1. Introduction
These Terms and Conditions (“Agreement”) govern your use of the services provided by MetaGraphics (“we,” “our,” “us”) through our website metagraphics.com.au (“Website”). By engaging with us for design services, you (“Client,” “you”) agree to the following terms. If you do not agree with these Terms and Conditions, please refrain from using our services.
2. Services Provided
MetaGraphics offers design services, including but not limited to:
- Mural Design
- Mural Installation
- Graphic design
- Branding and identity development
- Website design and development
- Print materials design
- Social media design and content creation
- Other design services as requested
3. Scope of Work
Upon request, we will outline the specific services to be provided in a project proposal or agreement. The scope of work will specify the deliverables, deadlines, payment terms, and any other relevant details.
4. Client Responsibilities
To ensure successful project completion, the Client agrees to:
- Provide clear instructions and specifications.
- Supply necessary materials and assets (e.g., logos, content, images).
- Approve designs and revisions in a timely manner.
- Respond to communication requests in a timely manner.
5. Fees and Payment
- Fees for design services will be outlined in the project proposal or agreement.
- A deposit (typically 50%) may be required upfront before project commencement, with the balance due upon completion.
- Payments must be made via the methods specified in the invoice (e.g., bank transfer, credit card).
- Late payments may incur a fee and project delays.
6. Revisions
Our design services include a set number of revisions as agreed upon in the project proposal. Additional revisions beyond the agreed amount may be subject to additional charges.
7. Delivery and Timelines
We aim to deliver designs within the timeline specified in the project proposal. Delays may occur due to factors outside our control. The Client agrees to notify us promptly of any changes in the project scope, which may affect deadlines.
8. Ownership and Usage Rights
- Upon full payment, the Client will own the final design files.
- MetaGraphics retains the right to showcase the designs in our portfolio, on our website, and in marketing materials unless otherwise agreed.
- We grant the Client a non-exclusive, non-transferable license to use the final design for the purposes outlined in the agreement.
- The Client may not use the design in ways not outlined in the agreement without obtaining our prior written approval.
9. Client Approval
Once the design work has been completed, we will seek approval from the Client. If the Client does not provide feedback or approval within a reasonable period (e.g., 14 days), we may consider the project complete and invoice the Client for the remaining balance.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project, including but not limited to business plans, strategies, and other client-specific data.
11. Termination
Either party may terminate this agreement with written notice. In the event of termination:
- The Client will be required to pay for any completed work.
- The Client will not be entitled to receive any completed deliverables until payment is made.
- We will not refund any payments made prior to termination.
12. Limitation of Liability
MetaGraphics will not be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use the designs. Our total liability for any claims related to the project will be limited to the amount paid by the Client for the specific design service.
13. Indemnification
The Client agrees to indemnify, defend, and hold harmless MetaGraphics from any claims, damages, or expenses (including legal fees) arising from the Client’s use of the designs or any materials provided to us that infringe upon the rights of third parties.
14. Third-Party Services
We may work with third-party service providers (e.g., printers, web hosting services) to fulfill certain project requirements. We will not be responsible for any issues arising from these third-party services unless explicitly agreed otherwise.
15. Governing Law
This agreement is governed by the laws of the state of [State, e.g., Queensland, Australia] and any disputes will be resolved in the courts located in [Location].
16. Changes to Terms and Conditions
MetaGraphics reserves the right to update or amend these Terms and Conditions at any time. Clients will be notified of any significant changes, and continued use of our services will constitute acceptance of the updated terms.
17. Contact Information
For any inquiries or to discuss a project, please contact MetaGraphics:
- Email: james@metagraphics.com.au
- Phone: 0450 646 784
- Address: 20 Evergreen St Bracken Ridge Qld
18. Acknowledgment
By engaging with MetaGraphics for design services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
19. Mural Design Liability
- Scope of Mural Design: Metagraphics provides mural design services for indoor and outdoor spaces as outlined in the project proposal.
- Surface Preparation: The Client is responsible for ensuring that the surface to be painted is properly prepared, cleaned, and suitable for mural application. MetaGraphics is not liable for issues related to the surface condition or any pre-existing damage.
- Durability and Maintenance: While we use high-quality materials, murals, especially those located outdoors, may be subject to environmental factors such as weather, UV exposure, and pollution. MetaGraphics is not liable for the following:
- Fading of colors due to sunlight, weather exposure, or other environmental conditions.
- Blistering, peeling, or cracking of paint due to temperature fluctuations, humidity, or surface-related issues.
- Damage caused by vandalism, accidental contact, or general wear over time.
- Maintenance and Care: The Client acknowledges that regular maintenance may be required to ensure the longevity of the mural. MetaGraphics recommends periodic cleaning and protective coatings as needed.
- Warranty: No warranties are provided regarding the long-term durability of the mural, unless specified in writing in the project agreement.
20. Copyright and Ownership of Concepts and Images
- Unused Concepts: All design concepts, sketches, drafts, and preliminary work created by MetaGraphics, even if not selected or used by the Client, remain the intellectual property of MetaGraphics. The Client agrees that they will not use, reproduce, or distribute any such unused concepts without the express written permission of MetaGraphics.
- Copyright of Images on the Website: All images, graphics, logos, artwork, and design elements featured on the MetaGraphics website metagraphics.com.au, including but not limited to portfolio pieces, case studies, and promotional materials, are protected by copyright and remain the sole property of MetaGraphics. These images may not be reproduced, redistributed, or used in any manner without the express written permission of MetaGraphics.
- License to Use Final Designs: Upon full payment for design services, the Client is granted a non-exclusive, non-transferable license to use the final, completed designs for the intended purposes outlined in the project agreement. This license does not extend to the use of any unused concepts or any part of the website’s imagery or content.
- Protection of Intellectual Property: The Client agrees not to claim ownership or any rights to the unused concepts, sketches, drafts, or any part of the images from MetaGraphics’ website without prior written consent.
