Graphic & Web Design T’s & C’s

  • December 18, 2019

The following Terms and Conditions of Service apply to all products and services provided by
Keepgroup (Pty) Ltd (hereinafter referred to as iNCO Creative).

 

All work is carried out by iNCO CREATIVE on the understanding that the client has agreed to iNCO
CREATIVE’S terms and conditions. Copyright is retained by iNCO CREATIVE on all design work
including words, pictures, ideas, visuals and illustrations unless specifically released in writing and
after all costs have been settled. If a choice of design is presented, only one solution is deemed to
be given by iNCO CREATIVE as fulfilling the contract. All other designs remain the property of
iNCO CREATIVE, unless agreed in writing that this arrangement has been changed.

 

Project Acceptance
At the time of proposal, iNCO CREATIVE will provide the customer with a written estimate or
quotation. The Terms and Conditions can be read on the iNCO CREATIVE website. A copy of the
written estimate or quotation is to be signed and dated by the customer to indicate acceptance and
should be returned to iNCO CREATIVE. Alternatively, the client may send an official order in reply
to the estimate or quotation which binds the client to accept iNCO CREATIVE’S terms and
conditions, or an email acknowledging acceptance of the quotation. No work on a project will
commence until acceptance of the quotation has been received by iNCO CREATIVE.

 

Design Charges
Charges for design services to be provided by iNCO CREATIVE will be set out in the written
estimate or quotation that is provided to the customer. At the time of the customer’s signed
acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a nonrefundable deposit of 50% of the quoted fee will become immediately due. Work on the project will
not commence until iNCO CREATIVE has received this amount. Unless agreed otherwise with the
Client, all design services require an advance payment of a minimum of fifty (50) percent of the
project quotation total before the work is supplied to the Client for review. The remaining fifty (50)
percent of the project quotation total will be due upon completion of the work prior to upload to the
server or release of materials.

 

Source Files
Charges for design work do not cover the release of copyright design files including indd, psd, ai,
png, fla or any other source files; if the Client requires these files, they will be subject to a separate
quotation or ‘buy-out’ charge.

 

Charges for Other Services
Charges for any additional services over and above the estimated design, will become fully payable
(100% of the quoted amount) at the time of estimate or quotation acceptance.

 

Payment
The customer will be provided with an Approval Form and Invoice prior to final publication. At this
time the remainder of the amount due will become payable and the customer will also be required
to sign and return the Approval Form to iNCO CREATIVE. Accounts which remain outstanding for
30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding
amount. Payments may be made by online transfer, cash, cheque, credit card (Visa, Mastercard)
or Debit Card.

 

Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or
following a returned cheque. iNCO CREATIVE shall be considered entitled to remove iNCO
CREATIVE and/or the customer’s material from any and all computer systems, until the amount
due has been fully paid. This includes any and all unpaid monies due for services, including, but
not limited to, hosting, domain registration, search engine submission, design and maintenance,
sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve
the customer of its obligation to pay the due amount. Customers whose accounts become default
agree to pay iNCO CREATIVE reasonable legal expenses and third party collection agency fees
in the enforcement of these Terms and Conditions.

 

Copyrights and Trademarks
By supplying text, images and other data to iNCO CREATIVE for inclusion in the customer’s
website or other medium, the customer declares that it holds the appropriate copyright and/or
trademark permissions. The ownership of such materials will remain with the customer, or rightful
copyright or trademark owner. Any artwork, images, or text supplied and/or designed by iNCO
CREATIVE on behalf of the customer, will remain the property of iNCO CREATIVE and/or its
suppliers. The customer may request in writing from iNCO CREATIVE, the necessary permission
to use materials (for which iNCO CREATIVE holds the copyright) in forms other than for which it
was originally supplied, and iNCO CREATIVE may, at its discretion, grant this. Such permission
must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other
data to be used. By supplying images, text, or any other data to iNCO CREATIVE, the customer
grants iNCO CREATIVE permission to use this material freely in the pursuit of the design. Should
iNCO CREATIVE, or the customer 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 customer will agree to allow iNCO CREATIVE to remove and/or
replace the file on the site. The customer agrees to fully indemnify and hold iNCO CREATIVE free
from harm in any and all claims resulting from the customer in not having obtained all the required
copyright, and/or any other necessary permissions.

