Updated 29th July, 2008.

Terms & conditions

In the following Terms and Conditions, My Graphic Garden is referred to as "MGG", and the client is referred to as "the client".

1. Amendments

MGG reserves the right to change this document at any time, at which time a notice will be posted on the MGG website advising of date of such changes. The following Terms and Conditions of Service apply to all products and services provided by MGG.

2. Acceptance of Terms & Conditions

All work is carried out by MGG on the understanding that the client has read, understands and agrees to be bound by MGG Terms and Conditions.

3. Quotations

Upon requesting a quote, the client will be sent a written confidential quotation in electronic format. The quote will outline the costs for services requested, and will include an estimated time-frame of delivery.

All quotes are valid for 14 days only, and are subject to change should the scope of requested project change, or if more resources are necessary to complete the project than originally anticipated. Any changes to quotes will be in consultation with the client.

4. Project Acceptance

The written quotation supplied by MGG will outline any required fees and costs that must be paid prior to work commencing on the project. Payment of the required booking or commencement fees signifies the clients acceptance of MGG's Terms and Conditions. Once payment is received, a contract to complete the work exists.

Should the required fees not be received by MGG within the above-mentioned 14 day period, the quote is considered null and void. Should the client still wish to continue with the project, a new quote will be supplied by MGG.

Due to high-demand, MGG accepts work on a booking basis. This is a "First come, first served" arrangement and in order to confirm your booking, a non-refundable deposit of 20% of the quoted project costs will become immediately due to secure the booking at the quoted price.

5. Briefs and Changes to Projects

Once the project quote has been accepted, the client is required to submit a final, authoritative Project Brief outlining the total project scope. This document encapsulates and includes the Web Design Brief, Logo Design Brief, Copywriting Brief, Custom Programming Brief and/or other briefs as required to define the project. These documents will be used as the primary source of information during the development process, and become the base upon which the whole project rests.

Should any of the above-mentioned briefs supply information that differs to or contradicts information supplied by the client during the initial quotation process, MGG reserves the right to alter the project costs and time lines appropriately in consultation with the client. MGG retains the right to decline to carry out any work not detailed in the original authoritative Project Brief, without giving reason.

Should the client wish to alter the description or nature of the project, the client will submit a written request to MGG to provide additions to the project, or modify the scope of the project.

After receipt of this request from the client, MGG shall provide the client with a written statement ("Change Brief") setting forth:

The nature of the change requested,
The anticipated effect of implementing the requested changes upon the related Project Brief
Any changes to the estimated time of delivery and price adjustments, and other such information as either MGG or the client deems material.

After submission of a Change Brief to the client, the client shall accept or reject it in writing within 5 business days. If the client fails to accept the Change Brief, the original unmodified Project Brief shall remain in effect.

Once the client accepts the Change Brief, the change brief becomes part of the authoritative Project Brief.

MGG retains the right to decline changes outside of the original project scope, without giving reason.

6. Deadlines and Delivery Dates

MGG shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames agreed upon in the Project Brief. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates.

During the project the client will be required to provide information and feedback as per the project timeline and in a reasonable time-frame. It is the clients responsibility to ensure all information is made available to MGG for completion of the project.

The client agrees not to hold MGG liable for any consequential losses associated with project delays, for any reason.

7. Design

During the design process, it is expected that the client will work with MGG to reach the results outlined in the project briefs. This includes providing timely feedback on creatives presented, as well as a willingness to clarify and elaborate on details as required. The client must at all times work with MGG to achieve the outcomes specified in the Project Brief.

Ownership of the final components supplied by MGG in fulfillment the Project Brief is only transferred to the client upon final payment of all outstanding fees and costs. Any discarded concepts, ideas, designs and/or code remain the property of MGG, and must not be used by the client under any circumstances, unless purchased separately.

The client grants explicit permission for MGG to use above-mentioned final components for self-promotional purposes.

While MGG takes all care to ensure error-free documents and designs, it is the clients' responsibility to notify MGG of any error or omissions prior to finalization of the account. Changes after finalization of accounts will incur a separate fee.

8. Project Completion

A project is deemed complete when the requirements detailed in the authoritative Project Brief are fulfilled by MGG. Project Acceptance is otherwise implied by;

Written acceptance of the project by Client
Use and/or distribution of files or designs by Client
Failure of Client to respond to requests for information after 30 days.

