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Graphic and Website Design Terms and Conditions

Graphic and Website Design Terms and Conditions

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. After starting any job with Mash Up Creative , you authorise Mash Up Creative to proceed with the creation of the service’s/product’s as discussed and confirmed on the Job Approval.

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to create your artwork, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/art work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your artwork or website, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final art work/ website, as these may arise through our lack of specialist knowledge regarding the content of your product and or services. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final artwork/website as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Mash Up Creative in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished artwork/ website, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Print Proof Agreement

If Mash Up Creative has provided you with a proof, you agree to the design and contents of the printed/pdf document as depicted on the proof. By approval via email, you absolve Mash Up Creative of all liability for any errors, omissions or discrepancies which may be present on the proof. Once the final proof if supplied, you are not able to make any changes to the final artwork, nor are you able to hold Mash Up Creative responsible for anything you are unhappy with. Our standard Terms & Conditions revokes your right to take any kind of action against Mash Up Creative for any aspect of the work with which you are later dissatisfied.

As long as the finished product is as discussed with Mash Up Creative and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable.

Making Changes After Proof Stage (Print Only)

If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability. Any changes made after a proof is signed off will result in extra charges.

Payment Terms (Print)

New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Purchase Orders / Issued by Mash Up Creative:

Mash Up Creative will not accept responsibility for any verbal orders placed by its employees. All orders must be placed in writing and have a Mash Up Creative order number failing which payments will not be made. Rejection fees must be agreed upon prior to any work commencing. All orders placed by Mash Up Creative are subject to the following conditions, which shall form basis of a contract between Mash Up Creative and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: A new order must be obtained for any additional work.

All orders placed by Mash Up Creative are subject to the following conditions, which shall form basis of a contract between Mash Up Creative and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following:

  1. Statements are to be dated at month end.
  2. All orders placed by Mash Up Creative are subject to the following conditions, which shall form basis of a contract between Mash Up Creative and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: All orders placed by Mash Up Creative are subject to the following conditions, which shall form basis of a contract between Mash Up Creative and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: Only one invoice per order will be accepted.
  3. Invoices must have the correct order number.
  4. This order is subject to the supplier not subcontracting this order without Mash Up Creative written consent.
  5. Mash Up Creative will not accept responsibility for any verbal orders placed by its employees. All orders must be placed in writing and have a Mash Up Creative order number failing which payments will not be made.
  6. Rejection fees must be agreed upon prior to any work commencing.
  7. All orders placed by Mash Up Creative are subject to the following conditions, which shall form basis of a contract between Mash Up Creative and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: A new order must be obtained for any additional work.
  8. Mash Up Creative reserves the right to reject any work that does not comply with the original brief, production schedule or order.
  9. Copyright to any work commissioned will remain the property of Mash Up Creative or the client concerned.
  10. No terms or conditions contained in any other document shall be valid and no variation of these conditions shall be binding upon Mash Up Creative.


Website Updates & Site Maintenance

These are charged at R450 ex vat per hour (or part thereof) for all design and development. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.

Hosting & Email Accounts 

No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client. Mash Up Creative take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name be purchased on their behalf be transferred to another host, a release fee of R450 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Mash Up Creative on the client’s behalf. It is not Mash Up Creative responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.

Warranty

Mash Up Creative guarantees all of its websites provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Mash Up Creative proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Website Proofs

Once a client has agreed a look and feel proof and instructed Mash Up Creative to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Exceptions (Web)

We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Mash Up Creative: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

Payment Terms (Web)

You agree to pay a deposit of 50% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on Mash Up Creative server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Mash Up Creative. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Mash Up Creative from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes/Estimates

All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter

Mash Up Creative reserves the right not to produce work that is in any matter deemed illegal, libelous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any artwork produced for the client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential Loss

Mash Up Creative accept no liability whatsoever for consequential or third-party losses, resulting in a delay in delivery howsoever caused.

Financial Loss

Mash Up Creative accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Mash Up Creative.

Force Majeure

Mash Up Creative accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability

Price Breakdown The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put on Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Credit Terms
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Mash Up Creative, without prejudice to other remedies, shall

(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and

(ii) in respect of all unpaid debts due from the client, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

Mash Up Creative agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential.

Delivery Note:

All goods supplied remain the property of Mash Up Creative, until such time as the goods are paid in full. The customer has no right to withhold payment for any reason whatsoever, and agrees that no extension of payment of any nature, shall be made unless agreed to, in writing, Mash Up Creative. Any delivery note signed by the customer or third party, and held by Mash Up Creative, shall be conclusive proof that the delivery was made to the customer in full unless reduced to writing and signed by Mash Up Creative. Mash Up Creative will automatically take off 2,5% for all payments made to suppliers due on 30 (thirty days) from statement, as early settled discount.

Mash Up Creative – Graphic Design, Website Design, Social Media Design and Digital Signage Design Agency South Africa
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