Moon Cube Design Terms and Conditions
The following terms and conditions document is a binding legal agreement between “Moon Cube Design”, and the “Client” for purposes of website design, graphic design, sound design, video post-production and motion graphics.
1. Payments
Moon Cube Design requires full amount of job paid or a deposit before jobs will commence. Upon payment being received, the Client must accept Moon Cube Design’s Terms and Conditions by the signing of the agreement. This full payment or deposit is non-refundable. If the Client cancels during the job process, the Client will be charged for the amount of work completed on the project in addition to the deposit paid.
Once the deposit has been received, remaining of total costs will be paid to Moon Cube Design as progress payments. All payments must be paid by the due dates stated on the invoice.
Once the final invoice has been issued and paid or the job is deemed complete, the Client will be given 3 days of free minor adjustments to their work to ensure the final outcome is perfect. After this period is over the Client will then be charged current hourly rate for all future work completed.
Work completed on an hourly basis will be invoiced fortnightly or as advanced payment blocks. Advanced payment blocks can only be used for purposes of website design, graphic design, sound design, video post-production and motion graphics and cannot be exchanged for other services or refunded for unused hours. All payments must be paid by the due dates stated on the invoice. The standard payment due date is 7 days from the invoice issue date.
To request a payment extension, the Client must reply to the email containing the invoice prior to the payment due date specifying which date the payment will be made. A late fee of $37.50 will occur if there is no communication between the Client and Moon Cube Design regarding a payment due date extension. The late fee will increase by $7.50 each day after the payment due date until the payment has been made.
2. Job Specifications
The Client is required to provide detailed information to give Moon Cube Design a clear specification of what the Client wants. Inclusively, all files such as: logos, word documents containing web content, images, photographs, video files, audio files, must be delivered along with the initial deposit.
3. Job Timeline
All files required from the Client to start the job must be submitted to Moon Cube Design within 7 days of deposit being received. A second request will be made by Moon Cube Design. If the second request is not fulfilled within 7 days, the job may be cancelled and the initial non refundable deposit will be retained as the cancellation fee.
Any further information required from the Client for the job to progress, must be submitted to Moon Cube Design within 14 days of request. In this circumstance, a second request will be made by Moon Cube Design. If the second request is not complied with within 7 days, the job will be deemed complete and a final invoice will be issued.
4. Photographs, Images, Text Content & Printing
You should supply photographs and images in a high resolution digital format. If you would like us to seek out and purchase photographs and images for you, we can provide a separate estimate for that.
Moon Cube Design does not check any text content for spelling or grammar errors. The Client should check all text content for spelling and grammar errors before supplying to Moon Cube Design.
The Client is responsible to check all designs for typographical errors, spelling mistakes, or incorrect information before sending files for print. The Client should request files are draft printed and/or supplied with a proof to ensure they are fully satisfied with the finished product before printing commences. Colours may vary from screen to print and some images if lower resolution may not print sharply. Moon Cube Design will take care to follow correct printing guidelines though is not responsible for any printing errors not within their control.
5. Desktop, Mobile/Tablet browser testing
Moon Cube Design will test functionality of all work in current versions of major desktop browsers including Safari, Chrome, and Firefox. Moon Cube Design tests all Mobile/Tablet work in: iOS Safari. All android testing can be made by correspondence when requested.
6. Domain and Hosting
Moon Cube Design can set up hosting for an additional annual fee on top of the total cost. The annual fee is required to be paid on the due dates provided to keep the site live. Email hosting and/or cPanel access is not included in pricing and can be quoted separately upon request. Domain names vary in price and a price can be quoted.
When Moon Cube Design is notified that a domain name and/or hosting services renewal is not required they will expire. Upon request you will receive your website and database via dropsend (any large packages will be sent via post on usb for an additional fee).
7. Pricing
All prices on Moon Cube Design’s website are provided as a guide. Prices are subject to change and will vary as each job is different. A quote will be provided to the Client before the job commences.
Upon completion of the job, if the Client requires significant changes or further work on the job, Moon Cube Design and the Client will then agree in writing on any additional cost, or in the case of the invoice already being paid, will create an additional invoice with a new additional fee.
