Rights and Ownership
All services provided by Kezi Creations (Pty) Ltd shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:
Client to gain full transferable rights to brand identity.
Client to gain full license to reproduce works through commercial printers.
The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
The client will make a 50% down payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non-refundable. The remaining 50% is payable to the designer upon completion of the project, and before artwork is supplied to the client.
If, after the project has commenced, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by the designer.
If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost.
The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
Confidentiality: The client shall inform the designer in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnity: The client agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.
Alterations, Revisions and Supply of Content
The client agrees that Kezi Creations (Pty) Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Unless otherwise negotiated or Kezi Creations (Pty) Ltd copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Kezi Creations (Pty) Ltd assumes all written content adheres to copyright laws.
Images are also expected to be supplied before work begins, unless by prior negotiation or if using Kezi Creations (Pty) Ltd stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). Kezi Creations (Pty) Ltd assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Design Project Duration
Any indication given by Kezi Creations (Pty) Ltd of a design project’s duration is to be considered by the client to be an estimation. Kezi Creations (Pty) Ltd cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Kezi Creations (Pty) Ltd.
Website Design Only
Once web design is complete, Kezi Creations (Pty) Ltd will provide the client with the opportunity to review the resulting work and provide the login details for the website. Kezi Creations (Pty) Ltd will make one set of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Kezi Creations (Pty) Ltd by e-mail or fax and confirmed by post.
The client also agrees to allow Kezi Creations PTY Ltd to place all designs on Kezi Creations (Pty) Ltd own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Rights of Refusal
Kezi Creations (Pty) Ltd will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Kezi Creations (Pty) Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kezi Creations (Pty) Ltd does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Kezi Creations (Pty) Ltd to remove the contravention without hindrance, or penalty. Kezi Creations (Pty) Ltd is to be held in no way responsible for any such data being included.
If a client cancels or alters any order or part order at any time after Kezi Creations (Pty) Ltd has received the order then Kezi Creations (Pty) Ltd reserves the right to render additional costs to the date of such cancellation or alteration.
Kezi Creations (Pty) Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kezi Creations (Pty) Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Kezi Creations (Pty) Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Kezi Creations (Pty) Ltd responsible for any such loss or damage. Any claim against Kezi Creations (Pty) Ltd shall be limited to the relevant fee(s) paid by the client.
Kezi Creations (Pty) Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Kezi Creations (Pty) Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
© 2021, Kezi Creations (PTY) Ltd. All Rights Reserved.
“I lift up my eyes to the mountains— where does my help come from?
My help comes from the Lord, the Maker of heaven and earth”. Psalm 121