Terms and conditions
Subject to frequent change without notice.
1. Quotations, budgets and estimates.
Mud Group makes every effort to be as cost effective and accurate as possible, but extra inclusions or exclusions may occur based on specific jobs or requirements. If it is necessary to go beyond the time allocated then we will communicate with you where appropriate and re-quote. This usually happens in the case where the CLIENT requests excessive changes, has a change of mind or want to see new directions. Additional time, if required, is billed hourly. If you acknowledge and accept a quote - verbally or via email (preferred) or in writing, it is considered permission to commence work. Quotes and prices guidelines are estimates only and are subject to a variety of changes and external or CLIENT influences.
2. Customers instructions and supply of content.
Where verbal instructions only are received, all care is taken but ultimately Mud Group shall not be responsible for errors or omissions due to misinterpretation of those instructions. We prefer instructions to be given in writing, email, forms or meeting with us. If we proceed based on an instruction by you, either verbally or in writing, an invoice will be issued at the completion or termination of the job or request. If you have any existing logos or other job related logos - it is preferred that they be supplied in Adobe Illustrator or EPS format If logos are supplied in JPG format or have 'pixels' within them, the file will be submitted to a quality control test and may need to be retraced to meet quality reproduction standards and therefore will incur a charge. For all content inclusive items e.g., websites, brochures, business cards, forms etc, all text must be typed and supplied in a common text editor in digital format and be emailed in a clear and easy to understand format. All images must be supplied in Digital Format ie Vector EPS/AI for logos and HI resolution large file size JPGs for photos. Otherwise a scanning fee or a stock image search and license fee may be incurred. It is preferred that all Images and text must be provided to Mud Group before commencement of work.
3. Additional work.
Mud Group reserves the right to charge without notice for any additional work caused by requested changes in job description, additions and alterations. However, where possible we will try to notify you of any extra costs.
4. Job sign off.
The CLIENT will be ultimately responsible for final approval of all proofs. The designer will coordinate this with you and request you to 'sign off'. It is important to make all final corrections BEFORE the files go to the printer to avoid delays and excess fees or the wrong thing going into production. Mud Group cannot be liable for any work final approved by CLIENT and released to printer. Approvals should be given in some sort of written communication - email or post. Verbal sign-off should only occur when time and resource is limited - but we recommend against this, as errors can occur, which you are liable for. Mud Group will not be liable for any errors found once sign off has been issued due to a verbal sign off. No job will go into production without your permission or approval. We take all care and your interest is our concern, but after sign off we are not responsible for any content errors that are picked up after production. If a phone call is the only method of approval - you are solely responsible for any miscommunication or errors that occur as a result of hasty CLIENT decisions or us having to rush a job through. Works in progress, not yet approved by CLIENT beyond 7 days, up to 1 month of initial order, may be closed off and shall be billed at our discretion. An invoice will be generated for works done to date. The job can be opened up again at a later stage. An invoice will only be relevant then to the new work.
5. Payment, terms, fees and charges.
All prices, quotes and invoices are in Australian Dollars and GST indicated appropriately. Mud Group shall invoice the CLIENT for the quoted value of the work plus any additional charges that have occurred to enable the work to be completed to meet the customer's requirements. A deposit will be required for new customers, larger jobs or for printing or when requested. Payments in full may be requested before artwork or printing is released. Minimum time increments recorded at 0.25 hrs. Our quotes or estimates may be open to negotiation before commencement of a job, and we can always work out alternate methods to suit your budget, needs or situation. However we will not be subject to new & unproven CLIENT's demanding 'freebies' when no relationship has been established. We may choose to offer a service for free or pro-bono if and where appropriate. EFT Bank transfers are our preferred method of payment, cheques are to be made payable to Mud Group. Graphic design and creativity is intellectual property. As every CLIENT is different, how we relate our expertise, experience and service is based on your unique situation. We may see fit to charge our services flexibly and vary from our pricing policy if appropriate. You as the CLIENT will be notified if this is the case. The suspension of the project by the CLIENT for any reason, shall entitle Mud Group to payment in full for the amount of work completed to date. Projects are generally billed hourly, quoted, or other as outlined in an agreement - usually contained in an email. The method of quoting shall depend on the type and scope of work. Specific fees and terms will be detailed in your project estimate where appropriate and at the discretion of the director. You have the right to question any item contained within the invoice as sometimes errors can occur and we will endeavor to fix them hastily.
