would like your deliverable(s) in a specific file format, you must advise us prior to commencement of any project.
Graphics, Photographs and Images. You’ll need to supply any requested graphic files to us in an editable, vector digital format. Photographs must be in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries and style of photography/images. If you’d like us to search for photographs for you, we are happy to do so; please ask. The cost of buying/licensing stock photographs or a photo shoot is the Client’s responsibility.
Pricing. All prices mentioned in these Terms are unless otherwise quoted or agreed to in writing by us.
2.2 ERRORS. Whilst we strive for the highest quality, we can’t guarantee that our work will be error-free (we’re only human!); So we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve been advised of them.
We agree to use our best efforts to fulfill and exceed your expectations on all deliverable(s). You agree to aid us in doing so, by making available to us needed information pertaining to your design project and to cooperate with us in expediting the work.
4.1 STANDARD RATE. The price of services is $60 per hour or part thereof, charged in 15 minute increments. A minimum charge of one hour applies.
With exception, requests that involve only minor edits to existing artwork created by us will have a minimum charge of 30 minutes, not one hour.
4.2 PRIORITY RATE. Services that require final deliverable(s) urgently, within 24 hours, or those that will require us to work outside of normal business hours to meet a requested deadline, are priced at a priority rate of $80 per hour or part thereof, charged in 15 minute increments. A minimum charge of one hour applies.
With exception, priority requests that involve only minor edits to existing artwork created by us will have a minimum charge of 30 minutes, not one hour.
We will advise you prior to commencement of a project if the priority rate is applicable. Note: if we can easily accommodate an urgent request, the Standard Rate will apply.
Project time estimates are available on request.
4.3 FIXED PRICE QUOTES. Services for all Logo Design projects and for other projects expected to exceed 30 working hours will be quoted and charged a fixed price.
4.4 REQUEST FOR SOURCE FILES. By default, source files are not included in any deliverable(s) and remain the intellectual property of the Designer. If you require the source files, you must advise us in writing of your request, preferably prior to commencement of any project. Requests for the source files for your project will be granted solely at our discretion and will attract a fee of $80 per source file. This fee is payable up front. Source files will be released upon receipt of payment and provided in an ‘as is’ condition.
4.5 RESENDING FINAL DELIVERABLE(S). If you misplace or accidentally delete the files delivered by us upon completion of the project, we can resend the files to you for a fee of $45 per deliverable. Please note: we will not archive projects older than 2 years from completion unless requested by you, in which charges may apply.
4.6 PROJECT DORMANCY. Projects that go dormant for longer than 30 days will incur a fee of $60 to resume work at the discretion of the Designer.
We’re certain you understand the importance of paying invoices on time and in maintaining a positive working relationship. We thank you for your cooperation in adhering to our Terms of payment.
5.1 CLIENT AGREEMENT TO PAY. You agree to pay our invoice(s) promptly, in full and by the due date. If a payment extension is required, you must request this in writing to us as soon as possible before the due date. Payment extensions will be granted at our discretion after consideration of the circumstances leading to the request for extension.
5.2 INVOICE TERMS. Clients will be invoiced on a “pay to release” basis, meaning that production-ready files will only be released for use upon our receipt of full payment of your invoice. A deposit may also be requested prior to commencement of a project.
5.3 CREDIT TERMS. At our sole discretion, payment for approved Clients shall be due within 30 days following the emailing of an invoice to the Client’s email address.
5.4 PAYMENT METHOD. Payment must be made by Electronic Funds Transfer to our nominated bank account, or by other means agreed to.
5.5 TAXES. Client is responsible for paying all applicable taxes, including GST, use and value added taxes.
5.6 PAYMENT DEFAULT. Invoices that are not paid by the due date will incur a late payment fee of $50.00. In addition, interest on overdue invoices shall accrue from the day after the invoiced due date, until the receipt of payment at a rate of +5% per seven (7) days or part thereof, and shall accrue at such a rate after as well as before any judgement. We reserve the right to stop work until payment is received.
5.7 COLLECTION COSTS. In the event that we incur legal fees, costs and disbursements in an effort to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
6.1 YOUR RESPONSIBILITY FOR RELEASES. You guarantee that all elements of text, images, or other artwork you provide are either owned by your good self, or that you have permission to use them.
6.2 YOUR RESPONSIBILITIES IN DELIVERABLE(S). You must promptly: (a) provide Client Materials in a form suitable for reproduction or incorporation into the Deliverable(s); (b) respond to any Designer correspondence; and (c) review and proofread deliverable(s).
