Graphic Design Terms and Conditions
By accessing or using our graphic design services, you agree to comply with and be bound by the following terms and conditions. These terms outline the rules and regulations for the use of our services, ensuring a clear understanding of the responsibilities and expectations for both parties involved. Please read them carefully. If you do not agree with any part of these terms, you must refrain from using our services.
These terms and conditions govern the relationship between Culture Collective Services (the “Service Provider”) and you, the client (the “Consumer”), regarding the provision of our graphic design services. Our aim is to deliver high-quality design solutions that meet your needs, and these terms are designed to facilitate a smooth and professional service experience.
For any questions or concerns please contact our Graphic Design Executive, Devin Nyschens: devin@culturecollective.co.za
Thank you for choosing Culture Collective Services. We look forward to working with you!
Consumer: An individual or entity receiving services from the Service Provider.
Third Party: An individual or entity that does not form part of the Service Provider or Consumer.
1. Services and Payment:
1.1. A quotation is valid for 10 working days from provision by the Service Provider. The agreed-upon services are subject to changes at the discretion of the Service Provider.
1.2. A 20% deposit may be required by the Service Provider. Payment should be effected upon acceptance of the quotation. No services will be rendered until proof of payment of the deposit is received.
1.3. No service delivery will commence, nor costs incurred, prior to the acceptance of the quotation.
1.4. All additions or changes must be requested by the Consumer within 10 working days after the provision of the draft design by the Service Provider. If the Consumer fails to request changes, the Service Provider will proceed with finalising the design as initially agreed upon. Additional costs will apply to any requests for changes after 10 working days of provision of the draft design.
1.5. Any additional or altered services requested by the Consumer based on an accepted quotation will not create a new agreement but will form part of the initial estimate, subject to these terms and conditions. Additional services or changes and additional costs must be accepted in writing by the Consumer prior to the commencement of service delivery by the Service Provider.
1.6. Payment must be made in full within 30 days of the Service Provider providing the invoice. 30-day accounts must be paid in full within 30 days of the Service Provider providing the account statement for further service delivery to take place.
1.7. The Service Provider reserves the right to withhold provision of the agreed-upon content until payment of the total amount has been effected by the Consumer.
1.8. Payments due and in default will be subject to repo interest rate.
1.9. The time and date of provision of the content are estimates and subject to change based on design, labor, and changes. The Service Provider cannot warrant exact dates and times for the completion of service delivery. Upon acceptance of the quote, 1 to 2 weeks should be allocated for design plans to be provided by the Service Provider.
2. Termination:
2.1. Should the Consumer terminate the services of the Service Provider prior to completion, the Consumer will be liable for any labor, services, and/or costs incurred up until the moment of termination.
3. Complaints:
3.1. The Consumer shall have the opportunity to examine the content and raise objections in writing within 5 days of the Service Provider providing the finalised content.
3.2. The Service Provider will evaluate the content and the complaint and provide the Consumer with feedback within 7 days of receipt of the complaint.
3.3. The parties agree that matters may be referred to the relevant Ombud or a relevant court with jurisdiction. The attorney-client scale will be applicable to any legal costs incurred by the Service Provider.
4. Domicilium:
4.1. The parties choose domicilium citandi et executandi for all purposes of this agreement to be the addresses contained in this agreement.
5. Copyright:
5.1. The content remains the intellectual property of the Service Provider. The Consumer undertakes to use the content for personal or business use and not to share it for unauthorised use by any other person or entity.
6. Quality Information:
6.1. The Service Provider shall not be liable for any damage, loss, or liability of any nature incurred by the Consumer resulting from:
6.1.1. Failing to provide access to information/content.
6.1.2. Failing to provide information/content.
6.1.3. Delaying the receipt of information or not providing information timeously.
6.1.4. Providing inaccurate and unreliable information.
6.2. Should the Consumer miss a communicated deadline, fail to provide accurate and reliable information, or fail to provide requested information timeously, the Service Provider cannot be held responsible for any consequences, liabilities, or damages.
7. Protection of Personal Information:
7.1. The Consumer consents to the business processing personal information provided for the purpose of the requested service delivery. The Service Provider undertakes to ensure the information is kept confidential, protected, and processed in terms of the Protection of Personal Information Act. If the Consumer wishes not to provide the requested information, is unable to do so, or objects to it being used, it may result in the business not being able to process the information sufficiently to provide the service requested. The Consumer has the right to access their information with a written request to the business’s information officer and to amend/delete/add to the personal information or request that the information no longer be processed. The Consumer has the right to contact the business’s information officer or the Information Regulator at complaints.IR@justice.gov.za should they feel unhappy with the manner in which information is processed.
7.2. Should any individual other than the Consumer with whom the agreement was entered request delivery of the goods, the Consumer must inform the Service Provider of such authorisation. Upon failure to do so, the goods will be retained by the Service Provider.
8. Signature:
8.1. By making use of our Graphic Design services, the Consumer acknowledges that they have read through this agreement, understood the terms and conditions, and are signing voluntarily, thus being bound to these terms.