 

Alterations
The customer agrees that changes required over and above the estimated work or required to be
carried out after acceptance of the draft design will be liable to a separate charge. The customer
also agrees that iNCO CREATIVE holds no responsibility for any amendments made by any third
party, before or after a design is published.

 

Licensing
Any design, copywriting, drawing, idea or code created for the customer by iNCO CREATIVE or
any of its contractors, is licensed for use by the client on a one-time only basis and may not be
modified, re-used, or re-distributed in any way or form without the express written consent of iNCO
CREATIVE and any of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the
client with the appropriate authorities prior to publishing or first use or searches and legal advice
sought as to its use. iNCO CREATIVE will not be held responsible for any and all damages
resulting from such claims. iNCO CREATIVE is not responsible for any loss, or consequential loss,
non-delivery of products or services, of whatever cause. The customer agrees not to hold iNCO
CREATIVE responsible for any such loss or damage. Any claim against iNCO CREATIVE shall be
limited to the relevant fee(s) paid by the customer.

 

Data Formats
The client agrees to iNCO CREATIVE’S definition of acceptable means of supplying data to the
company. Text is to be supplied to iNCO CREATIVE in electronic format as standard text (.txt),
MS Word (.doc) on CD-ROM, USB, HDD, or via e-mail / FTP. Images which are supplied in an
electronic format are to be provided in a format as prescribed by iNCO CREATIVE via USB, or
e-mail / FTP. Images must be of a quality suitable for use without any subsequent image
processing, and iNCO CREATIVE will not be held responsible for any image quality which the
client later deems to be unacceptable. iNCO CREATIVE cannot be held responsible for the quality
of any images which the client wishes to be scanned from printed materials. Additional expenses
may be incurred for any necessary action, including, but not limited to, photography and art
direction, photography searches, media conversion, digital image processing, or data entry
services, colour correction and alteration of images

 

Design Project Duration
Any indication given by iNCO CREATIVE of a design project’s duration is to be considered by the
customer to be an estimation. iNCO CREATIVE cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that
cleared funds are received by iNCO CREATIVE for the initial payment or by date confirmed in
writing by iNCO CREATIVE.

 

Rights of Access for Website Construction
The client agrees to allow iNCO CREATIVE all necessary access to computer systems and other
locations, as required, in order to complete a website project and until all due funds are cleared,
including the necessary read/write permissions, usernames and passwords. The customer also
agrees to allow iNCO CREATIVE access to any computer systems, usernames and passwords
required to remove data and/or sites for failure to comply with these Terms and Conditions. The
customer agrees to supply iNCO CREATIVE with all necessary materials, electronic, or otherwise,
required to create and complete the project, and to supply them in a timely manner.

 

Design Project Completion
iNCO CREATIVE considers the design project complete upon receipt of the customer’s signed
Approval form. Other services such as printing, display panel production, filmwork, website
uploading, publishing etc either contracted on the clients behalf constitute a separate project and
can be treated as a separate charge.

 

Website Design Only
iNCO CREATIVE require that a template is approved by the customer before coding of a site
commences. Once the template(s) for the web site are approved by the customer, coding will
commence; any changes to navigation items, colours, structure or content that require changes to
the template will incur an additional charge.
Once web design is complete, iNCO CREATIVE will provide the customer with the opportunity to
review the resulting work. iNCO CREATIVE will make one set of minor changes at no extra cost
within 14 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 minor changes can be notified to iNCO CREATIVE by
e-mail or telephone and confirmed by post.
iNCO CREATIVE will consider that the client has accepted the original draft, if no notification of
changes is received in writing from the customer, within 14 days of the start of the review period.