When reviewing concepts and deliverable(s), you must notify the Designer of any refinements, errors, or of any failure to conform to the project brief as soon as practicable and within 5 business days of receipt. If Designer does not receive a timely notification, the concept or deliverable(s) will be deemed accepted. The Client’s notification must clearly identify any problems with the Deliverable(s).
6.3 YOUR RESPONSIBILITY FOR ACCURACY. You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services, which you furnish to us verbally or in writing in connection with the performance of these Terms.
You shall be responsible to proofread and approve all final deliverable(s), including any measurements contained within file names. An email or verbal verification from you shall be conclusive as to the approval of all deliverables prior to their release.
While we take all care to avoid errors, we shall be under no liability whatsoever for typographical errors, spelling mistakes, or incorrect information on any deliverable(s) approved by you, committed to print or posted in view of the public.
6.4 OWNERSHIP AND COPYRIGHT ASSIGNMENT. In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between Client and Designer’. Ownership and Copyright will remain with us until such time as an agreement is in place. Except as otherwise noted in these Terms or agreed to in writing, we will automatically assign ownership rights, including copyright, of the deliverable(s) to you, once the final deliverable(s) have been received by you AND full payment has been received by us.
7.1 OUR RESPONSIBILITY FOR RELEASES. We shall obtain releases, licenses, permits or other authorisation to use testimonials, copyrighted materials, photographs, art work or any other property or rights belonging to third parties obtained by us for use in performing services for you (if applicable).
7.2 DELIVERY. The Designer will use commercially reasonable efforts to provide services within the scope of the project brief and to agreed timelines. Designer’s delivery timeframe depends upon the Client’s prompt response to any questions or requests for Client materials.
Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purpose of these Terms.
Delivery shall be by means of digital transfer such as email or by share link.
7.3 OUR RIGHTS IN DELIVERABLE(S).
Preliminary Works. We retain the rights to all Preliminary Works that are not incorporated into a Final Deliverable(s). This includes source files.
Ownership and Copyright. Designer retains the right of full ownership, copyright, and intellectual property rights to all preliminary work, including, but not limited to source files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items.
Designer Portfolio. We may display the Deliverable(s) in our portfolios and websites, and in galleries, design periodicals and other mediums for the purposes of promotion and/or professional recognition. Likewise, we may publicly describe our role in any project.
Credit. If the Designer incorporates credits into the Deliverable(s), any use of the Deliverable(s) shall continue to bear the credits in the same form, size and location. Designer credits will not be incorporated into any logo designed for the Client.
Designer Agents. The Designer may hire third party Designers or service providers (“Design Agents”) as independent contractors. The Designer is responsible for Design Agents’ compliance with these Terms.
Non-Exclusive. These Terms do not create an exclusive relationship. The Deliverable(s) are not a “work for hire” under Copyright Law.
No Assignment. Neither party may assign its rights or obligations under these Terms of Service without the prior written consent of the other party. Any such attempted assignment will be void ab initio. Consent is not required for a disposition of substantially all assets of the assigning party’s business.
Confidential Information. Each party shall maintain Confidential Information in strict confidence, and shall not use Confidential Information except (a) as necessary to perform its obligations under these Terms, or (b) as required by a court or governmental authority. Confidential Information includes proprietary technical and business information, Preliminary Works, and any other information marked “Confidential.”
Exception. Confidential Information does not include (a) any information that is in the public domain, (b) becomes publicly known through no fault of the receiving party, or (c) is otherwise known by the receiving party before obtaining access to it under these Terms or properly received from a third party without an obligation of confidentiality.
9.1 DISCRETIONARY CANCELLATION, UPON NOTICE. Either party may cancel a project in its business discretion at any time upon written notice to the other party.
9.2 DISCRETIONARY CANCELLATION BY CLIENT. IF: Client uses this discretionary cancellation provision, THEN: Designer will retain all payments already made as of the time of notification, and Client shall pay Designer (a) for all outstanding costs incurred including the price for services performed up to the cancellation time; and (b) No ownership or copyright will be transferred.
9.3 DISCRETIONARY CANCELLATION BY DESIGNER. IF: Designer uses this discretionary cancellation provision, THEN: (a) Designer will retain (or, if not paid in advance, will be due) all costs already incurred as well as the price for services performed up to the time of cancellation.
9.4 CANCELLATION FOR BANKRUPTCY. Subject to any restrictions imposed by law, either party may immediately cancel any project(s), if the other party either: (1) ceases to do business in the normal course; (2) becomes insolvent; (3) admits in writing its inability to meet its debts or other obligations as they become due; (4) makes a general assignment for the benefit of creditors; (5) has a receiver appointed for its business or assets; (6) files a voluntary petition for protection under the bankruptcy laws; (7) becomes the subject of an involuntary petition under the bankruptcy laws that is not dismissed within 60 days.
