T&C Web site Design | Print Design

TERMS AND CONDITIONS – DESIGN SERVICES

We offer our design services subject to the following terms and conditions. Payment in full or of a 50% deposit constitutes your acceptance of these terms and conditions. A deposit of 50% of the total estimated cost is requested prior to execution of the project.

GENERAL WORKING AGREEMENT – This document defines the terms and conditions of our working relationship. All projects or services that designer may be contracted to produce or provide for client will be subject to the following:

ESTIMATED COSTS – Project estimates are valid for 30 days from the date of estimate. New work requested by client and performed by designer after an 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.

OVERTIME – 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. There is a 15% extra charge for overtime.

PAYMENT SCHEDULE – A deposit of 50% of the total estimated cost is requested prior to execution of the project and printer’s cost if printing is required. Payment in full or the remaining balance is to be paid before delivery of the completed project. 5% interest is charged monthly on all overdue balances. We reserve the right to refuse completion or delivery of work until past due balances are paid.

RIGHTS OF OWNERSHIP – Once a project has been delivered by us and is fully paid for by client, designer will assign the reproduction rights of the design for use(s) described in the proposal. We reserve the right to photograph and / or distribute or publish for our company’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, brochures, slide presentations and similar media.

LIABILITIES – The designer is not held responsible for the use of images, photos, fonts etc upon the request of the client. If a client requests the use of copy written images or fonts or where it is stated that payment is required for the use of the particular object, they are liable for the costs incurred by the designers obtaining permission to use them or will not be held responsible should action be taken for the use of these objects.

OUT-OF-POCKET EXPENSES – Fees for professional services do not include outside purchases such as, but not limited to printing, photography, laminating, colour printouts, stock images, insurance or courier services. Expenses are itemized on each invoice.

COMPLETION / DELIVERY OF PROJECT – Any courier or insurance cost will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, energy failure, equipment breakdown or external forces beyond the control of the designer, shall entitle the designer to extend completion / delivery date, upon notifying the client, by the time equivalent to the period of such delay. Where production schedules are not adhered to by the client, final delivery dates will be subject to renegotiation. It is the client’s responsibility to ensure all wording; images etc are supplied in time in order to avoid delays with the completion of the design project.

REJECTION / CANCELLATION OF PROJECT – The client shall not unreasonably withhold acceptance of, or payment for, the project. If prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for additional labour or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Clients shall bear all costs, expenses and reasonable attorney’s fees in any action brought to recover payment under this contract or in which The Magic Box may become a party by reason of this contract.

PROOFS – A proof will be supplied and must be signed or accepted by the client. If revised proofs are desired, request should be made when proofs are returned. A reasonable (5%-10%) variation in colour between colour proofs and the completed print job shall constitute acceptable delivery. The Magic Box cannot be held responsible for errors under either or both of the following conditions: if the client has failed to return final proofs with indications or corrections.

If the client has instructed The Magic Box to proceed without submission of proofs, any changes made after the proofs are signed off or accepted will incur extra costs depending on extent of changes.

PROJECT CHANGES – A total of 3 changes are allowed to a client for design projects depending on the extent of the changes. If more changes are requested, an hourly rate for these changes will be added to the total of the final invoice.

ERRORS AND OMISSIONS – It is the client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Designer is not liable for errors or omissions. Your signature or that of your authorized representative is required on all proofs (approval forms) prior to release for printing or other implementation.

TERMS AND CONDITIONS - WEB SITE DESIGN

CLIENT REVIEW – The Magic Box will provide the client with an opportunity to review the appearance and the content of the website during the design phase and before the final upload. At the completion of the project, the website design and layout will be deemed to be accepted and approved unless the client notifies The Magic Box otherwise within 5 working days.

TURNAROUND TIME AND CONTENT CONTROL – The Magic Box will install and publicly post or supply the clients website by a date agreed with client, upon The Magic box receiving initial payment, unless a delay is specifically requested by the client and agreed upon by The Magic Box.

TERMINATION – Termination of services by the client must be requested in an email and will be effective on receipt of such notice. It is the client’s responsibility to follow up with a phone call to ensure The Magic Box has received their notice email. Telephone and sms requests will not be honored until and unless confirmed by email. The client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty days.

COPYRIGHT – The client retains copyright to data, files and graphic logos provided by the client and grants The Magic Box the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party. The client is further responsible for granting The Magic Box permission and rights for the use of the same and agrees to indemnify and hold harmless The Magic Box from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the client to The Magic Box that all such permissions and authorities have been obtained. Evidence of permission and authorities may be requested.

DESIGN CREDIT – A link to The Magic Box will appear in either small type or by a small graphic at the bottom of the client’s website. If a client requests that the design credit be removed, a nominal fee of 5% of the total development charges will be applied.

ACCESS REQUIREMENTS – If the client’s website is to be installed on a third-party server, The Magic Box must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

POST-PLACEMENT ALTERATIONS – The Magic Box cannot accept responsibility for any alterations caused by a third party occurring to the client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

DOMAIN NAMES – The Magic Box may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of The Magic Box. The client should keep a record of the due dates for payment to ensure that payment is received in good time.

WEB HOSTING – The client will be responsible for renewing their web hosting package yearly. The client will be notified one month before expiry of web hosting.

STANDARD MEDIA DELIVERY – Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the client in electronic format (text files delivered on disk or via email) and that all photographs and other graphics will be provided in high quality electronically by the client (delivered on disk or via email)