Terms & Conditions

Please take time to read through our Terms and Conditions thoroughly and ensure you understand them. By requesting services from Mustard Design & Digital you agree to our ‘Terms and Conditions of Contract’ below, and you are aware that you are entering a binding contract – payment is required.

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of WAMO Creative Pty Ltd trading as Mustard Design & Digital, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.

By filling out this form, you as the company director and/or its representative, agree to the ‘Terms and Conditions of Contract’ and hereby commission ‘Mustard Design & Digital’ to perform duties outlined in the verbal/written brief as dated below. You also agree that these ‘Terms and Conditions of Contract’ will apply to any additional work/projects requested by you or a member of your company/organisation in form of an ongoing business working relationship until both parties determine otherwise.

Branding, Design & Print

1. General Terms of Contract:

1.1) These Terms and Conditions cover all work entered into by the Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, signage, images and photography (Artwork). This also applies to all contractors and subsidiaries.

1.2) These Terms and Conditions may change without notice.

2. Payment Terms of Contract:

2.1) The Company reserves the right to request a deposit from the Client prior to starting work on their project. The Company will request a 50% deposit for initial projects for non-existing clients and for all projects exceeding $1000.

2.2) By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.

2.3) The Company reserves the right not to proceed with these services or any other projects until payment has been received in full from the Client.

2.4) The Company will declare a project completed if no response is received from the Client within 30 days of providing a concept and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Debt Collection or legal action may also be taken by the Company to recover monies owed. The Company is entitled to charge the Client a further 10% of the final invoiced amount for the recovery processes.

2.5) Invoices are sent to the Client’s nominated email address. Invoices are due on receipt.

2.6) The Client’s project will not entered into our calendar until the deposit is received. If you delay in paying your deposit, other projects may take priority over yours. This rule applies to all projects, regardless of size or timeframe. Once the deposit is received, we will send you a receipt of the payment, then be in touch to gather information to start the project.

2.7) The Company reserves the right to charge additional costs if the Client requests amendments to the original Brief, or further Artwork is requested outside of the original quotation or after x3 rounds of Client changes. This will be billed at $95 per hour.

2.8) If the Client choose to cancel the project anytime after concepts have been submitted, a refund of any previous payment is not possible. The Company will determine the cost of Artwork and services provided to date and will invoice this amount minus any deposits paid on the project to date.

2.9) If the Company is required to work outside of normal business hours (8.30am – 5pm) Monday to Friday to complete/deliver a project to meet a specific deadline, an additional loading charge will incur. A priority fee may be incurred if the client requests an immediate project turnaround.

3. Proofing and Approval Terms of Contract:

3.1) 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. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. Whilst every effort has been made for accuracy, your approval to proceed constitutes acceptance of full responsibility for any errors and omissions within the Artwork. The Company will not accept liability for errors overlooked at the stage of final proofing.

3.2) We reserve the right to suspend or terminate any project if the Client interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after seeing more than a reasonable number of unique logo ideas/concepts. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of The Company

4. Ownership and Copyright Terms of Contract:

4.1) Ownership of copyright and Intellectual Property (IP) of final artwork – including, but not limited to; logos, symbols, compositions and copy – remains with The Company until final payment has been made, at which time ownership of copyright and IP will be transferred to the client. Use of these Artworks by the Client before payment is strictly prohibited unless authorised in writing by The Company. Ownership of draft concepts outside of the final approved artwork remains the property of The Company.

4.2) The Client is responsible for all trademark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials uses for this project. The Client indemnifies the Company against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the Client.

4.3) Artwork designed by the Company will remain the property of the Company until the account is paid in full. Upon full payment of the account, the Final Finished Art PDF will be transferred to the Client if requested.

4.5) Due to industry licensing fees and regulations, the Company remains the owner of all original design files created.

4.6) Fonts and images (provided by the Company) cannot be transferred to a Client without purchase.

4.7) The Company reserves the right to show any artwork, ideas or sketches created for this project in portfolio as examples of client work or for use in promotional materials. This can be during the project and also on completion.

