As used in this Agreement, "Maddison Designs" and/or "the Company" means Maddison Designs™ and "Client", "you", or "your" means you.
These are the standard terms and conditions which apply to all websites, collateral & graphic design elements quoted, designed and developed by Maddison Designs. For the most part they should not have any effect on the way you use our services.
All quotes are estimates based on the information provided by the client and suppliers. Quotes are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Quotes, unless specifically outlined, do not (generally) include couriers, stock imagery, photography, copy writing or other 'out of pocket' expenses. These are additional expenses. Quotations are only valid for 30 days from date of issue.
Clients should provide written acceptance of all quotes. Verbal acceptance will be confirmed in writing by Maddison Designs. There will be no commencement of work without acceptance. Acceptance of the quotation will also be acceptance of these terms and conditions.
The client agrees to pay the invoiced amount within 14 days of receipt of an invoice. Failure to pay within the stated time frame may result in a late fee being applied to this account. Prior to commencement and on acceptance of quote a 30% deposit will be required. Any jobs that require print work (eg. business cards, stationery, brochures etc.), will also require the printers fees to be paid in advance (on top of the 30% deposit). Larger jobs that continue over an extended period of time will be invoiced as they progress, usually fortnightly.
Any jobs that are cancelled at the client's request, after acceptance of quote and prior to completion, will be invoiced for any work or expenses completed up to that point. At a minimum, the 30% deposit will not be refunded and will be considered payment for work undertaken for quoting, creation of design concepts, communications and investigations.
Maddison Designs reserves the right, in its sole discretion, to terminate your access to the Maddison Designs Web Site and the related services or any portion thereof at any time, without notice. Terminations by Maddison Designs prior to completion of work does not automatically result in the refund or partial refund of any paid funds. Refunds are at the sole discretion of Maddison Designs.
All quotes prepared by Maddison Designs are based on the work being provided in a timely fashion in order to meet client deadlines. Maddison Designs reserves the right to charge a loading for 'rush' deadlines which are imposed by the client. Maddison Designs will NOT accept responsibility for errors in rush jobs.
The client agrees to supply for free, in addition to fees for service, any number up to 10 of printed samples of every item produced for the client by Maddison Designs during the course of this project (quantity to be specified by us).
It is the clients responsibility to ensure that the proofs supplied by Maddison Designs are accurate (ie. content, spelling etc.). Maddison Designs does not accept responsibility for inaccurate content once the proofs have been accepted by the client, either in writing, verbally or via email correspondence. No order may be cancelled or modified after acceptance.
Clients must understand that our printing process will result in colour variations between orders and exact colour matching cannot and will not be provided by Maddison Designs. Colour variations will occur from job to job and run to run. Due to the nature of 4 colour printing, compared to viewing screen images, there may be slight colour differences in the final printed product, when compared to the electronic proof. The electronic proof is supplied to give an indication of the layout, content and colour of the printed collateral. No guarantee can be made that the proof will match the printed colours exactly, however every step is taken to provide the material as close as possible to the proof.
All representations by Maddison Designs as to the date and/or time for delivery are made in good faith, but are not guaranteed. Maddison Designs and its directors, officers or employees shall not be liable for late deliveries or non-deliveries and under no circumstances shall Maddison Designs be liable for any loss, or damage, including consequential loss or damage, or delay suffered by the client or its customers arising from late or non-delivery of goods or service.
It shall be the responsibility of the Customer to insure the goods after despatch from Maddison Designs. Maddison Designs can organise 'registered post' shipments, at the clients request & expense. Maddison Designs shall not be liable for any loss or damage suffered during transit of the goods to the client.
It is agreed that the fee for service shall be the cost estimates provided under the 'time and cost estimate' section of this submission, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified under the 'items to be produced' section of this submission, the client agrees to pay appropriate fees for the excess work.
This is defined as any work involving additions to the list of items under the 'items to be produced' section or changes to all pieces of finished artwork after sign off by an authorised representative of the client.
It is agreed that all work and materials provided for the client by Maddison Designs 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.
It is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission. It is agreed that Maddison Designs hereby assign to the client, upon written confirmation of this submission, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined. This granting of copyright does not extend to the use of design proposals submitted but not approved by the client for the work outlined in this submission.
If you provide Maddison Designs with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Maddison Designs against any action taken against Maddison Designs by any such third party.
You will be solely responsible for the content of your web site/collateral. Maddison Designs is not responsible for proofreading any content unless specifically agreed.
It is agreed that employees of Maddison Designs 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.
Maddison Designs reserves the right to change or modify any of these terms or conditions at any time.
If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between Maddison Designs and the client. The remaining terms and conditions remain in full force and effect.
