Design Terms and Conditions

These terms and conditions will automatically come into force on acceptance of the Designer’s quotation by the Client.

 

The Client agrees to the Designer’s terms and conditions of design as follows:

1. Design Charges
   1.1   The cost of the Designer’s services are recorded in the Quotation accepted by the Client.
   1.2   The Client shall pay to the Designer a Deposit of 50% of the quoted design charges before the Designer shall commence with the instruction.
   1.3   In the event that the Client expands on the Designer’s instructions, the Designer shall provide the Client with a supplementary quotation which shall on acceptance thereof also be subject to these terms and conditions. In such event, the Client shall supplement the Designer’s Deposit up to 50% of the additional charges as quoted upon demand.

2. Project Acceptance
   By accepting the quotation and by extension, these Terms and Conditions, the Client acknowledges acceptance of liability for the payment of the Designer’s total fees as provided for in such Quotation(s). On receipt of payment of the agreed-upon Deposit(s), the Designer shall acknowledge acceptance of the Client’s instructions and commence with the agreed-upon design work.

3. Cancellation
   Cancellation of orders prior to payment of the Deposit may be made by e-mail at the correspondence address of the Designer provided below. For any cancellation after payment of the Deposit, the Client will nevertheless be invoiced for all work actually performed by the Designer up to receipt of written confirmation of cancellation of the project as well as an admin fee for attending to the refund of the balance of the Client’s deposit (if any). Such fees shall be deducted from the Deposit.

4. Project Duration
   • The Client acknowledges that the Designer requires certain information from the Client to enable her to perform the Client’s instructions.
   • The project duration will commence to run on the date of receipt of the Client’s full deposit (cleared by the Bank and received by the Designer) and/or receipt of the supporting information as required by the Designer (whichever is the latter).
   • Unless the Designer confirms a different project duration in writing, the standard project duration for delivery of the designs to the Client is 14 calendar days (excluding the first day and including the last).
   • Should the Client pay the full quoted amount in respect of a project to the Designer prior completion of the project, such early full payment will not result in any special priority being granted to the Client’s project.
   • Should the Client require that priority be given to his/her instruction, which shall be at the discretion of the Designer, the Designer will charge a priority charge which must be paid in full prior to commencement of the project duration.
   • The Designer shall not be held responsible for any project delays, whatever the cause, although every effort will be made by the Designer to deliver the Client’s designs prior to the expiry of the standard or agreed upon the project duration.

 

5. Supply of Data and Access Rights
   • The Client shall supply the necessary data and images to the Designer, which must be of a format and quality suitable for use without any subsequent image processing. The Designer will not be held responsible for any image quality which the Client later deems to be unacceptable, especially in respect of images which the Client wishes to be scanned from printed materials.
   • Additional charges may be levied by the Designer in respect of any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing and/or data entry services, colour correction and/or alteration of images performed by the Designer due to poor data and/or image quality provided by the Client.
   • The Client agrees to grant the Designer access to all information and systems, including reading/write permissions, usernames and passwords, required to alter and/or complete a website project. The Client also agrees to allow the Designer access to any systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

 

6. Rights of Refusal
   The Designer will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal. The Client agrees that it is its own responsibility to ensure that all advertising material, whether designed or used by the Designer in its design, conforms to the standards laid down by the relevant advertising standards authorities.

7. Alterations
   The Client agrees that changes required over and above the estimated work as detailed in the quotation will be liable to a separate charge. The Client also agrees that the Designer holds no responsibility for any amendments made by any third party, before or after a design is approved by the Client.