9. Warranty

MGG agrees to provide at no cost to the client reasonable technical support during a warranty period of 7 days after delivery of any website project. Such assistance shall not exceed 2 hours. This support shall not include additions to the website, graphical, text changes or any other visual changes.

Support and maintenance beyond the above provision will be chargeable at MGG's standard maintenance rates, as per section 10.

10. Maintenance

In all cases, MGG will provide an estimate of fees upon the maintenance being requested by the client, and work will only commence upon the Client's expressed acceptance of the estimated fees.

MGG calculates maintenance fees based on minimum 30-minute blocks, and will invoice the client for such fees upon completion of maintenance tasks. Payment of said fees shall be made in accordance with section 11 of these Terms & Conditions.

Maintenance is only available for completed websites hosted on MGG servers. For modifications to a project-in-progress, please refer to section 5. "Briefs and Changes to Projects" above.

11. Payment Terms

Prior to commencement of any design or programming, a non-refundable commencement fee is due as per the quotation.

During periods of high-demand, MGG accepts work on a booking basis. This is a "First come, first served" arrangement, and in order to confirm your booking, a non-refundable booking fee of 20% of the quoted project costs will become immediately due.

For all projects exceeding $1000, a non-refundable progress payment may be required from time-to-time during the design and/or development process, at the discretion of MGG.

Progress payments are generally in 20% intervals. Should the client be issued with a progress payment invoice, the amount is payable before further work is performed on the project.

Generally, payment terms are structured as below:

50% payable prior to the commencement of the design process for websites, and 100% payable prior to the commencement of design for logo and stationery projects (if a booking is required, this will be broken into two payments; 20% booking fee, and 30% or 70% respectively)
Progress payments as required during the project, typically in 20% intervals
Remainder due upon completion of project and prior to release of files and/or "go live" of website.

Publication and/or release of work performed on behalf of the client by MGG may not take place before cleared funds have been received - except in the case of a pre-arranged payment plan agreed to in writing by MGG.

Any booking fees or progress payments are non refundable under any circumstances.

12. Payment Plans

A $199 setup fee is applicable to all payment plans
Payment plans are available for websites only, unless otherwise agreed in writing by MGG.
Only available for websites over the amount $3000.00
50% of website cost is payable prior to website "go live"
Payments are deducted weekly, fortnightly or monthly from Client's bank account / credit card by nominated third-party transactions
Payments to commence upon website "Go live", or as otherwise arranged with MGG
Payment plans are generally over a 3 month period unless otherwise arranged and agreed to in writing by MGG.
If the scheduled amount cannot for any reason be collected from your account as per the pre-arranged schedule, you must contact MGG at least 7 days prior to the scheduled debit date.
Should a collection attempt be made and funds are not available, you will be charged an administrative fee of $50 + GST per attempt at collection where funds are not available.
Changes to any payment plans must be requested in writing and directed to customerservice@mygraphicgarden.com.au, or via mail.

13. Paying your Account

Unless otherwise stated in writing by MGG, Client shall pay all amounts due under this Agreement within 7 days from the date of MGG's invoice. Payment is accepted by Direct Deposit or Credit Card. Credit card payments shall be made via Paymate. In the case of payment plan, a third-party processor will be contracted by MGG to process and deduct all payments in accordance with the terms and conditions of the third party.

14. Late payments & Default

Accounts which remain unpaid after the initial 7 days, will incur a late payment fee of $30 + GST.

Accounts whicn remain unpaid after 14 days will incur an additional $30 late payment fee.

An account shall be considered in default if it remains unpaid for 21 days from the date of invoice, unless prior arrangements have been made. MGG shall at it's sole discretion suspend any and all services provided to the client by MGG or it's subsidiaries (including but not limited to hosting, websites, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services, 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.

Clients whose accounts are in default agree to pay MGG reasonable legal expenses and third party collection agency fees, interest and all costs incurred by MGG in persuing the debt.

15. Project Cancellation

Once a Project Brief has been agreed to by the client by way of confirmation of a deposit, and by MGG by written acceptance of the Project Brief, a binding contract to complete the project exists. Work may only be cancelled or amended with the agreement in writing of MGG. In any event, the cost of all work (or part thereof) performed by MGG for the Client, whether used by the Client or not, will be invoiced and must be paid for. All work will be billed at the hourly rate of $110 per hour + GST not to exceed original quote. "Work" is defined by, but not limited to the following:

Consultation with the client or any third parties in relation to the project
Research
Planning
Sketching
Briefing
Setting up accounts
Design work
Programming work
Administrative functions
Copywriting
Providing information, referrals or otherwise supplying client with resources at clients request.

