Moment Designs is a freelance Logo Design, Graphic Design and Website Design business that specialize in logo design and branding. These terms and conditions are applicable to all Design projects that are undertaken by Moment Designs. The following terms and conditions document is a legal agreement between Moment Designs and “client” for the purposes of Design projects. These Terms and Conditions set forth the provisions under which the client may use the services supplied.
If an invoice have been generated for the “client” by Moment Designs and deposit have been made by “client” to Moment Designs, which is an acceptance of Moment Designs Terms and Conditions. These terms and conditions are always available on our website for review. The Client agrees to check that the details of quotations and invoices are correct and should keep a copy for their records. If the Invoice goes into 7 days (seven) and no payment have been made after project have been completed, then payment will become due for the full amount on the account outstanding. Moment Designs reserves the right to withdraw from projects at any time prior to acceptance.
Moment Designs Logo Design, Graphic Design and Website Design pricing are listed on Moment Designs website under the pricing tab and “clients” will be invoiced on the pricing that have been set out for services.
- Quotations and Invoicing
Clients will receive there quotations and invoices via the email provided by “client”. Invoices are valid for 7 (seven) days on the amount outstanding after deposit have been made. The outstanding amount to be paid after project have been completed.
- Content Control
Client agrees to provide any needed information and content required by Moment Designs in good time to enable Moment Designs to complete a Logo Design, Graphic Design or Website Design project, as part of an agreed project. Moment Designs endeavors to create pages that are search engine friendly, however, Moment Designs gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Moment Designs be held liable for any changes in search engine rankings. If an error or issue with the design arises from search engine analysis, then Moment Designs is not held liable. After Logo Design, Graphic Design, or Website Design project completion and full payment is received, a “client” or a third party of their choosing may wish to edit their Logo Design, Graphic Design or Website Design project. However, the client agrees that in so doing they assume full responsibility for any issues which occur. If client or a third party of their choosing edits on Logo Design, Graphic Design or Website Design project and these results in functionality errors or the page displaying incorrectly, then Moment Designs reserves the right to re-quote/invoice for work to repair the Logo Design, Graphic Design or Website Design project, however Moment Designs will not be held liable. Moment Designs reserves the right to assign subcontractors in whole or as part of a project if needed. Moment Designs is not responsible for any printing work. Printing work can be done through Moment Designs on request, as Moment Designs outsource their printing work if needed, as part of Moment Designs terms and conditions. Client agrees that it is their responsibility to have regular backups. All communications between Moment Designs and client shall be by telephone or email.
- Payment and Non Payment
Payments have to be received in two separate payments or in full if “client” want to do so.
- Deposits to be paid upfront of 70% on all design projects invoiced by Moment Designs before any project starts.
- The final payment of 30% to be paid when design projects have been completed and before handing over files to “client”.
If the invoice has not been settled on completion of their services then Moment Designs will consider the account to be in default. Additional work requested by the client, which is not specified in the invoice, is subjected to a separate Design project and Moment Designs reserves the right whether to re-quote or accept additional work. If Moment Designs accept, additional work may affect timescale and overall delivery time of the project. Once an Invoice is sent to the client, payment by bank transfer (EFT) and sent with proof of payment to the Moment Designs email. Moment Designs reserves the right to decline further work on a project if there are Invoices outstanding with the client. Clients may cancel a project in writing by email to Moment Designs, and the project will be cancelled. If Moment Designs has begun or completed the work and the client no longer requires or cancel the project but have agreed to the work, deposits will not be refunded or transferred to another project of the same client. All Invoices are submitted by email except where required otherwise by regulations or agreed at Moment Designs discretion.
Moment Designs will not refund deposits for work already performed on “client” design projects. We guarantee to honor our obligations of service as we expect our clients to honor theirs.
- Web Browsers
Moment Designs shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Client agrees that Moment Designs cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Moment Designs reserves the right to re-quote for any work involved in changing the website design or website code for it to work with updated browser software, but will not be held liable.
- Post Project Alterations
Moment Designs cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s design projects. Such alterations include, but are not limited to additions, modifications or deletions. Moment Designs may will be required to quote or invoice for Logo Design, Graphic Design or Website Design project before resolving any issues that may arise.
- Domain Names and Hosting
Moment Designs prefer clients to sign up for their own Hosting and Choose their own desired Domain Name at their Hosting Company of choice, Client’s agree to send all login details to Moment Designs so that website files can be uploaded when website design is completed and to work on in the future. Moment Designs will or can help to choose the best hosting for “client” website design needs. Moment Designs offer hosting services, we outsource our hosting.
- Liability and Warranty Disclaimer
Moment Designs provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Moment Designs cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. The Client agrees Moment Designs is not liable for absence of service as a result of illness or holiday. The Client agrees Moment Designs is not liable for any failure to carry out services for reasons beyond I it is control including but not limited to: telecommunication problems, software failure, hardware failure and third party interference, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot or omission of any third party services. Moment Designs is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Moment Designs to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, Moment Designs cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then Moment Designs can correct these errors for the Client at it is own discretion, but will not be held liable for these errors. Moment Designs may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to. Moment Designs reserves the right to quote for any updates as separate work. Client agrees Moment Designs is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Moment Designs harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
11. Terms and condition for the maintenance packages
• By signing up for the basic maintenance package you agree and understand what is included in the maintenance package.
• When signed and received by Moment Designs, you will be fully responsible for payments of your selected option.
• If you want to cancel or don’t need the maintenance package anymore you must notify Moment Designs a month in advance.
• After signing for your option you will not be able to be refunded as you have agreed to settle for your option chosen.
Moment Designs and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Moment Designs to another party.
Moment Designs reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. Moment Designs shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. Moment Designs reserves the right to alter these Terms and Conditions at any time without prior notice, the Terms and Conditions can be found at the Moment Designs website at www.momentdesigns.co.za. Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. These Terms and Conditions supersede all previous representations, understandings or agreements.