AdWorx Design Studio's Graphic Design Terms and Conditions

in short

ADWORX DESIGN STUDIO will always do our best to fulfil your design needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this document you won’t find complicated legal terms or long passages of unreadable text.

ADWORX DESIGN STUDIO have no desire to trick you into agreeing to something that you may later regret. We do want what’s best for the safety of both parties, now and in the future.

At ADWORX DESIGN STUDIO we are committed to excellence and proud to mention we design distinctive materials.  One of our pinnacle priorities is customer satisfaction therefore we transfer the innovative ideas of our Clients to creative and state of the art designs.  We offer a personal and user-friendly service in an informal but professional setting to ensure a superior design experience.  We excel at building exceptional working relationships, built on trust and mutual respect and throughout our years of commitment and design experience tailor-made the following terms to protect both our Client and ADWORX DESIGN STUDIO.

 

TAKE NOTE:

Always make sure that you read and agree to the latest Graphic Design Terms and Conditions as stated below before committing to a design project. 

*  The Client agree to our Graphic Design Terms and Conditions by accepting the design proposal and paying a deposit.

**Hereby the Client understands that they will not sign a printed Graphic Design Trust Agreement Document, unless requested, but by accepting the design proposal  and paying the deposit for the project, they agree to the Terms and Conditions as stated below and as detailed on design proposals, quotations and invoices.

QUOTATIONS and project SCOPES

A quotation and/or project scope will be provided prior to beginning any work. This document must be signed, accepted, and deposit received before work can begin. Any quote or scope not accepted within the allocated timeline is subject to review.

EXPERIMENTAL and PREPARATORY WORK

Experimental work performed at the Client’s request such as: sketches, drawings, scanning, desktop composition, proofs, coding, consultations and other related materials/services will be billed at current rates and may not be used without explicit, written consent. All sketches, copy, dummies and preparatory work created or furnished to customer shall remain ADWORX DESIGN STUDIO exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used except upon compensation to be determined by ADWORX DESIGN STUDIO. Art work, type, digital files, photography, video, audio, and other preparatory items when supplied by ADWORX DESIGN STUDIO shall remain our exclusive property unless otherwise agreed in writing. Alterations represent any work performed in addition to the original specifications agreed to. Such additional work shall be charged at current rates.

PROOFS

Static proofs shall be submitted for print and digital work in the form of either a JPG or PDF file. If revised proofs are desired, revision requests must be made when proofs are returned and in writing. All print design, web design, and graphic design projects include (3) three complimentary rounds of revisions at no additional cost, unless otherwise specified in writing. ADWORX DESIGN STUDIO will bill for the additional design time required to create additional and/or excessive revisions and proofs beyond the complimentary (3) three.

ADWORX DESIGN STUDIO regrets any errors that may occur through digital or print production undetected, but cannot be held responsible for errors if:

  1. Designs are produced per the customer’s O.K. or sign-off
  2. Changes are communicated verbally
  3. The customer has not ordered or has refused to accept proofs
  4. The customer has failed to return proofs with indication of changes
  5. The customer instructed ADWORX DESIGN STUDIO to proceed without submission of proof

Because of differences in equipment, paper, inks and other conditions between colour proofing and production press room operations, a reasonable variation in colour between original art, colour proofs, and the completed job shall constitute acceptable delivery. ADWORX DESIGN STUDIO does not produce physical print products and is not responsible for the print quality of those products when ordered from a 3rd party vendor.

RUSH JOBS

ADWORX DESIGN STUDIO understands that unforeseen projects can arise and may require immediate attention.  ADWORX DESIGN STUDIO want to please our clients, but not at the expense of other customers or our quality standards.  If feasible, the team at ADWORX DESIGN STUDIO may accommodate emergency requests with an additional fee for urgent projects which require 24-48 hour turnaround. Rush jobs are considered a premium service and will be provided at our discretion only.

Our rush fee is an additional 30% of the total cost of completing any singular project within the 24-48 hour window on regular business days. Weekend or Holiday Rush fees apply to all hourly projects which require a 24-48 hour turn-around on non-business days. Weekend or Holiday Rush fees are an additional 50% of the project cost, whichever is greater.

Multiple fees will be assessed for multiple projects. The total cost of completing the project includes the standard hourly rate in addition to opportunity costs. Opportunity costs can include, but are not limited to, overtime hours, re-prioritization of other customers’ projects, and sacrificing personal plans and opportunities.

