Terms and Conditions
1. COMMENCEMENT OF WORK
1.1 When the Client submits the signed quotation and/or Purchase Order (PO) of a project to Mix Mediaworx Sdn Bhd (MixMedia), the submitted documents
constitute an agreement that the Client has awarded the project to MixMedia
and shall work with MixMedia under the terms and conditions contained herein. Commencement of work is from the date of this signed quotation.
However the Client may be delay the starting date up to a maximum
of one (1) month upon signing of this quotation. Please note Clause 13.3
which may void this signed quotation.
1.2 The terms and conditions are binding and can only be amended with the written consent of MixMedia.
2. FEES FOR SERVICES
2.1 Fees provided by MixMedia for the awarded project shall be either:
– As indicated on the quotation, which shall be binding for 30 days from quotation date, or
– As indicated on the invoice issued by MixMedia to the Client in respect of the services provided for and stated in the signed quotation and/or PO.
2.2 A rush fee will be applied for urgent projects requiring completion within one (01) day to five (05) days.
2.3 Rush fee is usually double the standard rates, and may change at MixMedia’s sole discretion depending on the scope of work required for such project.
2.4 Any additions to the list of items on the signed quotation and/or PO is termed excess work, and shall be chargeable to the Client when:
– MixMedia has informed the Client of the excess work required for the project,
– The Client has agreed in writing via email or letter for MixMedia to proceed with the excess work,
– MixMedia has issued a separate quotation for the excess work and The Client has submitted the signed quotation.
2.5 Excess work shall not commence until MixMedia has received the signed quotation and/or PO from the Client.
3. PAYMENT OF SERVICES
3.1 When the Client signs the quotation, the Client has entered into agreement to pay 50% of the total payment amount quoted (default payment amount). The Client would need to provide a PO of the default amount before MixMedia can proceed with the project.
3.2 The Client may choose to make other payment arrangements i.e. full or partial payments but this must be discussed and approved
by MixMedia before such arrangement is indicated in the remark section of the official quotation to supersede the default payment amount.
3.3 All invoices are payable within thirty (30) days from date of invoice.
3.4 Payment shall be made either by cash, credit card, cheque, direct credit or any other methods that has been agreed between the Client and MixMedia.
3.5 Payment not received within thirty (30) days from date of invoice shallincur a late payment fee equivalent to 5% of the invoiced amount for every month payment is outstanding
4. SUSPENSION OF SERVICE
4.1 MixMedia shall at its sole discretion suspend any and all of its services to the Client when the payment is overdue for more than three (03) months from date of invoice
4.2 Suspension of such service does not relieve the Client of its obligation to pay the due amount and late payment fee(s) incurred.
4.3 MixMedia shall retain all copyright for work carried out until overdue amount and late payment fee(s) have been paid.
5.1 The Client agrees to allow MixMedia to showcase any and all work as part of MixMedia’s portfolio. MixMedia acknowledges the confidential nature of project and agrees to only display project work onceit has been publicly launched and/or commenced.
5.2 MixMedia reserves the right to use all artwork, concepts produced in the course of the project (including concepts not selected) and
revisions for the purposes of promoting MixMedia in print or digital media
portfolios, social media platforms and other mediums, except where the Client has specifically requested in writing otherwise.
5.3 MixMedia retains full ownership of any and all work it has produced all work it has produced for the project. Once the final and approved work
is delivered to the Client and full payment is received, complete ownership rights to the concept or written works shall be transferred to the Client.
Unused works produced for the project remain
the property of MixMedia.
5.4 In the event the Client loses or accidentally deletes the files of approved work delivered by MixMedia at the completion of a project,
MixMedia can resupply these files at a fee equivalent to 10% of the total payment amount of that project. The fee shall be chargeable per request,
and such requests must be made within two (02) years from the date of
project completion. MixMedia is not obligated to keep/restore any files or
final artwork after two (2) years from the date of project completion. MixMedia is not liable for any lost of files or final artwork in the event
of a Force Majeure.
6. APPROVAL OF FINAL WORKS
6.1 The Client’s approval via email, SMS text, WhatsApp text or other forms of written verification to the MixMedia representative shall constitute a final approval of all works carried out for the project prior
to their release for printing, production, implementation, installation,
broadcast or publication.
6.2 While care is taken to avoid errors, MixMedia accepts no responsibility for typographical errors, spelling mistakes, or incorrect
information on the project committed to print or production. It is the Client’s
responsibility to proofread and approve all final written copy, artwork and/or other works prior to printing, production, installation, broadcast, or publication.
6.3 MixMedia shall not be held responsible for any color variations from what the Client sees on or off screen to what the final product looks
like thereafter due to the nature of printing, screen/monitor quality and
configuration settings outside the reasonable control of MixMedia.
6.4 No refunds, reprints, or reproduction shall be given after the written verification or final approval has been received.
7. FORCE MAJEURE
7.1 MixMedia shall not be liable or deemed to be in breached of this signed quotation for any failure or delay in the supply or delivery of
services where such failure or delay is wholly or partly due to any cause or
circumstance whatsoever outside the reasonable control of MixMedia. Where Client’s artwork/brand display has been published/ displayed/
installed/ printed or production has started, the Client is to pay in full the
total amount of this quotation for the product/services rendered. MixMedia will not be held responsible for any published/displayed work that has not garnered any traffic/audience. MixMedia shall not be liable to
replace or extend the any publication/ display/ subscription/ rental of advertising space period based on the number of days
lost during Force Majeure.
