Terms and Conditions
Engage Brandcraft CC
We look forward to working with you and taking your brand to fresh heights and exciting new places. Before we kick-off, let’s get some formalities out of the way.
In the interests of transparency and to ensure that we’re all on the same page, you’ll find a breakdown of our Ts and Cs below. Steve, our legal man, has kept these brief and remarkably easy to understand. They do however cover important subjects, including the transfer of copyright in the work we produce for you and the privacy and security of the information you provide us with. We ask all clients to read everything carefully before we commence work.
Any questions, queries or concerns? Drop us a mail at any time!
- Our services will always be subject to these terms and conditions. We may change them from time to time, but you will be notified when changes are made if we have worked with you before. The most recent version of our terms and conditions document is always available for review on our website and we will send you a copy whenever you ask for one.
- We will start working for you as soon as we receive a written order or an accepted quotation from you along with a 50% deposit on each job as required.
- All our fees are quoted exclusive of VAT and our payment terms are as follows:
- If we are not responsible for production: 50% on commencement and 50% on completion of the project (with the handover of all final artwork or other production-ready deliverables as commissioned);
- If we are responsible for production: 50% on commencement, 35% on completion of all final artwork or other production-ready deliverables as commissioned and 15% on final delivery of produced items.
- When instructing us, please make sure that we are given all necessary information about your business, your goals and service requirements. If you need to provide us with any material (e.g. images, text), please make sure you get it to us on time (either before we begin or as agreed) to avoid delays.
- On that note, while we will move mountains to deliver on schedule, any delivery times discussed are estimates only and may be subject to change. We will not be responsible for any delays that are caused through no fault on our part.
- You will be asked to sign off on all final and/or production-ready artwork (including logo(s)), copy or other deliverables as commissioned. It is very important that you carefully check that this material is correct in all respects as we will not be responsible for any errors and omissions that are picked up after sign-off.
- You will be entitled to 1 (one) further cycle of changes on any final artwork (including logo(s)), copy or other deliverables as commissioned. Any changes to be made after that will be charged at our normal hourly rates or at a rate per set of structured changes as quoted. A cycle of changes refers to the set of revisions you request in an email or during a consultation with one of our team (on the phone or in-person).
- We may need to outsource parts of your work to one or more of our preferred partners or suppliers (who are either better or quicker than us in that particular area). We will discuss this with you before instructing anyone on your behalf. However, once we have agreed to use a third-party service provider or supplier, we cannot be held responsible for any delays or problems with their workmanship that are outside our control.
- Any confidential information, including know-how, trade secrets, marketing material and client information that is shared between us while we work together or which otherwise comes into our possession, will be kept confidential and treated with the same degree of protection as we would treat our own confidential information. We both agree not to disclose any confidential information to any other person without prior written consent, unless the information is available or known to the general public already. If we need to share any of your confidential information with other service providers or suppliers involved in doing your work, we will make sure they agree to be bound by the same obligations in this regard.
- Copyright in all materials, designs, and creative work and copy developed and/or used by us when performing our services will remain our sole property. You retain the copyright in any materials belonging to you which are provided to us. We will assign copyright in any final and/or production-ready artwork (including logo(s)), copy or other deliverables as commissioned, as soon as this work is paid for in full.
- We both warrant that we have the right to use any materials belonging to third parties in the performance of the services and hereby indemnify each other against any claims made by third parties arising from the alleged infringement of their intellectual rights.
- Should either of us breach these terms and conditions, we will give each other 7 (seven) days to remedy the breach, after which we will be entitled to cancel this agreement and claim damages for any loss suffered, or claim specific performance of the obligations that have not been fulfilled. If the agreement is cancelled due to your breach, we will still be entitled to payment for all work completed up to the date of cancellation.
- Our liability for any cause or reason arising from any services performed on your behalf will always be limited to the full amount payable to us for such services. We will never be held liable for any loss of profits or other consequential losses.
- While we will do our best to make sure no disputes arise between us, if we don’t see eye to eye on something, we will refer the dispute to arbitration. The arbitrator will be appointed by agreement within 7 (seven) days of the dispute being declared, or failing agreement, by the President for the time being of the Law Society of the Cape of Good Hope. The arbitration will be governed by the provisions of the Arbitration Act 42 of 1965.
- This is the only agreement between us. Any change or addition to be made must be done in writing and signed by both of us.
- No relaxation or indulgence granted to you or any other party should be seen as a waiver of our rights and we will always be entitled to enforce those rights at any time.
- If any of these terms and conditions are declared invalid or unenforceable by a court or other competent forum, the remaining provisions will not be affected and will remain in force.