Ahiahi

 

GENERAL

  1. AhiAhi – Tegan Furneaux means Tegan Furneaux trading as AhiAhi creative space;
  2. AhiAhi – Tegan Furneaux reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the AhiAhi – Tegan Furneaux website. It is your obligation to periodically check these Terms and Conditions on AhiAhi – Tegan Furneaux website for changes or updates. 
  3. These Terms and Conditions shall apply to the provision of all of AhiAhi – Tegan Furneaux  services.
  4. Conditions mean these Terms and Conditions to be read and construed with each Estimate/Quotation provided by AhiAhi – Tegan Furneaux;

 

CONTRACT FORMATION

  1. Accepting the Estimate or Quotation via AhiAhi – Tegan Furneaux’s website, by telephone, by email, in person, or in writing; or 
  2. Paying the deposit (if any) referred to in the Estimate or Quotation; or Communicating its order to AhiAhi – Tegan Furneaux in a manner otherwise than in accordance with (a) above.
  3. Estimates/Quotations by AhiAhi – Tegan Furneaux remain open for acceptance for 28 days from the date of the Estimate or Quotation.
  4. Clients cannot cancel a contract after an order has been accepted by AhiAhi – Tegan Furneaux and is bound to pay the estimated or quoted price.

 

PAYMENT 

  1. All prices are estimated and quoted in New Zealand Currency and shall be exclusive of GST.
  2. Unless otherwise agreed in writing, payment of the products and services shall be made within twenty-eight (28) days following the invoice date. Ahiahi – Tegan Furneaux reserves the right to require the Client to pay for Products and/or Services prior to their supply. 
  3. If the final invoice isn’t paid within twenty-eight (28) days, a 5.0% “delayed payment” fee is charged. A 5.0% figure is added upon each recurring twenty-eight (28) day period until the full amount is received. In the case of non-payment of invoices, you are liable for all collection costs, including any actual solicitor’s fees or debt collection agency fees until the debt is paid in full.
  4. if the Client does not pay their account by the due date and has not entered into any payment arrangement (which is at AhiAhi – Tegan Furneaux’s sole discretion), AhiAhi – Tegan Furneaux reserves the right to stop working for the Client immediately and will not be liable to the Client for any loss that they may suffer as a result of such discontinuance.
  5. AhiAhi – Tegan Furneaux reserves the right to correct any typographical or clerical errors contained in the prices or specifications.
  6. The Client shall be liable for all the expenses and costs (including indemnity legal costs) in relation to AhiAhi – Tegan Furneaux enforcing or attempting to enforce a Contract or these Terms and Conditions.

 

INTELLECTUAL PROPERTY

  1. Unless otherwise agreed in writing, Ahiahi – Tegan Furneaux shall retain copyright and intellectual property rights in all documents, reports, records, media, electronic files, drawings and designs, concepts, copyrighting, and any strategy work prepared for and on the Client’s behalf. 
  2. The Client will be entitled to use the documents and any copies for the purposes for which they were intended however unless otherwise agreed in writing, the Client (or any other person or entity) is not permitted to make use of, or modify, any such document, designs, concepts, copyrighting, and any strategy work for any other purpose without Ahiahi – Tegan Furneaux agreement in writing. Concepts including designs, concepts, copyrighting, and any strategy work not chosen will remain the property of Ahiahi – Tegan Furneaux. 
  3. On completion and full payment of the project scope, the intellectual property rights of the Client’s “finished product” will transfer to the Client. To avoid confusion, the finished product is the work requested and outlined in the project scope. 
  4. Ahiahi – Tegan Furneaux provides access to the finished product files, access will be provided in PDF, JPG or PNG format.
  5. Access to finished product files in other formats may incur additional costs for the Client. Trademarking is the sole responsibility of the Client.
  6. Additional fees will incur if the client wants to use the work for additional purposes, outside the project scope (for instance, turning it into a full ad campaign)
  7. If the client cancels the contract during the creation phase (face-to-face, telephone, or email) ownership of all copyrights and designed content shall be retained by Ahiahi – Tegan Furneaux including all designs, concepts, copyrighting, and any strategy work. 
  8. The client also agrees not to take any designs, concepts, copyrighting, and any strategy work completed by Ahiahi – Tegan Furneaux to any other agency, another designer, or in-house personnel to be reused or re-created.
  9. We love to show off our work and share what we have learned with other people, so we also reserve the right to photograph, display and link to your completed project as part of our portfolio and to write about the project on websites, in magazines articles, and in books. However, Ahiahi – Tegan Furneaux will respect the brand launch dates and act in consideration. 