7.2 Such circumstance includes, but not limited to, war,
disruption of MixMedia utilities or infrastructure as the result of
extreme weather events, natural disasters, epidemic or pandemic, public health emergency, disease outbreak, national emergency, strikes, lockouts,
industrial disputes or unrest, government restrictions or
transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents
8. DEFERMENT OF PROJECT PERIOD
8.1 The Client may seek for a deferment of the project period of up to a maximum two (02) months effective the second month of project
commencement due to Force Majeure. The deferred months may be applied
to run continuously or for an aggregate accumulative period of a maximum of two (02) months in any period within the project contract period.
8.2 Regardless of the circumstances of any cancellation made during the project period or deferred period, the Client is still obligated to pay all payment / remaining payment amount in lieu of compensation to MixMedia to cover the time spent, resources allocated, and/or work already carried out for the project according to this signed quotation.
9. LIABILITY AND LITIGATION
9.1 All work and materials provided for the Client by MixMedia encumbrances and may be lawfully will be fee and clear of all liens and
used by the Client without infringing upon the rights of others including,
and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.
9.2 MixMedia agrees to indemnify and hold the Client harmless from and against all claims or actions by third parties against the Client
based upon materials prepared by MixMedia, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy, or infringement of
copyright, except where any such claim or action arise out of
material supplied by Client.
9.3 The Client agrees to indemnify and hold MixMedia harmless with respect to any claims or actions by third parties against MixMedia
based on materials furnished by the Client, or on materials created by MixMedia that was substantially changed by the Client.
Information or data obtained by MixMedia from the Client to
substantiate claims made in advertising shall be deemed to be “materials furnished by the Client.”
9.4 The Client further agrees to indemnify and hold MixMedia harmlesswith respect to any death or personal injury claims or actions arising
from the use of Client’s products or services.
10. COMMITMENT TO THIRD PARTIES
10.1 All purchase of media, materials, and/or images, production costs, and engagement of talent(s) will be subject to the Client’s prior approval.
10.2 The Client reserves the right to cancel any such authorization, whereupon MixMedia shall take all appropriate steps to affect
such cancellation, provided the Client shall hold MixMedia harmless with respect to any costs incurred by MixMedia as a result.
10.3 MixMedia shall be liable for payments for purchases made on the Client’s behalf to the extent of the amount indicated in the signed quotation
and/or PO only. Purchases exceeding the originally quoted amount shall
be deemed excess work and shall be chargeable to the Client as per point 6.
11. CANCELLATION AND POSTPONEMENT POLICY
11.1 The Client shall give MixMedia at least thirty (30) days notice viaemail or letter prior to cancellation or postponement. The project is
deemed cancelled or postponed only with the written acknowledgement from
MixMedia, and that acknowledgement constitutes the agreement that the Client shall adhere to the terms and conditions contained herein.
11.2 For Clients who made full payment: If the Client cancels or postpones the project before the due date, after work has commenced or after work
is fulfilled, the Client shall forfeit any and all payment(s) made prior to
the cancellation or postponement date in lieu of compensation to MixMedia to cover the time spent, resources allocated according to this signed quotation.
11.3 For Clients who pay by installment: If the Client after work has commenced, the Client shall forfeit any and all payment(s) made prior to the cancellation or postponement date. The Client is still obligated to
pay the remaining installment payment amounts in lieu of compensation to
MixMedia to cover the time spent, resources allocated according to this signed quotation.
11.4 For payment not received: If the Client cancels or postpones the project after work has commenced and payment has not been received,
the Client is still obligated to pay the full total payment amount stated in
the signed quotation/PO within fourteen (14) days after cancellation or postponement is confirmed.
12.1 The Client and MixMedia respectively agree to keep in confidence and not to disclose or use for its own respective benefit or for the benefit
of any third party (except as may be required for the performance of
service under this agreement or as may be required by law) any information, documents, or materials that are reasonably considered confidential
regarding each other’s product, business, customers, client, suppliers,
or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain
that was in the possession of either party prior to disclosure. Price(s)
provided in this quotation is solely for the reference and use of the Client for its own project purpose and not to be disclose to any third unless an
agreement has been obtained from MixMedia either via email or letter.
12.2 The Client and MixMedia shall take reasonable precautions to safeguard the property of the other entrusted to it, but in the absence
of negligence or willful disregard, neither MixMedia nor the Client will be responsible for any loss or damage.
13.1 MixMedia reserves the right to review the terms and conditions contained herein at any time. If, following any such review, there are
changes to the terms and conditions, the changes will take effect from the date on which MixMedia notifies the Client of such change.
13.2 The failure by MixMedia to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision,
nor shall it affect MixMedia’s right to subsequently enforce that provision.
13.3 If the Client has made no contact with MixMedia for a period of more than thirty (30) days after the quotation is submitted or signed,
MixMedia reserves the right to re-quote or void the entire project.