TERMS & CONDITIONS.
All clients that work with me must read and agree to the terms and conditions laid out below.
Thanks for reaching out about your project! Before we get started we need to go through a few important points. By entering into a business relationship with Molly Maine Creative, you (the Client) consent to the following terms and conditions:
AVAILABILITY & COMMUNICATION
My working days are Monday to Friday (inclusive), 9:30am – 6:30pm ICT (Indochina Time), excluding UK bank holidays.
I communicate with Clients during the above hours via EMAIL and am not required to respond to communications out of these hours or by any other means unless pre-arranged and agreed upon in advance.
I offer all clients a one hour free consultation call at the start of every project to discuss the scope of work. Following this, I offer all regular Clients up to a maximum of 30 minutes of pre-scheduled phone call time per week free of charge. Phone calls must be scheduled at least 24 hours in advance and I am not required to answer phone calls or text messages at un-scheduled times (this includes Skype and Whatsapp calls, text messages and voice messages). The time of call begins at the time that has been pre-agreed between the Client and myself. If the Client is late for a call, they must arrange a new time for the call; I am not required to answer late calls.
Any additional calls that exceed my gratis 30 minute weekly call will be billed at my hourly rate. If a change to the time/date of call is requested by the Client with 24+ hours notice, I will do my best to accommodate and arrange a new time where possible within 3 days of the original call. Calls abandoned by the Client or cancelled / changed with less than 24 hours notice will be classed as 'Cancelled Calls'. I reserve the right to bill the Client for any 'Cancelled Calls' at the rate of 30 minutes / my hourly rate.
If I need to change or cancel the time of a call I will do my best to give at least 24 hours notice to the Client and will offer a new time slot within 3 working days of the cancelled call.
I make every effort to arrange my calls to be in a quiet environment with a stable internet connection. If the Client in unable to provide an equally quiet and stable environment for the call and/or if communication unclear, I reserve the right to cancel the call.
Timeframe & delivery
I make all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If I am experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time. I will save design files to Google Drive for Client review or send to the Client as an email attachment. The Client will provide feedback on the draft design.
I will review feedback and update the design as needed. I will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.
Once the Client has approved the design, the Client will pay any balance owed to me, and I will deliver the final file(s).
All requested formats of the approved design will be saved to Google Drive download, or sent directly to the Client via WeTransfer. I will not maintain an archive of Client files, so Clients must download and maintain their files.
Copyright & trademarks
I create bespoke designs, and make every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, my liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.
The Client unconditionally guarantees that any design element – text or graphic – provided to Molly Maine Creative for inclusion in the design does not violate any copyright or trademark laws. I will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will protect Molly Maine Creative from any claim arising from the use of content furnished by the Client. I retain the right to display designs in my portfolio and on my website, unless exclusion is explicitly requested and agreed upon in writing with the Client.
Any and all revision requests, updates, corrections, additions or variations MUST be furnished to me in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.
The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with me explicitly and clearly in writing.
Unless otherwise agreed, I will complete a maximum of THREE revision stages to the Client's project included within the quoted project price. Revision requests are to be made within SEVEN days of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at my hourly rate.
The total project quote or rate provided by Molly Maine Creative is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, I reserve the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.
DEPOSITS & PAYMENTS
All projects under £300 are to be paid in full before the start of the project. All projects over £300 will require 50% deposit, and the balance paid in full before delivery of the final design files. All work remains the property of Molly Maine Creative until final payment is received. Client may not use or distribute any works until paid for in full.
Trusted clients requiring long term and ongoing design work may be placed on a monthly billing cycle upon request. Clients on monthly billing will be invoiced on or around the last day of each month and must pay the invoice within 30 days of receipt.
Online payments should be sent by bank / wire transfer to my UK bank account, details of which will be provided on my invoice.
If the Client prefers instead to pay using Paypal, a 2.9% fee will be added to the total amount, to cover the fees that Paypal charge me.
Design and illustration services involve significant specialisation and expertise, therefore design projects should be regarded differently than a manufactured product. My rates ensure appropriate compensation for my time and expertise.
All quotations given are estimates only, unless otherwise negotiated and noted in writing on a Client contract. Assuming no additions have been made by the client over the course of the project, the final invoice will not exceed the quoted amount by a margin of over 5% without prior notification and written authorization by the client.
I bill all clients in UK pounds sterling (£). Any currency transfer fees will be paid for by the Client.
All invoices are payable on receipt and must be settled within 30 days. After 30 days, a late payment charge equivalent to 2% of the outstanding balance is applied to all delinquent Client invoices, without exception. If the Client remains in default after 60 days, an additional 2% of the outstanding invoice balance is applied as a late payment charge.
If the Client remains in default after 60 days, I will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.
If a Client’s payment is charged back to me by way of credit card fraud, cheque fraud or other crime, I will issue a final warning by email before turning the account over to a third-party collections agency or appropriate legal authority.
Clients are responsible for all late fees and costs incurred for reporting to collections. If collection efforts are unsuccessful, I will engage the Client in litigation to collect the debt, and all copyright will remain with Molly Maine Creative. The Client will forgo all rights to use my designs in manner, and legal action will be taken to enforce this policy.
A project shall be considered abandoned after 60 consecutive days have passed since the last communication received from the Client. In all abandoned projects, deposits are forfeit without option for reclamation. Any renewal of the project after termination will require a new agreement, fee schedule and deposit.
Molly Maine Creative's web server automatically recognises a visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about a visitor. I may use this information to examine web traffic and campaign performance. I do not automatically record e-mail addresses or any personal information of its website visitors.
Sensitive Information Disclosure
Any hosting account information, FTP information, or domain registrar account information provided to Molly Maine Creative will be kept confidential. It will be used only for the purposes of setting up a Client website, managing a Client website, providing technical support, or other purposes established in writing with Molly Maine Creative.
Molly Maine Creative will only disclose Client information or IP address when required by law or in good-faith belief that such action is necessary to:
1. Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Sage Media,
2. Protect and defend the rights or property of the Molly Maine Creative website and related properties, or visitors to the Molly Maine Creative website and related properties.
I use every reasonable precaution to keep Client information secure, and will not be held responsible for breach of security or the actions of any third party that receives information. I am not responsible for such third party privacy policies or how they treat information about their users.
YOUR CONSENT TO THIS AGREEMENT
By using the Molly Maine Creative website and/ or engaging in business with Molly Maine, you consent to the terms specified above. Molly Maine Creative reserves the right to modify these Terms and Conditions at any time.
This web page will reflect the latest Terms and Conditions. In the event there is a discrepancy between a digital or printed version of these Terms and Conditions and this web page, the Terms and Conditions on this web page take precedence.
In the event that a Client’s Terms and Conditions conflict with those out here, this web page shall be considered to be the authoritative one, unless a separate contract has been negotiated and signed between Molly Maine Creative and the Client.
Please send any questions about Molly Maine Creative Terms and Conditions to
Updated January 2020.