Graphic Design Terms and Conditions

Graphic Design Agreement

All references to “the Company“, “we“, “us”, “designers” and “our” in these terms and conditions are deemed

to refer to PC by Design, a company in the Republic of South Africa, Western Cape, Vredenburg, 7380.

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.pcbydesign.co.za

Terms and Conditions

In consideration of the mutual covenants set forth in this Agreement, Customer and Designers hereby agree

as follows:

1. Description of the Project (“Specifications”).

Designers agree to develop the Project according to the customer’s specifications. Where such specifications

are not possible, the customer will be advised by the designer for alternative specifications.

2. Additional Editing & Changes.

Any changes outside of the set framework of initial specifications may incur extra fees. The customer will

advised of extra fees via email or in writing. Any changes made will have to be agreed upon by the designer

and the customer.

3. Delivery of Project.

Designers will use all reasonable efforts in the development of the Project and endeavor to complete and

deliver to Customer all files, media and materials related to the Project no later than in 10 business days or

unless otherwise stated after the effective date of this agreement by an approved party provided that

payment and all requested instructions and material have been received by Designers from Customer. Any

delay in the completion of the Project due to actions or negligence of Customer, transportation delays,

illness, or circumstances outside the control of Designers may alter the delivery date. Designers will make

reasonable effort to notify Customer of any delays to the estimated delivery date as soon as possible.

3.1 Reproduction of Project.

Upon successful completion of all compensation terms and outstanding balances owed to Designers.

Customer is granted full and unlimited reproduction rights to the Project.

Designers retain the right to reproduce the Project in any form for marketing, future

publications, competitions or other promotional uses. Designers shall at no time reproduce the

Project for use in commercial means or for-profit use.

Customer may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by designer

during work on the Project but not included into the final version of the Project. Such artwork belongs solely

to Designer who may use it at his own discretion.

4. Ownership of Artwork and Source Files.

Except for Customer’s Proprietary Material (defined below) contained in the Project, Designers shall hold all

right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for

the Project. Specifically, but without limitation, Designers shall hold all right, title, and interest in and to (1)

all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or

arrangements or other components of any materials presented to Customer that comprises the Project, (3)

all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or

otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or

industrial property rights in the Project or any component or characteristic thereof. Customer shall not do

anything that may infringe upon or in any way undermine Designers’ right, title, and interest in the Project,

as described in this Paragraph 4. Notwithstanding the above, Customer shall retain and, Designers shall

have no proprietary rights whatsoever in all of Customer’s intellectual property rights in any and all text,

images or other components and/or materials owned by Customer, or which Customer has the legal right to

use, that are delivered to Designers, including but not limited to software, related documentation, Customer

marketing material, logos, and tag lines (“Customer’s Proprietary Material”). Designers agree that they shall

not use Customer’s Proprietary Material for any other purpose than those expressly set forth in this

Agreement.

5. Compensation.

Full payment is required before any work commences. If for whatever reason the contract is ended, the

amount paid by you are non-refundabled.

Customers accept responsibility for all additional material costs that may occur outside of the agreed

proposal whereby the customer will be notified in writing of such costs and the designing will commence

once all additional costs is paid in full.

6. Confidentiality.

Customer and Designers acknowledge and agree that the Specifications and all other documents and

information related to the development of the Project, excluding however, Customer’s Proprietary Material,

(the “Confidential Information”) will constitute valuable trade secrets of Designers. Customer shall keep the

Confidential Information in confidence and shall not, at any time during or after the term of this Agreement,

without Designer’s prior written consent, disclose or otherwise make available to anyone, either directly or

indirectly, all or any part of the Confidential Information.

7. Limited Warranty and Limitation on Damages.

Designers warrant the Project will conform to the Specifications. If the Project does not conform to the

Specifications, Designers shall be responsible for the timely correction of the Project, at Designers’ sole

expense and without charge to Customer, to bring the Project into conformance with the Specifications. This

warranty shall be the exclusive warranty available to Customer. Customer waives any other warranty,

express or implied. Customer acknowledges that Designers are not responsible for the results obtained by

Customer’s use of any part of the Project. Customer acknowledges that Designers are not responsible for

fixing any problems, errors or omissions on the Project, once mass produced or after Customer has tested,

proofed and approved the Project. Except as otherwise expressly stated herein, Customer waives any claim

for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in

contract or tort) is the return of the consideration paid to Designers as set forth in Exhibit A attached hereto.

This limited warranty shall become void and expire 14 days after the delivery of the Project by Designers.

8. Availability of Materials, Logos, Graphics and other Collateral.

Customer agrees to make available to Designers, for Designers’ use in performing the services required by

this Agreement, such graphical elements and materials as Customer and Designers may agree in writing for

such purpose. Failure to provide Designers with Materials in the requested formats may result in additional

delays or fees in addition to those stated in Exhibit A.

9. Trademarks, Logos and other Intellectual Property Issues.

Customer is responsible for any Copyright or Trademark issues related to the creation and use of Project

files by Customer. Customer shall be solely responsible for any Trademark or Copyright searches pertaining

to the Project unless otherwise contracted for in the Specifications. Designers will not knowingly copy other

rightfully trademarked or copyrighted material.

10. Designer Fees.

Upon accepting quote from the designer, full payment is required to be paid by the customer before any

work is started.

Exhibit A

Payment and Working Schedule

1. Designer will start the work on the Project only after the full payment. The exact date when Designer will

actually start to work on the Project (Start Date) will not exceed 10 working days after the payment.

Customer will be informed about the Start Date of the Project after the payment.

2. Depending on the project the Start Date will commence in 1-3 business working days. Designer will

provide the Customer with variants of designs to choose from.

3. Customer should choose and approve one of the variants. Further work on the Project will be based on

the chosen variant. The other variants may not also be used by the Customer thereafter and remains the

Property of PC by Design.

4. Designer continues to work on the Project regularly sending the results to the Customer for review and

approval and make necessary alterations until the Customer is satisfied with the result. The total number of

reviews should not exceed 5 alterations or any major design changes whereby additional fees will be

charged.

5. Designer delivers the resulting Project to the Customer in the format agreed upon.

6. Further work on the improvement of the Project after the allowed number of reviews or working days is

exceeded is possible only after the payment of additional fee quoted by the designer.

Completed projects may be delivered if possible in different digital formats upon the Customers Request. It

remains the Customers responsibility so safely store these files for if by whatever reason these files are lost

or damaged by no fault of ours, we may not be able to supply them again, or a fee will payable to have

these files delivered.

We offer no refunds in any circumstance. We will however ensure to deliver quality and satisfactory services.

Customer agrees to indemnify and hold harmless PC by Design of any and all claims, demands, losses,

causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating

to the services provided by PC by Design.

By making use of the website www.pcbydesign.co.za or using our services the customer agrees to our terms

and conditions.

Customer agrees to indemnify and hold harmless PC by Design of any and all claims, demands, losses,

causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating

to the services provided by PC by Design.