Terms And Conditions Of Use, Service, Engagement And Agreement.

All services provided by 4am Studio are subject to the following terms and conditions

GENERAL

This website is owned and operated by 4am Studio, a sole-trader business. My principal place of business is located at Wanaka, New Zealand.

The Terms, prices and information contained on this page, 4am Studio’s documents, website and other materials are subject to change at any time.

A list of 4am Studio's current rates and retainers can be found here.

All design work is invoiced, whether the project is completed or no longer required (please see progress payments). All designs provided by 4am Studio are subject to copyright until invoice/s are paid in full. Invoices are invoiced with an expected 7 day or less payment turnaround. Late payments incur a fee of 10% per week on the outstanding amount.

Graphics and Web Design/Development Packages within this website and/or any printed and/or digital material do not include Copywriting, Imagery (Photography), Content Marketing, Hosting, Domains and Printing unless specified in package or service agreement/descriptions.

IN THESE TERMS AND CONDITIONS OF USE, SERVICE, ENGAGEMENT AND AGREEMENT.

4am Studio is also called “I”, “My”, “We”, “Our”, “4am” or “Alana Moffatt/Alana” in this terms and conditions of use, service, engagement, and agreement.

The client means the person or business corresponding with 4am Studio as well as accepting the terms of this agreement/engagement and is also referred to as “You”, “Yourself” or “Your” in this terms and conditions of use, service, engagement, and agreement.

Terms and Conditions of Use, Service, Engagement and Agreement is also called “Terms”, “TCUSEA” or “Terms of Service”.

Graphic, illustrative and/or website design project is also called “Project/s” or “Services”.

Please note that by submitting the form below you are agreeing to all 4am Studio’s terms and conditions of use, service, engagement, and agreement outlined within this page.

These Terms and Conditions of Use, Service and Engagement are legally binding. It is Your responsibility to read these Terms carefully prior to purchase, use, correspondence or access of any of 4am Studio products and services.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of 4am Studio, or the properly attributed party.

You may NOT use 4am Studio’s intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. I have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, I cannot allow any third-party use.

ESTIMATES

Estimates will be honoured for 30 (business) days.

Estimates that have been provided to you in writing (email), but not accepted will only be honoured within 30 (business) days of the initial date of receipt of the estimate.

CHARGES AND FEES

A service or project may require an initial deposit equal to 50% of the estimated total project cost at the time of acceptance of terms and conditions of use, services, and engagement. If the project contains design phases or stages (concepts > revisions > completion) then a progress payment as set by 4am Studio is payable on completion (determined by 4am Studio) of the design phase.

The final balance will be due upon final completion of the service and must be paid before it is released to the client or published to the internet.

4am Studio retains the right to hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items. Please note that delays in payment may cause delays in your project.

I accept Direct Deposit. I also offer payment plans if needed. All prices are in NZD (New Zealand Dollar).

Graphic Design Rates & Retainers: https://4amstudio.co.nz/rates-retainers.html

Apparel Print Services: Payment for apparel services is required prior to service commencement and is invoiced upon acceptance of estimate. 4am Studio is a small and independently owned business and as such we do not stock apparel on site.

Web Design/Development Services: Prices included in Web Design/Development Packages do not include hosting, domain or SSL purchases unless specified with client. If these services are required, the purchases are made at the expense of customer.

Print Services: Prices, and services included and outlined in the Graphic Design section/s of the website and/or any printed and/or digital material do not include the physical printing of products/services, unless specified. Payment for print services is required upfront, before any prints are made as 4am Studio do not hold accounts with suppliers.

Additional fees may incur and be included in quote and/or final invoice if customer fails to meet and acknowledge the terms and conditions outlined within this document.

PAYMENT TERMS

The client accepts that payment in relation to 4am Studio fees and invoices is to be made within 7 days of the date of the invoice unless otherwise agreed with 4am Studio in writing.

If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place. Late payments incur a fee of 10% per week on the outstanding amount.

If the outstanding payment relates to a service provided by 4am Studio, that service will be suspended until the account has been paid in full.

A re-establishment fee may also apply.

COMMENCEMENT OF WORK

Work will begin as soon as is practicable, once the terms have been agreed to and the form at the bottom of this page has been received by 4am Studio.

