Terms & Conditions
Moved by Design can be reached by telephone from Monday to Friday between 10am and 5pm (Sydney Australia time AEST) on 0415 889 486.
We do agree to take creative direction & alterations via telephone however, all communications that are legally binding must be in writing via email. Skype chats are welcomed at the Skype user name: jasonknightdesign. The majority of designer/client communication is via email, or filestage which assists all parties being clear and concise.
Please note that upon receiving a signed copy of the Investment Page from you, we will accept this as confirmation that your organisation will accept the following terms and conditions. Your dates prior to signing have been put in our diaries as tentative. In general we will expect 50% of your workshop investment as a deposit to lock-in the dates and the balance including costs at the completion of the work.
Workshop - Cancellation / Postponement
If you should cancel your workshop or need to move the date, please be aware of the following conditions. Please note that the figures quoted below are non-refundable, non-transferable charges and relate directly to our facilitation and material charges.
• 6 weeks or more = no charge + booking costs
• 3 - 6 weeks = 50% cancellation + booking costs
• 2 weeks or less = 100% cancellation + booking costs
Please note all travel, accommodation, venue or third party charges will be charged to you as per their terms and conditions, which we will sign on your behalf.
The Client Brief
The brief form is the single most important document in determining the creative and strategic direction of the project. All aspects of the project must be included in this document. Moved by Design takes this information and creates your design from this. The "client" agrees that and additional information, changes or additions that are requested after the submission of the brief form and commencement of the project over and above the original brief document, will be liable to additional charges of an hourly rate.
The client will make a 50 percent down-payment prior to work commencing. The project can be scheduled once the down-payment is received by Moved by Design. The down-payment is non-refundable. The remaining 50 percent is payable to Moved by Design upon completion of the project, and before final artwork is supplied to the client.
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring 30 day period until the full amount has been received by Moved by Design.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 90 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100 percent of the total project cost.
Rights and Ownership
Services provided by Moved by Design shall be for the use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by Moved by Design for this project shall be granted:
- Client to gain full transferable rights to design material, and
- Client to gain full license to reproduce works through commercial printers.
The client shall be entitled to full ownership of all final artwork upon full payment of the agreed fee.
Unused concepts remain the property of Moved by Design.
The client shall inform Moved by Design in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
While Moved by Design takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. "The Client" to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative 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 oversights by "The Client's" proof reading.
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system.
It is agreed that Moved by Design is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, committed to print or posted in view of the public. Moved by Design will not be help responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Moved by Design of any such errors during the revision cycle and before the final files have been generated. In the event of a need to reprint due to errors in content, the client must inform Moved by Design within 5 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project MUST be prepaid.