Terms and Conditions
The following terms and conditions apply to all Creative offerings provided by Māui Studios Aotearoa (herein referred to as “Māui Studios”), to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote from Māui Studios, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
We call our contracts, “Treaties” which are carried out as professional agreements and they work the same as contractual agreements. We also also acknowledge that projects do not always require treaties, and may also be carried out based on a hongi agreement. Responsibility is left to the project manager and client(s) engaged to determine and negotiate a fair outcome that both parties agree are acceptable.
3. Services and Conduct
Where Māui Studios performs work for a client, it will ensure that competent and suitably
experienced personnel carry out all work, in a professional manner and in accordance with
appropriate standards. While Māui Studios will make every endeavour to ensure a fully professional approach to all work carried out, Māui Studios shall not be liable for any consequences of the provision of services to the client, except for consequences arising as a direct result of the proven negligence on the part of Maui Studio’s.
4. Charges and Payment Terms
Charges for services to be provided by Māui Studios are defined in the project quotation that the Client receives via email. Quotations are valid for a period of 30 days. Māui Studios reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all projects undertaken by Māui Studios require an advance payment of a minimum of 50% of the project quotation total, before the work is supplied to the Client for review. The remaining 50% percent of the project quotation total is due upon completion of the work, prior to delivery of final content for the clients review, unless otherwise arranged in advance and confirmed in writing.
Milestone Projects require payments as arranged per project plan/contract with client.
5. Client Liaison
The Client agrees to support Maui Studios in carrying out these services in so far as to appoint a single point of contact for all liaison and communication.
Additionally, to provide such information/documents/images as is necessary for Maui Studios to effectively provide the agreed services. Requests for information/documents/images will be made via digital forms such as Google Doc, Project Plan, Online Form Template or a Shared Cloud Storage link.
6. Failure to Provide Content
As a thriving business in Aotearoa, Māui Studios must ensure that projects are carried out to meet milestones and deadline as arranged with the client. Occasionally Māui Studios will have to re-prioritise or reject offers for other client work and enquiries, to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
6.1 Abandonment of Project
If you agree to provide us with the required information at a required time and subsequently fail to do so within 20 days of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition states is, do not give us the go ahead to start your project, until you are ready to do so.
7. Ownership of Final Product
Ownership of the products supplied as part of this service is retained by Māui Studios until payment in full for the service supplied is received.
7.1 Request for Working Files
Upon completion of project and delivery of goods, a project manager will send through final deliverables to the client via cloud storage. The client has 30 days to download content and thereafter we reserve the right to remove the files to free up storage for other projects. We cannot guarantee your files will be stored internally thereafter, therefore we do not accept responsibility for you (the client) not taking the opportunity to download and store files at your own leisure. We are however open to you contacting us requesting the appropriate files and we will let you know if this is possible or not.
8. Unpaid Invoices / Overdue Accounts
Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of 2% of the outstanding balance per month of the total amount due. Invoices do not expire.
All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment. We will inform you of these costs beforehand, before you agree to them.
As per clause 8 above, any accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Māui Studios' hosted domains, Māui Studios will, at its discretion, remove all such material that it retains ownership of (refer clause 7).
Māui Studios is not responsible for any loss of data or revenue incurred due to the removal of the service.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Clients with accounts in default agree to pay Māui Studios reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Māui Studios in enforcing these Terms and Conditions.
9. Additional Expenses
The Client agrees to reimburse Māui Studios for any additional expenses necessary for the completion of the work. This may include, but is not limited to, additional goods beyond scope of initial agreed deliverables. This may be unexpected travel costs, software licenses, digital fonts or programmes that fall outside of initial brief. We will inform you of this before going ahead with the new project scope.
10. Web Browsers
Māui Studios makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, etc.). Client agrees that Māui Studios cannot guarantee correct functionality with all browser software across different operating systems. Māui Studios cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. This is at stake of the platform developers themselves. As such, Māui Studios reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Phone or text requests for termination of services will not be honoured unless confirmed in writing or negotiated and agreed otherwise. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
12. Privacy Act 1993
The Client and the Guarantor/s (if separate to the Client) authorises Māui Studios to:
a) collect, use and retain any information about the Client, for the purpose of assessing the
Client’s creditworthiness or marketing products and services to the Client; and
b) disclose information about the Client, whether collected by Māui Studios from the Client
directly or obtained by Māui Studios from any other party, to any other credit provider or
any credit reporting agency for the purposes of providing or obtaining a credit reference,
debt collection or notifying a default by the Client.
All Māui Studios services may be used for lawful purposes only. You agree to indemnify and hold Māui Studios harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Māui Studios the rights to publish and use such material.
The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
The Client is further responsible for granting Māui Studios permission and rights for use of the same and agrees to indemnify and hold harmless Māui Studios from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
Agreed treaties for website design and/or placement shall be regarded as a guarantee by the Client to Māui Studios that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
15. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in Pdf, .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Māui Studios to return to the Client any images or printed material provided for use in creation of the Client's project deliverables, such return cannot be guaranteed.
15.2. Individual Consent Forms
If Māui Studios undertakes a project that engages person(s) to be involved in film and media for client projects, we will have them fill out this form to keep on our records.
www.mauistudios.co.nz/consent-form. Our terms for voluntary consent can be seen in this link.
16. Post-Placement Alterations
Māui Studios cannot accept responsibility for any website alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Māui Studios may purchase domain names on behalf of the Client where requested to do so.
Payment and renewal of those domain names is the responsibility of the Client. The loss,
cancellation or otherwise of the domain brought about by non or late payment is not the
responsibility of Māui Studios. The Client should keep a record of the due dates for payment to
ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's e-signature and/or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Māui Studios hereby excludes itself, its Employees, Suppliers and Contractors from all and any
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the project
Loss or damage to clients' artwork/photos, supplied for the project. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Māui Studios to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.