Projects Terms & Conditions

Like any great game, there are some rules to play by.

Updated: 20 November 2017

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DEFAULT WORKING TERMS AND CONDITIONS

Payment

  • A deposit of 50% is payable before the commencement of any once-off work.
  • The first retainer payment is required before the commencement of ongoing service retainer projects.
  • Once a project is signed off, all additional work will be done in either retainer hours or subject to an hourly rate of R550/hour.
  • Late payments will be subject to 10% increase in the original agreed upon amount.
  • The project will not be handed over or go live (in the case of a website) if the final payment has not been cleared.
  • Non-payment will lead to cancellation of the project responsibility from Pathfind Media and legal action.

Content

  • The client should provide the final content for the project:
    • Copy (text) to be used in the project, in MS Word or Google Docs format
    • Logos to be used in the project, in PNG (transparent background) or open file (Adobe)
    • Visual content (photos, illustrations, videos) to be used in the project in appropriate formats (jpeg, png, mp4)
    • Social media links or content
  • We only accept the final, acceptable content (no draft versions). Any changes we need to do because of incorrect or inappropriate content (for e.g. grammar errors or images in incorrect formats) will be subject to subsequent charges with or without notification.
  • Writing of copy, re-creation of logos, stock photography and other graphics are not included in this quote, and will be subsequently charged, unless specifically included in the package or invoice.
  • Any of the above can be generated by Pathfind Media as a subsequent service which implies an additional cost to the primary project.
  • The client undertakes to give specific guidelines as to where the content needs to be used, and assumes all responsibility for text content and copywriting unless expressly noted otherwise.
  • Please don’t provide pictures inside Word-, Excel- or PowerPoint documents.
  • Changes or additions to content after incorporation into designs will be subsequently charged for at an hourly rate of R550/hour.
  • If the client is late in providing content, Pathfind Media will not be held liable for late delivery of the project. The client hereby waivers any right to hold Pathfind Media liable for late delivery, due to late provision of content.
  • The number of visual items are limited to 20 visuals per page, unless otherwise specified.

Revisions

  • The better the briefing, the less revision will be necessary. It is the client’s responsibility to clearly communicate their desired outcome.
  • After the first phase of a given project (home page design in the case of a website), one revision meeting will be scheduled. Change requests will be limited to two hours of work, which will be deducted from the allocated project hours.
  • After the final phase of a given project, a final revision meeting will be scheduled and another two hours of revisions will be possible.

Due Dates

  • Due dates must clearly be agreed upon for provision of content and for this project.
  • Due dates and deliverables are subject to the cooperation of the client providing the required information, as well as reasonability of Pathfind Media’s workload.
  • If the client is late in providing content, Pathfind Media will not be held liable for late delivery of the project. The client hereby waivers any right to hold Pathfind Media liable for late delivery, due to late provision of content.

Hosting, Domains, Mailboxes

  • Website hosting, domains and mailboxes (email addresses) is provided for a minimum of 12 months, with payment in advance.
  • The hosting package is limited to the agreed data usage in the tax invoice and additional charge will be applicable if the limits are breached.
  • We require all client’s mailboxes to be set up as IMAP accounts, as opposed to POP accounts – in other words to not keep backups of their emails on our server.
  • Pathfind Media is in affiliation with Hetzner Hosting and all Hetzner’s terms and conditions are applicable on any of our clients. Please read their terms and conditions here.

Service Retainer

  • Website packages initiated on a service retainer cannot be cancelled within the first 12 month.
  • Service retainers can be cancelled with a 3-month notice, in writing.
  • The service retainer price is fixed and payable on the 30th of each month.
  • The allocated number of retainer hours cannot be carried over to the next month.
  • Work done outside of the scope of the allocated retainer hours, can either be carried across to the next months (up to max. 3 months), or will be billed separately at an 25% increased retainer-hour rate.

Website hacks

  • Disclaimer: If the client does not have an active Website Maintenance Package from Pathfind Media, we will not take any responsibility for a website or mailbox hacked, broken or not working properly after delivery.

Service exclusion

  • We do not provide the following services:
    • Off-page SEO
    • E-marketing strategies
    • Marketing on behalf of clients
  • Access to the backend of a client’s website will only be granted if a training package is taken, or at a training fee of R950/hour.
  • Maintenance of projects are not included in once-off projects and will be charged subsequently at a normal hourly rate of R550/hour.

Miscellaneous

  • Showcase: All work will be showcased on Pathfind Media’s website portfolio.
  • The terms and conditions stipulated in this working agreement is binding for both parties, their possible successors, and their personal representatives. The agreement can be adapted if both parties agree in writing. All agreements are subject to the law of the Republic of South Africa.

LEGAL TERMS AND CONDITIONS

General Working Agreement

All projects or services which Pathfind Media may be contracted to produce or provide for your company are subject to the general provisions in this agreement. These conditions supersede any proposal by the client, and insofar as there is any inconsistency, the terms of this agreement prevail.