5.1 Payment terms
Upon the receipt of an invoice, payment is upfront or on a 7 day term. The director will determine any additional payments on a weekly or monthly amount if required or if deemed necessary.
5.2 Chargeable items (but not limited to and subject to frequent change)
Any service, time or advice can be deemed chargeable at the discretion of the director. Graphic design and document layout including image, content and font manipulation. Artwork production, printing and any other related service requested. Drafting and requested amendments. Concept development that doesn't go to production, including research and any requested 'thinking' on your behalf. Requested branding advice or recommendations. Creative design, font and colour choice. Logo retracing. Image searching and the purchase of stock image licenses.
5.3 Other expenses may include.
Anything can be deemed chargeable at the discretion of the director. Hiring a proofreader/illustrator/photographer/other related professional service. Time for designer to check proofs and time on press (if required). All related printing, production and supplier fees. Image scanning. Portable disks, usb's, shipping and courier fees. Hosting fees. Any domain name registration fees. Ongoing web site maintenance. Research and testing new developments and technologies at your specific/requested use. Phone calls made on your behalf or request with the sole aim of completing your job or at your request. Further requested meetings aside from the initial meeting (charged with reason). Discretionary urgency fee of 20% in addition to the final amount. Attending or setting up but not limited to, external activities such as; on site visits, focus groups, art directing other professionals. Print management related activities including Proofing, administration and anything within reason that specifically relates to your approved job or request. Any out-of-pocket expenses may be subject to a markup to cover time and costs involved. The CLIENT will always be notified beforehand to approve any reasonable expense. Copyright release fee if necessary. Any other reasonable request that requires our staff time or professional service.
Anything can be deemed non-chargeable at the discretion of the director. General internal administration tasks. Initial meetings. Quotes. Backup storage of your completed jobs and retrieval for straight reprints only. Retrieval fees may apply. General phone support (within reason) - we want to help you get the best out of our service. Fixing errors that are solely our fault. Areas that are 'grey' will be subject to negotiation and some fee may expected to be paid.
The CLIENT indemnifies and agrees to keep Mud Group indemnified against all liability, losses or expenses incurred by Mud Group in any way directly or indirectly connected with any breach of copyright on materials supplied by you the CLIENT. In other words if you give us stuff that breaches copyright or the law you, the CLIENT pay the fine not us. You, the CLIENT acknowledges and is responsible for their supplied properties (i.e. logos, images, text etc.) will not violate any law or regulations or infringe upon or violate the copyright, trademark, or other proprietary right(s) or confidential information of any third party, or violate any right of privacy. If these representations shall be untrue or this warranty is breached, CLIENT agrees to hold Mud Group, as well as any of its' officers, directors, employees and agents, from all liability, damages, losses, claims, actions, judgments, and costs, including legal fees, arising as a result of any infringement upon the rights of a third party. Mud Group retains the right to all copyright and intellectual property relating to any artwork and creative concepts or ideas until payment in full is made, but retains the copyright and ownership of the actual digital files themselves unless otherwise agreed or a release fee is paid. You own the copyright to the final outcome, shapes, all content and ideas implemented for your use. Mud Group is at all times the copyright owner of all native and editable digital files that we create from conception and are stored on our system. Such as. indesign, illustrator, photoshop and other native software formats. Any original website code is also copyright to us. Mud Group is the owner of any unused creative output, all unused options, drafts, ideas and electronic artwork created on behalf of the CLIENT e.g.; photoshop, indesign and illustrator files etc. The CLIENT shall be the owner of the actual end product/collateral and content. (i.e. the final idea used, a printed brochure, any produced physical item, actual logo in use on actual collateral, a live website and content contained). Should Mud Group present to you an original idea or or design etc and you or another designer use the concept in a similar or identifiable way - without paying for our work, advice or intellectual property or a copyright transfer - this is strictly against our terms and legal action will be taken to stop you using it. Mud Group is opposed to 'free pitching' (see agda.com.au for more detail). Mud Group will not do work or present ideas for free, in order to show you or present an idea or when pitching in competition with another design firm. A price must be agreed upon before we spend our time on any work undertaken at your request. The general release of electronic files to the CLIENT is at the discretion of the director and more often than not, will be freely given for your use but Mud Group still retain the copyright ownership to the digital file itself. Should you give our file to another designer without our permission, this is in breach of our terms and a copyright release should be requested. Should the CLIENT choose to cease business with Mud Group and wishes to buy the copyright and electronic file ownership, a copyright and complete ownership request is required in writing and incurs a minimum $550 'copyright transfer fee' and a basic retrieval fee of $24.75+postage fee for delivery of requested files. The CLIENT will only receive the files upon Mud Group receiving payment. Once a copyright has been purchased, the files will be deleted from our digital backup system - but not from our external dvd - and won't be used in any Mud Group promotional material. *For more detail on copyright visit - IP Australia or AGDA.
