Studio Moxi will provide the design services to the client subject to these Terms & Conditions using such reasonable skill and care as is expected of a competent designer in undertaking the design services and other obligations hereunder.

In accordance with information and instructions given by the client, Studio Moxi will produce services in accordance with the Letter of Engagement, and will include such of the following as are, in the opinion of

Studio Moxi, required for the project:

• Taking and evaluating the client’s instructions and requirements in the Research & Strategy phase.
• Formulating three initial design concepts.
• Development of the design including, but not limited to, creation of logo, fonts, colours, website design and print collateral deemed necessary.
• Management of print and web delivery, and where necessary or if required by the client, art direction.
• Attending design review meetings.

The fee is payable on a percentage basis to the gross contract value. The design fee will be payable in the following percentage instalments for each phase at the following stages:

Phase 1- Research & Strategy

First – Prior to starting research & strategy – 50%
Second – Post final presentation – 50%

Phase 2 – Design

First – Prior to starting design work – 50%
Second – Post delivery of brand guidelines – 50%

Phase 3 – Delivery

First – Prior to starting final artwork work – 50%
Second – Post delivery of assets signed off on – 50%

Additional procurement, print and instal fees will be charged on a monthly basis. Studio Moxi charges 20% commission on all purchase items.

Phase 4 – Support
Agreed monthly retainer.

Extra work and expense caused to Studio Moxi resulting from delay in receiving payments or instructions, delays in the project caused by the client or any third party, changes in the client’s instructions, changes in the law, regulations or interpretation thereof or any other cause whatsoever beyond the control of Studio Moxi shall be charged to the client in addition to all other fees.

Any such fees or charges as are described above will be charged on a time charge basis at Studio Moxi’s current standard hourly rates and may be invoiced monthly.

Studio Moxi shall retain the property in all the copyright and other intellectual property in the designs and drawings produced by Studio Moxi. No part of the Studio Moxi Designs may be reproduced without Studio Moxi’s prior written consent.

Studio Moxi does not warrant the existence of any exclusive copyright, design right or similar exclusive intellectual property in the designs provided hereunder.

Where Studio Moxi is involved in design or creative work for the client on terms that Studio Moxi is to be paid a fee for the future reproduction, alteration or use of such design or creative work shall be conditional on all such future fees being paid.

The client acknowledges that damages may not be an adequate remedy for breach of Studio Moxi’s intellectual property rights and that Studio Moxi shall be entitled to seek injunctive relief in relation to any infringement of those rights.

Studio Moxi may terminate this contract without prejudice to any of the rights of either party if a bankrupt petition shall be presented against the client or if the client shall become insolvent, have an administrative receiver appointed over all or part of its assets or if it shall call a meeting of its creditors with a view to entering into liquidation or have a winding-up petition presented against it or shall petition for an administration order or if the client shall fail to make payment of any sum due on the due date or otherwise be in material breach of this agreement.

Upon such termination Studio Moxi shall not be required to provide any further design services, and any licence granted to the client to use any design or other work or copyright work of Studio Moxi shall forthwith terminate. Studio Moxi shall be entitled immediately to payment in full for the Design Services.