1. Proof of Payment is required before first consultation appointment or training sessions.
2. All prices quoted are valid for 7 days and will need to be reconfirmed after this time, unless otherwise stated.
3. On acceptance of the quote, a deposit of 50% will need to be paid in order for the project to get started. Full payment is due however, should the projects totals be lower than R1000. The project will be allocated into the work schedule as soon as deposit/payment has been received. However, if the work is urgent, urgent fees would apply if you required your project to be rushed to the front of the work schedule.
4.1 The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, Kreative Konceptionz reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
4.2 Additionally, no design or development work will begin, unless Kreative Konceptionz has been provided with all content and specifications documents necessary to complete the project, by the client.
4.3 Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
4.3.1 the client’s failure to provide all necessary content & project specifications as described in point 4.2;
4.3.2 timeous approval of the various stages of the project;
the 50% deposit will expire and the paid amount will be forfeited. In such a case, Kreative Konceptionz shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
5. Alternatively to point 4 above, Kreative Konceptionz reserves the right to impose a surcharge of up to 30% should client wish to continue with the project. All work still to be started would be re-quoted based on current rates.
6. Hosting is paid to an external service provider. One month’s notice is required for cancellation. Late penalty fee of R100 after due date for all hosting payments. Accounts will be suspended from the 1st of the month not paid for.
7. Where the project includes printing by Kreative Konceptionz, the client acknowledges that due to the nature of the process there may be some non-material variation in colour tone or printing quality. Kreative Konceptionz warrants it will use reasonable care and skill in the production of the printed items. A proof can be requested beforehand and must be signed or accepted by the client. If revised proofs are desired, request should be made when proofs are returned. A reasonable (5% -10%) variation in colour between colour proofs and the completed print job shall constitute acceptable delivery. Kreative Konceptionz cannot be held responsible for errors under either or both of the following conditions; if the customer has failed to return final proofs with indication of changes and corrections or if the customer has instructed Kreative Konceptionz to proceed without submission of proofs. Any changes made after the proofs are signed off or accepted will incur extra costs depending on extent of changes.
8. Print costs will be invoiced as soon as the print quote is approved and must be paid before the project goes to print.
9. On completion and approval of the project, you will be invoiced the balance due, including additional costs such as CD’s, project materials, etc.
10. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, energy failure, equipment breakdown or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay. Where production schedules are not adhered to by the client, final delivery date(s) will be subject to renegotiation.
11. Kreative Konceptionz reserves the right to stop work on the project or suspend services should any account not be paid as per arrangement.
12. In the event of the client failing to comply with his obligations in terms of the agreement and remaining at breach for fourteen (14) days after receipt of a written or electronic demand calling upon him to rectify the breach, the supplier shall be entitled to enforce the terms of this agreement and claim his rights to claim any damages which he may suffer as a result of such breach. The project will then be deemed complete.
13. In the event of the supplier having to institute legal proceedings to enforce his rights set out in this agreement the client will be liable to pay all legal costs.
14. Project Completion – you agree to provide timely responses to any status notifications that Kreative Konceptionz sends to you. You shall have 5 days to respond to each response sent to you. If after 5 days you have failed to respond, Kreative Konceptionz will assume that your project is complete and the project shall be deemed completed. At such time, Kreative Konceptionz will have no further obligation to you, and you will pay Kreative Konceptionz pursuant to the provisions of these Terms and Conditions.
15. Notwithstanding the foregoing, Kreative Konceptionz reserves the right, in its sole discretion, to terminate your access to all or a portion of the service, at any time, with or without notice. In the event of such termination, Kreative Konceptionz will determine, in its sole discretion, whether you are entitled to any refund.
16. Should the completion of work be delayed due to any hold-ups from the client’s side, the balance on your account will be invoiced immediately.
17. Projects will not be handed over to the client or to the printer if there are any payments still outstanding and all works will remain the property of Kreative Konceptionz and cannot be used by the client in advertising.
18. In the event of any proposal not accepted by the client all copies of the proposal together with any accompanying documentation shall remain confidential. Any tender, draft or proposal shall be treated as confidential information by the client who shall not divulge nor permit any of its family, friends or employees to divulge the contents thereof.
19. Any alteration to the project agreed between the client and Kreative Konceptionz shall entitle Kreative Konceptionz to review and adjust any costing or timetable provided to the client. A total of 3 changes (unless otherwise stated) are allowed to a client for design projects. If more changes are requested, an hourly rate for these changes will be added to the total of the final invoice.
20. The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any non-conformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labour or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. The client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Kreative Konceptionz may become a party by reason of this contract.
21. The client assumes full reproduction rights upon full payment for completed project. The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer’s business. Kreative Konceptionz reserves such rights as are necessary for Kreative Konceptionz to use the work and designs for its archive and/or any advertising of its business (if any).The client will be given any necessary credit for usage of the project elements if applicable.
22. The client acknowledges that each project is created according to its own instructions and Kreative Konceptionz makes no warranty as to its quality or suitability for any purpose or compliance with any rules, regulations, standards or criteria that the work or design completed will reasonably conform to the project. Where pre-production proofs or drafts are submitted for approval to the client the client shall be responsible for the correction of errors or omissions and Kreative Konceptionz shall bear no liability whatsoever in respect of any errors or omissions subsequently discovered.
23. Kreative Konceptionz warrants that it has not knowingly infringed any copyright design right or patent in the completion of the project and subject thereto the client agrees to indemnify Kreative Konceptionz against any claim for infringement of any such right.
24. The client warrants that the information given to Kreative Konceptionz in the project does not infringe any patent copyright or design right; is not information received by the client in confidence from a third party; is not defamatory and does not contravene any act of Parliament, any subsidiary legislation, any order of any Court or any other restraint and agrees to indemnify Kreative Konceptionz against any claim arising from the use thereof in breach of any such matter.
25. On approval of the quotation and payment of your deposit, you are agreeing to our terms and conditions as stated above.