1. BRIEF:
Client must please supply a written design brief, which must be discussed and finalised between the client and Creatives On Click (hereafter called COC) before the job begins in order to gain as much clarity of the final product idea as possible. As a formality, COC will submit the agreed upon final brief, as interpreted by them, to the client for their signature, which will serve to indicate agreement thereon. This brief will also be attached as an addendum to the job quote. Acceptance of the quote indicates agreement to all notes and deadlines indicated on the quote.
2. IMAGES:
2.1 Client must supply good quality high-resolution images as per minimum publishing industry standard (300dpi). If client is not sure about the quality of their images the designer will check them and advise. This applies to all website images too as we work from a good quality image and reduce it to web quality so as to have control of the detail of the image – quality is imperative.
2.2 Should the images not meet the design requirements, COC will quote on reshooting the images at a fee to be included in a revised quote. We do not accept responsibility for the degradation of the product should the client insist on moving forward with poor quality images.
2.3 Should any images be supplied as printed photo's, the client should be advised that these would need to be drum scanned by a professional repro house and will be included in the invoice at an extra charge.
3. COPY:
3.1Client must supply the final edited/subbed copy before the job can begin.
3.2Copywriting, editing & subbing is included as part of the design fee and cannot be separated from the design rate as a whole. Please be sure that all supplied copy is final edited information – edited in terms of correctness of information, industry phrases & terminology.
4. PROOFS:
4.1 Printing / design proofs: The total design fee is inclusive of the first three proofs; thereafter the client will be charged per proof according to the quoted hourly price. Should the client changes constitute an entirely new design from the original client briefing at any time in the process of these changes, we maintain the right to charge a fresh design fee at our discretion, notwithstanding that it is within the first three proofs.
4.2 Website proofs: All deadlines will be specified in the design brief (attached to the quote). The website will be temporarily loaded so that the client can be given a reasonable amount of time to check the website functionality and information. Changes will be made within these specified deadline times and will 'go live' once payment has been settled.
5. PAYMENT:
The client is required to deposit half of the total quote in order for this job to begin. The payment structure will be outlined in more detail in the design brief (attached to the quote). Any expenses incurred (see points 2,3 and 4) will be added to invoice. Please note that the deposit is non refundable at any stage of the job. Should the job be cancelled before completion then COC reserves the right to keep all work up to this stage. On acceptance of the initial quote, which should be indicated in writing (an email will suffice), the client is legally bound to accept further expenses as they accumulate. As many of these as possible will be outlined and discussed at the design brief stage (point 1) and the client will be made aware of any further expenses that might be incurred as they occur during the production of this job.
FEES PAYABLE TO:
Creatives On Click, ABSA Bank,
Branch Code: 632005,
Account number: 407 303 8545 (Cheque Account)
6. DEADLINES:
6.1 The turn around time for each job will be outlined at the briefing or stated on the quote. If the deadlines are not adhered to, then the design time will be adjusted accordingly. As this begins to affect other jobs in production, an hourly fee will be charged for further extension of deadlines. The clients must please make themselves available to view proofs / web pages and give feedback as soon as possible (within reason) after a proof is sent via email. Should the client fall behind on stipulated deadlines other scheduled jobs will take preference.
6.2 Any unreasonable delay by client (in excess of 90 days) following the acceptance of a quote will necessitate a re-quote by CoC. Re-quotes are also subject to standard annual increases by CoC suppliers, such as printing companies etc.
6.3 Should client not provide information or input requested within a reasonable period, then deadlines may need to be shifted accordingly. Specifically, each step of the design process needs to be respected, and delays in responding may result in the process step being re-scheduled after a more imminent step. Client is aware of, and accepts this.
7. CORRESPONDENCE:
7.1 All correspondence (including telephone conversations) will be reiterated in email for record purposes for both parties. Email is considered a legal and binding form of correspondence.
7.2 If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.
8. INTELLECTUAL PROPERTY:
8.1 Any photo's, other than supplied or commissioned product images or illustrations, created in the making of this product will remain the intellectual property and copyright of Creatives On Click and may not be reproduced or used in any way whatsoever without express signed permission of Robyn Timm and Sharon Thompson. A copyright fee will be charged with every use/application of this property.
8.2 All photos, illustrations, content, layout and design contained in proofs remain copyright and privileged material of COC and it's members until such time as project is finalised, or ownership/permission is given expressly and may not be utilised for other purposes by client, including alternative marketing media.
8.3 COC reserves the right to display websites, designs and graphics that have been designed by COC on their website and in any marketing material to aid as examples of our work.
8.4 Granting of rights in clause 8.2 takes place only with finalised published edition works, and does not include source materials or components. Specifically all photos, illustrations, content, layout and design specifications and parts thereof remain vested in COC, or their agents, and shall not form part of any usage agreement unless specified in writing.
8.5 Subject to 8.2 and 8.4 above, it is specifically understood that all components comprising the final product remain property of COC and they maintain intellectual right thereto. Client will be provided with product in physical and digital format, however the components remain property of COC, or the otherwise holders. Inclusive in this clause is the understanding that component fonts included in a logo will not be released to client together with the logo. Logo will be provided in vector graphic format, however usage of the component font must be negotiated with COC or the otherwise holder, unless client already holds ownership in said font.
8.6 COC maintains moral authorship of all works, including a prohibition on adaptations of any finalised work, or component thereof.
9. WAIVER:
No waiver by COC of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
10. SEVERABILITY:
Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
11. GOVERNING LAW AND JURISDICTION:
This Agreement shall be interpreted, construed and governed by the laws of the Republic of South Africa, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction for all litigation shall be the Magistrates Court of the District of Port Elizabeth, which shall not limit the commencement of action in any appropriate higher forum having jurisdiction.
12. CONFIDENTIALITY AND NON-DISCLOSURE:
12.1 All contents of any discussion, briefing, or quote, shall be considered confidential by both parties, and shall not be disclosed to any third party.
12.2 All contents of proofs shall also be considered confidential by both parties and shall not be disclosed to any third party.
12.3 Client will specifically not discuss the contents of any agreement, nor the pricing, with any third party, nor with any suppliers of COC, or their partners or agents. All correspondence will be done directly through COC and any discussion with their agents or suppliers will be considered disclosure of privileged information, and will be grounds for cancellation of this agreement, including forfeiture of deposit, and liability for incurred expenses, and possible damages.
12.4 Submission of any proof to a rival agency of either party, shall specifically be grounds for termination, as well as damages claim. Rival agency shall, for purposes of this agreement, include printers, creative design firms, their suppliers, or any person(s) in such related field.
All rights not expressly granted herein are reserved.