 

CREATIVE DIRECTION

  1. The client acknowledges that Ahiahi – Tegan Furneaux retains creative direction, as the client has chosen to engage the services of Ahiahi – Tegan Furneaux based on their style of design, and will take the lead on developing a strategy or creating content on behalf of their brand, and the client will have the opportunity to make suggestions or request revisions on the finished product before it goes live.

 

PROOFING & REVISIONS

  1. The client agrees to provide timely feedback and respond promptly to any requests made by Ahiahi – Tegan Furneaux. This includes but is not limited to, providing information, materials, and approvals required for the successful completion of the services. The client understands that failure to provide timely feedback and responses may result in delays or additional costs for the project.
  2. Ahiahi – Tegan Furneaux will develop the project and will supply a review proof for the Client. If the Client requires more than the outlined project scope revisions or the development of other assets, it is considered beyond the “Scope of Work” and Ahiahi – Tegan Furneaux will bill an hourly rate of $75NZD/hr for any ongoing work beyond.
  3. Proofs of all work may be submitted for the Clients approval and Ahiahi – Tegan Furneaux shall incur no liability for any errors not corrected by the Client in the proofs submitted. 
  4. The client agrees once revisions have been approved by the client, they cannot be revoked or changed.

 

CANCELLATION 

  1. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Ahiahi – Tegan Furneaux, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.
  2. If the project is on an hourly basis and the project is canceled by the client, the client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.
  3. If after commencement client communication (face-to-face, telephone, or email) stops for a period of fourteen (14) days, the project can be canceled in writing by Ahiahi – Tegan Furneaux, and ownership of all copyrights, including all designs, concepts, copyrighting, and any strategy work. shall be retained by the Ahiahi – Tegan Furneaux.

 

CHARGEBACK POLICY 

  1. The client must inform Ahiahi – Tegan Furneux of any dissatisfaction with the project scope work prior to the completion of the project. This includes any changes or revisions that need to be made or any issues the client may have with the final design. 
  2. In the event of a dispute, the client must first attempt to resolve the issue with Ahiahi – Tegan Furneux before initiating a chargeback.
  3. If the client fails to inform Ahiahi – Tegan Furneux of any issues before the completion of the project, Ahiahi – Tegan Furneux cannot be held responsible for any issues that may arise after the completion of the project. Ahiahi – Tegan Furneux will make every effort to resolve any issues or concerns the client may have during the project and will provide revisions as needed to ensure the client’s satisfaction with the final product. 
  4. If a chargeback is initiated without prior communication with Ahiahi – Tegan Furneux, Ahiahi – Tegan Furneux reserves the right to pursue legal action to recover any unpaid fees and associated costs. If a chargeback is initiated, Ahiahi – Tegan Furneux will provide all necessary documentation and evidence to the client’s Legal contact to support their claim that the work was completed to the client’s satisfaction. 
  5. If the chargeback is successful, Ahiahi – Tegan Furneux reserves the right to retain all ownership of the project scope work and pursue legal action to recover any unpaid fees and associated costs. 
  6. The client acknowledges that initiating a chargeback without proper cause or attempting to defraud Ahiahi – Tegan Furneux is a violation of this agreement and may result in legal action being taken against them. 
  7. Ahiahi – Tegan Furneux reserves the right to dispute any chargeback claim and provide evidence of the work completed, as well as any communication between the client and Ahiahi – Tegan Furneux regarding the project.
  8. If the chargeback is unsuccessful, the client is responsible for any fees or penalties associated with the chargeback, including but not limited to bank fees and legal fees incurred by Ahiahi – Tegan Furneux.
  9. Ahiahi – Tegan Furneux also reserves the right to terminate any ongoing projects with the client if a chargeback is initiated without prior communication or proper cause, and the client will be responsible for any fees or penalties associated with the termination of the project. 
  10. By entering into an agreement with Ahiahi – Tegan Furneux, the client acknowledges and agrees to these chargeback policies and agrees to fully cooperate with the designer in any dispute resolution process to ensure a fair and just outcome for both parties involved.



CONFIDENTIALITY 

  1. The client shall inform the designer in writing prior to the project commencing if any portion of any material or information is provided by the client. 



