Terms and Conditions

1. General

Below are Mintyy’s standard terms and conditions. It is vital that you (THE CLIENT) take the time to read and understand, ensuring you fully understand these terms and conditions and their implications before you commence any projects with Mintyy. This is to ensure the trust between both THE CLIENT and Mintyy’s expectations are met, outlined through a written agreement. Please be aware that whilst we will always endeavour to contact you with our updated Terms and Conditions, from time to time the Terms and Conditions of Mintyy may be altered by us without any notice. Please contact us if you have any inquiries about the Terms and Conditions within this document. By accepting our quote or commencing work with Mintyy you are agreeing to all Terms and Conditions outlined in this document.

2. Communications

Mintyy can be reached by phone, email, or online communication (via Facebook, Instagram, LinkedIn or Slack) from Monday to Friday between 9am (AWST) – 5pm (AWST). On the occasion that communication within these hours isn’t suitable for you, we shall be happy to make arrangements around your schedule for communication regarding your projects. All work requests must be in clear, concise writing, via email. This means that THE CLIENT and Mintyy can look back over emails for clarification if needed. Client revisions should be, to avoid any confusion, in a single document or email (if possible), in a legible, easy-to-understand manner. Changes sent through in 10 different emails in a disorganised or hard to understand manner will result in confusion on both sides.

3. Payment Terms

THE CLIENT agrees to pay a 50% upfront payment of the quoted amount before commencing any work. If work undertaken exceeds the deliverables specified in the quote/invoice, THE CLIENT agrees to pay the appropriate fees for the excess work. Any jobs that need attention immediately will include additional fees at the discretion of Mintyy based on the scale of the project and time limit. All payments are non-refundable; in case of a “change of mind” or any chances of cancellation this payment is again non-refundable. The upfront payment accounts for the time used to cover concept, designing, any resources purchased/allocated, as well as administration costs. We will not transfer any rights to the design or website if the full payment has not been made. The upfront payment is due before the commencement of any work. No work will be sent to THE CLIENT until the full payment is received. Payments are made by electronic bank transfer. All payments must be made within 30 days after the date of the invoice, failure to pay the full payment within the 30 days will incur an additional late payment fee equivalent to 10% of the project cost for each week payment is outstanding.

4. Force Majeure

Mintyy shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Mintyy including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, quarantine, lockdown, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, pandemics accidents of any kind or act of terrorism.

5. Additional Work

THE CLIENT agrees that if the work exceeds the outlined amount supplied in the original brief, proposal or agreement, they will have to pay the appropriate fees. This is defined as any work involving additions to the list of items defined in the deliverables or any changes to any pieces of finished work after sign-off by an authorised representative of THE CLIENT. If from time to time THE CLIENT requires extra requirements during a project or extra files upon completion of the project, THE CLIENT will be informed that any alterations or changes requested will fall outside the scope of the original estimate. If THE CLIENT wishes these alterations to be made they must agree in writing and with a flat rate fee of $120 AUD per hour or part thereof, or a set price determined by Mintyy after reviewing the scope of the additional work.

6. Moral Rights

In relation to all materials in which copyright subsists produced by Mintyy in the course of providing the Services, THE CLIENT agrees that it will not engage in acts or omissions that are contrary to any of the present or future moral rights of the Designer under Part IX of the Copyright Act 1968.

7. Deadlines

If you have a specific deadline date it is important that you notify Mintyy in the brief and initial discussion stage. We cannot be expected to know of a deadline without being informed. Unexpected deadlines added to the project at any point may incur additional fees. Overdue or late projects will not be considered a breach of contract. Mintyy will strive to meet desired completion dates, but will not be liable in cases of missed deadlines, or if a deadline was not provided, or if THE CLIENT or a third party member of the team was delayed with responses or THE CLIENT did not supply the required content for the project on time or payments/deposits were untimely and delayed the progress of the project (eg; Project has two-week deadline from invoice date and deposit is not made until halfway through the second week of deadline, the payment was made too late and therefore project start has been delayed resulting in no guarantee the work will be completed by original deadline).

8. Project Briefs

Project briefs are essential to understand the structure of your project, from the start to the finish. The brief is the most important part of the project and it determines the direction, creative style and technical approach. All information needs to be included in this brief to allow us to generate ideas for your project. THE CLIENT agrees to spend the necessary time preparing this brief to ensure their requirements are thoroughly explained to begin production of the project. THE CLIENT understands the brief needs to be written thoroughly and outlines in full detail their requirements needed for their project. THE CLIENT must provide references to design requirements, including but not limited to the style of artwork, colours, images, typographic references, and other desired works. THE CLIENT agrees that if a brief is incomplete or lacking information Mintyy cannot be held accountable for undesired results. Mintyy will not be held responsible for any miscommunications/misunderstandings or typographic mistakes in the brief, so please re-read your brief before submission. THE CLIENT understands that any additional information or changes that are requested after the submission of the brief will be liable to extra charges at the discretion of Mintyy and added to the final amount owing upon completion of the project. Additional concepts are always available and will be subject to charges. Unless otherwise negotiated, THE CLIENT must supply text for their project in a text file/Word Doc format at the start of the project as well as all logos, images, and any other material intended for use in the project.

