TERMS & CONDITIONS
Throughout the below, “You”, “Your” and “Yourself” are in reference to “You, the client”.
VARIATIONS TO THE QUOTED PRICE
- Nivmas Enterprise provides project estimates based on the information provided to us at the time of quoting. If the quoted job evolves outside the scope of that which was quoted, further charges will apply.
- Quotes are valid for 10 days from date of quote
WORK WITHOUT A QUOTE
- If you request Nivmas Enterprise to engage (by making contact to Nivmas Enterprise by any means – ie. phone, email, fax etc.) in work without first requesting a quote, then we will not be aware of your expectations regarding the cost of the design job. If you have expectations or budgetary restrictions, you MUST request a quote first for the job request, or for any subsequent changes to the job (requested by you) after Nivmas Enterprise has provided a quote.
Unless arranged otherwise, the payment terms for Nivmas Enterprise work is:
- Graphic Design – 7 days from date of invoice
- Website Design – 50% of estimated costs prior to project start, the remainder to be paid at 2 months after project start or prior to website upload, whichever occurs first.
- Printing – will be invoiced when the job is sent to print. Payment must be received before goods can be released.
- If the above payment terms cannot be met, please let us know prior to engaging our services so alternative terms can be arranged if appropriate.
- Any graphic design work performed at your request is billed at our standard rate of RM350/hr, even if the initial concepts are not carried through to a final output or the job is cancelled. We do not do complimentary conceptual work.
- 50% of the total estimated fee is payable up front prior to project commencement. If your web design project is cancelled at any time during the development period, this fee is non refundable and you may be liable for costs incurred in excess of this. Unless otherwise specified in the final client agreement, the remainder of the total estimated fee plus any variations to this fee is payable at two (2) months after project commencement OR before website upload, whichever occurs first.
If a website job is in our system for more than 3 months, extra charges may apply to cover any price rises that have occurred since the commencement of the job.
- All print jobs must be paid in full before delivery of goods.
- We require client approval for all artwork before it is sent to print. Responsibility for any errors or omissions once your approval has been given lies with you. If a print job requires re-printing due to errors or omissions, this will be done at your cost.
- We pride ourselves on our ability to deliver projects according to mutually agreed deadlines. These deadlines are of course dependent on the timely provision of all project content, imagery and specifications by yourself. Any delay in provision of these items will result in postponement of the project deadline. On the rare occasion that we are unable to meet a deadline due to internal issues, we will do our best to inform you in advance, rather than when the project deadline is overdue.
- All source files remain the Intellectual Property (IP) of Nivmas Enterprise, and therefore Nivmas Enterprise reserves all rights to source artwork. In some rare cases (upon negotiation) we will release source files for an agreed upon fee, and in this instance, the source files may only be used once all outstanding invoices have been paid (and received by Nivmas Enterprise) in full.
- We are happy to provide output files on a disk upon request once all invoices have been paid for in full. Please note there is a charge involved for the time taken to collect the required files and copy the files to disk.
- The due date for all accounts will be clearly stated on your invoice. If you have an overdue invoice in our system, we may have to prioritise other jobs in the system over yours until the overdue invoice is paid.
- Overdue accounts with Nivmas Enterprise may be passed onto our Debt Collection agency if payment has not been received by the due date.
- Disputes and/or claims do not constitute grounds for non-payment of amounts other than those in dispute.
- All risks in any goods ordered by ‘You’ shall be deemed to pass to ‘You’ from the time the goods are loaded or delivered by Nivmas Enterprise to a courier or carrier consigned to ‘You’ but otherwise:
- ‘You’ hereby acknowledge that the goods supplied by Nivmas Enterprise shall remain the property of Nivmas Enterprise until Nivmas Enterprise received payment for the same.
- Nivmas Enterprise hereby agrees to allow ‘You’ to deal, sell or trade with the goods in the normal course of business and for ‘You’ to retain the sale proceeds of such sale or dealing provided that ‘You’ adheres to the terms and conditions of the Agreement.
- Any legal costs, stamp duties or any other expenses whatsoever incurred by Nivmas Enterprise in respect to any debt collection costs, dishonoured cheque(s), fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by ‘You’ on demand.
- Should there be any variation to any of the information supplied by ‘You’ to Nivmas Enterprise or in the structure of ‘Your’ business (such as the conversion to or from a company or trust)
- Nivmas Enterprise shall forthwith be notified in writing by ‘You’. Unless notification of such variation or change is given and accepted in writing by Nivmas Enterprise ‘You’, shall remain liable to Nivmas Enterprise as though any goods or services supplied by Nivmas Enterprise were to ‘You’.
- Nivmas Enterprise shall not be deemed to have waived any of the terms and condition in this web page, or agreed to any variation thereof unless it has been done so expressly in writing and signed by Nivmas Enterprise.
- Any payment for a service, paid as a deposit, part payment or full amount, to Nivmas Enterprise, whereby ‘You’ choose to not proceed with the product or service after payment is received by Nivmas Enterprise, is non refundable.