GRAPHIC DESIGN - TERMS AND CONDITIONS

  • GENERAL TERMS
    • Clients are expected to work with InDigita throughout the design process in order to achieve the results described in the Graphic Design Proposal.
    • The client agrees that it is their own responsibility to provide InDigita with all the content needed on the website for InDigita to complete the Web Design as outlined in the Client Information Requirement sheet.
    • This proposal shall be governed by the laws of the Republic of South Africa. 
  • FINANCIAL POLICY
    • After the Graphic Design Proposal has been accepted, you will receive the full invoice (100%).
    • Unless the monthly payment option is chosen, payment in full is required upon commencement of the project.
    • All prices are VAT excluded unless otherwise stated.
    • Three (3) concepts are included in the price.
    • The Graphic Design Proposal specifies the charges and payment terms for the services.
    • Annual price increase: A standard price increase is implemented every year on 1 January. Our financial year runs from 1 January to 31 December. Details regarding the increases will be communicated to the clients.
    • During the design process, it is common for additional materials to be requested, such as stock photography and commercial fonts. The client agrees to pay an additional fee to cover the cost of a picture and a font for each image used in the final design in addition to the scope as outlined above.
    • If this is required and agreed upon, the client will be invoiced separately, and payment is due within 30 days of the invoice date.
    • Additional charges not included in the cost estimate and/or the client’s specifications will be disclosed, and the client’s consent or dissent must be made within 30 days of receiving the quotation. 
  • COPYRIGHTS, OWNERSHIP AND TRADEMARKS
    • The client affirms that they have the relevant copyright and/or trademark authorisation by giving text, photographs, and other data to InDigita for use in the client’s brochure, website, or other media. The client, or the appropriate copyright or trademark owner, will retain ownership of such items.
    • By providing InDigita with images, text, or any other data, the client provides InDigita permission to use this material freely in the development of the design and to utilize the designs in InDigita’s portfolio unless otherwise agreed.
    • If InDigita or the client supplies an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium that is initially found to be copyright and royalty free, the client agrees to allow InDigita to remove and/or replace the file if there are copyright or royalty free usage limitations.
    • The client agrees to fully indemnify and hold InDigita harmless in the event of any claims arising from the client’s failure to obtain all relevant copyright and/or licenses.
    • InDigita may decide to use any artwork/design for its own marketing and portfolio purposes.
    • InDigita retains the copyright to all graphic design work, including copy, concepts, ideas, proofs, and illustrations (unless expressly released in writing) until all invoices have been paid. 
  • ALTERATIONS, REVISIONS AND SUPPLY OF CONTENT
    • The client acknowledges that any revisions required outside the projected scope of work or after the draft design has been accepted will be subject to a separate charge.
    • The client acknowledges that InDigita is not responsible for any third-party changes made before or after a design is released.
    • Unless otherwise agreed upon or if InDigita’s copywriting services are used, the client must provide their text for their project in text file format as well as graphics (logos, photos, etc.) to be used before the start of the project. Text should be as close to final format as feasible, with material that is accurate, spelling and grammar checked, and minimal to no formatting (includes text from previous websites). InDigita assumes that all written content complies with all applicable copyright laws.
    • Unless otherwise agreed upon or if using InDigita’s stock image services, images must be provided before work begins. Logos/images in original Illustrator / Photoshop format, or hi-res JPEG files, should be delivered in the highest resolution electronic format feasible (300 dpi). InDigita assumes that all necessary permissions have been obtained and/or royalties for photos used have been paid.
    • Projects only comprise two rounds of minor adjustments or author’s edits of the chosen project, unless otherwise quoted or agreed. An extra hourly fee will be levied after two modifications per project. Before beginning any work that will result in additional charges, we will notify you and obtain your consent. 
  • DESIGN PROJECT DURATION
    • Any estimate of a design project’s duration provided by InDigita is to be considered an estimate by the client. InDigita cannot be held liable for any project delays, regardless of the source. The project’s estimated timeframe should begin when the deposit has been cleared and received by InDigita. 
  • RIGHTS OF REFUSAL
    • InDigita will not incorporate any text, photos, or other material in its designs that it considers to be immoral, insulting, vulgar, or illegal.
    • All advertising materials must adhere to all applicable advertising standards set forth by the relevant advertising standards authority.
    • InDigita also maintains the right to reject any material supplied without explanation.
    • If InDigita includes images or data in good faith and later discovers that it violates these Terms and Conditions, the client must allow InDigita to remove the violation without interference or penalty.
    • InDigita cannot be held liable for any such data that is included. 
  • CANCELLATION
    • Please send all cancellation requests to cancel@indigita.co.za
    • If a client cancels or changes an order or a part of an order after InDigita has received it, InDigita reserves the right to charge extra fees. 
  • DISCLAIMER
    • For any and all products and/or services that it provides, InDigita makes no warranties of any kind.
    • InDigita will not be held liable for any and all damages that may occur as a result of the products and/or services it provides.
    • While InDigita will take reasonable steps to examine any unsatisfactory results and correct faults when possible, they will not be held liable for any consequential losses incurred as a result of following a client brief.
    • The client accepts that InDigita will not be held liable for any such loss or harm.
    • Any claim against InDigita is limited to the amount paid by the client for the relevant fee(s).
    • InDigita reserves the right to use subcontractors, agents, and suppliers, and any work, content, services, or usage is subject to their Terms and Conditions.
    • InDigita will not intentionally take any acts that are in violation of these, and the client agrees to be bound by them as well.