ADWORX DESIGN STUDIO will notify the customer when additional rush fees apply to a project except when implicitly inferred by the 24-48 hour turnaround requirement. ADWORX DESIGN STUDIO cannot provide a price quote for a rush job, unless the project realistically permits us the time and resources to both complete the project and provide the quote.

our Graphic Design Terms and Conditions:

RIGHTS AND OWNERSHIP:

Once the project fee is paid in full to ADWORX DESIGN STUDIO any elements of text, graphics, photos, content, trademarks, or other artwork furnished to the Client for inclusion in the design are owned by the Client.  The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

ADWORX DESIGN STUDIO assumes the Client has permission from the rightful owner to use any code, scripts, data, and reports are provided by the Client for inclusion in its materials, and will hold harmless, protect, and defend ADWORX DESIGN STUDIO from any claim or suit arising from the use of such work.

ADWORX DESIGN STUDIO retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.

All products remain the property of ADWORX DESIGN STUDIO, until fully paid for. No artwork will be supplied without full payment.

CLIENT FEEDBACK:

The Client must provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. The Client has to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we’ll also maintain the confidentiality of any information that you give us.

Once the initial design concepts are presented, the Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general requirements and expectations. The Client should select the design concept that best suits their needs and provide a list of all needed discussion points for modification (if required) to ADWORX DESIGN STUDIO.

The Client is more than welcome to combine elements from the different design concepts to create a FINAL look within the allocated project revision rounds. The Client will approve/signoff on the final design strategy once the design concept has been agreed upon.

THIRD PARTY CONTRACTS:

ADWORX DESIGN STUDIO are not responsible for contracting supplementary creative experts to deliver services that are not offered by the studio.  No design will start on the notion that third parties may be necessary for design completion. Such details will be settled prior to design commencement, except if that service is demanded by The Client at a later date.

References for such services can be provided by ADWORX DESIGN STUDIO based on previous work experiences, trust relations and successful completion of projects with suppliers.

Third Parties to consider:

  • Hosting Services
  • Social Media Marketers
  • Photographers
  • Videographers
  • Copy Writers
  • Printers

ADWORX DESIGN STUDIO cannot be held liable for any lack of service of these suppliers or be held responsible for any loss or damages occurring we send the final approved design project to any supplier! It is the Client’s responsibility to check and approve final artwork and request printed proofs of the project before committing to the service.

PAYMENTS:

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule.

  • 60% deposit up front.
  • 40% balance once the designs has been approved.

A a lot of time, determination and commitment goes into providing The Client with the perfect graphic and website design.  The Client is required to pay a 60% deposit prior to work commencing. The project will only be scheduled and uploaded to the workflow system once the down payment is received by ADWORX DESIGN STUDIO.  The deposit is non-refundable. The remaining 40% is payable to ADWORX DESIGN STUDIO upon completion of the design project, before the original artwork and open file format will be supplied to The Client.  Please note this is a strict Company policy and adhere to this to avoid any unpleasantness.

DELAYED PAYMENT:

If, after the project has commenced, proofs has been sent through and completed, and subsequent invoices are not paid within 7 days, a 15.5% “delayed payment” fee will be charged. This initial 15.5% figure will be added upon each recurring 30 day period until the full amount has been received by ADWORX DESIGN STUDIO.

REVISIONS:

All projects includes Revision Rounds as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. ADWORX DESIGN STUDIO cannot and will never limit The Client to change their minds.

Though the price at the beginning of the project is based on an estimated length of time that ADWORX DESIGN STUDIO needs to complete the project, added estimates can be requested for any further or additional changes to be implemented.

The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

 

ADDITIONS AND ALTERATIONS:

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices at the beginning of a project are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem.

However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

Once a project is completed as per the Client’s instructions any additional or new projects requested by The Client and performed by ADWORX DESIGN STUDIO, is considered an addition or alteration

If the project description and deliverables changes to an extent that substantially alters the specifications as described in the original estimate, ADWORX DESIGN STUDIO will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

 

FILE FORMATS:

Fully paid for designs will be supplied to The Client in: CORELDRAW, PRINT READY JPEG & PDF. CORELDRAW files are supplied for printing purposes only. No editing by The Client will be possible unless CorelDraw is used on their personal computer.

 

BACKUP:

ADWORX DESIGN STUDIO is not responsible for the storage or backup of any Final Designs once supplied to The Client. After final sign-off and delivery, backup arrangements can be quoted for separately if requested for by The Client.


ERRORS & OMISSIONS:

ADWORX DESIGN STUDIO is not responsible for proofreading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations.

