Full Terms and Conditions
These are the main terms and conditions of business under which Moriarti Design and Marketing Limited ("Moriarti") will undertake design and consultancy work ("the Services") for you ("the Client"). If there are other terms and conditions you require to agree with Moriarti you must ensure these are confirmed in writing by Moriarti before any work in commenced.
Moriarti’s Fees are exclusive of VAT. These fees apply to work carried out for the Services agreed between the Client and Moriarti. They are specific for each project or piece of work undertaken and will be agreed in advance; any further project or piece of work will be subject to separate fee arrangements.
Project Fees & Payment Terms
Charges for design services to be provided by Moriarti, will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, Moriarti will invoice 50% of the total quoted Services fees at the start of each Client project. The remaining 50% of the Services fee will be invoiced upon delivery of approved design, artwork or in certain cases upon completion of the Services as may be specified and agreed to by Moriarti and Client.
Moriarti’s Fee invoices, and Purchases and Expenses invoices, are payable no later than 30 days after the invoice date. There are two fundamental principles on which the Moriarti/Client financial relationship is based:
i) Moriarti shall finance its own operations, but not costs incurred on behalf of its clients
It is therefore essential that Moriarti is paid by the Client within the 30 days period.
Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month above the Bank of England’s base rate of the outstanding amount. Payments may be made by cash, cheque, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.
Publication and/or release of work completed by Moriarti on behalf of the client, may not take place before cleared funds have been received.
Changes to the Services
Once Moriarti has started work on any agreed Services, if the client decides to cancel or put on hold the delivery of these Services for whatever reason, Moriarti shall be entitled to invoice the client for all fees and costs incurred up to the point that the agreed Services was cancelled or put on hold.
The Client agrees that changes required over and above the estimated Services or required to be carried out after acceptance of the draft design will be liable to a separate charge. The Client also agrees that Moriarti holds no responsibility for any amendments made by any third party, before or after a design is published.
A Client account shall be considered default if it remains unpaid for more than 30 days from the date of invoice, or following a returned cheque. Moriarti shall be considered entitled to remove both Moriarti and/or the Client's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for Services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, subcontractors, printers, photographers and libraries. Removal of such materials does not relieve the Client of it's obligation to pay the due amount. Clients whose accounts become default agree to pay Moriarti reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
All intellectual property rights (including copyright, registered and unregistered design rights, rights in trademarks and and inventions (whether patented or not)) in all artwork, copy and other work ("the Work") produced for the Client by, or assigned to, Moriarti, for the Client belongs to Moriarti.
On the payment in full of all outstanding invoices in respect of the Services, Moriarti grants to the Client a express copyright and design right (registered and unregistered) licence to copy (in the case of the copyright licence) and duplicate (in the case of the design right licence) the Work for the purposes it was intended.
By supplying text, images and other data to Moriarti for inclusion in the Work produced for the Client, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Moriarti on behalf of the Client, will remain the property of Moriarti and/or it's suppliers. The Client may request in writing from Moriarti, the necessary permission to use materials (for which Moriarti holds the copyright) in forms other than for which it was originally supplied, and Moriarti may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Moriarti, the Client grants Moriarti permission to use this material freely in the pursuit of the Work produced for the Cient. Should Moriarti, or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to Moriarti to remove and/or replace the file in the Work produced for the Client. The Client agrees to fully indemnify and hold Moriarti free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.