Graphic Design, Print, Virtual Assistant & Custom Products: Terms & Conditions
The following Terms and Conditions of Service apply to all artwork, graphic design, print, virtual assistant services and custom products provided by Visi Creations (Pty) Ltd.
Visi Creations (Pty) Ltd reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
All design work and services are carried out by Visi Creations (Pty) Ltd on the understanding that the client has agreed to abide by these terms and conditions.
Acceptance of Quotation and Terms and Conditions
- Quotations are valid for a period of 14 days.
- The placement of an order for design, print and/or any other services offered by Visi Creations (Pty) Ltd, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Visi Creations (Pty) Ltd.
Design Fees & Payment
- Fees for design, print or services to be provided by Visi Creations (Pty) Ltd, will be set out in the written estimate or quotation that is provided to the client.
- At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 70% of the quoted fee will become immediately due.
- Work on any and all projects will not commence until Visi Creations (Pty) Ltd has received the 70% deposit or full amount.
- The client must approve artwork before or after an Invoice for print/artwork/publication/production. Full payment is required before print/publishing/production are provided/supplied/sent out.
- Publication and/or release of work done by Visi Creations (Pty) Ltd on behalf of the client, may not take place before funds have cleared.
- An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Visi Creations (Pty) Ltd shall be considered entitled to withhold the client’s order, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, graphic design services, printing services, virtual assistant services and custom products.
- Withholding of orders does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Visi Creations (Pty) Ltd reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights, Ownership and Trademarks
- By supplying text, images and other data to Visi Creations (Pty) Ltd for inclusion in the client’s design / print or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
- By supplying images, text, or any other data to Visi Creations (Pty) Ltd, the client grants Visi Creations (Pty) Ltd permission to use this material freely in the pursuit of the design and to utilise the designs in Visi Creations (Pty) Ltd portfolio unless agreed otherwise.
- Should Visi Creations (Pty) Ltd, or the client supply an image, text, audio clip or any other file for use on social media, website, printed item, services or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Visi Creations (Pty) Ltd to remove and/or replace the file.
- The client agrees to fully indemnify and hold Visi Creations (Pty) Ltd free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
- Visi Creations (Pty) Ltd may use any Artwork/design for it’s own promotion and portfolio use.
- Copyright of all graphic design work is retained by Visi Creations (Pty) Ltd including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
- If multiple design concepts are submitted, only one concept is deemed to be given by Visi Creations (Pty) Ltd as fulfilling the contract. All other artwork designs remain the property of Visi Creations (Pty) Ltd, unless agreed in writing.
Alterations, Revisions and Supply of Content
- The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
- The client also agrees that Visi Creations (Pty) Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
- 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. Visi 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. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Corel / Photoshop format, or hi-res JPEG files (300 dpi). Visi 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 three rounds of minor changes or author’s revisions of the chosen project only. Following three revisions per project, an additional fee will be charged depending on the amount of work done. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
- Text is to be supplied to Visi Creations (Pty) Ltd in electronic format as standard text (.txt), MS Word (.doc) on USB Memory stick or via e-mail. Virtual assistant services will accept scanned or photographed documents, this may also be the case for designs if arranged.
- Images which are supplied in an electronic format, are to be provided in a format as prescribed by Visi Creations (Pty) Ltd via USB Memory stick, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Visi Creations (Pty) Ltd will not be held responsible for any image quality which the client later deems to be unacceptable. Visi Creations (Pty) Ltd cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
- Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
- Any indication given by Visi Creations (Pty) Ltd of a design project’s duration is to be considered by the client to be an estimation. Visi 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 Visi Creations (Pty) Ltd.
- The client also agrees to allow Visi Creations (Pty) Ltd to place all designs on Visi Creations (Pty) Ltd own website and social media platforms for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
Full colour printing
- All reasonable efforts shall be made to obtain the best possible colour reproductions on customers work but variations is inherent in the print process and it is understood and accepted as reasonable that, Visi Creations (Pty) Ltd shall not be required to guarantee an exact match in colour or r=texture between the customers photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by Visi Creations (Pty) Ltd or another party) or any other materials supplied by the customer and the printed article the subject of the customers order.
Rights of Refusal
- Visi 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. Visi Creations (Pty) Ltd also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Visi 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 Visi Creations (Pty) Ltd to remove the contravention without hindrance, or penalty. Visi 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 Visi Creations (Pty) Ltd has received the order, then Visi Creations (Pty) Ltd reserves the right to render additional costs to the date of such cancellation or alteration.
- Visi Creations (Pty) Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Visi Creations (Pty) Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Visi 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 Visi Creations (Pty) Ltd responsible for any such loss or damage. Any claim against Visi Creations (Pty) Ltd shall be limited to the relevant fee(s) paid by the client.
- Visi Creations (Pty) Ltd reserves the right to use the services of sub-contractors, agents, freelancers and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Visi Creations (Pty) Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Force Majeure / Unforeseen circumstances
- Visi Creations (Pty) Ltd shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Visi Creations (Pty) Ltd including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
By accessing or using our Website, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation, then, in our sole discretion, we may transfer, sell or assign information collected on and through this Website, to one or more relevant third parties.
If you would like to access, correct, amend or delete any personal information we have about you, please email us.
By using this website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Please note that this Policy forms part of the Agreement between you and us. This Policy is reviewed from time to time and may be amended at our sole discretion, in whole or part, to ensure that it reflects how we use your information. Therefore, by continuing to use our Website following any amendments that may have been implemented, it shall be deemed that you have agreed to such amendments. Accordingly, we recommend that you review this page frequently so that you are aware of any amendments. Changes and clarifications will take effect immediately upon their posting on the website.
Section 1 – Consent
When you browse our website, we also automatically receive your computer’s internet protocol (IP) address. As part of the registration process, we collect the personal information you give us, such as your name, surname, email address & cell number. When you provide us with personal information, you agree to us collecting your information and using it for the purposes intended and for any secondary purposes such as marketing. You may at any time withdraw your consent by emailing us. Like most websites, if you turn your cookies off, some of our services may not function properly.
We may use information that may be collected from time to time through your use of the Website or from other sources, to develop targeted advertising on our Website and on websites of third parties. This information may also be shared with third parties, including advisors, advertisers, suppliers and investors, for the purposes of improving the Service, and analysing the business.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Section 2 – Data Storage & Security
Your data is stored through our data storage, databases and the general web application. We store your data on a secure server behind a firewall. We do not gather or store your credit card, debit card, or other banking details. We use a 3rd party secure payment gateway to process all payments
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.
Section 3 – Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
If you have any queries or obligations please feel free to contact us via email at firstname.lastname@example.org