LIMITATION OF LIABILITY

  1. Ahiahi – Tegan Furneaux shall not be liable to the Client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations to the Client where such delay or failure is caused directly or indirectly by the Client (for example, by changing its requirements, not providing timely feedback or approval of proofs)
  2. Ahiahi – Tegan Furneaux will not be liable for any loss or damage directly or indirectly caused by delay in delivery or failure to perform any term of this contract where such is caused by materials or facilities and delays in transport or any other cause beyond our control. 
  3. The Client agrees and guarantees to Ahiahi – Tegan Furneaux that any elements of text, graphics, photos, designs, trademarks, or other artwork you provide us are either owned by your good selves or that you have permission, correct copyright license to use them. Ahiahi – Tegan Furneaux is NOT responsible for incorrect copyright or licensed issues supplied by the Client.
  4. The Client agrees that Ahiahi – Tegan Furneaux will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the Client by any other party, even though Ahiahi – Tegan Furneaux may have been notified of such damage or claims. In particular, Ahiahi – Tegan Furneaux shall not be liable for any loss or damages arising, either directly or indirectly, from search engine rankings or social media marketing, including but not limited to any losses resulting from changes in search engine rankings, the closure of social media accounts and non-compliance with social media provider guidelines.

 

COPY 

  1. The client agrees to supply all text required for the inclusion of any items to be designed or content creation. We’re not responsible for writing or inputting any text copy unless specified and agreed upon in the original project scope.

 

PHOTOGRAPHY 

  1. The client will supply photographs in high res format 300DPI and at least 1000px. Professional photography or any time we spend searching for appropriate photos will be charged by the hour unless outlined and agreed upon in the project scope. 

 

THIRD-PARTY CONTRACTS 

  1. Ahiahi – Tegan Furneaux may contract with other creative professionals to provide services such as web development, photography, and illustration. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No contract will commence assuming that third parties might be required for project completion. Such details will be finalized prior to the project commencement unless requested by the client at a later date. 

WORKING HOURS

  1. Work done by Ahiahi – Tegan Furneux will be completed within the standard workweek (Monday through Friday 9 am – 3 pm).  Ahiahi – Tegan Furneux is closed on all major holidays and the entire week of Christmas and New Year’s. No phone calls will be accepted after hours

MISCELLANEOUS

  1. In regards to social media work e.g , in the event, that the Client wishes to take over the online marketing account/s at the end of a marketing campaign, or when the Client terminates the campaign, the Client acknowledges that the Client will incur a fee for the transfer of the online marketing account/s and this fee will be payable in full in advance of the transfer.
  2. From time to time, clients may choose to pause the online marketing campaign/s set up and managed by Ahiahi – Tegan Furneux. The Client acknowledges and agrees that where the Client’s marketing campaign/s is/are paused, the Client will continue to be liable for Ahiahi – Tegan Furneux monthly management fee.
  3. If any Condition or part of any Condition is held to be invalid or unenforceable the invalidity or unenforceability shall be deemed eliminated or modified to the minimum possible extent necessary to make the remainder of the Conditions enforceable. 
  4. Failure by Ahiahi – Tegan Furneux. to insist upon strict performance by the Client of any of the Conditions shall not be a waiver of any rights of  Ahiahi – Tegan Furneux. on any subsequent occasion. 
  5. These Terms and Conditions and the Contract may only be varied by Ahiahi – Tegan Furneux. in writing at its discretion. 
  6. The Client may not assign or transfer any of its rights or obligations under or in connection with the Contract to any other person whatsoever.  
  7. Neither party shall be liable for any delay, alteration or failure to perform any of its obligations under a Contract where occasioned by an event beyond that party’s reasonable control (“force majeure”), and such party shall be entitled to a reasonable extension of time for the performance of any such obligations. 
  8. The Client shall pay the costs and expenses including indemnity legal costs incurred by Ahiahi – Tegan Furneux. in exercising any of its rights or remedies or enforcing any of the Conditions. All Contracts made between Ahiahi – Tegan Furneux. and the Client shall be governed by and construed in accordance with the laws of New Zealand and the Client agrees to submit to the nonexclusive jurisdiction of the New Zealand Courts.
  9. Print material – It is the client’s responsibility to check all content for print material, prior to going to print. The files will only be sent to print when approval has been received by email or letter as a notice of evidence. Ahiahi – Tegan Furneux cannot be held responsible for any errors to content if it has already been approved and granted to go to the printers as it is an irreversible procedure once the printers process the files. The client will bear the cost of reprinting any print materials that require correction due to errors in their content.