Terms & Conditions

 

Below is Moss51 Art & Design (referred to as Moss51) standard Terms and Conditions. Please take the time to read through our Terms and Conditions thoroughly and ensure you understand them and their implications before you commence any work with Moss51. Please also notice that from time to time Moss51 may need to alter these Terms and Conditions without notice. Contact us if you need explanations on any of the Terms and Conditions in this document. By requesting designs and/or services from Moss51 you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.

Terms and Conditions

Moss51 Art & Design

The below conditions have been construed under Australian Law and apply to individuals, business or companies (referred as Client/s) engaging the services of Moss51 Art & Design, its contractors, subcontractors and employees unless otherwise agreed to in writing by both parts.

General Conditions of Contract

1. These Terms and Conditions cover all contracts entered into by a Client with Moss51 for services relating to design, printing, copywriting, visual media, websites, brand identity, illustrations, images and artwork.
2. These Terms and Conditions are subject to change without notification by Moss51.
3. These Terms and Conditions apply to Moss51 and all of its contractors, businesses, individuals and companies.

The Brief, Proposal, Variations and Guarantee

1. A representative of Moss51 and the Client will attend an initial consultation at no charge to the Client. This meeting can be held by phone or in person. A Brief will be constructed through the collection of logos, designs and information received from the Client. This will assist in the evaluation and formulation of the Client’s business design requirements.
2. A Proposal/quote will be constructed on the approval of the visual Brief for the Client’s acceptance and signature.
3. Acceptance of the Proposal/quote from Moss51, with payment of 50% of the quoted amount to commence any project (with the balance payable prior to delivery), constitutes an agreement to these Terms and Conditions and the commencement of work.
4.  This deposit is nonrefundable. In the case of a change of mind by the Client, this deposit is nonrefundable. Moss51 endeavours to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a change of mind by the Client, after the project has commenced, the initial 50% deposit is forfeited. Moss51 will determine the cost of artworks and services provided. The Client will be invoiced this amount. The Client will only pay what exceeds 50%.
5. The Client will have the right to a number of revisions (quantity agreed previously) during the project. We listen to their input. There will be a CMS (Content Management System) for feedback. The Client’s comments are essential for the good results of the project.
6. After the Proposal is accepted, any additional work or variations outside the original Brief will be charged at an hourly rate. All prices exclude GST. Additional expenses will be charged accordingly.

Quotations

1. Quotations are generated by Moss51 on the basis of the Brief and expected time investment. Quotations may be subject to change if additional work is required. All turnaround time quotations are estimates and are based on Australian calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

Payments

1. Moss51 reserves the right to request a deposit from the Client prior to starting work on their project or artwork. If a deposit is requested by Moss51, an invoice will be generated and delivered to the Client via email and payment is expected. By remitting deposit funds to Moss51, the Client is accepting the Terms and Conditions and entering a contract with Moss51.
2. If a deposit is not requested, the Client is considered accepting the Terms and Conditions upon request of services/work from Moss51.
3. The Client reserves the right to request a payment plan which may be accepted by Moss51 at its discretion. All payment plans must be agreed to both parties in writing.
4. All prices quoted on Moss51’s website and advertising material include or exclude delivery, as it was negotiated, and exclude GST.
5. All payments are to be made within 30 days of invoicing. If an account is considered in default, unpaid after 30 days from the date of the invoice, Moss51 shall at its sole discretion suspend any and all services provided to the Client by Moss51 or its subsidiaries, including, but not limited to, hosting, website design files, concepts, artwork, reports, insights, email, and may employ debt collection measures until the total outstanding balance has been fully paid.
6. Moss51 is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.  
7. Moss51 reserves the right to delete websites with accounts more than 90 days of the outstanding payment. Suspension of such services does not relieve the Client of its obligation to pay the due amount.
8. All printing accounts must be settled in full prior to the release of the files to the printer.

Cancellation and Variation Policy

1. Moss51 reserves the right to charge additional costs if the Client requests amendments to the original Brief, the original project outcome is altered or further artwork is requested.
2. If the Client requests the cancellation of the project, Moss51 will determine the cost of artworks and services provided. The Client will be invoiced this amount. The first 50% deposit is nonrefundable. The Client will only pay what exceeds 50%.
3. In the event of cancellation of the project by the Client, ownership of all copyrights and original artwork and files shall be returned and retained by Moss51.
4. If a project is cancelled by Moss51, due to unforeseen circumstances, the deposit will be refunded in full to the Client in a timely manner.
5. Urgent work requested outside of the scope of the Services which is required outside of ordinary business hours or to the detriment of concurrent work for other clients will be charged at an hourly rate equalling and an additional 25% of Moss51’s ordinary hourly fees as set out in the quotation.
6. Publication and/or release of work performed on behalf of the Client by Moss51 will not take place before cleared funds have been received.
7. Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the Client terminates the contract after work has commenced.
8. If a Client loses or accidentally deletes the files delivered by Moss51 at the completion of the project, Moss51 can re-send files for a fee of $50 per request (plus GST if applicable). Providing the request from the Client has been made within 2 years from the date of completion.
9. Moss51 will not archive projects older than 2 years from completion unless requested by the Client in which charges apply.
10. In a website maintenance plan with Moss51, the files will be kept active for as long as needed.