This forms an agreement between 4am Studio and yourself (the client). If for any reason there is any non-communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by 4am Studio – but not yet billed – in full.

CONTINUING AUTHORITY

The client acknowledges that this is a continuing authority and can only be cancelled by giving 4am Studio 14 days prior notice in writing.

MEETINGS

The initial meeting is always free of charge (30 mins), any subsequent meetings may be chargeable and additional to any project estimates. This includes travel to and from the meeting location.

OWNERSHIP, COPYRIGHT AND SOURCE FILES

Upon completion of the project and upon full payment for services rendered, 4am Studio will transfer all final files as appropriate for printing, or other graphic files as detailed in the job scope and deliverables.

Source Files (native design files) are not transferred to the client and remain under copyright to 4am Studio. Charges for design work does not cover the release of copyright design source files, including but not restricted to INND, PSD, AI, raw code, or other source files; if the Client requires the source files, they will be subject to a separate quotation or ‘buy-out’ charge.

Software and third-party graphics or programs are not transferred to the client and remain under copyright of their respective owners or publishers.

4am Studio reserves the right to resell custom design and websites that remain unpaid by the original client. 4am Studio also reserve the right to resell unaccepted mock-ups or other graphics created by 4am Studio but not in legal use by the client.

4am Studio reserves the right to display websites and graphics that have been designed and/or built by 4am Studio on this website, and in any marketing material.

DEADLINES AND TIME-FRAMES

I understand the importance of completing projects in a timely manner.

However, any delays incurred by the client will cause a subsequent and equal delay in any agreed schedules and will impede 4am Studio’s ability to meet any deadlines previously agreed to at the beginning of the project.

Each project is scheduled in the order that they are received. You will be given a rough project timeline and start date at the beginning of the process. Project & task timelines vary depending on the project deliverables, scope, communication timeliness, and my schedule. Projects must be submitted with sufficient time to complete. ‘Same Day Turnaround’ projects are assessed only if they are received before 1pm on the day and confirmed that the project is urgent. Rush fee/s will apply on ‘Same Day Turnaround’ projects and does not include multiple web page projects or printing. All other projects submitted after 1pm will only be processed on the next available working day.

NON-COMMUNICATION

If I am unable to communicate with a client on a project for an extended period of time (5+ business days) – by phone or email, the project will be put on hold.

Any previously agreed to time-frames or deadlines will be null and void and will need to be reassessed upon the resumption of communication.

NON-PAYMENT

If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.

These services shall be reinstated once payment (in full) has been received.

The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all debt recovery & legal fees.

If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed.

LIABILITY

Services purchased from 4am Studio are provided “as is” without warranty of any kind.

In no event shall 4am Studio be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, design services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the graphic and/or web design work rests with the client

EMAIL HOSTING

4am Studio no longer host email; however I highly recommend using Google Apps for domain based (you@yourdomain.com) email hosting and storage, and can recommend technical support in setting this up for you.

CMS (Wordpress etc) WEBSITE SECURITY, AND ADMINISTRATOR LEVEL ACCESS

I am happy to provide administrator level access to Wordpress built websites. However – it is important you are aware of the responsibilities this entails.

WEBSITE DESIGN & DEVELOPMENT

Where a rebuild of an existing website is required with established hosting and/or domain company; the client is solely responsible for contacting their existing designer/developer and hosting/domain company to obtain critical details such as ‘FTP’ Details, cPanel Details, Hosting Login Details, Domain Login Details and any further details on an as required basis.

4am Studio is not responsible for photography of services, products and/or general imagery and/or written content of the website, unless specified in package descriptions.

Upon agreeing to the terms, the customer agrees that they will provide full proofed written and visual content to 4am Studio prior to launch of website and within a three-week time-frame decided by both 4am Studio and the customer.

WEB SITE DESIGN CREDIT

All 4am Studio clients will have a small ‘Design (and/or Development) by 4am Studio’ text link in the footer of their website on no less than one page.

By hiring 4am Studio to work with you on your website you are agreeing to this, and you understand that this link may not be removed without 4am Studio’s prior consent, or unless some other arrangement has been agreed to – by both parties.