9.5 CANCELLATION FOR BREACH. If a material breach of these Terms is not cured within 10 business days after a party’s receiving notice of the breach, then the non-breaching party may terminate services immediately upon notice.
9.6 PAYMENT FOR NON-CANCELLABLE MATERIALS. Any non-cancellable materials, services, etc., we have properly committed to purchase for your project, shall be paid for by you, in accordance with the provisions of these Terms. We agree to use our best efforts to minimise such liabilities immediately upon written notification from you. We will provide written proof, upon your request, that any such materials and services, are non cancellable/refundable.
9.7 MATERIALS UNPAID FOR. If upon cancellation there exist any deliverables, assets or materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such deliverables, assets or materials, in whole or in part.
9.8 Upon expiration or cancellation of a project, other than as expressly provided in these Terms, all rights and obligations of each party under these Terms, exclusive of the Services, shall survive.
Client Representations.
Client represents and warrants to Designer that:
Designer Representations.
Designer represents and warrants to Client that:
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. This is due to the nature of CMYK printing and bulk-run printing system. While every effort will be taken by the Designer to match corporate or requested colours/specifications the Designer will take no responsibility, nor be liable for any variation of said colours in the production process and the final, tangible product supplied to the Client. Client will be responsible for any costs associated with reprinting (if required) and should discuss any concerns directly with the printing company.
Where Designer is supplied with Client/Third Party Materials (“the Materials”), and is requested to use specific material by the Client when undertaking the Services:
Designer shall not be liable for any failure or delay in supply or delivery of services/deliverable(s) where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Designer. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to internet hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, illness, accidents of any kind or act of terrorism.
13.0 General Provisions
13.1 GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the Queensland, Australia.
13.2 REPRESENTATIONS AND WARRANTIES. The parties each individually represent and warrant that each has full power and authority to enter into these Terms and to perform all of their obligations hereunder without violating the legal or equitable rights of any third party.
13.3 LIMITATION OF LIABILITY. The services and the work product of Designer are sold “as is.” In all circumstances, the Designer’s maximum liability to you for damages for any and all causes whatsoever, and your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to $50.
In no event shall we be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the deliverable(s) or the services provided by us, even if we have been advised of the possibility of such damages.
13.4 LIMITED WARRANTY. Except for the express representations and warranties stated in these Terms, we make no warranties whatsoever. We explicitly disclaim any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
13.5 ENTIRE AGREEMENT. Except as otherwise set forth or referred to in these Terms, these Terms constitutes the sole and entire agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
13.6 SEVERABILITY. If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, these Terms will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of these Terms, and the remaining provisions of these Terms will remain in full force and effect.
13.7 NOTICES. All notices shall be sent by email. Permissible addresses for notice include those stated in these Terms and any other address reasonably communicated.
A notice that is sent by email but is not read by the addressee is nevertheless effective if, but only if, it has been (a) sent from an email account that has been designated for notice and (b) delivered to an email account that has been designated for notice.
13.8 INTERPRETATION.
Design Terminology. Any design terminology is defined according to standard design industry usage. Any dispute as to the meaning or scope of design terminology will be determined in good faith by Designer.
Definitions used in these Terms have the same meaning whether they are capitalised, all caps, lowercase, or a combination of cases.
Headings. Section headings are provided for convenience only and do not affect the meaning of any Terms.
Terms of Service Construct. Words and sentences that are capitalised, underlined, bold, italicised and/or in colour, have no special meaning – the formatting is intended only to enhance readability.
Waiver. Failure by either party to enforce any right or seek to remedy any breach under these Terms shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect.
Mutual Drafting. Any ambiguity or inconsistency in these Terms is to be resolved in accordance with the most reasonable construction and not strictly for or against either party by virtue of that party’s author-ship.
Integration. These Terms comprise the entire understanding of the parties and supersedes all prior agreement and understandings.
13.9 The Client agrees that all/any Third Party material providers such as www.istockphoto.com/au, may provide their own Terms and Conditions of Trade, and that the Designer is in no way engaged in any agreements between the Client and all/any Third Party material providers under those Terms.
13.10 The Designer reserves the right to review and modify these Terms at any time.
Hi, I'm Ricky. I provide reliable, quality graphic design services to businesses throughout Brisbane and Australia.
My services include Logo Design & Brand Development and Graphic Design for print and digital media.
Whether you’re after a one-off service, or ongoing graphic design support, you can rely on me to get the job done right - Every time.
If you think I'd be a great fit for your design project, please get in touch - I'd love to work with you!
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