International Work

1. Some Moss51 clients come from outside Australia. Being a niche market we are global specialists in branding, content, graphic and web design and as such create artwork across the world, using contemporary communication methods such as Skype, Dropbox, Google Suite, Droplr, email, along with more traditional devices such as a telephone.  

Approving Proofs, Designs, Printing

1. The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to, design, spelling, grammar, illustrations, images and quantity. The Client’s final accepted proof is the artwork that will be submitted for printing and/or web construction. There will be no reprints or web development at our expense. Print out of Client’s Proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.

Liability and Litigation

1. It is agreed that all artwork and material provided for the Client by Moss51 will be free and clear of all liens and encumbrances and may be fully 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 trademark rights of any third party.
2. It is agreed that Moss51 indemnify and hold the Client harmless from and against all claims for injury or death to persons or damage to property (including the cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of the Client or its employees, and it is agreed that we shall notify the Client in writing of details of any such a claim.
3. Under no circumstances shall Moss51 be liable to the Client for any indirect or consequential loss suffered by the Client relying on the information included in the artwork or designs prepared by Moss51 including (without limitation) loss of profit, loss of contracts or pure economic loss.

Approval of Final Artwork

1. While Moss51 takes all care to avoid errors, Moss51 accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any material delivered by the Client on any project. Moss51 accepts no responsibility for imperfect work caused by defects in or unsuitability of the material delivered by the Client.
2. The Client is responsible for ensuring the use of the Client’s own and any third parties photographs, images, sounds and text in the material delivered by the Client to Moss51 does not infringe third party Intellectual Property Rights.
3. The Client is to proofread and approve all final copy before the production of artwork. The email verification of the Client shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by the Client’s proofreading.
4. Moss51 will not be responsible for any changes or amendments made after approval. It is the sole responsibility of the Client to notify Moss51 of any such errors during the revision cycle and before the final files have been generated.
5. In the event of a need to reprint due to errors in content, the Client must inform Moss51 within 3 days product acceptance and must return the product (at the cost of the Client) within 10 days of acceptance for assessment.
6. As with all print projects, payment for a re-printed project must be prepaid.
7. In printing material, there may be some colour variations from what the Client has seen on screen, to what the final product looks like, and/or previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Moss51.

Copyright

1. Ownership of copyright over all concepts and draft artwork and website architecture remain with Moss51. This includes, but is not limited to, logos, symbols, compositions and copy. Unlawful use of these artworks by the Client is strictly prohibited. The use of artwork prior to payment is illegal.
2. Moss51 reserves the right to retain certain elements used to create the Client’s images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
3. Moss51 reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the Client prior to purchase if not included in the proposal quote.
4. Artwork designed will remain the property of Moss51 until the account is paid in full. Future reprint requests of the same artwork will only incur a print management fee.
5. Upon full payment of the account, the copyright ownership will be transferred to the Client. Copyright will remain property of Moss51 until such time as an agreement is in place. (Australian Copyright Act (1968), “licensing of copyright is subject to a mutual agreement made between client and designer”. Unused concepts remain the property of Moss51 and include design proposals and concepts submitted but not approved for the work outlined.
6. Only finished art files suitable for reproduction will be supplied to the Client. Raw/working/source files remain the property of Moss51 unless otherwise negotiated.
7. All services provided shall be for the exclusive use of the Client’s said purpose only. Designs may not be used for other promotional items, web sites or printed materials without permission from Moss51. For additional usage, the price will be assessed and quoted as needed.
8. Moss51 reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Moss51 in print or digital media, portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.

Goodwill

1. This document assumes goodwill from both Moss51 and the Client regarding what can reasonably be achieved in a given time frame and making the best use of resources to achieve the most effective outcome.

Printing and Delivery

1. Printing will not commence until full payment for artwork. Turnaround time for printing, which commences at the date of Client approval of artwork proof and payment, is based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.
2. With all printing, there may be some colour variations from electronic visual representations of artwork and/or previous orders to the final printed work. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.
3. Moss51 cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier, although the utmost care will be taken to ensure the products arrive on time and undamaged.

Website Design – Credit

1. The Client agrees to allow Moss51 to add a small credit on the customer’s website. This will be in the form of a small logo and a line of text placed towards the bottom of the page.
2. The Client also agrees to allow Moss51 to place websites and other designs, along with a link to the Client’s site on Moss51’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.

