Terms and Conditions
Agreement between Maddison Designs® and business or individual. The client/individual is subject to the following terms and conditions.
General Working Agreement
This document defines the terms and conditions of our working relationship. All projects or services that Maddison Designs®(hereafter referred to as “Maddison Designs” or “we”) may be contracted to produce or provide for yourself (hereafter referred to as “you” or “the client”) will be subject to the following:
Based on our experience with long-term design communications projects, we have found that it is mutually advantageous to handle each project in logical working/billing phases.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Maddison Designs or the client to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by Maddison Designs. For each project, the client will receive a proposal/estimate outlining the project specications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemised costs for anticipated out-of-pocket expenses.
We will begin work upon the client’s approval of the written estimate and after the initial deposit payment. Your approval (written or oral) will constitute an agreement between us.
The client agrees to pay Maddison Designs in accordance with the terms specified in each proposal/estimate. A deposit of 50% of the total estimated project shall be remitted upon signing this agreement.
Unless otherwise specified, all subsequent balances due are payable upon project completion. Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid. All payments will be made in AUD funds. If paying by cheque, you agree that should your bank return your cheque for any reason, you will be liable for any additional fees incurred by Maddison Designs. You further agree that should your bank return your cheque(s), for any reason, we will charge you a $30.00 fee and you will be responsible for payment in full upon notication by your bank, and/or Maddison Designs.
Billing will reflect the actual costs incurred. Valid for only 30 days from date on estimate. Client requested changes will be billed additionally. The client will be notified of any price changes.
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, stock imagery, colour printouts, illustrations, shipping and handling or courier service. Expenses are itemised on each invoice. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
If the above-named project requires developing and/or improving a World Wide Web site, if the above named client wishes to have Maddison Designs install the client’s web space on the Maddison Designs hosting service, permission to do such is granted. If the client prefers to have the site hosted elsewhere, the client hereby authorises Maddison Designs to access this account and authorises the Internet Service Provider to provide Maddison Designs with “write permission” for the client’s web page directory and any other directories or programs which need to be accessed for this project. The client also authorises Maddison Designs to publicise their completed web site to web search engines, as well as other web directories and indexes, if this is included in the scope of the project.
Revisions and Alterations
New work requested by client and performed by Maddison Designs after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.
Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
Estimates are based on a reasonable time schedule and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.
Copyrights, Trademarks & Ownership
The client represents to Maddison Designs and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Maddison Designs for inclusion in Web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Maddison Designs from any claim or suit arising from the use of such elements furnished by the client.
Copyright to the finished assembled work of web pages produced by Maddison Designs is owned by Maddison Designs. Upon final payment of this agreement, the client is assigned rights to use as a Web site the design, graphics, and text contained in the finished assembled web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm newsletter, brochures, slide presentations and similar media. We agree to store mechanical boards and computer disks for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to discard them.
Termination & Refund Policy
The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorised purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.
Upon termination of this agreement, Maddison Designs will transfer to the client all your property and materials in our control and for which you have paid. The client will indemnify and hold Maddison Designs harmless for any loss or expense (including solicitor’s fees), and agree to defend Maddison Designs in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against the client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
If the client halts work and applies for a refund within 30 days, to Maddison Designs, work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this contract.
Maddison Designs and the client must work together to complete the project in a timely fashion. We agree to work expeditiously to complete your project in a timely manner. Neither party shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Maddison Designs. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Victoria, Australia. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain a solicitor to collect our invoices, we will be entitled to reasonable solicitors fees, court costs, and interest at the maximum rate permitted by law.