Midpoint Creative Terms and Conditions
1. Estimated figures are as accurate as possible based on to the information available at the time of writing. Estimates are subject to verification and adjustment prior to finalisation of contract. Recommendations arising during strategic consultancy or creative stages may give rise to the need to revise design development, implementation and production fees and costs.
2. Estimates will be valid for a period of 3 months.
3. Order confirmation in writing will be required before commencement of work.
4. Additional work or expenditure resulting from revision of the design brief will be charged as extra. Out-of-pocket expenses, if not included in the estimated fee, will be invoiced to the client at cost plus handling fee.
5. All invoices will be payable net 30 days from date of invoice. Any queries must be received, in writing, within 5 days of receipt of invoice.
6. All prices are subject to VAT at the current 23% rate, unless deemed otherwise by the VAT authorities.
7. For one-off projects a deposit of 50% of the agreed price will be payable prior to commencement of work, with the remaining 50% payable within 30 days of completion invoice date. Should the client wish to cancel a project after commencement of work, the deposit of 50% of the agreed price will be retained by Midpoint Creative as cancellation fee. Any commercial use of work completed on cancellation is strictly prohibited and remains the intellectual property of Midpoint Creative.
8. For term projects (retainer projects) work done will be charged for and invoiced on a monthly basis or on completion of each project stage, whichever is the earlier. Payments for agreed monthly fees must be made to Midpoint Creative on a monthly basis will be due in advance. If at any stage in the term of the agreement the Midpoint Creative does not receive payment from the Client on the agreed day of any month, work will cease on all services until due payment has been received.
9. All materials designed and produced remain the property of Midpoint Creative until all accounts are paid in full.
10. Upon final payment, clients will be provided with completed artwork files of the designs in the agreed file formats, depending on the specifications of the project.
11. Original Source Files (Work Files) (InDesign, Quark XPress, Layered Photoshop, Original Illustrator Art, etc.) remain the intellectual property of Midpoint Creative. These files can be made available at a fee of 50% of the related/requested project overall fee (excluding third party costs).
12. Copyright in names and designs remain the property of Midpoint Creative until all completed artwork files have been handed over to the Client and the agreed fees have been paid in full. Modification of names and designs in which copyright is retained by Midpoint Creative constitutes a breach of Midpoint Creative’s copyright.
13. Any commercial or marketing use of artwork/designs created by Midpoint Creative is strictly prohibited until completed files have been handed over and full payment has been made as agreed in proposals/contracts unless previously requested and agreed in writing.
14. Midpoint Creative retains the perpetual right to use any material produced in the form of a portfolio.
15. Unless specifically agreed otherwise all matters relating to patent or trademark protection and/or infringement are the responsibility of the client. While we always aim to create original and unique brand names/identities, it will be the responsibility of the client to ensure its clearance and right of use. Any copyright/trademark infringements are purely accidental.
16. Great care will be taken to ensure that there are no mistakes or errors in the final production, however clients are required to check and approve all material prior to going to press or production. Accuracy of colour reproduction in printed material can be ensured only when the selected printer supplies contract proofs. Midpoint Creative will not accept responsibility for errors that come to light after the client has passed proofs.
17. Midpoint Creative will not be liable for any indirect or consequential losses, including loss of revenue, anticipated profits or claims by third parties.
18. The above terms of business are based on the Conditions of Engagement of the Institute of Designers in Ireland and apply to all commissions.