TERMS AND CONDITIONS
Below are MJ Studio 360 standard terms and conditions. It is vital that you (The Client) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you begin any project with MJ Studio 360. Please also note that from time to time MJ Studio 360 may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions below.

COMMENCEMENT OF WORK
Agreement to work with, and submission of this form and payment of deposit to MJ Studio 360, constitutes agreement to these terms and conditions.

TERMS OF PAYMENT
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. With the Single-Page Website or Landing Page option,“The Client” agrees to pay 100% of the quoted amount to commence the design project. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. MJ Studio 360 works hard to provide design services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorated payment based upon the time spent.

If the work time exceeds 4 calendar weeks in duration due to “The Client” not providing the necessary deliverables to complete the project, “The Client” agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery. In addition, MJ Studio 360 reserves the right to adjust the original project schedule should it deter other client projects. The updates schedule will be sent to and agreed upon by “The Client.”

All printing accounts must be settled in full prior to the release of the files to the printer. Accounts which are not paid COD will incur a late administration fee of $20. Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

PAYMENT OPTIONS
MJ Studio 360 accepts cash or check. Invoices will be emailed to the email address provided the “The Client.” Should “The Client” prefer to pay via debit or credit card, MJ Studio 360 will send an invoice via PayPal and a 3% fee will be added to the bill to cover processing fees.

DESIGN CONTRACT & FEES FOR SERVICE
It is agreed that the fee for service shall be the cost estimates provided via in the DESIGN CONTRACT, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.

EXCESS WORK
This is defined as any work involving additions to the items defined in the ORIGINAL DESIGN CONTRACT or changes to all pieces of finished artwork after sign off by “The Client”. Should the “The Client” require extra design requirements during a project or extra files upon completion of a project, “The Client” will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client chooses for these alterations to be made they must agree in writing (email is sufficient), and a fee of $50 per hour will be payable.

Should additional work be agreed upon, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by MJ Studio 360 may not take place before cleared funds have been received.

If the DESIGN CONTRACT is terminated by “The Client” after work has commenced, any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable.

APPROVAL OF FINAL ARTWORK (Print or Web)
While MJ Studio 360 takes all care to avoid errors, MJ Studio 360 accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the sole responsibility of the client to notify MJ Studio 360 of any such errors during the revision cycle and before the final files have been generated or the project has been posted to the public. An email verification of “The Client” shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading. In addition, extra fees will incur for edits made to content after approval of final artwork.

PRINT RETURNS/REFUNDS & COLOR VARIATIONS
It is agreed that MJ Studio 360 is not responsible or held liable for any errors contained in the final product after the final product has been approved by “The Client” (approval may be given in writing/email), committed to print or posted in view of the public. MJ Studio 360 will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify MJ Studio 360 of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform MJ Studio 360 within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment. As with all print projects, payment for re-printed project MUST be prepaid.

With all printing there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing (compared to RGG screen) and bulk-run printing system. There will be no reprints at the expense of MJ Studio 360 for color variations in the final printed product.

WEBSITE DESIGN: POST-COMPLETION CHANGES
Once web design is complete, MJ Studio 360 will provide the customer with the opportunity to review the resulting work. MJ Studio 360 will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features, as these will be predetermined in the initial consultation. Any minor changes can be sent to MJ Studio 360 via e-mail. If no notification of changes is received in writing from the customer within 14 days of the start of the review period, MJ Studio 360 will consider that the client has accepted the original draft. After the 14 day review period, an hourly fee of $75 per hour will be charged for any edits and will be due prior to the service rendered.

TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of “The Client” cancelling a project after a project has commenced, the 50% downpayment will be forfeited in lieu of compensation to MJ Studio 360. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by MJ Studio 360 and the client by negotiation) a pro-rated payment is payable for time spent up until cancellation notice.

If a project is cancelled by MJ Studio 360 due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the MJ Studio 360.

LATE PAYMENT & DEFAULT
Accounts which are not paid within 15 days will incur a late administration fee of $20. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice, unless prior arrangements have been made. MJ Studio 360 shall at it’s sole discretion suspend any and all services provided to the client by MJ Studio 360 or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve “The Client” of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

“The Client” whose account is in default agree to pay MJ Studio 360 reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

MJ Studio 360 retains all copyright for work performed until full project costs have been paid. MJ Studio 360 reserves the right to reuse or resell work undertaken in the case of payment default.

MJ Studio 360 accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.

DESIGN SAMPLES
“The Client” agrees to allow MJ Studio 360 to showcase any/all work created in the course of a project as part of MJ Studio 360 portfolio. MJ Studio 360 acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences.

COPYRIGHT
MJ Studio 360 retains full ownership of design concepts and materials it produces. Once a final concept is delivered to “The Client” and full payment is received, complete ownership rights to the concept transfer to “The Client”. Unused concepts remain the property of MJ Studio 360. MJ Studio 360 may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, MJ Studio 360 retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment MJ Studio 360 retains ownership of all artwork and website architecture. MJ Studio 360 reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

MJ Studio 360 reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of MJ Studio 360, all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission.

CLIENT CONTENT PROVIDED FOR PROJECT
“The Client” agrees to provide MJ Studio 360 with any necessary content (text or images) prior to the project commencement. Any images provided by “The Client” to be used in the design project are agreed to be legal for use. MJ Studio 360 is not responsible should any images provided by “The Client” be deemed “illegal” (as in “The Client” does not have the appropriate rights to use them.) Content provided to be included after the project has commenced may incur an additional fee. (See “Excess Work.”)

GOODWILL
This proposal assumes goodwill from both MJ Studio 360 and “The Client” regarding:

• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes

RESENDING FILES
It is the responsibility of “The Client” to store and backup all files delivered by MJ Studio 360. If a client loses, misplaces, or accidentally deletes the files delivered by MJ Studio 360 at the completion of the project, MJ Studio 360 can resend them for a fee of $50 per request, providing the request from “The Client” has been made within 2 years from the date of completion. MJ Studio 360 is not responsible for original files beyond 2 years.

ARTWORK on USB Drive
If any client artwork is required on a USB drive, an administration fee of approximately $50 plus cost of USB stick and postage will be payable prior to purchase of the USB drive.

MJ STUDIO 360 DESIGN CREDIT
“The Client” agrees to allow MJ Studio 360 to place a small credit on printed material exhibition displays, advertisements, etc. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow MJ Studio 360 to place on their finished website design, “MJ Studio 360” text with a link to MJ Studio 360’s own website for self promotional purposes.

MEDIA DISCLAIMER
Graphic design, strategy, photography, TVC, illustration and marketing are all highly creative and subjective art forms. As such, MJ Studio 360 takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however MJ Studio 360 cannot be held responsible for variations between expectation and outcome.

DISCLAIMER
All information contained in this website is intended for general information purposes only. The information is provided by MJ Studio 360. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. MJ Studio 360 will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. MJ Studio 360 has no control over websites that are linked to on this website.

Those third party websites are under the control of their owners, and MJ Studio 360 will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.