Terms and Conditions

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These are the terms and conditions on which BRANDKRAFT DESIGNS will carry out work for you. They will apply each time that you accept our proposals to do work for you, or carry out a Project. They set out our professional services and what you can expect from us. Please read them carefully.

                     

1Hiring

You may hire us to carry out a Project for you by either or all of the following:

(a) Signing and returning a Purchase Order to us;

(b) Accepting a Quote in writing or paying a stipulated deposit; or

(c) Giving us written, emailed or verbal authorisation to commence a Project, as dictated by us.

 

2Quotations and Estimates

If we provide, or have provided, you with a Quotation for the Project, then that Quotation:

(a) Is based on the Specifications, and is subject to change if the parties agree to amend the Specifications;

(b) Is valid for a period of 7 days from the date we issue the Quote.

 

3. Content and Materials Supplied by You

(a) You must supply to us all content and images you want us to use in the Project, and all other content and materials we reasonably request (Client Content). You must supply all Client Content at or before the execution of the Project.

(b) You must supply all Client Content in the following digital formats:

                       • Text

                       • Images: High resolution (300dpi TIFF or JPEG files);

                       • Logos: Vector format 

(c) You warrant that the materials or content you provide to us, or that are provided to us on your behalf, are not in:

• Breach of any rights (including Intellectual Property Rights or Moral Rights) of any third party; or

                       • Compromise of the security or operation of our computer systems, through a virus or otherwise.

(d) You indemnify, and agree to keep BRANDKRAFT DESIGNS, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.

 

4. Purchase of Images

(a) The Fees exclude any searches or purchases of photo images or other information 

(b) You can purchase images directly, or we can purchase photo images on your behalf. We may charge Additional Costs in respect of such purchases. We will endeavor to inform you of the expected Additional expenses.

 

5. Scheduling and Production

(a) We may run production schedules for the Project in consultation with you. 

(b) If you delay in providing requested information or in providing feedback we request, then this will result in:

                       • The delivery deadline being affected; or

• If the delivery deadline cannot be shifted, additional costs being charged, including incidental costs. We will charge these as Additional Costs.

 

6. Corrections and Alterations

(a) The Fees provide for two alterations by you to the artwork drafts we provide.

(b) If you request further editions, or the addition of new information after the second proposal, resulting in any further drafts being supplied, the additional work will be charged as Additional Costs at our then current Professional Rates.

(c) The alterations referred to in paragraph (a) do not include a change to the Specifications. If there are any changes to the Specifications after the Project has commenced, the additional work will be charged as Additional Costs at our then current Professional Rates.

(d) Where possible, we will attempt to provide you with an estimate of Additional Costs prior to undertaking the additional work. However, in some cases due to deadline constraints, this will not be possible and we may proceed with the work without providing an estimate.

e) We do not guarantee colour-matching against our drafts or client’s desired colours on the final product as colours often shift slightly due to things like heat and material supplier. 

f) Colours, shapes and sizes shown on our marketing materials may slightly vary with the actual product due to continuous product development or supplier variations. 

 

7. Returns 

(a) As branding is custom-made to client specifications and personalization, no returns are accepted if the work done can be proved that it is has resemblance to that which we agreed with the client.

b) where a client has brought their own material to be worked on which material we might have supplied they will take full responsibility of the quality thereof and no returns will be entertained.

c) Any genuine concerns on the quality of our products whose materials originated from our office will be reasonably looked into to the satisfaction of our customers.

 

8. Professional Liability

(a) If you are not a Consumer:

                       • Our liability to you for any Loss, however caused (including by our negligence), suffered or incurred by you in connection with this contract, whether or not you were aware of the possibility of such Loss to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement;

                       • The maximum amount you may claim from us for Loss suffered or incurred by you in connection with this agreement is limited to the aggregate amount of Fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason; and

 We are not liable for any

• Indirect or consequential loss, or any loss of revenue, loss of profit, loss of business opportunity, or

• Payment of liquidated sums, penalties or damages under any agreement sustained by you or any other

                       • Person arising from or in connection with the Project or this agreement;

Loss you suffer or incur by in connection with this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; or

                       • Loss you suffer or incur due to factors outside our reasonable control.