MGG reserves the right to withhold files and designs from a client in the event of cancellation, until such time as all outstanding invoices for work performed by MGG has been paid for. The client is expressly prohibited from using any files, designs, or intellectual property supplied by MGG for any purpose until such time as all accounts have been settled in full, or as otherwise agreed to in writing by MGG.

MGG reserves the right to terminate a contract without giving reason.

In the event of cancellation, MGG will retain all deposits and payments made up until the time of cancellation regardless of work done, and may issue an invoice for any work carried out over and beyond the amount already paid.

Cancellation of your project with MGG does not dissolve your obligations to MGG under these Terms and Conditions.

Payment of cancellation fees are due within 7 days from the date of cancellation notification.

A project is ONLY deemed cancelled if;

A client requests in writing a cancellation and MGG agrees in writing that a client may cancel their project with MGG.
A client does not respond to request for feedback, or correspondence within 30 days
A client breaches the terms and conditions set forth by MGG, or breaches separate contractual agreements issued by MGG
A client instructs third parties to commence or complete services requested from MGG at time of quotation
MGG cancels the project in writing

17. Dispute Resolution

In the event of a dispute, the client agrees to make all reasonable attempts to contact MGG in writing and negotiate a reasonable outcome with MGG before proceeding with any form of litigation.

18. Additional Materials

It is common with web and graphic design that the use of additional materials may become necessary during the design process. Stock photography or commercial fonts are often used and are purchased commercially for your website by MGG. In the event that stock photography or a requested commercial font is required, a price per picture and per font will be applied to the final design fees, and is payable in addition to design services. Fees for additional materials vary, and MGG reserves the right to alter fees as necessary.

19. Copyrights and Trademarks

By supplying text, images and other data to MGG for inclusion in the client's website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Ownership of the final artwork designed by MGG on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by MGG - this does not include code or software. Copyright on all software and code remains the property of MGG or its otherwise respective owners. MGG provides license for the client to use supplied software and code for it's intended purpose. No license for modification or re-use of said software or code is provided unless otherwise specified by MGG in writing.

Any discarded concepts and ideas remain the property of MGG and must not be used by the client under any circumstances unless purchased separately.

MGG may use all design material freely in the pursuit of promotional purposes.

Should MGG, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright- and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow MGG to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold MGG free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

20. Design Credits

The client agrees to allow MGG to place a small credit on the client's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

In the case of digital illustrations, credit must be given where asked. Should a derivative work be based on illustrations by MGG, MGG must be credited if asked for credits at all.

The client also agrees to allow MGG to place impressions of websites and other designs, along with a link to the client's site, on MGG's own website for demonstration purposes, and to use any designs in its own publicity.

Removal of design credits from webiste while any part of design or code provided by MGG is used on that website, will incur a fee of $2,500 + GST, payable within 7 days of invoice.

21. Rights of Refusal

MGG reserves the right to refuse or cancel any project, at anytime, without giving reason.

MGG will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. MGG also reserves the right to refuse to include submitted material without giving reason.

Any images and/or data that MGG does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow MGG to remove the contravention without hindrance, or penalty. MGG is to be held in no way responsible for any such data being included.

22. Hosting & Server Access

Websites are hosted via a sister company on behalf of MGG. Due to copyright and protection of MGG propriety software and design procedure, a website must be housed on the MGG servers for a minimum of 3 months from date of website "Go live". After this time, a website may be moved off the server. This fee includes provision of the website files and database in .zip format, and reasonable technical assistance in the migration to the new hosting server.

At no time during the initial 6 month hosting period may a third-party be allowed access to the raw files or databases stored on MGG servers, under any circumstances, without the written permission of MGG.

MGG reserves the right to refuse removal, release or access to any files or material which MGG thinks may be used by competing businesses for financial gain or which may in any way expose MGG's trade or operational secrets.

23. Disclaimer

MGG makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MGG will not be held responsible for any and all damages resulting from products and/or services it supplies. MGG is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold MGG responsible for any such loss or damage. Any claim against MGG shall be limited to the relevant fee(s) paid by the client. MGG reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MGG will not knowingly perform any actions to contravene these and the client also agrees to be so bound. MGG and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.

24. General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MGG reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.