Terms & Conditions

GENERAL
All work is carried out by Munchkin Designs and Collaborations on the understanding that the client has agreed to Munchkin Designs terms and conditions. Copyright is retained by Munchkin Designs on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Munchkin Designs. All other designs remain the property of Munchkin Designs, unless agreed in writing that this arrangement has been changed.

 

Project Acceptance
At the time of proposal, Munchkin Designs will provide the client with a written estimate or quotation. The terms and conditions can be read on this publication. The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept Munchkin Designs terms and conditions. No work on a project will commence until acceptance of the quotation has been received by Munchkin Designs.

 

Payment
All new clients are required to pay in full prior to Munchkin Designs commencing work.
Payments may be made through PayPal, Zelle, Venmo and CashApp. Publication and/or release of work undertaken by Munchkin Designs on behalf of the client may not take place before cleared funds have been received. Munchkin Designs reserves the right to consider an account to be in default in the event of a returned check.

Default
An account shall be considered default if it remains unpaid for 10 days from the date of invoice, or following a returned check.
Munchkin Designs shall be considered entitled to remove Munchkin Designs and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Munchkin Designs reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

 

Copyrights and Trademarks
By supplying text, images and other data to Munchkin Designs for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Munchkin Designs on behalf of the client, will remain the property Munchkin Designs and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from Munchkin Designs the necessary permission to use materials (for which Munchkin Designs holds the copyright) in forms other than for which it was originally supplied, and Munchkin Designs may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Munchkin Designs, the client grants Munchkin Graphics permission to use this material freely in the pursuit of the design. Should Munchkin Designs or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Munchkin Designs to remove and/or replace the file on the site. The client agrees to fully indemnify and hold Munchkin Designs free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

 

Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Munchkin Designs holds no responsibility for any amendments made by any third party before or after a design is published.

 

Licensing
Any design, copywriting, drawing, idea or code created for the client by Munchkin Designs, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Munchkin Designs and any of its relevant sub-contractors. All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Any claim against Munchkin Designs shall be limited to the relevant fee(s) paid by the client.

 

Rights of Refusal
Munchkin Designs will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Munchkin Designs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Munchkin Designs does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow Munchkin Designs to remove the contravention without hindrance, or penalty. Munchkin Designs is to be held in no way responsible for any such data being included.

 

Cancellation
Cancellation of orders may be made by e-mail and will only apply to orders that have not been scheduled. Please Note: Any cancellation not formally confirmed in writing and received by Munchkin Designs within 10 days of order, Munchkin Designs will not be held to refund the full quoted cost of the project.

 

Project Duration
Any indication given by Munchkin Designs of a project’s duration is to be considered by the client to be an estimate. Munchkin Designs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Munchkin Designs for the initial payment or by date confirmed in writing by Munchkin Designs.

 

Disclaimer
Munchkin Designs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.

Munchkin Designs is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Munchkin Designs takes reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Munchkin Designs responsible for missed used of digital product. Any claim against Munchkin Designs shall be limited to the relevant fee(s) paid by the client. Munchkin Designs reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. Munchkin Designs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by Munchkin Designs, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.munchkingraphics.com

An estimate validated by confirmation of approval to proceed with the project by the client by e-mail constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and Munchkin Designs.

 

General
Munchkin Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

CONSULTANCY SERVICES
Responsibility of Munchkin Designs

Munchkin Designs shall perform the services with reasonable skill and care, to a standard to be reasonably expected from a competent and professional supplier of public relations services.
Munchkin Designs agrees with the client to: work diligently to protect and promote the interests of the client at all times; to act loyally and faithfully towards the client in all matters; to advise the client of all its key meetings, discussions and correspondence with representatives of the media concerning the client; and to co-operate where appropriate with any advertising and/or marketing services agencies engaged by the client during the term of engagement. Munchkin Designs may appoint sub-contractors to perform any of the services. Munchkin Designs shall use reasonable care and skill in the selection and appointment of suppliers and the agreement of the terms and conditions of such appointment.

 

Responsibility of The Client
The client will provide Munchkin Designs with all information, assistance, and materials during the design process to facilitate the proper and timely performance of the services when required.

In particular (but without limitation) the client agrees to: notify Munchkin Designs of any inquiries related to the client from any of the media; advise Munchkin Designs well in advance of any major events in the client’s business such as the launch of a new product or service and/or the opening of any new premises; and to permit Munchkin Designs (by its representatives) to attend meetings, when reasonably necessary, with any advertising and/or marketing services agencies and other advisers engaged by the client.

The client warrants that to the best of its knowledge and belief, all information provided by Munchkin Designs is accurate and complete.
The client agrees not to liaise directly to any reasonably significant extent with any representative of the media other than through or with the knowledge of Munchkin Designs.

 

Fees and Additional Costs
Fees shall be agreed prior to commencement of work and will be payable on invoice on our standard terms of 1 day or at due on receipt unless otherwise negotiated between client and Munchkin Designs. Failure to meet payment terms will result in withdrawal of design services by Munchkin Designs.

Additional costs including the use of professional agencies to obtain, print and online media cuttings and clips, and photographers/filmmakers, will be subject to approval prior to any such third party being commissioned by Munchkin Designs.

 

Approvals and Authority
Written approval will be required by the client before any press releases, statements or other written materials are released by Munchkin Designs.
While every effort will be made by Munchkin Designs to give professional advice to the client, the client shall keep Munchkin Designs fully indemnified against any costs, claims, proceedings or demands arising out of or in connection with any press releases, publications or other material prepared for the client by Munchkin Designs and approved by the client prior to publication or transmission. Munchkin Designs will not be liable for any errors in published information it produces on behalf of the client unless this is caused by its default or neglect.

 

Confidentiality
During and after the term of engagement, Munchkin Designs acknowledges its responsibility to treat in complete confidence all the marketing and sales information and statistics relating to the client’s business with which the client may supply Munchkin Designs in the course of any work for the client.

 

CREATIVE DESIGN SERVICES
Charges for creative design services to be provided by Munchkin Designs will be set out in the written estimate or quotation that is provided to the client.
Charges for creative design work do not cover the release of copyright design files including ai, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.

Publication and/or release of work done by Munchkin Designs on behalf of the client may not take place before cleared funds have been received.
All design work will be proofed by the client and written approval given before Munchkin Designs will release it for publication or print. While all efforts will be made by Munchkin Designs to ensure the accuracy of work, no liability can be accepted by Munchkin Designs for errors not highlighted by the client prior to written approval for publication or print.

 

Data Formats
The client agrees to Munchkin Designs definition of acceptable means of supplying data to the company.
Copy is to be supplied to Munchkin Designs through email, any other submission larger that the standard upload quota, will need to be made through a cloud base application. Images must be of a quality suitable for use without any subsequent image processing, and Munchkin Designs will not be held responsible for any image quality which the client later deems to be unacceptable. Munchkin Designs cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images.

 

Design Credits
The client agrees to allow Munchkin Designs to place a small credit in the form of a link to Munchkin Designs own website on the client’s website footer if applicable. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The client also agrees to allow Munchkin Designs to place websites and other designs, along with a link to the client’s site on Munchkin Designs own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

Celi Nava
Designer | Owner
quirky.munchkin@gmail.com