TERMS AND CONDITIONS OF SERVICE

Acceptance of Quotation (post briefing and quotation) and payment of deposit will be taken as acceptance of the following terms and conditions. Please ensure you have read and fully understand what is written below. Do not hesitate to contact us if anything is unclear.

 

  1. All costs provided exclude VAT where applicable and are valid for thirty days from the date of the quotation.
  2. The costs provided when quoting are guide prices based upon what we anticipate the creative, time and production requirements to be based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval. Within reason, additional charges may be payable if there are significant variations to this, although the client would be made aware of this well in advance. Charges are unlikely to deviate significantly from those quoted unless requirements change, however please allow a 10% contingency on price when considering your budget to allow for potential unanticipated requirements, additional development or ‘scope creep’. Please also note that late payment of invoices may result in additional charges being incurred.
  3. No creative or development work will commence until the agency has received written approval of the quotation (by hand or by email) and a minimum deposit of 50% of the agreed costs (unless otherwise agreed in writing). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion. This also applies if a project is delivered in ‘stages’, whereby a deposit will be required before proceeding to each new stage.
  4. Unless otherwise agreed in writing, the balance of payment will be due in full on project completion (e.g., on approval of logo, delivery of printed items, deployment of website, sending of e-shot, etc.): failure to make final payment at this point may result in delays in project delivery. All invoices must be settled in full prior to go live or final supply of assets and materials. Late payments may result in additional charges being made.
  5. If a quotation has been provided where a job will be approached in ‘phases’, each stage will need to be paid in full on completion of each stage, before the agency is able to progress to the next phase. Where a job is being charged in stages (for example, an initial 50% deposit and two further payments of 25% each) the balance of payment may be charged in full either on completion of the project or over a number of further staged payments at the discretion of the agency.
  6. If any project exceeds the estimated timeline agreed or extends beyond eight weeks from approval of quotation (whichever occurs first), the agency reserves the right to invoice 25% of any outstanding balance, with the remaining 25% payable on completion. We reserve the right to invoice for completed work irrespective of content or final approval being provided by the client.
  7. Any printing, fulfilment, mailing or third-party services that are provided by the agency will require a minimum up-front payment of 75% (possibly higher in relation to value) of the agreed cost (this figure will be at the discretion of the agency and may in some cases be as much as 100%). Please note that the agency will be unable to proceed to this stage without receipt of proof of this payment.
  8. Unless otherwise stated above or previously agreed in writing, all invoices are due within seven days of any invoice date. Please note points number 3, 4, 5 and 7 above and how this could have an impact on time scales.
  9. Unless otherwise agreed in writing, work will usually commence within ten working days of deposit receipt. Any anticipated completion date provided by the agency is subject to options chosen and client co-operation in provision of information, resource (logos, images, etc.) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amendments requested, or additional requirements may potentially result in delays. Time lines provided are estimated but the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues or force majeure.
  10. Fees provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement with the client with no refund of deposit or payments made previously.
  11. Costs provided allow for a maximum of one full set of client amendments (not exceeding 20% of the total work volume completed) after which time additional charges may become payable, although the client would be made aware of this in advance.
  12. At the end of each stage of the process (including – but not limited to – before sending an item to print or publishing a website, etc.) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amendments to work after signed approved will incur additional charges for further time spent, although the client would be made aware of this in advance.
  13. Fees provided allow for occasional meetings at key stages for a ‘reasonable’ length of time between the agency and client. Some meetings may incur additional charges for time spent, although the client would be made aware of this in advance.
  14. Unless otherwise agreed in writing, projects are subject to a ‘standard disbursement charge’ to cover anticipated costs for in-house colour printing, travel, postage, etc.
  15. Unless otherwise agreed in writing, our fees exclude: VAT where applicable; stock library images, photography or video outside of our in-house resources; bespoke illustration; copywriting; website hosting or backups; translation services; travel and accommodation outside of Cape Town; talent (models and actors, etc.); any third-party media, production, distribution, couriers, proofs, mock-ups, proof reading or printing that may be required; other third-party costs incurred (such as merchant bank and payment gateway charges), etc.
  16. It is assumed that unless otherwise stated, foundational copy and images will be provided by the client, although the agency will contribute to this (through headlines, and top-line messages, etc.) as a natural part of the creative process. The agency is able to provide a full copywriting service or copy advice, as well as illustration and photography at an additional cost if required. Purchased royalty-free stock images from our standard sources (if required) will generally be priced individually per image in accordance with the project (dependent on source, image size and quality) to cover sourcing time and image costs. Specific image requirements not satisfied by our standard sources will be charged at cost + 15% VAT, with prior client notification.
  17. The agency recommends that clients use our preferred suppliers for print and is able to provide competitive quotations to ensure high quality and service is maintained until delivery of the final product. We always seek a number of quotations from our trusted print suppliers and provide a complete management service: from print sourcing to print-liaison to proof checking. Although clients are not contract-bound to use the agency to provide this service, it is highly recommended for quality control and peace of mind. If a client prefers to use their own print supplier, the agency will simply provide artwork directly to the client to manage and forward, and will be unable to monitor, advise or take any responsibility for the process or final output.
