Terms & Conditions

Created on: Sat, July 01, 2006
Last edited: Thu, May 31, 2007

All rights in and to this website and its constituent parts are hereby reserved and, except as provided herein, no part of this website may be used for any reason or reproduced in any manner, whether by paper, electronic means or any other method without the express written consent of Moja Creative. All Trademarks are the property of their respective owners. All public entity logos are used with permission and may not be reproduced, copied, or transmitted. All other images are copyright Moja Creative and may not be reproduced, copied, or transmitted without prior consent.

Permission is hereby granted for the following purposes only:

to transport these pages through any network media using the HTTP Hypertext Transport Protocol for temporary storage for the purposes of reading these pages;

to refer to these pages from other pages via Uniform Resource Locators (URLs); and

to print individual informational pages in hard copy format only for private use.

These pages may not be copied for any other reason, nor may they be permanently stored on any system other than moja.com.au that is capable of retrieving them via HTTP. Copies of these pages may not be modified under any circumstances, except for visual formatting in accordance with the HTML specification.

All materials on moja.com.au are provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Moja Creative be liable for any incidental, indirect, special or consequential damages whatsoever (including but not limited to lost profits) arising out of or related to any information contained herein. Moja Creative reserves the right to make changes to any materials on moja.com.au, and to make improvements and/or changes to this site at any time and without notice.

Trading Terms

Moja Creative’s (herein known as ‘The Company’) normal trading terms are payment on delivery, we reserve the right to vary these terms. On larger projects we may ask for part payments of which we will agree with you before commencing the project. Cheques are accepted, and should be made payable to “Moja Creative”. If paying by cheque four working days must be allowed before goods are dispatched.

All major credit cards can be accepted. Credit/debit cards will not be processed until date of despatch. Please DO NOT fax or email us your credit card details, credit card payments can be made via our secure payment page.

Credit terms may be arranged for regular customers. In these cases Terms are strictly Net 14 days from date of invoice subject to suitable references and agreement with our trading terms described herein.

We reserve the right to add implement the Statutory Interest for Late Payment of Commercial Debts. In cases where accounts are regularly overdue we reserve the right to withdraw credit facilities.

Copy Supplied

Any typesetting/artwork produced by Moja Creative will be supplied in proofing media such as: hard copy, PDF files via email or fax copies. The Company will take great care to ensure all proofs are correct before delivery to the customer. However, it is the customer’s responsibility before signing-off any such proofs to check thoroughly for any errors or omissions. The Company cannot be held responsible for errors once proofs have been signed-off. The Company will, however act reasonably should any instance, as outlined, occur.

Hand Written Copy

Any hand written copy that is supplied for typesetting which is found to have been incorrectly set due to the quality of the original handwriting, and is subsequently returned for corrections will be charged at the full rate as the original job.

Artwork Design

Preliminary or design work produced, whether experimentally or otherwise at the customer’s request will be charged for.

Proofs

Customer’s or Author’s corrections after final proof, including alterations in style, format or layout, will be charged extra. No responsibility will be accepted by the Company for any errors in proofs submitted to the customer for approval.

Colour Accuracy

Please be aware that some print items are printed in bulk with multiple orders on each run, because of this there will be colour variation from run to run. No re-runs at our cost will be entered into. If you must have colour matching it is imperative that you supply a colour sample for us to try and colour match. For exact colour matching you must pay for a stand alone job. Please contact us to discuss your options should you require specific colour accuracy.

Preliminary Work

Work carried out whether experimentally or otherwise, at the customer’s request will be charged.

Illegal Matter

The Company shall not be required to process any matter which in their opinion is or may be of an illegal or libelous nature.
The Company shall be indemnified by the customer in respect of any claims, costs and expenses arising from any libelous matter processed for the customer or any infringement of copyright, patent or design.

Delivery and Payment

Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass and payment become due.
Should expedited delivery be agreed and necessitate overtime or other additional cost, an extra charge may be made.
Should work be suspended at the request of, or delayed through the default of the customer for a period of 30 days the Company shall then be entitled to payment for work already carried out and materials used or specially ordered.
All delivery fee’s are non refundable, NO EXCEPTIONS.

Claims

Claims arising from the damage, delay or partial loss of goods in transit must be made in writing to the company within three days of delivery and claims for non-delivery within 28 days of despatch of the goods. All other claims must be made to the Company in writing within five days of delivery. In the event of the customer failing to make such claims to the Company within the times herein stated the customer will not be entitled to recover any damages, loss or compensation from the Company or and shall be liable to pay the full invoice price for goods/work. In the event of the Company at the request of the customer dispatching goods by post or by independent carrier the posting or the delivery of the goods to the carrier shall be deemed to be the delivery to the customer and the customer shall not be entitled to make a claim against the Company in respect of damaged and/or partial loss of goods in transit or for non-delivery so long as such goods have been posted or delivered to the carrier as aforesaid.

Liability

The Company shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to you arising from delay in transit.
Where work is defective for any reason. including negligence, the Company’s liability (if any) shall be limited to rectifying such defect.

Customer’s Property

Customer’s property supplied to the Company by or on your behalf will be held, worked on, and carried at customer’s risk.

General Lien

Without prejudice to other remedies, the Company shall in respect of all unpaid debts due from the customer have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.

Force Majeur

Every effort will be made to carry out the contract, but its due performance is subject to cancellation by the Company or to such variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond our control.

Law

These conditions and all other express terms of the contract shall be governed and construed in accordance with the law.

Copyright

Once the artwork has been finalised and supplied to the client, the client will gain full copyright of the final design. We will however retain copyright on all rejected and interim designs. We also retain the right to use the final design and/or rejected and interim designs in our online or offline portfolio or advertising. From submission of a set of initial or revised designs, we can only guarantee that these designs will be available for a period of 14 days. After this if we receive no communications or instructions from the client we reserve the right to use the designs in whole or part for other projects. In circumstances where we have used a design for another project, we will offer a replacement design at our discretion.

Refunds & Returns

Print and design services are non refundable. All printed materials are compared to the customers final signed off proof. It is the customers responsibility to check all proofed artwork for errors. Any errors discovered after artwork being committed to press are the customers responsibility. Print jobs that are deemed not to be in agreement with the final proof issued to the client will be reprinted at The Companies expense.

Goods and Services Tax

The Company shall be entitled to charge the amount of goods and services tax payable whether or not included on the quotation or invoice.