7. Client satisfaction.
Mud Group thrives on repeat and referral business - most of our clients have been working with us for a number of years and feel very comfortable referring other business, friends, colleagues and peers. It is a top priority that clients expectations are not only met but also exceeded.
We source our printers and industry professionals based on the following criteria. We want the best horse for the course - all printers have strengths and weaknesses and can price very differently. The type of job you ask us to deliver, will determine who we choose to do the job. Expected turnaround times or availability - even the best printer may not be able to turn your job around in the specified time, or have the stock on the floor or may not have an in-house bindery, emboss or foiling etc. We want the best Quality and service for the most appropriate and competitive price. Please Note. Because 1 printer does 1 job, doesn't mean they will do the next - based on the above criteria. IF you have created the artwork, please supply us with a hard copy mock up/printed copy of the intended finished document outlining your expected result. We don't guarantee colour reproduction on documents we don't design. Artwork supplied to us must be a print ready PDF with bleed, crop marks, cmyk 300dpi, right reading - not imposed. Unless otherwise specified -native documents with fonts, and images may be required. 'US web coated (swop) v2' is the preferred cmyk colour space. Let us know which colour space the document has been created in, as each 'space' can have big variations. If you are supplying us artwork and if colour is critical, please supply us with a printed sample to match or join us fro a press approval - subject to fees. We also need to be assured that a professional & experienced pre-press graphic designer has setup your files - preferably us! Not a freelancer, desktop publisher, student or someone's mate. I'm sure you can imagine why we need to say this. Our staff are trained to do it correctly - are yours? Please understand that we cannot guarantee colour, content or general layout reproduction on any files that we have not setup or get supplied to us from other designers. Each print job can have colour variations of between 5-10% - no matter where you go. Colour is very subjective and a very difficult art and subject to master consistently. We will do our best to help and match where at all possible. The quality of the output depends on the quality of the artwork setup supplied, the brief you give us and any time pressures. Stock choice will also affect colour and finish. Uncoated paper (letterhead laser type stock) and coated paper (standard glossy brochure type paper) both produce different results.
9. Proof reading.
We are graphic designers, not trained proofreaders or copywriters, and while every effort will be made to ensure accuracy it is recommended that you, the CLIENT, checks everything and is solely responsible for approving artwork BEFORE the job goes to production. Should the services of a professional proofreader be needed, Mud Group can gladly recommend one on your behalf. Websites can be easily updated so proofreading is not as critical as print jobs. The limit of our proofing is to make sure, that we have answered your brief and what we have designed is what gets produced. Eg. quality of finish etc. It is your responsibility to ensure that the final draft content is correct.
10. Artwork storage.
All files are stored electronically and are logged via a database for quick retrieval and access. All files are backed up, daily to external media and systematically on dvd and stored off the premises to ensure loss of work is kept to a minimum. Retrieval fees may be incurred at the discretion of the director. Also retrieving a job from backup is included in the time allocation if previous elements are used in the newly requested job.
11. Liability limit.
Mud Group's liability for any job shall be limited to design and to any service that attracts our service fee. Mud Group cannot be held liable for any consequential or special damages such as profit losses or general advice misinterpretations.
12. Project termination.
If at any time CLIENT chooses not to complete their project for whatever reason or fails to give us feedback within 7 days, then Mud Group shall be compensated for all work to date.
13. Promotional use.
Mud Group may reproduce and alter any work that we have produced for its/our own promotion including any design, artwork or layout in promotional materials such as our own brochures, mailers, or on our website. This will be solely to promote our own services. If you do NOT want your project(s) to appear in our studio's promotional materials please send a written request to the director. If we have accidentally used another studio's creative, please let us know and we will remove it asap.
Your confidentiality is extremely important to us and therefore any of your details or sensitive information is strictly kept private and is only used when specifically doing business solely with you.
Mud Group will commit all resources necessary to complete your job, efficiently, within budget and deadlines. Everything is subject to negotiation, common sense and fairness. If you ask us to do something in a professional scope, expect an invoice as our time is our product.
If you have any questions or concerns, don't hesitate to contact Stuart Fountain on 0417 160 559 or email firstname.lastname@example.org.