Graphic Design - Terms And Conditions

  • GENERAL TERMS
    • During the design process it is expected that the client will work with Starbright to reach the results outlined and agreed to in the Graphic Design Proposal.
      • In this regard the client agrees that it is their own responsibility to provide Starbright with all the content required on the website in order for Starbright to complete the Website Design and Development as indicated in the Client Information Requirement sheet.
    • The laws of the Republic of South Africa shall govern this proposal.
       
  • FINANCIAL POLICY
    • You will receive the full invoice (100%) after the acceptance of the Graphic Design Proposal.
      • Full payment is required upon commencement of the project, unless the monthly payment option is chosen.
    • All prices exclude VAT unless stated otherwise
    • Price includes up to three (3) concepts, and three (3) proofs from concept approval
    • The charges for the services and the payment terms applicable are set out in the Graphic Design Proposal.
    • Annual price increase: Our financial year runs from 1 March to 28 February and a standard price increase will occur on 1 March every year. We will communicate the details of the increase to our clients.
    • It is common during the design process that additional materials may become necessary i.e. stock photography or a requested commercial font is required. In this instance, the customer agrees that a price per picture and per font will be applied to the final design fees and will be payable in addition to scope as set out above.
      • Should this be required and thereafter agreed upon, the customer shall be invoiced separately and payment must be made within 30-days from date of invoice.
    • Additional costs above and beyond the cost estimate and/or the client's specifications will be stated, and consent or dissent must be given by the client within a period of 30-days upon receiving the quotation.
       
  • COPYRIGHTS, OWNERSHIP AND TRADEMARKS
    • By supplying text, images and other data to Starbright for inclusion in the client's brochure / website or other medium, the client declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
    • By supplying images, text, or any other data to Starbright, the client grants Starbright permission to use this material freely in the pursuit of the design and to utilise the designs in Starbright's portfolio unless agreed otherwise.
    • Should Starbright, or the client 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 found to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Starbright to remove and/or replace the file.
    • The client agrees to fully indemnify and hold Starbright free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
    • Starbright may use any artwork/design for its own promotion and portfolio use
    • Copyright of all graphic design work is retained by Starbright including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
       
  • 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 agrees that Starbright holds no responsibility for any amendments made by any third party, before or after a design is published.
    • Unless otherwise negotiated, or Starbright's copywriting services are used, the client must supply text for their project 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 to no formatting (includes text from previous websites). Starbright assumes all written content adheres to copyright laws.
    • Images are also expected to be supplied before work begins, unless by prior negotiation or if using Starbright's photography or stock image services. 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). Starbright assumes that all correct permissions have been sought and/or royalties paid for images used.
    • Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author's revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
       
  • DESIGN PROJECT DURATION
    • Any indication given by Starbright of a design project's duration is to be considered by the client to be an estimation. Starbright cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed from the date that the deposit has been cleared and is received by Starbright.
       
  • RIGHTS OF REFUSAL
    • Starbright 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.
    • Starbright also reserves the right to refuse to include submitted material without given reason.
    • Any images and/or data that Starbright does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Starbright to remove the contravention without hindrance, or penalty.
    • Starbright is to be held in no way responsible for any such data being included.
       
  • CANCELLATION
    • All cancellation requests to be sent to cancel@starbright.co.za
    • If a client cancels or alters any order or part order at any time after Starbright has received the order, Starbright reserves the right to render additional costs.
       
  • DISCLAIMER
    • Starbright makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
    • Starbright will not be held responsible for any and all damages resulting from products and/or services it supplies.
    • While Starbright will take reasonable steps to investigate any unsatisfactory result and rectify issues where they can, they will accept no responsibility for any consequential loss after following a client brief.
    • The client agrees not to hold Starbright responsible for any such loss or damage.
    • Any claim against Starbright shall be limited to the relevant fee(s) paid by the client.
    • Starbright 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.
    • Starbright will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

 

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