All prices are based on Moon Cube Design completing all agreed work solely within their own studio corresponding with client via email. If you require to work in person with Moon Cube Design this can be arranged and Moon Cube Design will create an additional invoice with a new additional fee. Out of studio meetings with the client can be arranged and Moon Cube Design will create an additional invoice with a new additional fee. Moon Cube Design requires 24 hours notice for any appointment cancellations or a cancellation fee will occur.
8. Code of Conduct
Moon Cube Design will make every reasonable effort to provide a high quality service delivered with a friendly and professional manner. In no circumstance will Moon Cube Design tolerate or accept unfriendly or unprofressional behaviour. If Moon Cube Design considers or feels that the Client’s behaviour is unnaceptable, the job will be cancelled and the non refundable deposit will act as a cancellation fee.
9. Cancellation of Services
Moon Cube Design reserves the right to remove websites from their server if an account is overdue. A reminder will be issued to the Client. If the account remains unpaid after 7 days of reminder, the website may be removed from the server without further notice to the client. If after following a further 7 days the account is still unpaid, all files, the copyright on all original material created will continue to belong to Moon Cube Design and we may utilise the material in any way Moon Cube Design deems reasonable.
10. Ongoing Website Maintenance
Moon Cube Design will monitor website updates which are necessary for the Clients website to comply with, including but not limited to, new legislations, software releases and web standards.
11. Copyright & Granting of Rights
All pages, images, text and code on Moon Cube Design’s web site is copyrighted material.
Copyright and ownership of the completed web designs, images, pages, code and source files created is retained by Moon Cube Design. With a prior written agreement, copyright and ownership may be transferred to the Client.
These terms and conditions of use grant a non-exclusive limited license so that the Client can use the design on the agreed platform only. The Client is not permitted to use, resell or distribute a design, or completed files across more than one platform without prior written agreement between the Client and Moon Cube Design.
Copyright and ownership of the completed logo designs will be transferred over to the client upon completion of the project. The client is free to change, modify and adapt the logo design as they see fit, but do so at their own risk.
The Client hereby agrees that all media and content made available to Moon Cube Design for use in the project are either owned by the Client or used with full permission of the original authors.
The Client hereby agrees that all online services and intellectual property made available to Moon Cube Design, including but not limited to, web hosting, domain names, business names, trade marks, designs and branding for use in the project are either owned by the Client or used with full permission of the original owners or authors.
The Client agrees that Moon Cube Design may include development credits and links within a website footer, video credits, code or other material when appropriate in any jobs Moon Cube Design designs, builds or amends.
The Client agrees that Moon Cube Design reserves the right to include any work done for the Client in a portfolio of work.
12. Liability and Warranty Disclaimer
Moon Cube Design endeavours to provide its services within given delivery timeframes to the best of its ability. However, the Client agrees that Moon Cube Design is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.
On handover of files from Moon Cube Design to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Should the Client go into bankruptcy or compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Moon Cube Design reserves the right to cancel forthwith any projects and invoice Client for any work completed. Moon Cube Design shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Moon Cube Design has been advised of the possibility of such damages. There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, abbrogate and defend Moon Cube Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
13. Interpretation
Moon Cube Design reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Moon Cube Design shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such circumstances.
This agreement shall be governed by the laws of the state of QLD which shall claim venue and jurisdiction for any legal motion action or claim arising from this agreement. This agreement is void or severable in accordance with the terms of this agreement where prohibited by law.
Where one or more terms of this agreement are held to be void or unenforceable for whatever reason, any other terms of the agreement are severable and will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by Australian Law and are under exclusive jurisdiction of the courts of QLD.
If the Client breaches these terms and conditions in any way, Moon Cube Design may take such action as Moon Cube Design deems appropriate to deal with the breach.
Moon Cube Design reserves the right to alter these Terms and Conditions at any time without prior notice.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understood, and accepted the Terms and Conditions of this agreement, and agrees to be legally binded by these Terms and Conditions.