Our Terms & Conditions

Below are DesignbyJB standard terms and conditions. It is vital that you (the client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with DesignbyJB. By making any payment to DesignbyJB’s Bank Account or accepting a quote/invoice you (the client agrees to the below terms and conditions). Please also note that from time to time DesignbyJB may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.

COMMENCEMENT OF WORK

Agreement to work with, and submission of a design brief and payment of deposit to DesignbyJB constitutes agreement to these terms and conditions.

PAYMENT

“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable on delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable. DesignbyJB endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the even of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.

All printing accounts must be settled in full prior to the release of the files to the printer.

All accounts to be settled 5 working days from invoice date. Accounts which remain outstanding for 10 working days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If payment is not received within the time specified, DesignbyJB reserves the right to take the project down until payment has been received.

If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.

FEES FOR SERVICE

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.

EXCESS WORK

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

From time to time “The Client” will require extra design or development requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of R400 per hour will be payable.

Should additional design or development not initially quoted for be requested during the process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by “DesignbyJB” may not take place before cleared funds have been received.

Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced. ??

APPROVAL OF FINAL ARTWORK

While DesignbyJB takes all care to avoid errors, DesignbyJB accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

FORCE MAJEURE

DesignbyJB 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 DesignbyJB 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.

COPYRIGHT

DesignbyJB retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of DesignbyJB

DesignbyJB reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Client is responsible for all trademark, service-mark, copyright & patent infringement clearances. Client is responsible for arranging, prior to publication, any necessary legal clearances of the material we prepare.

DesignbyJB may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, DesignbyJB retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment DesignbyJB retains ownership of all artwork and website architecture. DesignbyJB reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.

Other than for the promotional use of DesignbyJB all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Idea Catalyst shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

DESIGN CREDIT
“The Client” agrees to allow “DesignbyJB” to place a small credit on printed material, exhibition displays, advertisements and/or on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “DesignbyJB” to place websites and other designs, along with a link to the client’s site on “DesignbyJB’s” own website for self promotional purposes.

DISCLAIMER
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such DesignbyJB take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the DesignbyJB team cannot be held responsible for variations between expectation and outcome.

TERMINATION POLICY
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to DesignbyJB. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by DesignbyJB and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of R400 per hour.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the DesignbyJB.

If a project is cancelled by DesignbyJB, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

Hosting and Domain Accounts will automatically be suspended after 10 days, and terminated after 30 days when no payment has been reflected in DesignbyJB’s Bank Account. (Please keep your account/admin email updated with DesignbyJB in order to receive all payment/invoice confirmations, reminders and information.)

AMENDMENTS TO THESE TERMS AND CONDITIONS
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client” and signed by an authorised representative of “DesignbyJB” prior to the commencement of work outlined in this submission.

PRINT RETURNS AND REFUNDS
It is agreed that DesignbyJB is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. DesignbyJB will not be held responsible for and changes or amendments made after approval. It is the sole responsibility of the client to notify DesignbyJB of any such errors during the revision cycle and before the final files have been generated.

In the event of a need to reprint due to errors in content, the client must inform DesignbyJB within 3 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.

PRINT – COLOUR VARIATIONS
With all printing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of DesignbyJB.

PRINT – DELIVERY
Finished goods can be suitably packed and delivered to one address at an additional fixed courier rate.
Any specialised packaging or distribution will be an extra charge.

WEB DESIGN COMPATIBILITY
Platforms:
1 Windows (version 98 up to current full version) ??
2 Macintosh (OS 10.1 up to current full release version) ??
Browsers:
1 Internet Explorer- version 8 up to current full release
2 Firefox 3 up to current full release
3 Apple Safari- version 3 up to current full release
Browser Plug-ins:
1 Current version of Flash Player ??
2 Windows Media Player ??
3 QuickTime ??

WEBSITE DESIGN POST- COMPLETION ALTERATIONS

Once web design is complete, ” DesignbyJB” will provide the customer with the opportunity to review the resulting work. “DesignbyJB” will make one set of minor changes at no extra cost within 10 working 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 “DesignbyJB” by e-mail. “DesignbyJB” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 10 working days of the start of the review period, an hourly fee after this time for tweak and amendments is payable of R400 if applicable.

MAINTENANCE & INTEGRITY OF THE SITE:

Because all new media (applications like websites and content editors etc ) are of such a dynamic nature, they are exposed to various external factors (like code updates, hackers, ISP issues etc) all code, as generated by DesignbyJB and its service partners might be subject to mandatory structural updates (security etc) to ensure the integrity of the site and the its content editor.