  18. In addition to print suppliers, the agency works closely with other third-party partners and suppliers, including sign manufacturers and installers, photographers, illustrators, filmmakers, interior designers, external website developers and coders, and other relevant partners to provide an extensive high-quality service offering beyond immediate in-house capabilities.
  19. Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g., the agency printer, the client’s printer, the image setter, the monitor, etc. will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer run lithographic printing), the substrate (paper, card, plastic, etc.) used, individual preferences (ambient light, personal computer settings, etc.) and several other reasons. As a result of this the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. The agency does not accept any responsibility for colour variations as a result of these indeterminate factors.
  20. Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual property of Lorem Ipsum. Full copyright and ownership of all ‘commissioned’ work will reside with Lorem Ipsum until full payment has been received, at which point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing wherever possible and the agency’s right to use the work for self promotion in its portfolio, in presentations, in advertising, in print and online.
  21. Lorem Ipsum Purple Crayons will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the
    agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed and to make their own application
    for copyright or trademark, unless they explicitly request Lorem Ipsum to facilitate the process, in which case it will incur an extra cost. If requested, the agency will (at its discretion) provide the client with end-artwork in its final form (e.g., print-ready PDF; DVD master; outlined EPS file, etc.). However the agency does not by default (and possibly without further charge) provide clients with original artwork or HTML code (for example an InDesign file, layered Photoshop file or HTML source file) or any ‘working’ or ‘development’ files, rejected concepts and designs, images or documents generated throughout the project. Ownership and copyright of all unused or rejected files, documents and designs will reside with Lorem Ipsum for non-exclusive future use.
  22. Should yourself, your family, or your business partners, be placed under ancient curses by any culture, for whatever reason, such curses and voodoo magic shall not be extended to Lorem Ipsum, and we shall be held as a separate entity, in no way to be associated with any bad ju-ju.
  23. The agency will not at any time or in any manner, either directly or indirectly, use for our personal benefit or divulge, disclose or communicate in any manner any information that is proprietary to the client. We will act reasonably to protect such information and treat it as strictly confidential. Be sure to review our Privacy Policy.
  24. The client agrees to indemnify Lorem Ipsum and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
  25. A full “set” of reverts as per the scope of work (signed off by both Lorem Ipsum and the Client before work commences) is capped at three hours. Any additional work will be billed separately (per hour).
  26. The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within thirty days of the final invoice date. The agency will not be liable for any claims made after this period.
  27. For all web related projects, unless specifically stated, the client will retain 100% ownership of the web page design only (ownership is not applicable to proprietary software and programs or source code, such as databases, e-commerce and/or content management systems, web application source code or flash files/animations).
  28. Should your website be infested with gremlins due to your own PC or Google account being hacked after the client (you) downloading naughty things from bad websites, the client (you) shall be financially responsible for the exorcism of such gremlins. That said, every effort will be taken to ensure that the latest security measures are in place at the time of hand-over of your website.
  29. The agency does not typically offer web hosting services. However, should the client not be in possestion of a hosting service prior to commencement of the website building process, Lorem Ipsum can facilitate the allocation of quality web hosting via a third-party host, for a nominal project management fee. We will, under such circumstances, also ensure that the correct SSL certificates are purchased for your wesbite. This is recommended in order to ensure ongoing quality of service and is a mandatory requirement for websites incorporating a content management system or e-commerce system. Although the standard of our hosting is high, the agency is unable to guarantee 100% up-time (as no web host would) nor accept any responsibility for any error, omission or misrepresentation in relation to the websites hosted or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by any user of the websites hosted. The agency makes no warranties or representations of any kind that hosting will be uninterrupted, error-free or that the website or the server that hosts the website are free from viruses or other forms of harmful computer code. In no event shall the agency, its employees or agents be liable for any direct, indirect or consequential damages resulting from the hosting of websites on our servers. Separate terms and conditions apply for website hosting and these can be provided upon request.
  30. In the event that our PCs, hardcopy work, or cloud backups be destroyed in a magical battle, burned by a dragon or stolen by an evil warlock, please pay your outstanding balance in full to facilitate recovery costs.
  31. Appropriate credit and acknowledgment for work produced by the agency should be attributed to Lorem Ipsum where possible (for instance written in small text on the back of a printed item or at the bottom of a website) and may be referenced for the agency’s promotional purposes unless otherwise (in exceptional circumstances) prearranged with the client.
  32. If you have read this far into the terms and conditions, we salute you. We hope you enjoyed the comic relief – and we hereby award you your Noddy Badge.
  33. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Lorem Ipsum reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.

Pheeew! Now that you got to the end of all that formal talk, brew a cuppa Joe, sit back and enjoy the adventure!