Terms & Conditions

Deposit and Payment

 

The client agrees to pay a non-refundable 25% deposit of the quoted price prior to commencing any job. The final balance of the quoted amount is due prior to the delivery of the finished artwork or website going live.

 

No artwork will be delivered until the full payment has been made.

 

The artwork, website, and graphics remain the property of Mountain House Creative until all outstanding accounts are paid in full.

 

Payment can be made by Direct Deposit. Account details are located on the invoice.

 

Payments of ‘ongoing contract work’ invoices issued must be paid in full 14 days following the date of the invoice. Mountain House Creative reserves the right to impose a credit limit at any time.

 

Interest will be charged at a rate equal to the standard commercial overdraft rate applied by Mountain House Creative bankers plus 2% on all amounts outstanding from the customer to Mountain House Creative Limited after the due date for payment for such amount or amounts.

 

Supply may be stopped on overdue accounts and the debt may be passed on to an appropriate agency for collection and the customer is liable for any collection fees.

 

Cost of debt recovery - The costs of debt collection are payable by the customer and/or guarantors. The customer and guarantors agree to reimburse Mountain House Creative for all costs reasonably incurred by Mountain House Creative in recovering payments due from the customer and/or guarantors including but limited to legal costs assessed on a solicitor and client basis.

 

 

Pricing

 

All prices are in New Zealand Dollars ($NZD) and subject to GST.

 

Prices are subject to change without notice.

 

Website package pricing does not include web hosting and domain registration unless stated. These fees are payable directly to the provider. (WIX). Mountain House Creative will create the accounts on the client's behalf. All prices will be detailed and discussed with the client at the outset of the project.

 

 

Quoting

 

Quotes are valid for 28 days.

 

Quotes only include printing or delivery costs where indicated.

 

Additional concepts, alterations or work not specified in the original proposal will be re-quoted or charged at an hourly rate of $90 + GST.

 

 

Copyright/Ownership

 

The client will have reproduction rights after the project has been paid in full and delivered to the client.

 

Mountain House Creative reserves the right to use the artwork, at any stage of the design process, for marketing purposes.

 

Mountain House Creative reserves the right to use elements of the design in other projects. This includes elements that are not exclusive to the design such as fonts, stock images, or aspects of illustration.

 

Mountain House Creative reserves the right to display a small text link (12pt) to their own website, on the bottom of the client’s website.

 

 

Submission of Artwork, Data and Content by the Client

 

The client is responsible for the submission of accurate artwork, data or content. Mountain House Creative takes no responsibility for errors in the submitted artwork, data or content.

 

The client must own the copyright to any supplied images or photographs.

 

Mountain House Creative will assume the client owns the copyright of the image or photograph in use, and will not be held liable for any accusations regarding the unauthorised use of an image, artwork or photograph.

 

 

Cancellations

 

In the event of a cancellation, ownership of original artwork and all copyrights will remain under Mountain House Creative. The initial 25% deposit is non-refundable and will act as a cancellation fee.

 

 

Turnaround and Communication

 

Turnaround times vary depending on the project. Mountain House Creative will aim to meet all deadlines; however, will not be held liable for any loss due to late artwork, data or content submissions.

 

All communication will be done via email. Throughout the design process, it is important that communication is constant to ensure the completion of tasks at a reasonable pace. Failure to communicate in a timely manner (within 2 business days) may result in a project being put on hold until the next available opening.

 

If Mountain House Creative does not hear from a client within 21 business days, that client’s project will be considered abandoned and cancelled without notice. Work on the project will cease and payments made will not be refunded, nor will design files be delivered. Please contact Mountain House Creative if there is a known break in communication to reschedule an ongoing project.

 

 

Artwork Approvals, Colour Variations and Printing

 

Mountain House Creative takes care to avoid any errors throughout the design process. Once the artwork is approved by the client, the decision is final and Mountain House Creative takes no responsibility for any mistakes. It is the client’s responsibility to check all information. Please take time and consideration, checking all spelling, grammar, phone numbers, addresses and other important changes. Mountain House Creative cannot offer refunds or reprints for mistakes.

