T E R M S A N D C O N D I T I O N S
The T is for Transparency and the C is for Clarity- we believe in empowering our clients with the necessary information to make informed decisions that will lead to the growth and betterment of their businesses. We insist that every one of our clients take the time to go through our terms and conditions and ask for clarity on any aspects they’re unclear on before entering in a contract with us.
The following terms and conditions apply to all artwork, graphic design services and products provided by The Design Goddess. All design and print work is carried out on the understanding that the client has agreed to these terms and conditions. Copyright is retained by The Design Goddess on all design work including images, text, ideas and illustrations unless specifically released in writing and after all costs are settled.
ACCEPTANCE OF INVOICE AND TERMS AND CONDITIONS
At the time of proposal, The Design Goddess will provide the customer with an estimate or invoice. Invoice & Estimate prices are valid for a period of 30 days from the date they are issued. Confirmation of acceptance of the invoice should be given in writing by the client.
At the time of the customer’s written acceptance of this estimate or invoice, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the invoiced fee will become immediately due. For invoices of less than R1000, the entire amount is immediately due before we commence work on designs. All invoices valued at more than R1000 require a non-refundable advance payment of fifty (50) percent of the invoiced total before the work commences. The remaining fifty (50) percent of the total will be due upon completion of the work prior to upload to the server or release of materials with no watermark. Invoices not paid within 10 days from this point will be subject to an additional R100 levy every 10 days until full payment including the levy is received All content provided by The Design Goddess to the client will be watermarked and remains the property of The Design Goddess until 100% of the funds have been cleared into our account. Publication and/or release of work done by The Design Goddess on behalf of the client, may not take place before funds have cleared. You do not own the rights to the designs or website until the full amount has been paid to Design Goddess Thus your deposit does not guarantee you partial designs or a partial website, but only that the graphic design/ website design will commence
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payments can be made by cash, EFT or direct bank transfer. Direct bank transfers from all non-FNB/RMB clients must be paid to clear (paid instantly). Design work will not commence until funds have cleared into our account. Please note that an extra R100 fee is payable for payments made using cash deposit.
Once payment has been made, there will be no reimbursement of funds unless agreed by The Design Goddess in writing.
Invoices that have not been paid in full within 3 months (90 days) will be considered null and void and we (The Design Goddess) reserve the right to discard any design materials created by The Design Goddess on the client’s behalf until full payment has been released and cleared into our account. This includes any and all unpaid monies due for services, including, but not limited to, design work, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers etc. This, however, does not relieve the client of their obligation to pay the due amount. Clients whose accounts become null and void agree to pay The Design Goddess reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYYRIGHTS AND TRADEMARKS
By supplying text, images and other data to The Design Goddess for inclusion in the customer’s business cards, flyers, pamphlets, 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 The Design Goddess on behalf of the customer, will remain the property of The Design Goddess and/or our suppliers.
By supplying images, text, or any other data to The Design Goddess, the customer grants The Design Goddess permission to use this material freely in the pursuit of the design.
Should The Design Goddess or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 The Design Goddess to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold The Design Goddess 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
The Design Goddess may use any Artwork/design for its own promotion and portfolio use.
Copyright of all graphic design work is retained by The Design Goddess including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts are submitted, only one concept is deemed to be given by The Design Goddess as fulfilling the contract. All other artwork designs remain the property of The Design Goddess, unless agreed in writing. We reserve the right to use and repurpose and such additional concepts that are not included under the fulfilment of this contract.
ALTERATIONS, REVISIONS AND SUPPLY OF CONTENT
The client 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 client also agrees that The Design Goddess holds no responsibility for any amendments made by any third party, before or after a design is published.
Unless otherwise negotiated or The Design Goddess’s copywriting services are used, the client must supply text for their project which is to be uploaded on our Content Submissions Page of our website or sent to us via email in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). The Design Goddess assumes all written content adheres to copyright laws.
Images are also expected to be supplied on our website’s Content Submissions Page or via email before work begins, unless by prior negotiation. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). The Design Goddess assumes that all correct permissions have been sought and/or royalties paid for images used.
Website/ design content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Unless otherwise quoted or negotiated, minor changes or author’s revisions of the chosen project (only) can be made within 3 business days following the submission of the final project. Revisions will be submitted one (1) working day after they have been requested. Following revisions after these 3 business days, an additional R200 fee will be charged per revision or per project depending on the size of the revisions. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
The Design Goddess cannot guarantee the availability of any domain name. Where we are to register a domain name on behalf of a client, we will endeavour to do so but the client should not assume a successful registration.
Domain registration may be offered free of charge with Hosting and web design products, depending on the nature and type of domain. This offer is based on the assumption that the domain (and site content) will be hosted with The Design Goddess for a reasonable period.
The client will be required to pay an annual renewal fee for their domain which will cost between R200-R400 (roughly $15/ €10) depending on which domain they’ve purchased. The payment can be made to The Design Goddess who will pay it on behalf of the client to the correct authorities. The Design Goddess will notify the client beforehand when the yearly renewal fee is almost due. Failure to make annual payment for the renewal of a domain could result in its expiration- meaning that it may be purchased by someone else.
The Design Goddess offers limited hosting services through an out-sourced virtual server. We do not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Under these terms, The Design Goddess offers website and email hosting “for free” to its web design clients for the first year (the first 12 months) from the start date of their website projects. After this time period, the client will become liable for remitting annual or monthly payments for their website and email hosting services. The client will be notified in advance (30 days) via email when it’s almost time to start remitting payment for email and website hosting. Failure to make payment for email and website hosting after the first year could result in the temporary suspension of the clients email and website services. In such an event, The Design Goddess accepts no liability for any loss of sales. Continued non-payment could eventually result in the permanent removal of the clients website from The Design Goddess servers.
The customer agrees to allow The Design Goddess to place a small credit on printed material exhibition displays, advertisements and/or a link to The Design Goddess’s 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 The Design Goddess to place websites and other designs, along with a link to the client’s site on The Design Goddess’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
RIGHT OF REFUSAL
The Design Goddess will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.. The Design Goddess also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that The Design Goddess does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow us to remove the contravention without hindrance, or penalty. The Design Goddess is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, The Design Goddess will need formal notification in writing. 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 The Design Goddess within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
ACCEPTANCE OF TERMS AND CONDITIONS AND QUOTAITON
The placement of an order for design and/or any other services offered by The Design Goddess, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available on our social media platforms.
An invoice validated by either the customer’s signature on the invoice or written agreement by email or telephonic communication constitutes as acceptance of the invoice and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and The Design Goddess.