DEFAULT WORKING TERMS & CONDITIONS
The client is responsible for:
- Providing text and image content unless otherwise specified. We only accept the final, acceptable text. Any changes we would need to do because of incorrect content will be added to the client’s account.
- Providing feedback on designs.
- On time payments. Late payments will be subject to 10% increase in the original agreed upon amount.
Pathfind Media is responsible for:
- Delivering the service / package quoted for.
- Project will start once we receive the 1st milestone payment. The balanced invoice will be issued at the end of the project should there be any changes in the scope of the project, before the final website is uploaded. The website will only be published after receiving the final payment.
- Please note that a final invoice may differ from the amount quoted for,depending upon changes or additions that the client makes to the project or any errors in providing content, and any penalty clauses that come into effect.
- Milestone payments: These payments are the deposit, middle payment (in case of a three payment plan) or down payment (in case of a down payment plan), while we develop / design your project. Milestones are there to keep both parties accountable and is for your and for our protection. If you stop paying your milestones, we will stop working on our milestones.
- Project will not be delivered until final payment has been received. In the case of websites, the website will only be available to the public until final payment has been received.
Hosting, Domains and Mailboxes
- Hosting is paid monthly, annually or bi-annually, based upon financial agreement with client.
- Hosting packages paid on a monthly basis needs to be paid for at least 12-months before cancellation will be valid.
- We will let you know well in advance about hosting payments with a 2-month grace period. We loose a lot of money due to clients that pay their hosting & renewals late or not at all. We will be forced to close down that website or domain. Any loss of business or data will not be our responsibility.
- Domain registration and re-registration is due annually.
- The number of Mailboxes depend on the hosting packages chosen. Additional mailboxes may be purchased at the agreed-upon price.
- Work done outside of the scope our packages & quoted on will be billed at an hourly rate of R450/hour.
- Photographs purchased (if applicable) will be billed to the final invoice.
- This quote does not include translation.
- We do not scan or print anything.
- This quote does not include SEO, e-marketing strategy or marketing.
- Access to the backend of the website is included in all packages, but training to use the Content Management System is not included and will be billed at R450/hour.
- Maintenance of website projects are not included and will be billed separately.
- Please provide clear feedback (in point form) with reference to the project name. Make sure you add all the feedback and corrections you want to give us in one feedback session (or the fewest possible, otherwise the turnover time is so much longer).
Provision of content
- This quote assumes that all text (in a Word Document/.doc file) and visual content (jpg, gif, png, pdf etc. in a Dropbox shared folder or link) will be provided by the client. Draft versions of text will not be accepted.
- 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.
- The client also needs to provide logos needed for the design, unless otherwise specified.
- Re-creation of logos and other graphics are not included in this quote, and will be charged extra, unless specifically included in the quotation or invoice.
- Deadlines must be agreed upon for provision of content and for this project.
- Changes or additions to content after incorporation into designs will be charged for extra at a fixed hourly rate.
- 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.
- Only the amount of photos specifically mentioned in this quote is covered by the quote; if more images are to be used, the extra cost will be for the client’s account.
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.
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 products or 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.
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. 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.
Repro/Printing and out-sourced contract work must be prepaid by client in the form of cash, bank guaranteed cheque 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. This design quotation is valid for 30 days. Material Costs (out-sourced specialists) 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 and performed by us 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.
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 materials 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 material and property which belongs to you or for which you have paid.
However, we are not authorised to release to you any property or materials which may be owned by others. 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 .
Design work copyrighted for use in the print publication indicated in the Letter of Agreement/Brief.
Any further work or adaptations are only to be made at source.
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