Event Questionnaire

1. Scope of Services

The Client hereby engages Maxorg Designs to provide the services outlined in the estimate or quote.

• Maxorg Designs agrees to provide any Work Product to be delivered as part of the services by a mutually agreed upon date, which will be set out in writing by the Parties. The Client acknowledges and agrees that failure to submit required information or materials requested by Maxorg Designs may cause subsequent delays in the Work Product, for which Maxorg Designs will not be responsible. Each Party will make a good faith effort to notify the other Party of any upcoming delays.
• Each Party will designate a representative, which will be responsible for receiving instructions and delivering work products (if Maxorg Designs) and providing instructions as well as receiving and accepting any work product (if the Client).
• Maxorg Designs agrees to provide all original work, which will not be copied in whole or in part from any other work, and will not use any third-party content to incorporate into the Work Product unless Maxorg Designs has secured the rights to said third-party content. Content provided by the Client for incorporation into the work project, will not be subject to this clause.
• If you acknowledge and accept an estimate or quote – verbally or via email (preferred) or in writing, it is considered permission to commence work.

2. Payment Terms, Late Payments, and Default.

Clients agree to pay a 50% deposit* of the total cost to start any design project, with the balance payment due prior to or upon delivery, unless otherwise agreed.

This condition may be waived for repeat clients, requiring only one payment upon project completion. Late fees also apply.

Upon delivery, our terms are seven (7) days. Pending Default – Second Notice after fourteen (14) days. Pending Default – Final Notice after twenty-one (21) days. If no payment after thirty (30) days late payments will be charged additional interest fees, and penalties.

If you require printing, Illustration, or typography, these are a 3rd party fees and must be paid upfront, plus funds cleared before we can complete the job and release the files.

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.

For established Clients, If the work time exceeds four (4) calendar weeks in duration, the Client agrees to a progress payment of 50% of the balance of the project, with any outstanding amount payable in full upon delivery. Once research, resources allocated, or design work has commenced on a project, this deposit is non-refundable.

Unless prior arrangements have been made, Maxorg Designs shall consider an account 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. Maxorg Designs shall at its sole discretion suspend any and all services provided to the Client by Maxorg Designs or its 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 its 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 Maxorg Designs reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

Maxorg Designs retains all copyright for work performed until full project costs have been paid.

Maxorg Designs reserves the right to reuse or resell work undertaken in the case of a payment default.

Maxorg Designs 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.

*In the case of a change of mind by the Client this deposit is non-refundable. Maxorg Designs endeavors 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 pro-rata payment based upon the time spent.

All prices estimated are in United States dollars ($USD) and are exclusive of GST.

3. Alterations and Authors Corrections

Maxorg Designs makes every effort to be as cost-effective and accurate in estimates as possible, but extra inclusions or exclusions may occur based on specific jobs or requirements.

All estimates by Maxorg Designs include one (3) round of changes (up to and including v2) unless otherwise specified. Any changes above this are considered Authors Corrections and the Parties will work in good faith to adjust the timeline and costs accordingly. Wherever possible, the Client will be notified of increases in the cost and/or time of the project.

In the case of a considerable change to the scope of the project or brief, the current project will be invoiced for time incurred to-date, and a new estimate outlining the revised scope of work will be generated for approval before the project continues.

From time to time, the Client will require additional 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 of the scope of the original estimate. If the Client wishes these alterations to be made, they must agree in writing (via email), and Maxorg Designs’ hourly rate of $150, excluding GST per hour will be payable.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the Client after work has commenced.

4. Confidential Information

Each Party is likely to disclose information (“Disclosing Party”) to the other (“Receiving Party”) from time to time during the term of this Agreement, which is marked or designated as confidential or proprietary at, or prior to disclosure, or which would appear to be confidential and/or proprietary in nature (“Confidential Information”). The Receiving Party will not disclose such Confidential Information to any person other than as provided for in this Agreement or as necessary to carry out that Party’s obligations under this Agreement.

This restriction does not apply to information that (i) the Receiving Party must disclose by law or legal process, (ii) is either already public or enters the public through no fault of the Receiving Party, (iii) is available to the Receiving Party from a third party who is not under any nondisclosure obligation to the Disclosing Party, or (iv) is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party.

5. Title to Material

Maxorg Designs retains full ownership of design concepts and materials it produces.

Once a final project is delivered to the Client and full payment is received, complete ownership rights of the final supplied files or assets as stated in the estimate (e.g.; print-ready PDF as per supplier requirements) transfer to the Client, however, please note that any physical working files such as Illustrator packaged files are excluded.

Unused concepts remain the property of Maxorg Designs. Maxorg Designs may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the Client requests otherwise, Maxorg Designs 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 is received, Maxorg Designs retains ownership of all artwork, strategies, photography, assets and website architecture. Maxorg Designs reserve the rights to certain elements used to create your images, including fonts, patterns, stock images, textures, color palettes and other non-exclusive items.

Maxorg Designs 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 MAXORG DESIGNS, 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. Upon payment of all invoices, reproduction rights for all approved final designs created by Maxorg Designs shall be outlined in the Project Proposal or Estimate. For additional usage, the price will be assessed as needed.