8. Copyrights, Trademarks and Infringement Claims
   • By supplying text, images and other data to the Designer for inclusion in the Client’s website or another medium, the Client:
     • Confirms that it holds the appropriate copyright and/or trademark permissions in respect of such text, images and/or other data supplied. The ownership of such materials will remain with the Client, or other rightful copyright or trademark owner;
     • Grants the Designer permission to use this material freely in the pursuit of the design.
   • Should the Designer, or the Client, supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the Client consents that the Designer may remove and/or replace the file in question. The Client agrees to fully indemnify and hold the Designer harmless in any and all claims resulting from the Client not having obtained all the required copyright, and/or any other necessary permissions.
   • All design work approved by the Client which is at risk of an infringement claim by another party should be registered by the Client with the appropriate authorities prior to publishing or first use. The Client agrees that it is the Client’s responsibility to investigate any possible infringements of the approved design and that the Designer will not be held liable for any and all damages resulting from such claims.

 

9. Domain Registration, Website Design and Website Hosting
   • Where the Designer is instructed to register a domain name on behalf of a Client it will endeavour to register the name as provided by the Client, but the Client should not assume a successful registration of a specific name.
   • Once web design is complete, the Designer will provide the Client with the opportunity to review the resulting work. The Designer will make one set of minor changes at no extra cost, provided that such changes are communicated to the Designer within 5 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.
   • The Designer will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 5 days of the start of the review period.
   • The Designer facilitates the Client’s initial access to hosting services through an out-sourced service provider, but does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Fees due to third party hosting organisations are the responsibility of the Client and the Designer is not liable for their payment, nor for the renewal of domain names, which is the sole responsibility of the Client/domain owner.

10. Ranking on Search Engines
    The Designer is not an SEO specialist and cannot guarantee a particular or a favourable ranking on a Search Engine list. The Client is recommended to engage the services of a professional SEO company for such services.

11. Design Credits
    The Client agrees to allow the Designer to place a small credit on printed material, exhibition displays and/or advertisements and to link the Designer’s own website to the Client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The Designer is further permitted to place the Client’s designs and/or a link to the Client’s website on the Designer’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

12. Completion
    The design project is complete upon receipt of the customer’s signed Approval form, or upon the lapse of 5 days from presenting the completed product to the Client for approval during which no response was received from the Client.

13. Ownership
    All artwork, images, or text supplied and/or designed by the Designer on behalf of the Client, will remain the property of the Designer until specifically released in writing by the Designer, which consent to release will only be given in respect of the specific design chosen by the Client after all costs in respect of such design have been paid in full. The default theme for web design is Divi. Proprietary Rights of this theme are not included. Personal theme optional: “The Gem”. Proprietary Rights to The Gem theme are included. Price subject to US $ – Rand exchange rate at the time of purchase. 

14. Final Payment
    The Client will be provided with an approval form prior to project finalisation. At the completion of the project, as provided for above, the client will be provided with an invoice, at which stage the full outstanding balance will be due and payable. On receipt of such payment as well as the signed and properly completed approval form, the Designer will release the design(s) and/or website to the client for use. Accounts which remain outstanding in excess of 30 days from date of the invoice shall incur interest on the outstanding balance at a rate of 2% per month. No design files/websites shall be released to the Client for printing and/or other use prior to receipt of payment of the full amount(s) quoted and invoiced by the Designer.

15. Payment method
    Payments must be made by EFT into the bank account nominated by the Designer. In the event of direct deposit, the Client will become liable for payment of the additional bank charges charged by the bank in respect of the deposit received.

16. Default
    Should a Client fail to make payment of the final amount due and payable to the Designer, or any portion thereof, within 30 days of the date of the invoice, the Designer shall, without limitation of any other rights which the Designer may have in law, have the right to remove/restrict the Client’s access to any designs until the outstanding amount has been paid in full. Such removal/restriction shall not relieve the Client of his/her/its obligations to pay the full amount invoiced by the Designer. In the event that the Designer incurs any legal costs/charges to secure payment from the Client, the Client agrees that it shall be liable and shall make payment of such legal fees on the attorney-and-client scale of fees.

17. Disclaimer
    The Designer makes no warranties of any kind, express or implied, for any and all products and/or services that it recommends and/or supplies and shall not be held responsible for any and all damages resulting therefrom. The Designer is not responsible for any loss, or consequential loss of data of whatever cause unless caused due to the negligence of the Designer.