Terms of Trade
Last updated: February 26, 2020
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 ("the supplier", “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 Services.
By contracting Magic Fingers Graphics Ltd for work, paying a deposit or agreeing in writing, 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 21 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.
Cancellation of Draft or Quoted projects
Any work (websites or design projects) pre-planned or drafted in the quoting & proposal stages may be subject to payment in full if the Client decides to cancel a project after first committing in writing. An agreed amount will be decided upon at the time of cancellation and must be paid within 7 days to close a project, whether it is in quote or draft stage, or partially built.
Discovery calls, proposal documents and any pre-project discussions are private, confidential and purely for the purposes of project scoping and may not be utilised unless in a working arrangement with Magic Fingers Graphics. Any content, ideas or discussion points used outside of work with Magic Fingers Graphics Ltd is in breach of these terms and includes any cancelled projects.
Any projects cancelled by the client after a deposit has been paid, will not be due a refund.
All logo packages are as stated in the proposal/quote and consist of concepts (dependant on package choice), ONE final concept outcome of logo/brand design and brand guide and/or logo files, unless otherwise stated in the beginning of the project proposal. Any additional concepts or further revisions outside of proposal/quote will incur additional costs as project goes on or prior to completion.
All web packages are as stated in the proposal/quote and consist of elements as outlined - this is but not limited to: number of pages, number of revisions to said pages and if an e-commerce store, placement of up to 20 products before training given over to client for completion of store items. Text content, photographs, terms & conditions, shipping, returns and other such policies required for a website are the responsibility of the Client, Magic Fingers Graphics Ltd will not be responsible for any images or content that is presented online.
Will have set parameters to the availability of the retainer package (eg: 3 / 6 / 12 months) outlined in customised proposals, please reference this in addition to the standard terms. The monthly retainer fee must be paid by the 20th of each month. Some retainer projects will be billed a month ahead to lock-in the commitments for both parties. Retainer packages provide a set amount of work availability - either time in hours or days per week to work on the client project.
Unless specified by the client or Magic Fingers Graphics, the type of projects within a retainer are not set and can vary as often as required.
Retainer Hours: If a client goes over their allocated retainer hours in a single month, up to 10% allowance of extra hours will be allowed with the standard hourly charge be invoiced by month's end. Typical retainer clients will not have any hour rollover month to month and forfeit any un-used hours at the end of each calendar month. Carrying over hours or going over hour budgets compromises other paying clients.
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.
(e) on-going communication, at all stages of a project. If the project needs to be stalled, put on hold, or postponed, it is the Client's responsibility to inform Magic Fingers Graphics Ltd their intentions. If a project has been delayed, on-hold or postponed for more than 6 months since the start of the project (in written agreement or on invoice paid date), Magic Fingers Graphics Ltd retains the right to cancel the project entirely by written notice.
For NEW clients, a deposit of 50% is required before commencing any design or development job, unless otherwise arranged in writing and prior to agreement of services.
For EXISTING clients, partial or 50% deposits may be required (if outlined or over $2K) or the project may go ahead by natural agreement of the working relationship.
Payment is payable by direct credit via Internet banking. Bank account details for payments are on the invoice.
ALL Deposits are non-refundable once paid. Any design work provided/sent to the client as proofs after a deposit is paid is not eligible for any type of refund either. Any projects cancelled by the client after a deposit has been paid, will not be due a refund.
Final Files / Website "Go-Live" / Print Items (Stationery, Posters etc)
FINAL FILES: Payment for any design or web job must be completed in full before design files are handed over and/or web design projects are launched as 'live'. An invoice will be issued prior to this process for payment within 21 days, unless stated otherwise.
WEB: Payment must be paid in full and/or final deposit of project paid before sites go live.
PRINT ITEMS: All Print items are required payment prior to delivery - these MUST be paid in full before any printed items are delivered or picked up by the client (you). Please note, this applies to all new print projects and recurring items.
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) will be paid for by the Client. This includes any partial work in progress that has already been agreed upon. Any outstanding amounts owing for work in progress will be charged in part or in full, to the Client; and payment by invoice expected within 7 days.
Should Magic Fingers Graphics terminate a Client contract, any work to date that has been partially or fully paid for will be supplied to the client. If for some reason, no payment has been made, no files or website will be provided.
Electronic Images and/or Files
It is the Clients' responsibility to retain a copy of any image or file supplied. The supplier (Magic Fingers Graphics) is not responsible for accidental damage, lack of copies or deleted files of 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.