9. Errors & Mistakes

Mintyy will hold NO responsibility for spelling or grammatical errors, typographical errors, or incorrect information on any project. This is THE CLIENT’S responsibility to provide correct text and information to be finalised and proofread before the commencement of any design works. If THE CLIENT requires significant changes to the text used in the design, additional charges shall apply for any extra time spent on changes. Mintyy is not responsible for supplying text or information for your project. No refunds are given after the final design or website is approved by THE CLIENT. Mintyy is NOT responsible for the changes or amendments made after approval. It is the sole responsibility of THE CLIENT to notify and supply changes of any such errors during the revisions before the final designs or website has been published. Mintyy accepts no responsibility for errors or incorrect information on any project that has been approved by THE CLIENT. No refunds are given after the final design/website is approved by THE CLIENT in the case of any errors or mistakes.

10. Copyright and Ownership

All services provided by Mintyy shall be for the exclusive use of THE CLIENT other than for Mintyy’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs or websites created by Mintyy for this project shall be granted. The granting of copyright to THE CLIENT does not include or allow THE CLIENT to use any design proposals, concepts or refinements, or any unused designs, the rights are still retained by Mintyy. THE CLIENT may not claim authorship credit, modify, redistribute or resell any of the artwork/designs created by Mintyy unless otherwise discussed. Resources or materials supplied to Mintyy by THE CLIENT must be free of copyright restrictions and owned or licensed by THE CLIENT for use in design/artwork. The production of any artwork produced inside Australia is automatically deemed as property of the creator/producer in accordance with the Australian Copyright Council. All files including unused concepts, revisions, fonts, photographs, illustrations, native files (Photoshop, Illustrator, InDesign) and website files produced by Mintyy remain the property of Mintyy unless otherwise discussed. THE CLIENT agrees to notify Mintyy if they require the native files at the beginning of the project. Unused concepts and revisions remain the property of Mintyy and may be used in promotional material, design portfolio, or altered and reused in final designs. Mintyy may contract with other creative professionals to provide services such as 3D modelling, photography, and illustration. Any third-party terms and conditions will include full reproduction rights for THE CLIENT. Where such contracting adds to the project cost, THE CLIENT will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement unless requested by THE CLIENT at a later date. THE CLIENT agrees to have permission to use all content they provide to Mintyy. Mintyy is not liable for any intellectual property or copyright infringement from the use of client-supplied material. Mintyy reserves all rights to use stock images and typefaces in the creation of designs if required, costs will be outlined to THE CLIENT prior to the purchase and billed separately. If payment is not received as agreed, all designs, websites and concepts remain the sole property of Mintyy until full payment for the works has been made. If THE CLIENT uses/modifies/alters/ replicates or steals any ideas without making the final payments legal action will be taken.

11. Termination

THE CLIENT understands that should either party decide to terminate this contract THE CLIENT is still liable to pay any invoices that have been issued or are yet to be issued for services already completed. Mintyy may decide to terminate the project if the other party breached the contract — for example, by failing to make payment of invoices due), however, significant effort will be made to resolve pay disputes before termination of the contract is to be initiated. The suspension by THE CLIENT of any work for 30 days shall entitle Mintyy to payment in full for all work completed. Mintyy will not continue to work for any client failing to pay invoices within the agreed time. THE CLIENT will be required to pay charges for work done, and for expenses incurred up to the date of termination. Orders cannot be cancelled except upon the below Miscellaneous terms, which will compensate Mintyy for all work done, resources allocated and materials used till cancellation, as determined by Mintyy.

12. Miscellaneous

THE CLIENT may not release or publish work done by Mintyy before the completion of the project.

Mintyy retains the rights to display, reproduce and distribute designs and results achieved on our website or portfolio and at awards and exhibits.

Mintyy retains the rights to display a small credit link at the bottom of any website built by Mintyy. The link will read “Website by Mintyy” and will link to our website. Should THE CLIENT wish to remove this, we can do so for a small fee at Mintyy’s discretion.

THE CLIENT agrees they will provide 2 weeks’ written notice to cancel the project and that should they cancel, they will not be refunded for the upfront payment.

THE CLIENT agrees to notify Mintyy before the project commences if any portion of any material or information provided by THE CLIENT is confidential.

THE CLIENT agrees that Mintyy will not be held liable for restoration of any design commissioned from Mintyy that has been tampered with or edited by any person outside of Mintyy, resulting in loss of function or quality to the design. If you or anybody you permit edits a final design for the worse and you need to have it restored to its original state, there will be an applied redesign/restoration fee.

Due to the lengthy and costly procedure for registering any form of TM Trademark and © Copyright Mintyy is unable to help with this. You will need to seek legal advice about this procedure. THE CLIENT takes full responsibility to ensure the company/brand/product/name is legally free before work is started. Mintyy is not responsible for any legal issues that may arise associated with a name after the project is complete. No refunds are possible in such situations. Please ensure the name you are using is free and legally safe to use before committing to the project.

THE CLIENT is responsible for storing and backing up their final artwork once it has been received from Mintyy. If a client loses or deletes files delivered by Mintyy they can be re-uploaded or presented to THE CLIENT for a fee at the discretion of Mintyy.

THE CLIENT agrees to indemnify and hold harmless Mintyy from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by the work supplied by Mintyy. Under no circumstances shall Mintyy be liable to THE CLIENT for an indirect or consequential loss suffered by relying on the information included in the supplies prepared by Mintyy (without limitation) loss of profit, loss of contracts, or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for Page 6 delays, out of sequence working, non-productive overtime, award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing. Unless otherwise arranged, design(s) are provided without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non infringement, compatibility, security, and accuracy.

Mintyy retains the right to change their terms and conditions at any time, without notice.

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We acknowledge the Whadjuk Nyoongar people as the Traditional Owners of the lands and waters where Perth city is situated today, and pay our respect to Elders past and present.