Mercury Design PTY Terms and Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Mercury Design PTY.
All design work is carried out by Mercury Design PTY on the understanding that the client has agreed to abide by Mercury Design PTY’s terms and conditions.
Copyright of all graphic design work is retained by Mercury Design PTY including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by Mercury Design PTY as fulfilling the contract. All other artwork designs remain the property of Mercury Design PTY, unless agreed in writing.
At the time of proposal, Mercury Design PTY will provide the customer with a written estimate or quotation through Freshbooks online accounting software which will be received by email or a PDF document emailed.
The estimate or quotation is to be marked as accepted via Freshbooks online accounting, or through email corresspondence stating the customers acceptance. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Mercury Design PTY ‘s terms and conditions. No work on a project will commence until either document has been received by Mercury Design PTY.
Fees for design services to be provided by Mercury Design PTY, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due on projects worth over R2500. Work on the project will not commence until Mercury Design PTY Ltd has received this amount.
Charges for Other Services
Charges for any additional services over and above the estimated design, will be made known to the client. They will become fully payable at the time of project acceptance.
The client will be asked to provided artwork sign off before being issued with an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 15 days after the date of invoice, may incur an extra charge of 15% of the outstanding amount.
Payments may be made by cash or electronic funds transfer.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Mercury Design PTY shall be considered entitled to remove Mercury Design PTY’s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, design and maintenance, sub-contractors, printers, and photographers.
Removal of such materials does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Mercury Design PTY reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Mercury Design PTY for inclusion in the customer’s brochure or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Mercury Design PTY on behalf of the customer, will remain the property of Mercury Design PTY and/or it’s suppliers, in which full copyright will be passed to the client upon receipt of full payment.
By supplying images, text, or any other data to Mercury Design PTY, the customer grants Mercury Design PTY permission to use this material freely in the pursuit of the design and to utilise the designs in Mercury Design PTY’s portfolio unless agreed otherwise.
Should Mercury Design PTY, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Mercury Design PTY to remove and/or replace the file.
The customer agrees to fully indemnify and hold Mercury Design PTY free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The customer also agrees that Mercury Design PTY holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Mercury Design PTY, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Mercury Design PTY and any of it’s relevant sub-contractors.
All design work where there is a risk that another party may make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Mercury Design PTY will not be held responsible for any and all damages resulting from such claims. Mercury Design PTY is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Mercury Design PTY responsible for any such loss or damage. Any claim against Mercury Design PTY shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Mercury Design PTY ‘s definition of acceptable means of supplying data to the company.
Text is to be supplied to Mercury Design PTY in electronic format as standard text (.txt), MS Word (.doc) on CD, USB data stick, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Mercury Design PTY via CD, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Mercury Design PTY will not be held responsible for any image quality which the client later deems to be unacceptable. Mercury Design PTY cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Mercury Design PTY of a design project’s duration is to be considered by the customer to be an estimation. Mercury Design PTY cannot be held responsible for any project over-runs, whatever the cause.
Design Project Completion
Mercury Design PTY considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Mercury Design PTY will provide the customer with the opportunity to review the resulting work. Mercury Design PTY will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Mercury Design PTY by email or post.
Mercury Design PTY will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
The customer agrees to allow Mercury Design PTY to place a small credit on printed material, exhibition displays, advertisements and/or a link to Mercury Design PTY’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Mercury Design PTY to place all designs on Mercury Design PTY ‘s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Mercury Design PTY will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Mercury Design PTY also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Mercury Design PTY does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Mercury Design PTY to remove the contravention without hindrance, or penalty. Mercury Design PTY is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or email, however, following this, Mercury Design PTY will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 10 days. Please note: any cancellation which is not formally confirmed in writing and received by Mercury Design PTY within 4 days of such instruction being issued, will be liable for the full quoted cost of the project.
Mercury Design PTY makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Mercury Design PTY will not be held responsible for any and all damages resulting from products and/or services it supplies. Mercury Design PTY is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Mercury Design PTY responsible for any such loss or damage. Any claim against Mercury Design PTY shall be limited to the relevant fee(s) paid by the customer.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Mercury Design PTY reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Mercury Design PTY and validated by the customer’s acceptance through email or Freshbooks on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Mercury Design PTY.