Terms of Trade
Last updated: February 1, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.magicfingers.co.nz website and design services (the “Service”) as operated by Natalie White at Magic Fingers Graphics Ltd (“us”, “we”, or “our”).
Your access and use of the Service is conditioned on your acceptance and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By contracting Magic Fingers Graphics Ltd for work, you agree that you have read the terms and conditions.
The Service and its original content, features and functionality are and will remain the exclusive property of Magic Fingers Graphics Ltd and licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Magic Fingers Graphics Ltd. Where Magic Fingers Graphics Ltd creates any product, system, website or graphic, the intellectual property rights for that product, system, website or graphic, remain the property of Magic Fingers Graphics Ltd unless express permission and agreed in writing that the rights should pass to the Client. All work completed by Magic Fingers Graphics Ltd is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without authority from Magic Fingers Graphics Ltd.
Links To third-party websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Magic Fingers Graphics Ltd. We have no control over, and assumes no responsibility for, the content, privacy policies, terms or practices of any third party web sites or services. You further acknowledge and agree that Magic Fingers Graphics Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation Of Liability
In no event shall Magic Fingers Graphics Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Magic Fingers Graphics Ltd, its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. If you have any questions about these Terms, please contact us.
Unless otherwise stated, quotations remain available for acceptance for 30 days from the date of the quote, after which a revised quotation may be required. All quotations are exclusive of GST, and GST will be added on for invoicing, unless otherwise specified. All quotations are based on the terms, conditions and specifications in the quotation, and cover all work and materials required to complete the project. Any variation or alteration to the specifications, copy and/or layout by the Client, increase in material costs, or delivery schedule will make the quotation subject to amendment.
Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
(a) coordination of any decision-making with parties other than Magic Fingers Graphics Ltd;
(b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and
(c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.
(d) on-time payment of all accounts.
A deposit of 50% is required before commencing any design or website-based project, unless otherwise arranged in writing and prior to the agreement of services. Payment is payable by direct credit via Internet banking. Bank account details for payments are on the invoice.
Final Files or Website "Go-Live"
Payment for any design or web job must be completed in full before design files are handed over and/or web design projects go live. An invoice will be issued prior to this process.
Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.
Proof Approval and Artwork Sign Off
Magic Fingers Graphics Ltd is not liable for errors in the finished work where a proof has been submitted to and approved by the Client.
Termination of Contract
Where a contract is cancelled by the Client, all work properly done by the supplier (Magic Fingers Graphics Ltd) will be paid for by the Client. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing.
Electronic Images and/or Files
It is the Clients' responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise Client supplied files or images will be charged.
There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.
Illegal or Libellous Material
The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the Client in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or design.
Additional Client Responsibilities
1. Documentation of the Project /Accreditation/ Promotions
All projects are treated with confidentiality, however when completed, a project or it's elements may be used for promotional purposes or recognition. Natalie White and Magic Fingers Graphics Ltd retains the right to document, photograph, reproduce, publish and display the Deliverables (all completed designs or installations) in Natalie White or Magic Fingers Graphics Ltd's portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement or promotional purposes and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
If the Client requests that Deliverables are not to be publicised, shared online or used for purposes as outlined above, it is the Client's responsibility to ensure this is well communicated in writing prior to accepting a project proposal.
2. The Client acknowledges that Client shall be responsible for performing the following in a reasonable and timely manner:
(a) Communication of administrative or operational decisions if they affect the design or production of Deliverables, and coordination of required public approvals and meetings;
(b) Provision of accurate and complete information and materials requested by Magic Fingers Graphics Ltd such as, by way of example, content, branding, guidelines, colour guidelines and other inclusions in the finished art.
(c) Final proofreading and approval of all project documents including, by way of example, not limitation, artwork, message schedules and design drawings before their release for printing or development. In the event that Client has approved work containing errors or omissions, such as, by way of example, not limitation, typographic errors or misspellings, Client shall incur the cost of correcting such errors.