Website Design Post-Completion Alterations

1. Upon completion of the website build, Moss51 will provide the Client with the opportunity to review the resulting work. Moss51 will make one set of minor changes at no extra cost within 14 days of submission to Client for review (Review Period).
2. Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
3. Moss51 will be notified of any minor requested change by email. Moss51 will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the Review Period.

SEO Search Engine Optimisation & Search Engine Listings

1. Moss51 builds web sites according to the trends of SEO at the time of building. A representative of Moss51 will help the Client explore its keywords/keyphrases; however final key phrases choice is the responsibility of the Client.
2. Moss51 cannot guarantee, and cannot reimburse the Client against any claims regarding the following: the presence of Google or search engine listing, the position of a website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the website and effectiveness of keywords /keyphrases.

Social Media

1. Moss51 has no control over the policies of Facebook, Twitter, YouTube, LinkedIn, Pinterest and all other social media channels being utilised for campaigns. Moss51 has no said with respect to the type of content that social media channels accept now or in the future.
2. Moss51 makes no warranty that the social media campaigns the Client creates may generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose.
3. The Client guarantee that any element of the text, graphics, photos, designs, trademarks, or other artwork provided to Moss51 for inclusion in any project are owned by the Client or that the Client has permission from the rightful owner(s) to use each of the elements. 

Open-Source Content

1. Moss51 makes extensive use of open-source content management systems to build websites to clients. Moss51 will not charge additional licensing fees on open-source software.
2. All software and components not developed by Moss51 retain the original license and terms associated with them. Moss51 cannot assign any rights to clients and clients are bound by the original author’s terms.
3. Moss51 is not responsible for open source software upgrades when old versions of the software are no longer supported and as such pose a security risk to the website. Open-source software upgrades can be undertaken by Moss51 at an additional cost outside of the scope of this agreement or during website maintenance plans with the Client.
4. As the standard open-source software used by Moss51, the clients are required as part of this agreement to read about WordPress licensing and security upgrades or other open-source software applications as advised by Moss51.

Technological Advancements

1. Moss51 provides domain names, hosting and registration, SSL certificates, email addresses and email hosting for Clients when building a website.
2. Moss51 builds and designs websites to the best of its knowledge at the time of completion. Moss51 cannot take responsibility if the Client’s site is “hacked”. Moss51 does not take any responsibility for any unforeseen advancements in a technology that may have negative effects on many aspects of the Client’s site or system.

CMS Content Management Systems

1. CMS Content Management Systems websites are delivered in the agreed working order. Any changes to the working files or configuration of the CMS that are done by a third party are the responsibility of the site owner.
2. Web sites are built using the latest software available at the time. All web sites terms and conditions also apply to CMS.
3. Moss51 does not hold responsibility for any content posted by the Client on the Client’s website after completion. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibility of Moss51.
4. Moss51 does not hold any responsibility for the misuse of the CMS or website.
5. Moss51 does not back up website content and cannot be held liable for partial or complete loss of data. It is the Client’s responsibility to back up their website.

Force Majeure

1. Moss51 shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partially due to any cause or circumstances whatsoever outside the reasonable control of Moss51 including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, a failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Confidentiality

1. It is agreed that the employees of Moss51 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.
2. All contractors employed by Moss51 are held to strict confidentiality and non-disclosure agreement. Contractors of Moss51 are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Moss51. If this was to be breached by the contractor, Moss51 will take swift and repairer measures to ensure the Client is made aware that the contractor in question is no longer a representative of Moss51 and acts independently. Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
3. Moss51 aims for complete security of its clients and when it selects contractors it is based upon references, and global checks with previous employers, as well as compliance with strict Moss51 guidelines of professional behaviour and ethics.

Amendment to These Terms and Conditions

1. All and any amendment to the Terms and Conditions outlined in this submission must be provided by the Client in writing and signed by an authorised representative of Moss51 prior to the commencement of work.

Disclaimer

1. Graphic Design, web design, branding strategy and marketing are all highly creative and subjective art forms. As such, Moss51 takes every possible care with professional advice offered, and any suggested creative concepts and/or their implementation, however, Moss51 cannot be held responsible for variations between expectation and outcome.
2. All information contained in Moss51’s website is intended for general information purposes only. The information is provided by Moss51. Moss51 tries to keep the information up-to-date and ensures that it is correct, however, Moss51 makes no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in its website, or any products, services, links, or graphics that may be found on its website.
3. Moss51 will not be held liable for any loss or damage, or loss of data from the Client’s use of its website, or in connection with its website. This includes indirect or consequential loss or damage. Moss51 has no control over web sites that are linked to the Client’s website.
4. The third-party websites are under the control of their owners, and Moss51 will not be held liable for the Clients’ use of those websites. By linking to these sites, Moss51 is not endorsing or recommending any information or views expressed in the content of those sites.

Contact us if you need explanations of any of the Terms and Conditions in this document.