 (b) If you are a Consumer, our liability to you for failure to apply with any applicable Consumer Guarantee is limited to (at our election):

                       • In relation to goods:

                                              • Replacing the goods or supplying equivalent goods (or paying the cost of either); or

                                              • Repairing the goods, or paying the cost of having the goods repaired;

                       • In relation to services:

                                              • Resupplying the services to you; or

                                              • Paying the cost of having the services re-supplied.

 (c) If you are a Consumer, our liability to you for all Loss, however caused (including by our negligence), suffered or incurred by you in connection with this agreement, other than a failure by us to comply with any applicable Consumer Guarantee, is limited as set out in paragraph (a) above.

(d) Paragraphs (b) and (c) do not apply:

                       • In relation to a Title Guarantee;

                       • To the extent that it is not Fair or Reasonable for us to rely on them; or

                       • In relation to Consumer Goods or Consumer Services we supply to you.

 (e) Any condition or warranty which would be implied by law as a term of this agreement is excluded.

(f) In terms of materials and goods/assets delivered to us for working on them, we will endeavor to take utmost care when working on them but we hold no liability as to any damage, theft or loss that may occur by any means whatsoever. Please remove all valuable items from the assets/vehicles before leaving our premises. You further indemnify us of the same that may happen to you when you enter our premises, you enter entirely at your own risk.

 

9. Confidentiality

(a) Both parties agree to keep in confidence Confidential Information of the other party. Thus not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Quote. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement.

(b) The obligation of confidence in paragraph (a) is to the extent required by law at the least. 

 

10. Computation of Professional Fees

(a) If the Fees are not specified (in a Purchase Order, Quote or otherwise) at the commencement of the Project, prevailing market rates will apply for all work that we carry out for you in the course of the Project.

(c) Travel time may be charged based on our rate.

 

11. Payment and Invoicing

(a) You must pay the Fees and Additional Costs to us within 7 days as they fall due after the date on which we issue you an invoice for those Fees and Additional Costs in accordance with this clause 11.

(b) We may issue invoices for:

                       • 60% of Fees on delivery of Design Concepts to you or as the quote dictates;

                       • Balance of Fees upon completion of order; and

                       • all Additional Costs upon completion / delivery of job to you, and we reserve the right to issue a “Work in Progress” invoice at the end of each calendar month for the Fees and Approved Expenses incurred up to the date of the invoice if the Project has been active for over 30 days and has stalled, been placed on hold or delayed by you.

(c) For totals greater than R20,000; Payment terms are 65% on acceptance of the quote, and balance upon completion.

 

12. Duration of agreement and its termination

(a) Upon being set in motion by both parties this contract will take effect: immediately and remain in force until the purpose of the Project has been achieved, unless it is legally terminated earlier.

(b) A party may terminate this agreement by notice in writing to the other party if:

                       • The other party commits a material breach of this agreement that is capable of remedy (including failure to pay any amount due under this agreement) and fails to remedy that breach within [14] days after receiving notice from the other Party to do so;

                       • The other party commits a material breach of this agreement that is not capable of remedy or

                       • The other Party becomes Insolvent.

(c) We may terminate this agreement if:

• You do not provide any information or materials requested within a reasonable time after being asked to do so; or

                       • We consider that mutual confidence and trust no longer exist.

(d) Upon termination of this agreement under paragraph (b) or (c):

                       • Our obligation to carry out the Project ceases;

                       • Each party’s rights and obligations accrued prior to termination are not affected;

                       • The license granted in clause 11(b) ceases; and

                       • Each party must immediately return to the other party (or destroy or delete as the other party directs) all Confidential information of the other party in its possession or control, except to the extent that the party needs to keep such information to comply with its record keeping obligations

13. General

(a) Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.

(b) We may choose to subcontract our obligations to you to other competent professionals at our own discretion.

(c) All quotations are subject to stock availability.