 

There may be some colour variations between different computer screens, different printers, and even different print runs. This is due to the nature of CMYK printing as well as varied screen and print settings, and choice of stock (paper). Always request a printed proof from your printer if you are concerned about colours.

 

 

Completion Dates and the Delivery of a Project

 

Mountain House Creative and the client must work together to complete the project in a timely manner. We agree to work efficiently to deliver a project by the agreed date, provided the client has submitted all necessary content and materials. If the client does not provide Mountain House Creative with the necessary content and materials within 30 days of an effective agreed date, the entire deposit amount will be retained by Mountain House Creative and the contract shall be void.

 

 

File Storage

 

It is the client’s responsibility to file and store their files. Mountain House Creative will not take responsibility for any missing or damaged files once the project has been completed and delivered to the client.

 

 

Privacy

 

All correspondence is treated as confidential. Mountain House Creative reserves the right to use the designs as part of marketing, portfolio work, and other promotional activities.

 

No information will be sold or given to third parties.

 

No banking details will be recorded or stored.

 

 

Website Information

 

Mountain House Creative uses WIX software for all website design. Mountain House Creative takes no responsibility for any errors caused by WIX or third party web developers.

 

Mountain House Creative endeavours to ensure all websites run error-free; however, we accept no responsibility for losses incurred due to malfunctions within the website or its code.

 

Mountain House Creative aims to design websites that display acceptably across popular and current web browsers. We cannot accept responsibility for pages, which may not appear correctly in newer versions of browsers released after the site has gone live.

 

 

Domain Registration, Domain Hosting, Renewal and Back-Up

 

It is the client’s responsibility to register and maintain their domain name. Mountain House Creative will manage the initial domain name registration but it is the client’s responsibility to ensure that the membership is renewed annually.

 

It is the client’s responsibility to register and maintain web hosting services. Mountain House Creative will manage the initial hosting registration with WIX but it is the client’s responsibility to ensure that annual payment is maintained.

 

Whilst Mountain House Creative can recommend hosting companies for a client’s website, no guarantee can be made as to the availability or interruption of this service. Mountain House Creative cannot take any responsibility for losses caused by the unavailability, malfunction or interruption of this service, or for the loss turnover, sales, revenue, profits, or indirect, consequential loss.

 

In the case the client is given the login details to the administration dashboard of the website, the client is then responsible for any malfunctions that may occur due to misconfiguration of the website. If there is a need to fix errors caused by this misconfiguration of the website, the client will be charged at an hourly rate.

 

It is the client’s responsibility to maintain the necessary back-up’s and to file and store their files.

 

​

Termination of Service

 

Mountain House Creative reserves the right to terminate our services if any of the above conditions are breached.

 

If there is any amount overdue for more than a 21 day period, Mountain House Creative reserves the right to close the account and suspend all services until the full amount has been paid.

 

Mountain House Creative reserves the right to refuse to handle in any form or manner, material that may be deemed offensive, illegal, or controversial, and to terminate services should the situation arise.

 

 

Liability

 

Printed Material

 

The client will provide written sign off before any artwork is sent for print. Mountain House Creative hereby excludes itself from all and any liability involving:

 

• Loss or damage incurred by inaccuracy.

• Loss or damage incurred by delay or error.

• Loss or damage incurred by third party dealings.

 

 

Websites and Online Material

 

Mountain House Creative hereby excludes itself from all and any liability involving:

 

• Loss or damage incurred by inaccuracy.

• Loss or damage incurred by delay or error.

• Loss or damage incurred by third party dealings.

• Loss or damage to clients’ artwork or photos contained within the website.

• Loss or damage caused by any decision, refusal or positioning results made by search engine services or Internet directory services.

• Loss or damage due to the downtime of any servers.