5. Appointment:

5.1) Upon signing this agreement, The Client has agreed to appoint Mustard Digital & Design as the sole creative agency to provide graphic and digital design services, unless otherwise disclosed. During this appointment The Client is prohibited to engage the services or enter into a contract that is deemed to be a conflicting to that of The Company’s services and / or supplier relationships. The Client is also prohibited to enter or engage the services of a current or previous employee of Mustard Digital & Design during the appointment period. The appointment period can only be terminated by either party in writing.

Website Design & Development

1. General Terms of Contract:

1.1) These Terms and Conditions cover all work entered into by the Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, signage, images and photography (Artwork). This also applies to all contractors and subsidiaries.

1.2) These Terms and Conditions may change without notice.

2. Payment Terms of Contract:

2.1) The Company reserves the right to request a deposit from the Client prior to starting work on their project. The Company will request a 50% deposit for initial projects for non-existing clients and for all projects exceeding $1000.

2.2) By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company.

2.3) The Company reserves the right not to proceed with these services or any other projects until payment has been received in full from the Client.

2.4) The Company will declare a project completed if no response is received from the Client within 30 days of providing a concept and this Artwork will be determined as the final accepted Artwork. The Company will then invoice the Client for final payment of total project and non-payment will result in collection processes. Debt Collection or legal action may also be taken by the Company to recover monies owed. The Company is entitled to charge the Client a further 10% of the final invoiced amount for the recovery processes.

2.5) Invoices are sent to the Client’s nominated email address. Invoices are due on receipt.

2.6) The Client’s project will not entered into our calendar until the deposit is received. If you delay in paying your deposit, other projects may take priority over yours. This rule applies to all projects, regardless of size or timeframe. Once the deposit is received, we will send you a receipt of the payment, then be in touch to gather information to start the project.

2.7) The Company reserves the right to charge additional costs if the Client requests amendments to the original Brief, or further Artwork is requested outside of the original quotation or after x3 rounds of Client changes. This will be billed at $95 per hour.

2.8) If the Client choose to cancel the project anytime after concepts have been submitted, a refund of any previous payment is not possible. The Company will determine the cost of Artwork and services provided to date and will invoice this amount minus any deposits paid on the project to date.

2.9) If the Company is required to work outside of normal business hours (8.30am – 5pm) Monday to Friday to complete/deliver a project to meet a specific deadline, an additional loading charge will incur. A priority fee may be incurred if the client requests an immediate project turnaround.

3. Proofing and Approval Terms of Contract:

3.1) 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. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required. Whilst every effort has been made for accuracy, your approval to proceed constitutes acceptance of full responsibility for any errors and omissions within the Artwork. The Company will not accept liability for errors overlooked at the stage of final proofing.

3.2) We reserve the right to suspend or terminate any project if the Client interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after seeing more than a reasonable number of unique logo ideas/concepts. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of The Company

4. Ownership and Copyright Terms of Contract:

4.1) Ownership of copyright and Intellectual Property (IP) of final artwork – including, but not limited to; logos, symbols, compositions and copy – remains with The Company until final payment has been made, at which time ownership of copyright and IP will be transferred to the client. Use of these Artworks by the Client before payment is strictly prohibited unless authorised in writing by The Company. Ownership of draft concepts outside of the final approved artwork remains the property of The Company.

4.2) The Client is responsible for all trademark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials uses for this project. The Client indemnifies the Company against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the Client.

4.3) Artwork designed by the Company will remain the property of the Company until the account is paid in full. Upon full payment of the account, the Final Finished Art PDF will be transferred to the Client if requested.

4.5) Due to industry licensing fees and regulations, the Company remains the owner of all original design files created.

4.6) Fonts and images (provided by the Company) cannot be transferred to a Client without purchase.

4.7) The Company reserves the right to show any artwork, ideas or sketches created for this project in portfolio as examples of client work or for use in promotional materials. This can be during the project and also on completion.

