INTRODUCTION

This Agreement defines the Terms & Conditions of services rendered by Simply Designz which regulate our working relationship. Should any service provided by Simply Designz be used, the Client will be bound by these Terms & Conditions as listed below. 

DEFINITIONS

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, graphic designs, videos, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under South African and International Copyright Law.

“Deliverables” means the services and work product specified in the Proposal to be delivered by Simply Designz to the CLIENT, in the form and media specified.

“Services” means all services and the work product to be provided to Client by Simply Designz as described and otherwise further defined.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

“Social Media Packages” refer specifically to the packages listed here: (https://simplydesignz.co.za/social-media-packages/)

“Additional Design Fees” refer specifically to the fees listed here: (https://simplydesignz.co.za/social-media-packages/#additional-design-fees)

1. SUBCONTRACTING

1.1) Simply Designz reserves the right to subcontract any services that we have agreed to perform for you as we see fit. Any subcontractors or external suppliers will be bound to the terms of this agreement.

2. PAYMENTS & SUSPENSIONS

2.1) All fees for work already done are non-refundable.

2.2) All payments will be in advance and will be made directly to the company.

2.3) No work will be done until Invoices have been paid in full.

2.4) Invoices for monthly services will be submitted on the 25th of each month. Payments need to be made strictly as per invoice date.

2.5) Simply Designz reserves the right to suspend all services due to non-payment until the account has been brought up to date.

2.6) Simply Designz provides a 5 day grace period for monthly services from the time the invoice is due and when it must be paid.

2.7) Any invoice that is overdue for 5 working days will result in service suspension until the account balance has been paid in full.

2.8) No services will resume until all outstanding payments have been received.

3. COPYRIGHT

3.1) The CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances.

3.2) The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Simply Designz uses for any project.

3.3) The CLIENT indemnifies Simply Designz against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

4. OWNERSHIP / PROJECT COPYRIGHT

4.1) Simply Designz reserves all rights over all content and creative ideas carried out/ supplied under the “Social Media Package” options and not specifically paid for under “additional design fees” section, and as such remains the IP (intellectual property) of the Company, alternatively, the designs mentioned have been costed, quoted and paid for under the “additional design fees” section as applicable.

4.2) Any and all artefacts created under the “Social Media Package” options may therefore NOT be downloaded, stored, printed or redistributed / reposted on any platform in any format whatsoever i.e. digital, paper, CD, etc.

5. ADDITIONAL CHARGES

5.1) All rates provided in your agreement are for the work actually contemplated by the quoted agreement.

5.2) In the event that additional work is required or requested beyond what is reasonably contemplated by the quoted agreement. The Customer agrees to pay any additional charges for such unanticipated or requested work at an hourly rate or monthly fee. 

5.3) All additional work or change requests will be slotted into the work flow of the project at the appropriate time at the discretion of SImply Designz. Should the Client require immediate attention for the additional work or change requests, this may disrupt the workflow of the project in question as well as other client’s projects and will result in additional costs to the client.

5.4) All artworks come with a maximum of three(3) revisions, any subsequent work will be charged for by the hour at a rate of R450,00.  

5.5) Additional design services are available by the Company at R450.00 per hour and will be billed separately.

5.6) There will be a separate billing for consulting services at the rate of R450.00 per hour.

5.7) All websites designed by the Company require a monthly service fee of R300.00 to maintain the security of the website and to keep the software updated.

5.8) Other expenses apart from normal overhead are not added in this agreement and payment for them will be done separately.

6. REFUNDS

6.1) Refunds will only be applicable to overpaid services or services not delivered in a timely manner as outlined by the quoted agreement.

6.2) 3rd Party Services refunds are based on the 3rd parties own refund policy and Simply Designz will not be liable for any costs or charges of 3rd party services used.

7. CANCELLATIONS

7.1) All cancellations must be requested 30 days in advance via email writing.

7.2) In the event of cancellation of the project prior to completion, the CLIENT will be liable for 1 month’s payment as per the 30-day cancellation notice. 

7.3) Simply Designz will provide a grace period and keep the clients files in a suspended state for up to 90 days from the cancellation date should the client wish to re-activate their services.  After 90 days have passed Simply Designz reserves the right to remove all files from our servers. There is no guarantee a backup will be available after this grace period.

8. CLIENT RESPONSIBILITIES

8.1) Colours on artwork will not always display the same on different devices or when printed. Therefore, if you need a specific colour used in a design, it is your responsibility to give us the PANTONE colour or HEX code to ensure accuracy.

8.2) As part of the design process, the Company will provide you with a proof, it is your responsibility to ensure that there are no spelling errors or other defects.

8.3) Once the artwork has been sent, you have 14 days to respond, after this time, your artwork will be considered approved and any changes thereafter will be charged for.

8.4) Simply Designz can not be held liable for any costs and/or damages arising from defects in content that has either been approved or is considered approved due to no response.

9. FORCE MAJEURE

9.1) Simply Designz shall not be deemed in breach of this Agreement if Simply Designz is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God, death, illness or incapacity of Simply Designz or any local, provincial, national or international law, governmental order or regulation or any other event beyond Simply Designz’s control (collectively, “Force Majeure Event”).

9.2) Upon occurrence of any Force Majeure Event, Simply Designz shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

10. COMMUNICATION

10.1) All communication regarding design briefs and service changes must be done in writing via email.

11. REFUSAL OF SERVICE

11.1) Simply Designz reserves the right to refuse, cancel, or suspend service at our sole discretion within human reason.

12. ACCIDENTAL PRICING OR HUMAN ERROR

12.1) Although every effort has been / will be made to proofread and check all packages and information to be accurate errors do occur.  Simply Designz takes no responsibility for any mistakes or information that was accidentally provided inaccurately.  Simply Designz will endeavor our best efforts to correct any mistakes provided to the client.

13. LEGAL

13.1) Simply Designz reserves the right to contact legal assistance should there be any dispute over payments or services rendered.  The client will be held liable for all legal charges and damages caused to Simply Designz.