1.1 – PROJECT DETAILS
Ministry of Design® will complete the work as outlined in ‘Scope of Work’ or 'Quote'
1.2 – Offer Duration
The details, policies and pricing contained in quote and proposal offers are valid for 30 days from date supplied.
1.3 – Technical Specifications
If the project includes HTML mark-up and CSS templates, we will develop these using the latest HTML and CSS for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our mark-up and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 6 or depreciated browsers, this means a universal, typographically focussed design but no layout. We will also test that designs perform well on Tablet and Mobile devices.
1.4 – Designer Tools
If any code that is proprietary to Ministry of Design® is necessary to develop, run, display or use the ﬁnal deliverables, then Ministry of Design® retains ownership of said code, while granting a non-exclusive access license for the Client to use it.
1.5 – Content & Expenses
Unless otherwise specified, the Client will provide all content, copy & information. If copywriting & content services are required additional fees shall be due. The Client shall reimburse Ministry of Design® for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance Ministry of Design® for payment of said expenses, including but not limited to Stock Photography, Artwork, other Services and/or material needed for the project.
1.6 – Revisions, Alterations & Changes
The design phase of the project shall include two (2) revisions where the Client can make any requested updates without additional fees, unless otherwise stated in the Scope of Work. An update is considered an alteration of the existing design or content, not an entire change. Any changes that amount to a revision near excess of 30% of the project work are not considered a revision, but an addition. The Client must assume that all additions, alterations, changes in content, layout, additional features or process changes after a phase approval requested by the customer will alter the time and cost either by hourly rate. The Client shall offer Ministry of Design® the first opportunity to make any changes.
1.7 – Client / Ministry of Design® Responsibilities
When the Client engages Ministry of Design® on this project, the Client recognises Ministry of Design® and it’s team or agents are not considered an employee of the Client. Work will be done as a business service, operate on Ministry of Design®'s schedule and take place at Ministry of Design® location(s).
1.8 – Payment Terms
All invoices are payable within 7 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 60 and 90 days from the date of original invoice. Payment can be made via EFT transfers or Credit Card. The grant of any license or right of copyright is conditioned on receipt of full payment.
1.9 – Late Payment
The Client shall assume responsibility for cost outlays by Ministry of Design® in all collections of unpaid fees and of legal fees necessitated by default in payment. Prior to the collections process the Credit Card on file supplied by the Client may be used as a backup payment option. Invoices in default will include but are not limited to fees for collection and legal costs, and may be automatically sent to credit reporting agencies, and forwarded to Ministry of Design®'s collections agency.
1.10 – Warranties
Ministry of Design® warrants and represents that, to the best of their knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that Ministry of Design® has full authority to make this agreement; and that the work prepared by Ministry of Design® does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Ministry of Design® product that may infringe on the rights of others. Client expressly agrees that it will hold Ministry of Design® harmless for all liability caused by the Client’s use of Ministry of Design® products to the extent such use infringes on the rights of others.
1.11 – Estimates
The fees and expenses shown are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $180 per hour and Ministry of Design® shall keep the Client apprised of a tally of hours within a reasonable period of time where possible. Final fees and expenses shall be shown when invoice is rendered. The fees and expenses shown are minimum estimates only unless the quote and/or invoice is clearly marked Firm Quote, otherwise the below stated hourly fee will be payable on all time over that which was quoted with a minimum in 30 minute increments.
1.12 - Confidentiality
During the course of working on the project Ministry of Design® or the Client may be exposed to private information of the other party. By signing this contact both Ministry of Design® and the Client agree that they will not make public any confidential information pertaining to either business. They also acknowledge that they will keep any business information confidential.
1.13 – Force Majeure
In the event of an incident that cannot be reasonably anticipated or controlled such as but no limited to a war, labour strike, power loss, fire natural disaster, extreme weather or earthquake; it may delay or terminate the project without liability on Ministry of Design®.
1.14 – Cancellations
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Ministry of Design®, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the Client or not. If the project is on an hourly basis and the project is cancelled by the Client, the Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee of $500 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
1.15 – Ownership and return of work
Ministry of Design® retains ownership of all original artwork created by us, until such a time when complete and final payments have been made by the Client. All submitted artwork from the Client is assumed copyrighted material and will remain ownership of the Client.
1.16 – Promotional Rights & Credit
Ministry of Design® retains the rights to use the project, Client’s name and any non-confidential information for the purposes of promoting Ministry of Design® company or work on their website, marketing, sales, design competitions or in any format used for promotions. Ministry of Design® and any other creators shall receive a credit line with any editorial usage. Ministry of Design® requires the display of their logo visibly on any website product as credit to the design and/or development of the site.
1.17 – Releases
The Client shall indemnify Ministry of Design® against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
1.18 – Modifications
Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
1.19 – Limitation of Liability
Client agrees that it shall not hold Ministry of Design®, their agents, employees, contractors or sub-contractors liable for any incidental or consequential damages that arise from Ministry of Design® failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Ministry of Design® or Client, any Client representatives or employees, or a third party.
1.20 – Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the state of New South Wales, Australia. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of Ministry of Design®. All actions, whether brought by Client or by Ministry of Design® will be filed in the New South Wales, Australia.
1.21 – Acceptance of Terms
The engagement of Ministry of Design® for the project shall evidence acceptance of these terms.