5. Website Hosting Service

5.1) We will perform scheduled maintenance to servers from time to time. Wherever possible we will attempt to perform all scheduled maintenance at times which will minimise disruption to customers.

5.2) Unscheduled maintenance may need to be performed. Where the Hosting Service becomes unavailable due to unscheduled maintenance or other problems, we will endeavour to restore services as quickly as possible.

5.3) We will attempt to archive your data onto backup mechanisms on a regular basis for the purposes of disaster recover. In the event of equipment failure or data corruption, we will restore from the last known good archive. If our archives are corrupted or unusable you should be prepared to upload your website and data if required.

5.4) We may suspend your website if you have outstanding payments against your hosting service.

5.5) The Company does not offer email hosting. However, we can put you in touch with some recommended IT companies for this service.

6. Supplying Web Content

6.1) All content must be provided to The Company at the required milestones. Once content has been supplied it can NOT be updated until the website is completed.

7. Limitation of Liability, Website Downtime & Disclaimer

7.1) In no event shall the Company’s Designers, Directors, Employees and Contractors be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by the Company.

7.2) The Client indemnifies the Company against any loss or damage arising directly or indirectly from any failure of services provided by the Registrar who manages the Client’s website hosting and domain names.

7.3 The Company make no warranties of any kind, whether express or implied, for the services it provides. We also disclaim any warranty of merchantability or fitness for a particular purpose.

8. Data, Security and Ongoing Management

8.1) Ongoing Management is defined as the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches is not included in this agreement and will require an additional agreement.

8.2) If the Client does not proceed with an additional or Ongoing Management agreement, the Client is responsible for Ongoing Management of the website and indemnifies the Company against any loss or damage arising directly or indirectly from website downtime or security breaches.

9. Search Engine Optimisation (SEO)

9.1) A preliminary level of SEO configurations will be performed that include page titles, meta descriptions and alt image tags.

10. Client Responsibilities

10.1) If the Client or their agent or contractor employed by the Client other than the Company attempts to update, edit or alter the site’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed as an additional cost at our professional hourly rate.

10.2) In no event shall the Company be liable for any lost data or content, lost profits or business interruption caused by additional changes made to the site from what has been supplied.

11. Domain Names

11.1) Registration of domain names is performed by us on your behalf. We will in no way guarantee that a particular domain name can be registered by you.

11.2) The Client must enter into a Registration Agreement with the appropriate Registrar in accordance with the relevant rules of that Registrar.

12. Testing and Approval of the Website

12.1) If the Client determines that the website does not comply with the agreed project components, the Company agrees to carry out any necessary and reasonable modifications without extra charge.

12.2) If the Client agrees that the website is satisfactory and approved either verbally or in writing the Company has permission to publish the site once full payment has been received.

13. Appointment

13.1) Upon signing this agreement, The Client has agreed to appoint Mustard Digital & Design as the sole creative agency to provide graphic and digital design services, unless otherwise disclosed. During this appointment The Client is prohibited to engage the services or enter into a contract that is deemed to be a conflicting to that of The Company’s services and / or supplier relationships. The Client is also prohibited to enter or engage the services of a current or previous employee of Mustard Digital & Design during the appointment period. The appointment period can only be terminated by either party in writing.

Retainers

1. Payment

Client agrees to commit to the selected retainer.

2. Hourly Pay Basis

Initial hours will be applied against deposit until expended. Subsequently, Client will be billed on a weekly basis for each prior week’s hours. Payments are due upon receipt. Payments rendered are considered fully earned and non-refundable.

3. Retainers

Monthly retainers provide ongoing support at a discounted rate up to the number of hours set forth in this Agreement. Retainer fees are required in full in advance of services; payment is due on or before 1st of each month. If payment is not received by the 1st, full standard hourly rates will apply for any work performed during that month, and monies received will be applied accordingly. Services rendered beyond the retained number of hours will be billed at the full hourly rate with payment due upon receipt. Hours are billed in 15 (fifteen) minute increments. Payments rendered are considered fully earned and non refundable. Unused hours are not carried over; it is incumbent upon the Client to utilize their retained hours each month.

