Terms of Service

GENERAL AGREEMENT
The Terms and Conditions set out below shall define the obligations and relationship between MAKERS WORKROOM and the person/s or Company (the Client) specified in the quotation or scope of work document. Any services provided by MAKERS WORKROOM are subject to these Terms and Conditions.

SCOPE OF WORK FOR SERVICES PROVIDED BY MAKERS WORKROOM
MAKERS WORKROOM shall provide professional design and pattern making services to the Client in return for payment. MAKERS WORKROOM will prepare a scope of work in consultation with the Client prior to the commencement of the project. The scope of work may be developed and communicated to the Client in any of the following formats:

  • A written quotation provided to the Client.

  • The completion of a Garment Specification Sheet.

  • Email correspondence outlining the agreed scope of work to be undertaken.

  • A detailed scope of work proposal document prepared for the Client.

COMMENCEMENT OF WORK
The Client agrees to provide written approval of the quotation/scope of work proposal prior to MAKERS WORKROOM commencing work on the project.

ERRORS & OMISSIONS
MAKERS WORKROOM will take all reasonable care to ensure design and material deliverables are free from errors and as per the agreed scope of work. It is the Client’s responsibility to check all proofs carefully for accuracy. The Client’s approval is acknowledgement that the proof has been evaluated and considered correct in all aspects. There will be no remedy from MAKERS WORKROOM for errors or omissions carried over from approved proof to final design and material deliverable

FEES FOR SERVICE & PAYMENT TERMS
Fees for service are billed to the Client on an hourly basis unless otherwise stated within the scope of work proposal. Estimated hours to complete the project shall be provided on quotations and/or as part of the scope of work proposal. Billable hours, unless otherwise stated by MAKERS WORKROOM, shall include but is not limited to:

  • Design meetings and workshops.

  • Design and production of garments.

  • Pattern making work.

  • Preparation of production markers.

  • The development of technical drawings, specification documents and any other materials required for the production of patterns, markers, sample garment/s or production of garment/s for wholesale or retail sales.

The Client agrees to pay the invoiced amount by the due date as set out on the invoice or agreed upon within the scope of work proposal. Standard payment terms are as follows:

  • A non-refundable deposit of 50% of quoted costs shall be invoiced and paid prior to the commencement of work.

  • The remaining 50% of quoted costs shall be invoiced and paid prior to the release of initial pattern/s or design/s (physical or electronic versions)

  • Payment is due upon receipt of invoice unless otherwise stated by MAKERS WORKROOM.

ALTERATIONS TO THE SCOPE OF WORK / EXCESS WORK
Unless otherwise stated by MAKERS WORKROOM, any alterations made to the scope of work after approval and commencement of work shall incur additional design and pattern making fees. At the discretion of MAKERS WORKROOM, minor changes requested by the Client may be made without charge.

Excess Work is defined as work involving additions to the list of agreed garments/styles/deliverable items and/or any work undertaken that exceeds the work outlined in the quotation or scope of work proposal. Excess work will only be undertaken by MAKERS WORKROOM subject to the quotation of excess fees and written approval by the Client.

LIABILITY
It is agreed that all work and materials provided for the Client by MAKERS WORKROOM shall be free and clear of all liens and encumbrances and may be lawfully used by the Client without infringing upon the rights of others. The Client acknowledges that they will not rely on any advice, representation or warranty given by us in connection with the services that is not expressly stated in this document.

To the extent permitted by law, neither MAKERS WORKROOM nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by the Client or claims made against the Client. The Client agrees not to make any claim against MAKERS WORKROOM, due to or arising out of our provision of the services provided.

Without limitation, under no circumstances will MAKERS WORKROOM be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity. The Client indemnifies and holds MAKERS WORKROOM harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of:

  • Any act carried out by MAKERS WORKROOM in good faith and purportedly pursuant to a right granted to us under the provisions of this document.

  • Any infringement by the Client of third-party Intellectual Property Rights, and/or any breach by the Client of any of the terms of this document.

MAKERS WORKROOM does not guarantee that our services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased business or customers as a result of our services.

FORCE MAJEURE
MAKERS WORKROOM shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of MAKERS WORKROOM including but not limited to war, 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 of any kind or act of terrorism.

COPYRIGHT & INTELLECTUAL PROPERTY
MAKERS WORKROOM retains full ownership of design concepts and material deliverables it produces. Once a final concept is delivered to the Client and full payment is received, ownership rights to the concept and material deliverables transfer to the Client. Unused concepts remain the property of MAKERS WORKROOM. MAKERS WORKROOM may use paid for concepts in its promotional materials and in its design portfolio.

MAKERS WORKROOM is in the business of creating and selling patterns and fashion designs. We reserve the right to conduct sales of our own pattern designs without limitation.

AMENDMENTS TO THESE TERMS & CONDITIONS
Amendments to these terms and conditions must be made and mutually agreed to prior to the signed approval of the quotation or scope of work proposal by the Client. Agreed amendments will be rewritten into a new quotation/proposal by MAKERS WORKROOM, and the document re-submitted to the Client for signed approval.