Terms & Conditions
Unless otherwise agreed upon no working files will be supplied at the completion of your project. Working files include: Layered Photoshop files, Indesign files, Illustrator files Corel Draw files or Typefaces.
The quotation has the following risks:
* The budget and time frame for delivery will be increased due to unforeseen work such as but not limited to:
Additional content editing after delivery ,Additional design work requested by the client ,Client requests for changes to the specified requirements ,Additional unforeseen work, project management, consultation or support on a project, necessary to complete the job; such as but not limited to: content changes; image correction; logo correction; issues with website hosting; domain related issues; mailbox setup or email issues; testing; sign-offs; Pre-press proofing and document checks; Packaging files for supply , All additional account project management or administration such as but not limited to: client consultation, meetings, phone calls, emails, account or billing enquiries or requests.
* The timeline for delivery of the project will be pushed back due to client missing delivery and approval dates
* WEBSITES: Any issues arising from a client’s third party application, software, database or platform falls outside of the scope of our quotation, such as but not limited to: Risks include unforeseen connectivity or website functionality. Additionally, any requested changes to the functionality of a third party application, software, database or platform may not be possible. Any costs incurred during development work, maintenance or support will be charged at a per hourly rate. * Any support provided by phone, email or in person will be charged at our per hourly rate.
Design Service Requests by the client for follow up assistance or service after project completion— such as but not limited to: additional design; additional files/formats or artwork modifications; project administration — will incur a fee. We will provide a quote at the client’s request. Client requests for file supply etc may incur a service fee. General inquiries may be dealt with at no cost, however should in-depth examination or research which may incur costs be required the client will be advised and approval requested to proceed.
Website maintenance & support requested after delivery — such as but not limited to: content entry; additional design; site changes; content management questions; web development; general website support; project account management; mailbox support; hosting or server-side support; SEO; image optimisation; print and other applications — will incur a fee. We will provide a quote at the client’s request. Client requests for file supply etc may incur a service fee. General inquiries may be dealt with at no cost, however, should in-depth examination or research be required which may incur costs the client will be advised and approval requested to proceed.
If a site is compromised We will notify the client and the hosting company as soon as we become aware of the issue. Clients can choose to engage with us at a per hourly rate to clean and monitor a site after a breach. * Alternatively we recommend clients can choose to engage a third party specialist to undertake this process, any administration or support requests from the client or the third party specialist will be charged at a per hourly rate as per our support services
Terms of payment to be made as follows: client to follow quote payment terms in regards to whether or not full payment/ deposit is needed to proceed with the job, printing; website development completion; or delivery of digital material. Sites will not be supplied, transferred to host or published live until full payment is received.
If after 7 working days the Invoice has not been settled, interest shall apply at the rate of 24% p.a ( 2% each Month ) on any outstanding balance. Annual fees for; software, system licensing, hosting, support, training packages are to be paid in advance and are non-refundable or transferable. The client shall pay the contract price for the work to be performed to Mexican Donut Designs and Branding, All payments are non-refundable and required even if deliverables are not used by the client.
The client shall provide Mexican Donut Designs and Branding with such information and particulars of the client’s requirements as Mexican Donut Designs and Branding may reasonably require i.e. delivery of content on time, late delivery will push the deadline for the delivery date the equivalent number of days that the information is late.
Any variations to the work required by the client will be subject to written confirmation by both parties and may be subject to a variation of the fees payable. Additional work requested by the client, not in the original scope of the contract may be subject to additional fees .
Re-evaluation of estimate
Upon client engagement, Mexican Donut Designs and Branding reserves the right to re-evaluate the estimate upon receipt of all project content specifications.
For every day the client delays approval of each stage, Mexican Donut Designs and Branding may extend the delivery date for the deadline.
In addition to the contract price to be paid by the client Mexican Donut Designs and Branding shall be entitled to be reimbursed for all reasonable out-of-pocket expenses; including; software licenses or subscriptions, image purchases, typeface purchases, travelling, photocopying, phone calls, photography, printing, accommodation and the like; details of such out-of-pocket expenses to be furnished to the Client by Mexican Donut Designs and Branding
All Designs, Material, Artwork, Files etc are the Property of Mexican Donut Designs and Branding unless otherwise stated.
Neither party to this agreement shall disclose any information relating to this agreement or to the design work conceived and provided
Mexican Donut Designs and Branding does not provide in-house website hosting for client sites. We require the Services of a 3rd Party.
You will be responsible for all charges incurred in relation to your Space and any misuse of the Space. This liability applies whether it was you, a person authorised by you or an unauthorised person using your Space. You are not permitted to transfer or resell your rights to use the service, any parts of your space or any other rights conferred on you by this Agreement.
Ownership – Websites
You own the content, images, text and user inputted data in your Mexican Donut Designs and Branding site. Nothing in this agreement assigns to you any copyright ownership or intellectual property rights in the provided website system, code, open source code, templates, database structures, administration interface or system documentation
Exclusion of Liability – for Online Media
Mexican Donut Designs and Branding does not accept, and excludes fully as it is legally able to do so, all responsibility and liability for information accessed through your Website. Any liability of Mexican Donut Designs and Branding will be limited to an amount equal to the estimated costing. You accept all responsibility and liability for information accessed through your website. You understand that the service and the Internet may not be secure or confidential and that your information may be intercepted, read, or interfered with by an unauthorised person. You are responsible for the selection and use of any security features in relation to internet transmissions. Mexican Donut Designs and Branding is not responsible for any disclosure of confidential information occurring through the service. You acknowledge that there is potential risk of damage to your software, hardware or stored information through computer malfunctions, viruses or worms, to which your computer may be exposed through provision of the service. Mexican Donut Designs and Branding is not responsible for any damage suffered as a result of exposure to these or other potential dangers. You are responsible for maintaining back-up copies of stored information. You are responsible for the initiation and maintenance of any security features, software or procedures to minimise these types of risks. Except where this Agreement states otherwise, Mexican Donut Designs and Branding excludes all warranties (whether express, implied or statutory) relating in any way to the service to the fullest extent it is legally able to do so. Mexican Donut Designs and Branding liability for breach of any warranty implied into this agreement by statute, which cannot be excluded, is limited to the supply of the service again or, at Mexican Donut Designs and Branding option, to payment of the costs of having the service supplied again.
You warrant the name and address and other identification details you provide to Mexican Donut Designs and Branding are correct. You must notify Mexican Donut Designs and Branding if any of these details change. You authorise Mexican Donut Designs and Branding to provide your name, address and other information identifying you to any person or government or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of Mexican Donut Designs and Branding , disclosure is necessary to protect Mexican Donut Designs and Branding against any actual or potential claim by another person which may, in the reasonable opinion of Mexican Donut Designs and Branding , cause loss or damage to Mexican Donut Designs and Branding .
You acknowledge that you will be liable for any damage caused by any breach of this Agreement by you or anyone else using your Website. You indemnify Mexican Donut Designs and Branding against any claims by any other party arising out of your actions or the actions of someone using your Website. This indemnity includes, without limitation, claims because of the transmission or propagation of any illegal, fraudulent or offensive material by you or another person using your account. The indemnity also includes claims because of any use of the service or action, which infringes the copyright, or other intellectual property rights of any other party.