To the extent that this agreement or any goods or services provided in term of this agreement are governed by the Consumer Protection Act, 2008 (the Consumer Protection Act), no provision is intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of this agreement must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.


Specific Terms

All briefing and subsequent client alterations must be provided in writing.

Terms for specific projects and/or services will be detailed in a Letter of Agreement/Briefing and/or quoting for such services. We will not begin any work on a project until such letter is approved (in writing only). Such approval will constitute an agreement between us in accordance with the terms in such letters. Unless otherwise specified, all our ‘Letters of Agreements/Briefs and/or quotes will be based on reasonable time schedules. In those cases when the work eventually performed requires the work to be done on a RUSH basis any additional cost incurred due to such circumstances will be reflected in our billing costs. All details and job specific materials required to complete project must be provided by client in it’s entirety before work can commence.


Fees

The specific fees and billing sequences for each project or service will be described in the previously mentioned ‘Letters of Agreement’/ Briefing. We reserve the right to refuse to begin, complete or deliver any work until the appropriate fees agreed upon are paid according to the billing sequence specified. Should any of the invoices not be paid within time specified on payment terms we reserve the right to charge interest at the maximum rate permitted by law. Should we be forced to retain attorneys/debt collectors to recover outstanding amounts such fees and court costs that may be necessary, as well as any loss of revenue due to legal action and interest charges incurred, will be paid by you, the client. Unless otherwise stated, our fees do not include such items/services as contracted work provided by commissioned specialists . These services will be regarded as ‘out-of-pocket’ expenses and are additional to our quoted fee.

Out-sourced contract work must be prepaid by client in the form of cash or direct deposit only. Out-of-pocket expenses will be itemised on each invoice and are subject to the then current standard design studio service charge. Quotations are valid for 30 days maximum. Cost of sales (software, out-sourced specialists etc/) have been included at current prices at the time of quotation — Any increase due to suppliers increase will be for your account. If we are required by the nature of the assignment to travel to out of town locations, any out-of-pocket expenses incurred for transportation, meals and lodging will be billed at a reasonable cost.

Any travel costs incurred on behalf of the client will be billed at the current rate calculated by the AA (Automobile Association). Designers fees quoted apply only to regular working hours 8am — 5pm Monday through Friday. If client requests that project work be performed at times other than stipulated office hours, additional overtime charges based on standard O.T. rates apply except for changes/amendments deemed necessary by the designer. Client will be notified beforehand.


Revisions And Alterations

Any work requested by you, the client and performed by us, Pathfind Media, after a ‘Letter of Agreement/Briefing has been approved, and which was not included in such a letter/brief, such as Author’s Alterations or Client requested changes required after setting and layout, will be considered to be ‘new work’ and will be billed in addition to the original letter/briefing .

If the scope or nature of the job changes to such an extent that the original ‘Letter of Agreement/Briefing is no longer applicable, a new letter will be submitted and must be agreed to by both parties before any further work can proceed.


Kill/Cancellation/Rejection Fee

If the project is cancelled at any time, the client is responsible to cover any loss suffered by us until such point.


Copyright & Usage

(A) We reserve the right to refuse to be a party to any project which, in our reasonable judgment would be illegal, fraudulent, or in some other way harmful to the best interests of our company. We will not be responsible for any claims made by you in this regard.

(B) We will do everything we can to protect any property or designs you entrust to us and to guard against any loss to you. However, in the absence of gross negligence or a breach of the Consumer Protection Act on our part, we are not responsible for the loss, damage, destruction or unauthorized use by others of such property that is out of our direct control, – nor are we responsible for the failure of other suppliers such as printers, photographers, bureau’s, media or any other service provided.

(C) We will also make every effort to return to you as promptly as possible all design assets and property which belongs to you or for which you have paid.

However, we are not authorised to release to you any software or design assets which may be owned by others and which are not rightfully licenced. This includes any photographs, illustrations or other such artwork which is specifically owned by the artists, photographers or designers. Any such transfer of ownership can only be signed away by these suppliers directly. Should such ownership rights be desired or should you want unlimited use of a particular piece of artwork or photography, inform us before we contract for such work and we will be happy to negotiate for such rights on your behalf.

(D) We reserve the right to use all work we may produce for you as our samples, which we may use or reproduce in any reasonable way for our marketing needs.

(E) Any design ideas which are not accepted by you become our property and we will be free to use such designs in any way we may desire.

(F) In the event that you sustain a loss as a result of a claim, suite or proceeding brought against you as a result of the publication of material which you approved of and authorised us to produce for you, you agree to indemnify Pathfind Media and its members for any such losses.

(G) Unless otherwise specified, Pathfind Media retains ownership of all original artwork until paid for in full, whether preliminary or final and in no way can design elements or intellectual property displayed in this work, be copied or used without permission as this would infringe on the Copyright Act .


Agreement Validity

The placing of an order implies an acceptance of the conditions stated in this agreement. Design work may only be produced once quote estimate has been approved in writing. Terms and conditions shall not be modified or altered in any respect except by mutual agreement in writing.


Updated: 20 November 2017

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