GRAPHIC DESIGN

Where a design is required to be duplicated or replicated from an original source (e.g. copying, or being ‘heavily inspired’ by a design, artwork, logo etc. from Google or imagery supplied by client) 4am Studio is in no way responsible for designs or artwork that may be subjected to the Copyright Act 1994, laws, problems associated with plagiarism and any legal outcomes that may arise. Any copyright issue will solely be placed with the client and original artist/designer/creative. 4am Studio will always strive to create unique designs that are appealing that suit a clients requirements.

4am Studio will email the digital art and design work to customer upon final payment, to be provided to their preferred printing business if required.

Printing services can be outsourced to 4am Studio's preferred New Zealand printing businesses at the additional expense of client. Currently I am able to print artwork up to A3 size at my home office, as well as cut decals (vehicle, window signage).

NOTICE: PLEASE CHECK ALL ARTWORK DETAILS CAREFULLY.

It is the client’s responsibility to check proofs, drafts, versions and supplied artwork carefully for accuracy in all respects, ranging from spelling & sizing to technical and graphical aspects. Certain colour/s may appear slightly different in print compared to the computer monitor and the same may not come out the same every time it is printed. 4am Studio is not liable for errors or omissions. Sizing shown in proofs may not be a true reflection of final product.

ONLINE STORE/SHOP

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

4am Studio attempts to be as accurate as possible. However, 4am Studio does not warrant that product descriptions and website content is accurate, free of errors, complete or current.

PRODUCTS and CARE: Products available in the online store are not ideal for people under 3 years of age (unless specified in product description). Due to the nature of the item; art plush is not suited for excessive ‘play’ and/or washing under extreme heat conditions. Sizing is approximate and may differ from what is detailed in descriptions. Products may vary slightly from one shown in photograph/s due to each one being individually hand-made. Colour may differ slightly to what is shown on screen. Due to the heat-press vinyl application, do not wash apparel in extreme heats, do not tumble dry, do not iron. Cold wash inside out, dry inside out. Vinyl on garments should last at least 12 months if the proper care is taken in washing and drying.

RETURNS: Please read our product descriptions regarding size and materials carefully. We endeavour to provide an excellent description of each product, and do not accept returns for change of heart or if items do not fit.

We accept full responsibility for flawed products and will replace or refund you in these cases. All sales are final. Most items in the online store are handmade with exception of the blank apparel which is sourced from a third-party provider in New Zealand.

PAYMENT PREFERENCES: We accept debit/credit card payments via Paypal or direct Bank Deposit (NZ).

CUSTOM ORDERS AND COMMISSIONS: Contact me for further details.

TURNAROUND: All in-stock items are available within 1 – 3 days (please see also shipping info below), pre-ordered products/items will have the expectant availability date detailed within their descriptions and made-to-order items are available within 2 – 5 days with the exception of apparel. Blank apparel must be ordered from our supplier which can extend the turnaround delivery (as we do not stock apparel on site); please allow 7 - 14 business days for all apparel to be ordered, made, and delivered.

SHIPPING INFO: We are a small business and post parcels on a weekly basis (usually Thursday). Often your items will be packed with recycled materials. I currently ship within New Zealand and to Australia. I am a very small business, and the unpredictability of the international mail service now has made it too highly priced to ship at our expense. If you are located internationally, please contact me for a quote for shipping estimates.

Please allow 1 – 14 days for delivery within NZ and longer for Australia. Although an item is often couriered/tracked and has next day delivery these delivery times are out of my control once item has been posted. Please note we offer free Wanaka pick-ups in the CBD, Tuesday through Thursday. You can select ‘To Be Arranged’ as your shipping option, and we'll alert you when the order is ready to be picked up.

If the parcel is returned to us due to customer address error, in good condition with the product intact, we will ship it again to you for the additional cost of second postage.

If the parcel is not returned to us, you are welcome to re-order, but we cannot issue you a refund as we have lost stock due to customer and postal error. We do not accept liability or responsibility for any postal service errors including lost or damaged parcels.

ACCEPTANCE

Please note that by submitting the form below (or checking the box in the billing field of the Online Store/Shop) you are agreeing to all of 4am Studio’s terms of service as written above.

4am Studio reserves the right to change or update these terms at any time without prior notice.