Terms and Conditions

The Important Stuff

Acceptance of Quotation and Terms and Conditions

Quotations are valid for a period of 30 days.
The placement of an order for design services offered by BrandSoul, 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 BrandSoul.

Fees and Payments

Fees for design services to be provided by BrandSoul, 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, 100% of payment needs to be made in order to commence with the project. If the service is website design, a deposit of 60% of the quoted fee will become immediately due.
Work on the project will not commence until BrandSoul has received the full payment or 60% deposit if it’s a web design.
The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due, if any, will become payable. Full payment is required before print/publishing will commence.
Publication and/or release of work done by BrandSoul 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. BrandSoul shall be considered entitled to remove BrandSoul and/or the client’s material from the website or online publications, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance.
Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay BrandSoul reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Website Design & Review

Websites are designed with all the client’s original content and final design brief.
Once the web design is complete, BrandSoul will provide the client with the opportunity to review the staging site. Once the remaining 40% has been settled, the completed site will go live.
BrandSoul will make one set of changes in the review period relating to font, colour, imagery and minor design changes. Should there be multiple design changes, the client will be charged an additional fee per the hourly rate set out by BrandSoul. The revert window is 2 weeks after the submission of the website review notice to the client.
It is the duty of the client to ensure a comprehensive and timely review is made of the site, and that all changes are noted regarding the entire website and pages in the initial review. The client is to ensure all parties are consulted and a representative gathers all feedback into one review response.
Changes to the initial design are made once off, and approval is then required.
If further changes are sent through after the initial review response, the client will be held liable for additional out of scope fees. Especially if these changes pertain to any original work that could / should have been noted in the first review.
Upon completion, the client will need to advise if the website will be placed under a maintenance contract or handed over to the client to manage.

Copyrights, Ownership and Trademarks

By supplying text, images and other data to BrandSoul for inclusion in the client’s brochure / website 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 BrandSoul, the client grants BrandSoul permission to use this material freely in the pursuit of the design and to utilise the designs in BrandSoul portfolio unless agreed otherwise.
Should BrandSoul, or the client supply an image, text, audio clip or any other file for use in a 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 client will agree to allow BrandSoul to remove and/or replace the file.
The client agrees to fully indemnify and hold BrandSoul 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.
BrandSoul may use any Artwork/design for it’s own promotion and portfolio use, unless agreed otherwise.
Copyright of all graphic design work is retained by BrandSoul 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 BrandSoul as fulfilling the contract. All other artwork designs remain the property of BrandSoul, 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 BrandSoul holds no responsibility for any amendments made by any third party, before or after a design is published.
Unless otherwise negotiated or BrandSoul copywriting services are used, 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 (includes text from previous websites). BrandSoul assumes all written content adheres to copyright laws.
Images are also expected to be supplied before work begins, unless by prior negotiation or if using BrandSoul stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res PNG or JPEG files (300 dpi). BrandSoul assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, all projects (excluding website design) include three rounds of minor changes or author’s revisions of the chosen project only. Following three revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Designs and Artwork need to be proofed and checked upon receipt. BrandSoul cannot be held liable for lack of checking and approving by the client should the design go to print and it is not correct.
There are a limited amount of revisions per design, the client is to ensure proper checking of designs and communication to BrandSoul regarding fixes and changes. Anything over and above this will result in additional fees .
If a client does not take the time to proof their designs and highlight the changes / edits upfront and or on receipt, the client will be liable for additional costs to change the design after already approved and project completed. This applies to once off and Retainer Contracts.
Retainer Contracts do not exempt designs from this rule. Each design / artwork is still considered to be approved and signed off after the initial revision. Constant revisions to completed artwork does not form part of the retainer fees and will be billed accordingly.

Data Formats

Text is to be supplied to BrandSoul in electronic format as standard text (.txt), MS Word (.doc) on e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by BrandSoul electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and BrandSoul will not be held responsible for any image quality which the client later deems to be unacceptable. BrandSoul 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.
BrandSoul will not reformat images for product image in stores. Images for products need to be sent in the correct size, quality and cropped ratio. If the client wishes to outsource this service, BrandSoul will quote on image processing and resizing for safe web import.

Design Project Duration

Any indication given by BrandSoul of a design project’s duration is to be considered by the client to be an estimation. BrandSoul 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 BrandSoul as well as all content received in a timely manner.

Design Credits

The client also agrees to allow BrandSoul to place all designs on BrandSoul own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

BrandSoul 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. BrandSoul also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that BrandSoul does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow BrandSoul to remove the contravention without hindrance, or penalty. BrandSoul is to be held in no way responsible for any such data being included.

Cancellation

If a client cancels and requests a refund on any order or part order before the project is completed, then BrandSoul reserves the right to keep a percent % of the deposit to cover work already done. If a client cancels or requests a refund for a project already completed, BrandSoul reserves the right to keep the deposit in full as well as request funds to cover work already completed on the project.
Upon cancellation and refund request or non payment, BrandSoul reserves the right to all the content and will not send final or draft design content to the client. Website design and pages already designed will be taken down and BrandSoul will not be held responsible for cancellations of Domain and Hosting fees.
If a client cancels, without requesting a refund, and does not want to proceed with the remainder of the project design. BrandSoul reserves the right to retain the 50% deposit to cover work already completed, and will submit the completed designs that fall within the 50% deposit received.
Domain and Hosting cancellation fees are not the responsibility of BrandSoul. These are controlled by the Hosting Company and are the for clients account when cancelling the services.

Disclaimer

BrandSoul 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. BrandSoul will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

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