4. Additional Work

Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by the Company that do not fall within the scope of this Agreement will be billed separately at the full standard hourly rate according to service category with payment due upon receipt.

5. Service Categories

There is a per-hour minimum for all services. Hourly rates are billed in 15 (fifteen) minute increments. Client understands that hourly rates are subject to change without notice at the discretion of Service Provider.

6. Client Responsibilities

Client understands that Service Provider is not an employee, and that this will be a collaborative, professional relationship of equals where mutual professional respect, courtesy and consideration are expected. Due to the virtual nature of the relationship, Client understands the importance of communication, especially via email, and agrees to respond to questions, requests and communications from the Company in a timely manner. Client understands that the Company is a business with other clients to serve, and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunications on the part of the Client will not constitute an emergency for Service Provider. Client understands that Service Provider may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.

7. Office Hours & Communication

Office hours are Monday through Friday 8:30 am to 5:00pm (AEST). Email is to be the primary form of communication between Client and the Company. The Company is available for phone calls during office hours only. Occasional calls of only a few minutes in duration are not typically billed to Client. However, the time of both parties must be respected, and calls lasting over 15 minutes will be billed to Client. Telephone meetings must be prescheduled. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed to Client.

8. Materials & Information.

Client will provide all content, outlines, photos, project images, etc., necessary for any special projects. Source material must be clear and legible. Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful and complete information necessary for The Company to perform or complete the agreed services or project.

9. Expenses

Expenses incurred on behalf of Client are not included in any fees and will be billed to Client. Service Provider is entitled to reimbursement for all reasonable and necessary expenses incurred in providing the Services. The Company must pre-pay all expenses/all expenses over $100.00 (one hundred dollars). Service Provider must include proof and receipts for all reimbursable expenses.

10. Accuracy

Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. The Company is not responsible for errors or omissions.

11. Accuracy of Information.

Client agrees that the accuracy of information supplied to the Company is the sole responsibility of Client, and that the Company is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information furnished by Client.

12. Indemnification/Release of Liability

Client shall indemnify, defend and save the Company harmless from any and all suits, costs, damages or proceedings, including, but not limited to, the Company’s services, pertaining to any and all litigation in which the Client is a party. Client shall pay all expenses incurred by Service Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should the Company be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless the Company and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to the Client. This agreement to indemnify the Company is not limited to any acts or omissions, statements or representations made by the Company in the performance and/or nonperformance of the Company’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against the Company. All reasonable precautions will be taken to safeguard the property entrusted to the Company. In the absence of negligence, however, the Company will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. The Company will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. the Company will not be held liable for typographical omissions or errors.

13. Termination.

Retainers may be terminated by either party for any reason with 10 (ten) days advance written notice of intent to cancel. Retainer fees are due in full for the intended month of cancellation if proper notice is not provided.

14. Expiration & Modification.

This Agreement shall remain in effect until such time as one or the other Party provides written notice of cancellation. This Agreement may be modified or amended as necessary after negotiations initiated by either Party. If agreement is reached, only a written instrument signed by both Parties will modify or amend this Agreement.

15. Additional Provisions

This Agreement shall be governed by and construed according to the laws of the State of Queensand, and shall not be construed against the drafter. The parties agree that any suit or action relating to this Agreement shall be instituted and commenced exclusively in the federal or state courts in City, State, and the parties hereby waive the right to change such venue and hereby consent to the jurisdiction of such courts. Any liability on the part of Service Provider as determined by a court of law will be limited to an amount not to exceed one month’s retainer. If the Company must bring suit or other action to collect on unpaid invoices or seek remedy of any other breach of contract, Service Provider shall be entitled to an award of costs, reasonable attorney’s fees and interest at the maximum rate permitted by law in addition to any other relief awarded.

The terms and conditions of this Agreement may be modified or amended as necessary only by written instrument signed by both parties. By signing this Retainer Agreement, I indicate that I understand, agree to and accept the terms and conditions as contained herein.

The big sign off

Approval of T&Cs