Terms of Trade.

By contracting M² Creative for design work, you agree that you have read the following Terms and Conditions. Any changes to Terms and Conditions must be received by M² Creative in writing 14 days prior to work and must be signed by both parties.

Payment

Tax invoices will be issued immediately after the completion of Work and are payable within 7 days for large pieces of Work that require a deposit or 30 days for hourly Work.

M² Creative reserves the right to request a 50% deposit before commencing large pieces of Work, or Work for new Clients. In this case, 50% of the project cost is to be paid before M² Creative commences the Work and 50% is to be paid before the website goes live, or work is handed over to the Client.

Overdue Payment

If the payment is more than 10 days overdue, M² Creative may charge the Client 15% of the invoice amount at that date, and then each outstanding month. The Client will be invoiced separately for these if applicable. For invoices pertaining to websites or web hosting, the relevant website may be taken down until payment is made.

Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection. The Client is liable for any collection fees.

The costs of debt collection are payable by the Client. The Client agrees to reimburse M² Creative for all costs reasonably incurred by M² Creative in recovering payments due from the Client including but limited to legal costs assessed on a solicitor and client basis.

Additional Charges

Additional charges may apply to the Client for changes outside original scope of Work as quoted, including but not limited to: text changes, image changes, data entry, revisions additional to the specified amount on the quote or photography searches.

Additional charges may apply to any additional translating, editing or programming needed to utilise M² Creative supplied files or images.

Payment Methods

Payment is payable by bank transfer for NZ Clients, or PayPal for International Clients (on request only). Payment details are on the tax invoice.

Rights

Upon completion and handover of the Work, M² Creative assigns the Client all rights to the Work produced under this agreement, except that M² Creative retains display rights for the Work, for use in portfolios and other self-promotion channels (not applicable when completed as a contractor for another company). The Client immediately surrenders the rights use any Work that has not been paid for.

Client’s Property and Materials

Branding files will be supplied as PNG’s and PDF’s. Print files will be supplied as PDF’s. When a client wants an editable print file, charges may apply. Images purchased on behalf of the Client can be supplied to the Client.

Quotes

Unless otherwise stated, quotations remain available for acceptance for 7 days from the date of the quote, after which a revised quotation may be required. All quotations are exclusive of GST unless stated. All quotations are based on the conditions and specifications in the quotation, and covers all Work and materials required to complete the Work. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.

For graphic design projects, the estimate or quotation will only include the design aspect and will not include printing costs unless specifically requested.

Proof Approval

M² Creative is not liable for errors in the finished work where a proof has been submitted to and approved by the Client.

Termination of Work

Where partially completed Work is cancelled by the Client, all work properly done by M² Creative will be paid for by the Client.

Loss of Files by Client

It is the Clients responsibility to retain a copy of any Work supplied. M² Creative is not responsible for loss or accidental damage by the Client to any Work supplied.

Complaints

Complaints regarding finished goods must be received by the M² Creative within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.

Supplier’s Liability

M² Creative will not be liable for any indirect or consequential loss to the Client arising from third party claims occasioned by errors in the work or by delay in delivery. No warranty is given or responsibility accepted by the M² Creative to ensure that goods produced comply with the requirements of any legislation relating to the marking and/or labelling, and/or packaging of goods. Compliance with any such legislation is the Clients responsibility. No guarantee is given that the goods supplied to the Client are fit for any purpose not made known to the M² Creative. The M² Creative shall not be responsible for any delay, default, loss or damage due to any industrial disputes, accidents, acts of God, equipment failure or mischievous damage or other cause beyond the M² Creative’s control.