Engagement
The term MoMac, as mentioned in these terms and conditions, shall refer to MoMac Socialising Media Limited.
The term “Client” or the term “you”, as mentioned in these terms and conditions, shall be the party agreeing to this proposal.
The Client may engage MoMac to perform work by advising MoMac in writing or through verbal confirmation that is acceptable to MoMac. It is recommended by MoMac that all confirmation of work be completed in writing.
If MoMac agrees to do work for the Client, such work is based on information supplied by the Client. A non-refundable deposit may also be required by MoMac.
The Client shall indemnify MoMac and its directors, officers and employees from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, the provision of materials, use of Services by the Client or anyone else, any breach of these terms and conditions by the Client, any illegal or defamatory Photographic/Video Works produced for the Client, any infringement of an intellectual property right of any person, any Photographic/Video Works that invade any person’s right to privacy or other personal right, any Photographic/Video Works that fail to comply with any local, national or international law, act or regulation, or howsoever otherwise arising.
Quotes & Estimates
Any quote or estimate given is based on the brief and information provided by the Client and is subject to change if the brief and/or information changes. Any additions or changes outside the initial brief and information provided shall be charged at the hourly rates shown in the schedule of this document unless otherwise agreed.
All quotes and estimates are valid for 30 days from the date it is provided unless otherwise stated.
Estimates are not firm quotations and are liable to alteration. Any change to instructions given by the Client or job specifications made or agreed upon may alter the fees and Job-Related Costs.
The MoMac office is our preferred location for all job-related meetings and project reviews as it is appropriately set up for meetings and presentations. If you would prefer meetings throughout your project at your office or any other location additional fees may apply.
Project Timeline
We may provide an estimated timeline for project completion and we will make every effort to meet the agreed-upon timeline. We are not responsible for delays caused by circumstances beyond our control, including delays in receiving necessary materials, client feedback, or approvals.
Once the project has started, any delays caused by the client (e.g., delays in providing materials or approvals) may result in revised timelines and additional charges.
Client Responsibilities
As the client, you agree to provide all necessary information, feedback, and materials (e.g., logos, text, images) promptly.
You are responsible for ensuring that all content provided to us does not infringe on any third-party rights, including intellectual property rights.
You must review and approve all drafts, proofs, and designs before production begins. Failure to do so may delay the project.
It is your responsibility to check that all project outcome details are correct, including but not limited to spelling, dates, product descriptions & prices, contact details, imagery, layout, and dimensions. Please remember that we cannot fix the errors you find when you receive the finished product. Once print production is complete, any errors that require design or print corrections will be at your expense.
Revisions
Revisions are charged at MoMac’s hourly rate as outlined in the schedule. All costs exclusive of GST.
Any changes requested after the project is live, has been signed off or after print production has commenced will be treated as a new project.
Pricing And Payment
The Client shall pay MoMac the various amounts payable in accordance with the agreement. MoMac reserves the right to require payment before any material is made available to the Client and also reserves the right to issue an invoice at any time for work already completed.
If MoMac’s fee and/or expenses are not quoted in advance, or if work is done that is additional to the initial agreement, then the Client shall pay the amount invoiced by MoMac in accordance with the rates shown in the schedule of this document.
Service Rates & Fees
Service rates and fees are defined in the schedule of this document and all services are charged in 15-minute increments.
* Our minimum charge-out fee is 15 mins.
Deposits
Before any work starts or the project commences, MoMac may require a non-refundable deposit for part or all of the amounts quoted in advance.
Payment Terms
Design Services: An initial minimum deposit of 50% may be required to begin work. Full payment for design work will be due upon completion unless otherwise specified.
Website Development Services: An initial minimum deposit of 30% may be required to begin work. Payment for website development services is due based upon agreed milestones, as set down in the proposal. Final payment is due upon completion and before the website goes live.
Print Production: Payment for printing services is due in full upon approval of print proofs and before printing begins unless otherwise specified in the proposal.
Late Payments: Payments not received within seven days of the due date may incur a late penalty fee and interest.
Payment Methods: We accept payments by Bank Transfer, Credit Card and Eftpos. Bank account details are provided on the invoice or as requested. We reserve the right to stop work and/or withhold delivery of work until all outstanding invoices are settled.
Unless otherwise specified in the agreement, payment is due within 14 days of the invoice. Extended payment terms can be agreed upon but must be agreed to in writing before the invoice is issued.
Overdue Payments
In the event that any monies are not paid in full on the due date, MoMac may suspend any further work until all amounts owing and any costs incurred are paid in full.
MoMac shall be entitled to charge interest at a rate of 5% per week on any overdue amounts outstanding.
All debt collection and related costs such as legal expenses (on a solicitor-client basis) will be on-charged to the Client.
Associated Costs / Reimbursements
The Client is responsible for all travel, accommodation and meal costs incurred by any MoMac employee or contractor unless provided by the Client. All travel expenses are based on the distance or time between the event location(s) and MoMac’s office/studio address. Unless otherwise stated in writing, the Client shall be charged for MoMac’s travel costs by set fee, mileage fee or in any other manner that MoMac chooses.
The Client shall reimburse MoMac for all Job-Related Costs where MoMac makes payment to others on behalf of the Client. MoMac may add a service charge or commission, determined at MoMac’s absolute discretion. Unless otherwise specified in the agreement, the Client must pay all job related costs and service charges/commissions to MoMac within 14 days of invoice.
Cancellations
If the Client cancels a Booking/order or withdraws material while work is in process and/or prior to completion of the end product, MoMac assumes no responsibility for the completion of the end work and is entitled to payment for all work completed at the time of cancellation or withdrawal along with payment for all charges incurred for materials.
Stalled Projects
Where a project has stalled for longer than 30 days and the project completion is outside of MoMac’s control, MoMac will invoice for all work completed on any unfinished work or projects and any Job-Related Costs incurred at that time. Examples include: failure to provide feedback on revisions or drafts including or sign off (approval) of any completed work.
Work Suspended
Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay MoMac for all work in progress and any Job-Related Costs incurred at that time.
Work Forfeited
Where the Client has failed to make reasonable attempts to complete the agreed work and or project, and has made no contact within 30 days it can be assumed that the Client has forfeited the job and must, at the time of project suspension, pay MoMac for all work in progress and any Job-Related Costs incurred at that time.