ADWORX DESIGN STUDIO is not liable for errors or omissions. The Clients’ signature or go-ahead e-mail, or that of the authorised representative is required on all artwork prior to release for printing, digital publication, or other implementation.


DEADLINES:

ADWORX DESIGN STUDIO have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.

A Note on Deadlines: ADWORX DESIGN STUDIO is dedicated and committed to reasonable deadlines and we do our utmost to hit them every time. In order for us to do this for you, however, it is important that you are committed to every deadline, too.

We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting us content for your website in a timely manner—typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly.  By accepting our design proposal and by paying your deposit, you acknowledge your responsibilities in keeping the project on-schedule.

If The Client fails to deliver necessary content, resources, or feedback by the time ADWORX DESIGN STUDIO deems crucial to any deadline, all deadlines and milestones will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of (7) seven days or more will result in reallocation of ADWORX DESIGN STUDIO’s resources and work on the project will be delayed or may cease.


CANCELLATION:

A cancellation fee for work commenced or 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. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by ADWORX DESIGN STUDIO. Thereupon, ADWORX DESIGN STUDIO can choose to cease further work on the project. Full amount paid for project will be allocated as cancellation fee.


Copyright and Bragging Rights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork used for design projects are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

  • You own the graphics and other visual elements that we create for you.
  • We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.

You also own text content, photographs and other data you provided, unless someone else owns them.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design. 

ADWORX DESIGN STUDIO has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only.

We legally accepts the Client has proof read and approved text copy and images (photos, stock images, web images) before supplying the artwork and copy to ADWORX DESIGN STUDIO for design purposes. If ADWORX DESIGN STUDIO needs to source images from the internet or stock image websites (free or paid) it is the client’s responsibility to check if the sourced images are licenced or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the ADWORX DESIGN STUDIO will use placeholder images to illustrate the design. If the clients approve the art work and paid 40% deposit to finalise the project, ADWORX DESIGN STUDIO will assume the client has checked these images legally for use based on all laws pertaining to the project.

ADWORX DESIGN STUDIO legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarised the content. ADWORX DESIGN STUDIO therefore cannot take responsibility or liability of images, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that may arise for using photos, images or text copy wrongly.

ADWORX DESIGN STUDIO cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs of the project by paying the final balance due for the design project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock phots, text and copy text can or may be printed, published or posted into the web or internet. Any design material or art work printed, posted to web or any digital and electronic media is the responsibility and legal liability of the client. Hereby ADWORX DESIGN STUDIO  indemnifies itself from any legal repercussions of the latter.


COMMUNICATION:

ADWORX DESIGN STUDIO can be reached by telephone or e-mail from Monday to Thursday between 09:00 and 19:00, or Fridays between 09:00 to 13:00. ADWORX DESIGN STUDIO is closed for business on Saturdays, Sundays and Public Holidays.

All appointments must be scheduled on as agreed by both parties.  

  • The initial design consultation – one-on-one meeting to meet new clients or to discuss new projects and to determine if a work relationship is viable between ADWORX DESIGN STUDIO and the Client is free of charge.
  • A one-on-one sit-in meeting, or any remote project out-of-contact specification support via WhatsApp, Telephone, AnyDesk or Teamviewer with ADWORX DESIGN STUDIO will be billed at an hourly rate of R400/hour.

All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.


CONFIDENTIALITY:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.

AND LASTLY THIS…: In order for us to obtain a high-level of excellence, your commitment to a design project is extremely appreciated and will be clearly shown in the end result. By hiring our ADWORX DESIGN STUDIO you’ve enlisted our expertise at how best to accomplish the project goals we have defined.

In order to accomplish this goals we require your involvement and collaboration – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

Although the language is simple, the intentions are serious and these design terms and conditions is a legal document under exclusive jurisdiction of the courts of South Africa. 

*By paying the deposit, The Client agrees to ADWORX DESIGN STUDIO’s Design Terms and Conditions as stipulated in this document, unless otherwise arranged.

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to above Terms and Conditions. (As stated on all quotations and invoices)Always make sure that you have read and agree to the latest Design Terms and Conditions before committing to a design project. 

*  The Client agree to our Design Terms and Conditions by accepting the design proposal and paying a deposit.

**Hereby the Client understands that they will not sign a printed Design Trust Agreement Document, unless requested, but by accepting the design proposal  and paying the deposit for the project, they agree to the Terms and Conditions as stated above and detailed on design proposals, quotations and invoices.