Design Terms + Conditions
TERMS OF SERVICE
Last updated 16 August 2021
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Bamboes Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Bamboes Studio. All work is carried out by Bamboes Studio on the understanding that the client has agreed to Bamboes Studio's terms and conditions. Copyright is retained by Bamboes Studio on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Bamboes Studio as fulfilling the contract. All other designs remain the property of Bamboes Studio, unless agreed in writing that this arrangement has been changed.
2. Project Acceptance + Confirmation
At the time of proposal, Bamboes Studio will provide the customer with a formal quotation. The Terms and Conditions can be read on Bamboes Studio's website. A copy of the written quotation and contract is to be signed and dated by the customer to indicate acceptance and should be returned to Bamboes Studio. No work on a project will commence until either document has been received by Bamboes Studio.
The Client shall be responsible for any increases in Bamboes Studio’s costs as a result of any changes to such job parameters or other material made by The Client either directly or indirectly after the date of any quotations given by Bamboes Studio, and for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by The Client either directly or indirectly. Quotations are valid for a period of thirty (30 Days) from the date of quotation.
4. Design Fees + Payment
Fees for design services to be provided by Bamboes Studio, will be set out in the written estimate that is provided to The Client. At the time of the customer’s signed acceptance of this quotation, indicating acceptance of the Terms & Conditions, a deposit of 70% of the quoted fee will become immediately due. Work on the project will not commence until Bamboes Studio has received this amount.
5. Supply of Design Elements + Data
A charge may be made to cover any additional work involved where the design elements/data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. Where material is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions or conflicting operating systems.
6. Preliminary Work
All work carried out, whether experimentally or otherwise, at The Client's request shall be deemed chargeable.
Unless specifically requested to the contrary, Bamboes Studio shall be entitled to sub-contract any work to any third parties as it thinks fit. Bamboes Studio shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by Bamboes Studio for completion of any job, for any reason outside the direct control of Bamboes Studio.
8. Performance, Delivery or Collection
Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by Bamboes Studio. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from The Client. Alteration by The Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Bamboes Studio shall bear no liability. Bamboes Studio shall not be held liable for any delay in print production and late delivery thereof. Any packaging supplied by Bamboes Studio, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed. If The Client (or the intended recipient) fails to take delivery on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, Bamboes Studio shall be entitled to store the goods and to charge The Client the reasonable cost of doing so, and to tender its account for such charges to The Client, provided that in no event shall Bamboes Studio be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
9. Copyrights + Trademarks
By supplying text, images and other data to Bamboes Studio for inclusion in The Client’s business cards, flyers, pamphlets, website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Bamboes Studio on behalf of the customer, will remain the property of Bamboes Studio and/or it’s suppliers. The customer may request in writing from Bamboes Studio, the necessary permission to use materials (for which Bamboes Studio holds the copyright) in forms other than for which it was originally supplied, and Bamboes Studio may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Bamboes Studio the customer grants Bamboes Studio permission to use this material freely in the pursuit of the design. Should Bamboes Studio, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Bamboes Studio to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Bamboes Studio free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. Unless otherwise specified all fonts used in any design material supplied by Bamboes Studio will remain property of Bamboes Studio.
Bamboes Studio will attempt to ensure that only royalty free images are used in custom designs. It is agreed that Bamboes Studio, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of the client or provided by the client.
We prepare and check artwork for reproduction as carefully as possible. However, we do not accept responsibility for any errors caused by The Client or suppliers (for example typesetters, printers etc.) once artwork has been passed for print or production. Bamboes Studio agrees to hold on behalf of The Client finished artwork or sketch work that has been created by Bamboes Studio or used by Bamboes Studio in furtherance of this Agreement and accept responsibility for any damage or loss of such artwork and sketch work held by Bamboes Studio during the term of this Agreement and for one year thereafter. Artwork or sketch work kept for over one year after the termination of this Agreement will be destroyed unless claimed.
12. Proofing of Final Artwork/Project
To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. Bamboes Studio will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.
13. Revisions + Alterations
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 Bamboes Studio holds no responsibility for any amendments made by any third party, before or after a design is published.
The Client shall indemnify Bamboes Studio in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Bamboes Studio alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by The Client.
Any design, copywriting, drawing, idea or code created for the customer by Bamboes Studio, or any of its contractors, is licensed for use by The Client and may not be modified, in any way or form without the express written consent of Bamboes Studio and any of its relevant sub-contractors. All design work where there is a risk that another party make a claim, should be registered by The Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Bamboes Studio will not be held responsible for any and all damages resulting from such claims. Bamboes Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Bamboes Studio responsible for any such loss or damage. Any claim against Bamboes Studio shall be limited to the relevant fee(s) paid by the customer.
16. Data Formats
The Client agrees to Bamboes Studio’s definition of acceptable means of supplying data to the company. Text is to be supplied to Bamboes Studio in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Bamboes Studio via a memory stick, e-mail or electronic transfer. Images must be of a quality suitable for use without any subsequent image processing, and Bamboes Studio will not be held responsible for any image quality which the client later deems to be unacceptable. Bamboes Studio 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.
17. Design Project Duration
Any indication given by Bamboes Studio of a design project’s duration is to be considered by The Client to be an estimation. Bamboes Studio 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 are received byBamboes Studio for the initial payment or by date confirmed in writing by Bamboes Studio.
18. Design Project Completion
Bamboes Studio considers the design project complete upon receipt of The Client review and formal approval. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on The Client’s behalf constitute a separate project and can be treated as a separate charge.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Bamboes Studio shall be considered entitled to remove Bamboes Studio and/or The Client material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Client’s whose accounts become default agree to pay Bamboes Studio reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
20. Kids’ Privacy
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
21. Confidentiality + Exclusivity
It is Bamboes Studio's duty not to disclose any confidential information of The Client during or after Bamboes Studio's appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain. The Client acknowledges that it is Bamboes Studio's right to use any general marketing and advertising intelligence, which Bamboes Studio has gained during this appointment. The Client views any breach by Bamboes Studio of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief. Bamboes Studio agrees not to work with any competitive business without the prior consent of The Client.
22. Rights of Refusal
Bamboes Studio 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. Bamboes Studio also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Bamboes Studio does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Bamboes Studio to remove the contravention without hindrance, or penalty. Bamboes Studio is to be held in no way responsible for any such data being included.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Bamboes Studio's dues from the last date of the notice period. Any cancellation must be in writing and must be sent or delivered to Bamboes Studio and shall be deemed effective only as at the date received by Bamboes Studio. These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials and all other works and material prepared or acquired by Bamboes Studio will be assigned and given to The Client after termination of contract and settlement of all payments to Bamboes Studio due for services actually performed, and subject to the terms of any license or permission pursuant to which Bamboes Studio may have obtained the use of such material and to such material being in the public domain.
24. South African Law
This Contract and any other matters concerning the relationship between Bamboes Studio and The Client shall be governed by and construed in accordance with the Law of South Africa.
Any dispute that might arise between the Parties shall be finally settled by the competent courts in South Africa.
26. Bamboes Studio Design Staff
The Client agrees not to employ Bamboes Studio's personnel during the tenure of the contract and for a subsequent period of one year from the date of its termination.
Bamboes Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Bamboes Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. Bamboes Studio 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 customer agrees not to hold Bamboes Studio responsible for any such loss or damage. Any claim against Bamboes Studio shall be limited to the relevant fee(s) paid by The Client.
Bamboes Studio 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. Bamboes Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Bamboes Studio and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Bamboes Studio recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Burg Design 2018.