Design Agreement
This agreement is forms part of our Trust Agreement.
Rights & Ownership
The client shall be entitled to full ownership of all artworks created during the project upon full payment of the agreed fee. All products remain the property of Zander Scheurkogel, until fully paid for. No artwork will be supplied without full payment. Proof of payment will only be accepted as soon as funds shows and are cleared by banking institution.
The Client is responsible to register designs for Copyright, trade mark or Intellectual Property at their own cost if they should feel that they want to trademark or copyright a logo or content. For more information about South African Trademarking or Copywriting please read more here: https://www.gov.za/services/intellectual-property/register-trademark or https://www.wipo.int/portal/en/
No graphic design, elements thereof, logo, business cards, publication material, marketing material, web design, content or intellectual property will automatically be copyrighted or trademarked.
Note: Please make sure to get a few quotes from different intellectual property lawyers before you proceed as the pricing for copywriting and trade marking is very expensive.
If you’re part of your brand, design, logo, or intellectual property has already trademarked or copyrighted by another person or institution you as the clients responsible for the fees to amend the artwork. There is no way Zander Scheurkogel or its staff can be held responsible for name or brand that has been copyrighted by someone else. It is the clients responsibility to ensure the name, brand or elements they want to use has no copywrite infringements.
By paying your deposit for the project to design a brand or graphic design element you agree that you understand the content of this document and are not infringing on someone else’s concept, copyright, intellectual property or trademark.
Client Feedback
The Client should be prepared to offer some initial feedback as to how closely the suggested design mee with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion point for revision (if necessary) to Zander Scheurkogel.
The Client is more than welcome to combine elements from the different looks to create a final look within two revision rounds. The client will then approve/signoff on the final design strategy.
Third Party Contract
Zander Scheurkogel are not responsible for contracting other creatives professionals to provide services that are not offered by the studio.
No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by The Client at a later date.
References for such services can be supplied by Zander Scheurkogel built on previous trust and successful projects with suppliers.
Third Parties to consider:
- Videographer
- Photographer
- Copy writers
- Printers
Oh Honey Studio cannot be held responsible for any loss or damages occurring after final sent through of artwork to supplier! Please check final artwork and require proof prints through suppliers before commencing with projects.
Payments
Because a lot of times, effort and dedication goes into providing The Client with the perfect website, 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 Zander Scheurkogel, from where the team of designers will be briefed to commence with the website.
The down payment is non-refundable. The remaining 40% is payable to Zander Scheurkogel upon completion of the project, before the original artwork and open file format will be supplied to The Client.
Please note this is a strict company policy but adhere to this to avoid any unpleasantness.
No monies or deposits for projects will be paid back to client at any time during or after the project.
The remaining 40% is payable to Zander Scheurkogel upon completion of the project, before the original artwork and open file format will be supplied to The Client.
Deposits
When a deposit or full amount is paid, we kindly request our clients to complete their projects within 12 months.
To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion – otherwise an additional fee will be charged after 1 year. If a project is put on hold by a client, the same is applicable after 12 months.
Delayed payment
If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 50% “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 Zander Scheurkogel.
Revisions
All projects include Revision Rounds (Specific amounts) as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. Zander Scheurkogel cannot and will never limit The Client to change their minds.
Through the price at the beginning of the contract is based on the length of time that Zander Scheurkogel estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented.
The Client must assume that, after sign-off, all additions, charges in content, layout or process changes requested by The Client, will alter the time and cost.
Additions & Alterations
New work requested by The Client and performed by Zander Scheurkogel after ATP (Agreement To Proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially altars the specifications described in the orginal estimate, Zander Scheurkogel 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: OPEN FILE FORMAT (PSD OR AI), PRINT READY JPEG & PDF. Open files supplied for printing purpose only. No editing by The Client will be possible unless Adobe Photoshop and/or Illustrator is used.
Backup
Zander Scheurkogel 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.
Zander Scheurkogel is not liable for errors or omissions. The Clients’ signature or go-head e-mail, or that oh the authorized representative is required on all artwork prior to release for printing, digital publication, or other implementation.
Deadlines
A note on Deadlines: Zander Scheurkogel love deadlines and we hit every single one of them every time. In order for us to do this for you, however, it is important that you hit every deadline, too.
We will rely on you to keep the project flow going with your approvals and signoffs, as well as getting us content for you website in a timely – typically before any design can begin.
Out-of-contract time and delays in approvals will directly affects the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By signing this document, or paying your deposit, you acknowledge your responsibilities in keeping the project on-scheduled. By time same token, in the unlikely event we miss on of our deadlines, the payment milestones will be adjusted accordingly.
If The Client fails to deliver necessary content, resources, or feedback by the time Zander Scheurkogel deems crucial to any deadline, all deadlines, and milestones (except payment milestones) will be adjusted accordingly.
The Clients failure to meet timeline/milestone or content obligation for a period of 7 days or more will result in reallocation of the Studios’ 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 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 Zander Scheurkogel. Thereupon, Zander Scheurkogel can choose to cease further work on the project. Full amount paid for project will be allocated a cancellation fee.
Promotion
Zander Scheurkogel has the right to use the digital format of all completed designs for publication or other promotional purpose and for these purpose only.
Use of design elements
Zander Scheurkogel legally assumes clients has proof read and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to Zander Scheurkogel for design purposes. If Zander Scheurkogel needs to source images from the internet or stock image website (free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the Zander Scheurkogel Design Team will use placeholder images to illustrate the design. If the clients approve the artwork and paid 40% deposit to finalize the project, Zander Scheurkogel will assume the client has checked these images legally for use based on Country & Commercial Laws containing to the project. Zander Scheurkogel legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content. Zander Scheurkogel therefore cannot take responsibility or liability of images, artwork or copy texted used in design art of any kind. If a client gets sued for using an images, 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. Zander Scheurkogel 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 40% deposit or fully paying for project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock photos, text and copy text can or may be printed, published, or posted into the web or internet. Any design material or artwork printed, posted to web or any digital and electronic media is the responsibility and legal liability of client. Hereby Zander Scheurkogel indemnifies itself from any legal repercussions of the latter.
Communication
Zander Scheurkogel can be reach by telephone or email from Monday to Thursday between 09:00 to 16:30, or Friday between 09:00 to 16:00. Zander Scheurkogel is closed for business on Saturdays and Sundays. All appointments must be scheduled on as agreed by both parties. A 1-on-1 sit-in meeting with designers will be billed at an hourly rate of R420/hour. All revisions to be supplied ONLY in written format (e-mail/WhatsApp), 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 this project is highly valued and will be directly reflected in the results. By hiring our Studios you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined.
In order to accomplish those goals we require your participation and cooperation – 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.
*By paying the deposit, The Client agrees to Zander Scheurkogel Terms and Conditions as stipulated in this document, unless otherwise.
**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)