terms and conditions

Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Sorted Design Studio CC (hereinafter referred to as Sorted Design+Advertising or Sorted Design or Sorted).

All work is carried out by Sorted Design+Advertising on the understanding that the client has agreed to Sorted Design+Advertising’s terms and conditions.

Copyright is retained by Sorted Design+Advertising 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 Sorted Design+Advertising as fulfilling the contract. All other designs remain the property of Sorted Design+Advertising, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, Sorted Design+Advertising will provide the customer with a written estimate or quotation. A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Sorted Design+Advertising. Alternatively, the client may send an official order via email in reply to the estimate or quotation which binds the client to accept Sorted Design+Advertising’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Sorted Design+Advertising.

Design Charges

Charges for design services to be provided by Sorted Design+Advertising will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Sorted Design+Advertising has received this amount. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Source Files

Charges for design work do not cover the release of copyright design files including indd, psd, png, fla or any other source files; if the Client requires these files, they will be subject to a separate quotation or ‘buy-out’ charge. This must be discussed with Sorted Design+Advertising Management.

Charges for Other Services

Charges for any additional services over and above the estimated design will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount.

Payments may be made by online transfer, cash, cheque, credit card (Visa, Mastercard) or Debit Card. Publication and/or release of work done by Sorted Design+Advertising on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of R500 per returned cheque. Sorted Design+Advertising reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Sorted Design+Advertising shall be considered entitled to remove Sorted Design+Advertising and/or the customer’s material from any and all computer systems, websites and servers, 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, search engine optimization, digital marketing, design and maintenance, sub-contractors, printers, websites, general creative work, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Sorted Design+Advertising reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Sorted Design+Advertising for inclusion in the customer’s website, designs, documents, brochures or other media, the customer declares that it holds the appropriate copyright and/or trademark permissions. Sorted Design+Advertising will not be held reliable for copyright infringements on material supplied by the client. 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 Sorted Design+Advertising on behalf of the customer, will remain the property of Sorted Design+Advertising and/or its suppliers. The customer may request in writing from Sorted Design+Advertising, the necessary permission to use materials (for which Sorted Design+Advertising holds the copyright) in forms other than for which it was originally supplied, and Sorted Design+Advertising 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 Sorted Design+Advertising, the customer grants Sorted Design+Advertising permission to use this material freely in the pursuit of the design.  Should Sorted Design+Advertising, or the customer 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 customer will agree to allow Sorted Design+Advertising to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Sorted Design+Advertising 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.

Alterations

The customer 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 customer also agrees that Sorted Design+Advertising holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Sorted Design+Advertising, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Sorted Design+Advertising 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. Sorted Design+Advertising will not be held responsible for any and all damages resulting from such claims. Sorted Design+Advertising is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Sorted Design+Advertising responsible for any such loss or damage. Any claim against Sorted Design+Advertising shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Sorted Design+Advertising’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Sorted Design+Advertising in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail / FTP.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Sorted Design+Advertising via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Sorted Design+Advertising will not be held responsible for any image quality which the client later deems to be unacceptable. Sorted Design+Advertising 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, colour correction and alteration of images

Design Project Duration

Any indication given by Sorted Design+Advertising of a design project’s duration is to be considered by the customer to be an estimation. Sorted Design+Advertising 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 by Sorted Design+Advertising  for the initial payment or by date confirmed in writing by Sorted Design+Advertising.

Rights of Access for Website Construction

The client agrees to allow Sorted Design+Advertising all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Sorted Design+Advertising access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Sorted Design+Advertising with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website design only

Sorted Design+Advertising require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

Once web design is complete, Sorted Design+Advertising will provide the customer with the opportunity to review the resulting work. Sorted Design+Advertising will make one set of minor changes at no extra cost within 14 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 Sorted Design+Advertising by e-mail or fax and confirmed by post. Sorted Design+Advertising will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

POPI Act & Privacy

It is the client’s responsibility to make sure that they are POPI compliant. Sorted Design+Advertising will not by default implement POPI compliancy on the websites or other digital projects we design, this includes but is not limited to: direct mailers, double opt-in, terms and conditions and privacy policies. The client is to request such features. 

Any databases supplied by the client is assumed to be through double opt-in processes. We will not be held responsible for any loss, damages or legal actions taken against the use of such databases. This lies solely with the client.

Sorted Design+Advertising reserves the right to send email marketing to current and past clients.

Translation Services

The client should supply the final document(s) to be translated in a clean, editable format.

All intellectual and copyright of the document(s) shall stay vested with the client who supplies it and Sorted Design+Advertising shall do all in its power to protect the confidentiality of the documents.

Once the final translated document has been supplied, a client will have 7 (seven) calendar days to comment on any concerns they have. Non-comment will result in final approval of our work and acceptance thereof.

Payment policy for translations: It is in Sorted Design+Advertising’s discretion that full payment must first be received before any project is started. However, once a credit-record has been created Sorted Design+Advertising can extend the payment period to 30 (thirty) calendar days from the delivery of the invoice. 

It is important that work supplied by Sorted Design+Advertising receives client approval before it is reproduced in any form, as no liability will be vested with Sorted Design+Advertising. Sorted Design+Advertising will not accept any responsibility for expenses incurred.

Translation quotes (unless indicated otherwise) is for a one-directional service only. If a client requires a revision, review or back translation of the translated text, please request this in specific.

Hosting websites and Domain Registration

Clients are to register and organise their own hosting for websites.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Sorted Design+Advertising cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The customer agrees to allow Sorted Design+Advertising to place a small credit on printed material exhibition displays, advertisements and/or a link to Sorted Design+Advertising own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Sorted Design+Advertising to place websites and other designs, along with a link to the client’s site on Sorted Design+Advertising own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal

Sorted Design+Advertising 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. Sorted Design+Advertising also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Sorted Design+Advertising does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Sorted Design+Advertising to remove the contravention without hindrance, or penalty. Sorted Design+Advertising is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Sorted Design+Advertising will need formal notification in writing to the company’s postal address of fax. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Sorted Design+Advertising within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Sorted Design+Advertising makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Sorted Design+Advertising will not be held responsible for any and all damages resulting from products and/or services it supplies. Sorted Design+Advertising 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 Sorted Design+Advertising responsible for any such loss or damage. Any claim against Sorted Design+Advertising shall be limited to the relevant fee(s) paid by the customer.

Sorted Design+Advertising 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. Sorted Design+Advertising will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Sorted Design+Advertising 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. Sorted Design+Advertising 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Sorted Design+Advertising reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Sorted Design+Advertising, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions. An estimate validated by the customer’s signature on the estimate or quotation form or received via email confirmation 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 signatory and Sorted Design+Advertising.

 Any disputes will be settled under South African Law.

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PRETORIA | JOHANNESBURG | CAPE TOWN | DURBAN | POLOKWANE | LONDON | AMSTERDAM | ROTTERDAM | SINGAPORE

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