In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain the property of Maxorg Designs until such time an agreement is in place. As part of Maxorg Designs terms of business, the copyright license is automatically released to the Client on receipt of final payment for the commissioned work. Maxorg Designs reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Maxorg Designs in print or digital media portfolios, social media and blogs, except where the Client has specifically requested in writing otherwise.

6. Supply of Original Working Artwork Files/Assets

Maxorg Designs owns all physical artwork files, designs, concepts and assets. And all the Intellectual property in them. All estimates Maxorg Designs supplies include a supply of high-res PDF file/s or flattened web image/s, and does not include the original or packaged Illustrator or layered Photoshop file/s unless otherwise specified clearly on the estimate.

In the event the Client must attain the original working files, these can be released under exclusive license to the Client at a fee based on the market rate on a case-by-case basis, at the discretion of Maxorg Designs.

Maxorg Designs reserves the right to refuse supply of physical artwork files, depending on the circumstances and the intended use of such files.

7. Artwork Storage

All files are stored electronically and are logged via a database for quick retrieval and access. All files are backed up daily to external media to ensure the loss of work is kept to a minimum. Retrieval fees may be incurred at the discretion of Maxorg Designs.

8. Resending Uploading Files

If a client loses or accidentally deletes the files delivered by Maxorg Designs at the completion of the project, Maxorg Designs can re-upload to pCloud, for a fee of $50 per request (plus GST). Providing the request from the “Client” has been made within two years from the date of completion.

9. The artwork on DVD or USB Drive

If any client artwork is required on CD/DVD, an administration fee of approximately – $50 plus courier/ postage will be payable.

10. Approval of Final Artwork

While Maxorg Designs takes all care to avoid errors, Maxorg Designs accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the Client’s responsibility to proofread and approve all final copy before the production of the artwork. The email verification of the Client’s representative 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 to oversights by the Client’s proofreading.

11. Print – Color Variations

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 and bulk-run printing system. There will be no reprints at the expense of Maxorg Designs.

12. Design Credit

The Client agrees to allow Maxorg Designs to place websites and other designs, along with a link to the Client’s site on Maxorg Designs’ own website for self-promotional purposes.

13. Good Business = No ‘Free Pitching.’

Free pitching is the practice of clients asking for unpaid design submissions from one or more studios in order to decide which studio to use. Maxorg Designs is opposed to ‘free pitching’ or ‘working for free’. Maxorg Designs will not do work or present ideas for free, in order to show you or present an idea or when pitching in competition with another design firm. A price must be agreed upon before time is spent on any work undertaken at the Clients’ request. Watch this very funny video, and it will all make more sense.

“Free pitching is bad for clients because it substantially reduces the probability of an appropriate and relevant design solution. A free pitch situation is like a beauty parade – decidedly superficial. The problem with a superficial solution is that it is not only a waste of time and money at the design stage, it also jeopardizes the effectiveness of any further spend on downstream processes such as print, multimedia and distribution.”    

– Australian Graphic Design Association (agda.com.au)

As a design agency whose core business is to create design solutions, we value the relationships we create and nurture with our clients. Free pitching doesn’t allow for normal client/agency interactions and instead places too much importance on that first ‘wow’ presentation moment, instead of having the opportunity to work through an effective solution with the Client from beginning to end.

The whole concept of free pitching is an old school hangover from the old advertising agency days where agencies made their income through media placements, retainers and commissions, on much larger sized accounts often worth several million dollars, which is simply not the case these days for most free pitch opportunities.

“I do not expect my lawyer, accountant, doctor, dentist or Alfa mechanic to donate their skilled time for my benefit, nor would I ask them to demonstrate their skills without appropriate reward.” 

– Brian Sadgrove, Brian Sadgrove and Associates

If you are interested in finding out more about free pitching and the reasons why Maxorg Designs is opposed – read more here.

14. Freelance Contractors and Confidentiality

All contractors employed by Maxorg Designs are held to a strict confidentiality and nondisclosure agreement. Contractors of Maxorg Designs are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with Maxorg Designs. If this was to be breached by the contractor, Maxorg Designs will take swift and preparatory measures to ensure the Client is made aware that the contractor in question is no longer a representative of Maxorg Designs and acting independently.

Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases. Maxorg Designs aim for complete security of our clients and if we select contractors, it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict Maxorg Designs guidelines of professional behavior and ethics.

15. 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 advance payment (deposit) will be forfeited in lieu of compensation to MAXORG DESIGNS. This is to cover design and administration time spent, and resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by MAXORG DESIGNS and the Client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $140 per hour plus GST.

If a project is cancelled by Maxorg Designs, 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 Maxorg Designs.

16. Website Design – Post Completion Alterations

Once web design is complete, Maxorg Designs will provide the customer with the opportunity to review the resulting work. Maxorg Designs 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 the placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Maxorg Designs by email and confirmed by post.

Maxorg Designs will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweak and amendments is payable of $140 per hour plus GST if applicable.

17. Force Majeure

Maxorg Designs shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Maxorg Designs. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, the breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

18. Goodwill Disclaimer

This Agreement assumes goodwill from both Maxorg Designs and the Client regarding:

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

Graphic design, strategy, photography, marketing are all highly creative and subjective art forms. As such, Maxorg Designs take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, Maxorg Designs cannot be held responsible for variations between expectation and outcome.