Terms and Conditions of Trade
In this agreement “mhdesign” is the trading name of Mike Henden Design (Mike & Julie Henden Partnership). “The client” refers to the Business entity or party seeking to engage mhdesign to provide services.
mhdesign confirms that:
We will provide the client with completely original designs that are not copied, either in whole or part, from any other work;
We own the rights that we are giving the client under this Agreement, or we have secured such rights to any third-party content incorporated into our final design(s); and
Our work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity;
We will hold and maintain in strict confidence any confidential information that the client provides us with (such as proprietary technical or business information) and we will not disclose such information to any third party except as may be required by a court or governmental authority.
This agreement between mhdesign and the client is said to be in effect on acceptance of mhdesign’s quote/estimate for services (Please note all prices are GST exclusive).
All work remains the property of mhdesign until the account is paid in full.
The Client promises to pay mhdesign the total sum on invoice in the specified timeframe. mhdesign’s terms are payment due 14 days following date of invoice. Progress payments will be required where work is completed over an extended period of time.
When the client asks mhdesign to use any third-party content (eg stock photography) in the design(s), the client promises to pay mhdesign the actual cost of licensing that third-party content for use in the design(s).
The client agrees that until mhdesign’s invoice(s) are paid in full, the client will not acquire the rights or license to use or transfer ownership of any design(s) that mhdesign has created for you under this Agreement.
Where proofs are provided, either in printed or online (PDF) format, responsibility for checking and final approval to proceed to production rests with the client. While mhdesign takes every care in the preparation of artwork, we cannot be held responsible for errors that have not been marked on the proof by the client. Final approval must be communicated in written form, normally via email.
Print sales will not be released until all invoices are paid and printing must be paid for before or on collection/delivery.
A 50% deposit is required once the design concept has been approved and before any production or coding work commences. This is non-refundable.
Where mhdesign is providing web hosting, hosting payment is required before the site is made ‘live’. Ongoing payments are to be made to our nominated bank account via Automatic Payment. Payment is due on the 20th of the month. A monthly invoice will be supplied via email for your records.
Hosting payments are subject to change on not less than one month’s prior notice.
Annual Domain Name Registration payments will be invoiced one month before the due date, where applicable.
mhdesign has the authority to disconnect your website if any payments are overdue. This may result in pages being permanently deleted. mhdesign is not required to restore these pages or to continue any hosting arrangements.
A reminder will be emailed before this happens.
A 50% deposit is required when the order is placed. This is non-refundable. The balance is due in full prior to collection/delivery.
An account fee of $10.00 will be charged to accounts that are not paid in seven days following due date of invoice (as defined above). Accounts outstanding for two or more months will incur interest at the rate of 18% per annum, and all collection costs incurred through the recovery of this debt will be payable by the client.
Branded Promotional Products
mhdesign makes every effort to supply quality promotional products. The client should be aware, however, that as these goods are being purchased for business purposes, the Consumer Guarantees Act does not apply. mhdesign offers no warranty, either express or implied by law, with respect to these goods.
The Customer agrees to and acknowledges that, mhdesign and/or their Agents may give to and seek from any credit reporting agency, and/or credit providers that may be named in a credit report issued by a credit provider, information about the Customer’s creditworthiness and/or credit history.
Personal Guarantee (Guarantee of director(s))
On acceptance of this agreement the client, or Director(s) of the client company agree(s) to give a personal guarantee. As such, the aforementioned agree to be personally liable and will pay all outstanding amounts and associated costs, should the Customer, company/partnership cease trading or become insolvent.