 

Hosting Websites
iNCO CREATIVE offers a limited in-house hosting services through an out-sourced virtual server.
iNCO CREATIVE does not guarantee continuous service and will accept no liability for loss of
service, whatever the cause. iNCO CREATIVE may request that clients change the type of hosting
account used if that account is deemed by iNCO CREATIVE to be unacceptable because of poor
service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting
on iNCO CREATIVE’s virtual server are due at the commencement of any period of service and
are non-refundable. Fees due to third party hosting organisations are the responsibility of the client
and iNCO CREATIVE are not liable for their payment, nor for the renewal of domain names, which
are the sole responsibility of the customer / domain owner.

 

Domain Registration
iNCO CREATIVE cannot guarantee the availability of any domain name. Where iNCO CREATIVE
is to register a domain name on behalf of a client it will endeavour to do so but the client should
not assume a successful registration.

 

Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s
ranking, iNCO CREATIVE cannot guarantee any particular placement. Acceptance by any search
engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search
results varies from one search engine to another. Rankings will also vary as new sites are added.
iNCO CREATIVE recommend that customers use a professional SEO company and are happy to
provide details of such companies, but accept no responsibility for their services.

 

Design Credits
The customer agrees to allow iNCO CREATIVE to place a small credit on printed material
exhibition displays, advertisements and/or a link to iNCO CREATIVE own website on the
customer’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 customer also agrees to allow iNCO CREATIVE to place websites
and other designs, along with a link to the client’s site on iNCO CREATIVE own website for
demonstration purposes and to use any designs in its own publicity and portfolios.

 

Rights of Refusal
iNCO CREATIVE will not include in its designs, any text, images or other data which it deems to
be immoral, offensive, obscene or illegal. All advertising material must conform to all standards
laid down by all relevant advertising standards authorities. iNCO CREATIVE also reserves the
right to refuse to include submitted material without giving reason. In the situation where any
images and/or data that iNCO CREATIVE does include in all good faith, and subsequently
discovers is in contravention to such Terms and Conditions, the customer is obliged to allow iNCO
CREATIVE to remove the contravention without hindrance, or penalty. iNCO CREATIVE is to be
held in no way responsible for any such data being included.

 

Cancellation
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following
this, iNCO CREATIVE will need formal notification in writing to the company’s postal address. The
client will then be invoiced for all work completed over and above the non-refundable deposit that
will have been made at the time of first ordering. The balance of monies due must be paid within
30 days. Please note: any cancellation which is not formally confirmed in writing and received by
iNCO CREATIVE within 14 days of such instruction being issued, will be liable for the full quoted
cost of the project.

 

Disclaimer
iNCO CREATIVE makes no warranties of any kind, express or implied, for any and all products
and/or services that it supplies. iNCO CREATIVE will not be held responsible for any and all
damages resulting from products and/or services it supplies. iNCO CREATIVE is not responsible
for any loss, or consequential loss of data, or non-delivery of products or services, of whatever
cause. While we take reasonable steps to investigate the materials we recommend, we accept no
responsibility for the performance or quality of materials or any consequential loss arising from
their failure. The customer agrees not to hold iNCO CREATIVE responsible for any such loss or
damage. Any claim against iNCO CREATIVE shall be limited to the relevant fee(s) paid by the
customer.
iNCO CREATIVE reserves the right to use the services of sub-contractors, agents and suppliers
and any work, content, services and usage is bound by their Terms and Conditions. iNCO
CREATIVE will not knowingly perform any actions to contravene these and the client also agrees
to be so bound.
iNCO CREATIVE and its clients agree to comply with Printers Terms and Conditions which include
disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total
ordered. iNCO CREATIVE recommend that if an exact quantity is required, then 10% extra is
added to the quantity and extra time made available should the job be delayed.

 

General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any
form. iNCO CREATIVE reserves the right to change any rates and any of the Terms and Conditions
at any time and without prior notice.

 

Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by iNCO CREATIVE, by
email, verbally or in writing, is deemed to be acceptance of these terms and conditions.
An estimate validated by the customer’s signature on the estimate or quotation form, constitutes
acceptance of the estimate or quotation and agreement to comply fully with all the Terms and
Conditions and forms a Contract for Business between the signatory and iNCO CREATIVE.

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