Terms and Conditions

Below are Mabaso Ink Design and Printing Services standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Mabaso Ink Design and Printing Services you agree to our Terms and Conditions and you are aware that you are entering a binding contract – payment is required.

Graphic Design

The below conditions have been construed under South African Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Mabaso Ink Design And Printing Services, its contractors, subcontractors and employees (the Company) unless otherwise agreed to in writing by both parties.

General Conditions of Contract

These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)

These Terms and Conditions are subject to change without notification by the Company.

These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.

Quotations

Quotations are generated by the Company on the basis of the Visual Brief and expected time investment. Quotations may be subject to change if additional work is required.

All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

Payment terms

“The Client” agrees to pay: 50% non-refundable deposit of the quoted amount to commence the design project.
25% is due after 3 rounds of changes/revisions have been complete, or site in online for testing, and
25% is due on the day of Delivery, Sign Off or Live Date.
The project deposit is non-refundable, and if a project is cancelled by “the client”, for whatever reason, the deposit will serve as a cancellation fee.

All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.

Payment schedule

The client will make a 50 percent down payment prior to work commencing. The project can be scheduled once the down payment is received by the designer. The down payment is non-refundable. The remaining 50 percent is payable to the designer upon completion of the project, and before original artwork is supplied to the client.

Delayed payment

If, after the project has commenced, subsequent invoices are not paid within 30 days, a 15% “delayed payment” fee will be charged. This initial 15% figure will be added upon each recurring 30 day period until the full amount has been received by the designer.

No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Copyright is not transferred until all invoices are paid in full, with no exceptions.

Cancellation

If after project commencement client communication (face-to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by the designer, and ownership of all copyrights shall be retained by the designer. A cancellation fee for work 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.

Approving Proofs/ Designs/Printing

The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.

Confidentiality

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

Copyright
Original Ownership: All original icons, logos, illustrations, and graphic designs created by Loop Creative for use by the Client are the exclusive property of Loop Creative until all fees have been paid in full.

Printing

Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 3-15 working days dependant on the product type. This period commences at date of Client approval of Artwork proof and payment.

All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.

Delivery

The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.

Logo Design

Concepts:
Within 7 business days of receiving your company information and deposit, Mabaso Ink Design and Printing Services will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Mabaso Ink Design and Printing Services will make any needed changes to your favourite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Mabaso Ink Design and Printing Services 10% rate.
File Delivery:
After the final logo design is approved, the logo designs to you as digital files (.JPG, .PDF, and PNG graphics file formats).
Ownership:
You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Mabaso Ink Design and Printing Services retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Mabaso Ink Design and Printing Services permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media.
Payment:
In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to Mabaso Ink Design and Printing Services PPD until paid in full. In the event of termination of this Agreement, Mabaso Ink Design and Printing Services owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Mabaso Ink Design and Printing Services own all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo
Design in all media useful for business promotion and that Mabaso Ink Design and Printing Services reserves the right to display the logo for business promotional use.
Originality:
Mabaso Ink Design and Printing Services affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays:
Illness, injury, or other events beyond Mabaso Ink Design and Printing Service’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination:
The client has the right to terminate this Agreement if, Mabaso Ink Design and Printing Services D fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, Mabaso Ink Design and Printing Services shall retain the deposit.

Website

Please read these Terms and Conditions carefully as they will form a contract between Mabaso Ink Design and Printing Services and you; Your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement. We have tried to keep these Terms and Conditions brief, easy to understand, and as straightforward as possible. If you have any questions however, please do not hesitate to contact us.

Definitions

The following terms and conditions document is a legal agreement between Mabaso Ink Design and Printing Services, hereafter “Mabaso Ink Design and Printing Services” and “client” for the purposes of web site design or development. Mabaso Ink Design and Printing Services preferred web site hosting supplier, Afrihost, will be known as the “Internet Service Provider” (ISP). These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

Mabaso Ink Design and Printing Services is a company that offers a design and printing services and an Internet web site design provider offering the Client graphical design, WordPress, HTML, CSS, and other related computer programming languages for web site development. Mabaso Ink Design and Printing Services is an independent company for the specific purpose of developing and/or improving a web site to be installed on the Clients web space located on an Internet Service Providers (ISP) server.

Domain Name Registration

Mabaso Ink Design and Printing Services will secure a domain name (www.domainname.co.za) for the Client at the Clients request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement unless otherwise stated. These are Internet fees, and are not a source of income for Mabaso Ink Design and Printing Services.

If the Client already owns a domain name, which is authorized to move to the ISP, Mabaso Ink Design and Printing Services will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name, must be undertaken by the Client.

Client agrees to pass on FTP details, Client Panel, and any other access details relating to their domain name and hosting account which Mabaso Ink Design and Printing Services requires to upload the web site, if required as part of a project.

Mabaso Ink Design and Printing Services reserve the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.

Content

Copy for web site must be supplied by the Client in Microsoft Word .DOC or .RTF format via disk or email attachment. If not supplied on disk or via email, there will be an additional charge for type setting. Copy writing services are available at an additional charge.

If the Client does not supply Mabaso Ink Design and Printing Services complete text and graphic content for all web pages contracted, within four (4) weeks of the date the contract was agreed to, the entire amount of the contract becomes due and payable.

Additional web pages requested over and above the amount stated on the quotation will be charged at R300.00 per additional page.

Mabaso Ink Design and Printing Services reserves the right to advise the Client in writing of any change in its charges arising from the work being done by Mabaso Ink Design and Printing Services.

 Payments:

Client has agreed to make monthly payments on the 1st of every month in regards to the design service fee have been charged for the design of Company Website. Client understands the consequences that will be brought against their company if the payment agreement is violated. The consequences could be collection of missed payments plus interest of 30% per month. Client agree to pay any fees and costs that Mabaso InK Design And Printing Services (Pty)Ltd, may incur in collection of my balance owed as well as a competitive interest rate on the amount owed.

Copyrights and Trademarks:

The Client represents to Mabaso Ink Design and Printing Services and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Designer for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mabaso Ink Design and Printing Services from any claim or suit arising from the use of such elements furnished by the Client.

Design Credit:

Client agrees that Mabaso Ink Design and Printing Services may put a by-line on the bottom of their index web page establishing design and development credit. Client also agrees that the website created for the Client may be included in the Mabaso Ink Design and Printing Services portfolio.

Termination:

Mabaso Ink Design and Printing Services may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. If the Client fails to comply with the terms of this Agreement and Mabaso Ink Design and Printing Services refers the matter to an attorney, the Client agrees to pay a reasonable attorney fee. Client also agrees to compensate Mabaso Ink Design and Printing Services for other collection costs and expenses.

Online stores only

The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Web Page Planning Worksheet” and/or the “Store Planning Worksheet”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.

Training and Support

Mabaso Ink Design and Printing Services will provide both e-mail and telephonic support to the Clients designated representatives regarding management of the Clients web site for a period of 1 month (30 days) upon completion of the web site development. Any further support required will incur a charge.

On-going maintenance of this website will be covered by a separate Maintenance Contract, or may be charged on a per-issue basis at The Designer’s normal hourly rate (charged in 30-minute intervals)

Changes to these Terms and Conditions

Mabaso Ink Design and Printing Services reserve the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website www.mabasoink.co.za.

Entire Understanding:

The agreement contained in this “Website Design Development Agreement” constitutes the sole agreement between Mabaso Ink Design and Printing Services and Client regarding its web design service. It becomes effective only when signed by both parties. All prices specified in this Agreement will be honoured for the terms listed above after both parties sign this Agreement. Continued services after that time will require a new agreement. This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa.