TERMS & CONDITIONS
Last Updated 2025
The following Terms and Conditions of Service (“T&Cs”) apply to all products and services provided by Kaalvoet Kreatief / Anonno Creative (Pty) Ltd, a private company registered in the Republic of South Africa (“we”, “our”, “us”), and are governed by the laws of the Republic of South Africa. By engaging our services, accepting a quotation, or making payment for our services, the client (“you”, “the client”) acknowledges that they have read, understood, and accepted these Terms and Conditions.
1. Acceptance of Terms
All work carried out by Kaalvoet Kreatief / Anonno Creative (Pty) Ltd is undertaken on the understanding that the client has accepted these Terms and Conditions in full. Any client purchase order or other documentation shall not override these T&Cs unless expressly agreed in writing. Acceptance may be communicated via email, WhatsApp, or signed quotation.
2. Copyright, Intellectual Property, and Licensing
- All design work, concepts, layouts, graphics, copywriting, ideas, and other creative material produced by Kaalvoet Kreatief / Anonno Creative (Pty) Ltd remain the intellectual property of the company unless explicitly transferred in writing after all fees have been paid.
- If multiple design options are presented, only the selected solution constitutes the agreed work; all other designs remain the company’s property.
- Clients may request permission to use designs beyond the agreed scope; such permission is at the discretion of Kaalvoet Kreatief / Anonno Creative (Pty) Ltd and may incur additional charges.
- Any software, code, plugins, or third-party materials used in projects remain the property of their respective owners. The client is responsible for any ongoing license fees or costs associated with such materials.
3. Project Acceptance & Quotation
- Written quotations or estimates will be provided via email or WhatsApp.
- Acceptance of a quotation, whether via email, WhatsApp, or signed document, constitutes acceptance of these Terms and Conditions.
- Non-refundable deposits as outlined in the quotation are required to secure the project.
4. Payment Terms
- A minimum 50% non-refundable deposit is required before work commences.
- The remaining balance is due upon completion, prior to the release of final files or materials.
- All payments are to be made via online transfer to the company account.
- Late payments will incur interest at 10% per month, calculated daily, until full payment is received.
- Accounts in default for 30 days may result in suspension or removal of materials from our systems, and clients remain liable for the full amount owed, including reasonable legal and collection costs.
5. Urgent Work and After-Hours Services
- Requests with deadlines of less than 48 business hours are considered urgent and are subject to additional fees.
- Work requested outside standard business hours, including evenings, weekends, and public holidays, will be billed at an additional 50% of the standard hourly rate, unless otherwise agreed in writing.
- After-hours work is subject to availability and must be confirmed with Kaalvoet Kreatief / Anonno Creative (Pty) Ltd prior to commencement.
6. Design Retainers
- Design retainers secure a pre-determined number of hours each month for your projects.
- Retainer hours are billed in full whether used or not and do not roll over to subsequent months.
- Retainer hours may be used for agreed design services such as graphic design, content resizing, minor revisions, and campaign support. Work beyond the agreed scope will incur additional charges.
- Retainer hours are non-transferable unless agreed in writing.
- Clients are responsible for providing briefs, content, and feedback in a timely manner. Delays may impact the ability to use all allocated hours.
- Retainer clients receive priority scheduling, but all work remains subject to standard Terms & Conditions.
7. Source Files & Deliverables
- Standard deliverables include proofs, PDFs, and other print-ready files as specified in the quotation.
- Source files (AI, PSD, INDD, FLA, or raw code) are not supplied by default. If requested, these may be supplied under a separate quotation or buy-out fee.
- Clients must ensure that they have the appropriate rights for any materials provided to Kaalvoet Kreatief / Anonno Creative (Pty) Ltd. The company accepts no responsibility for third-party claims arising from supplied materials.
8. Alterations & Scope Changes
- Any changes outside the original brief, additional revisions, or changes required after client sign-off will be billed separately.
- Kaalvoet Kreatief / Anonno Creative (Pty) Ltd is not responsible for alterations made by third parties, either before or after delivery.
9. Licensing and Usage Rights
- All work produced is licensed solely for the specific project agreed in writing.
- Reuse, modification, redistribution, or resale without written permission is prohibited.
- Clients indemnify Kaalvoet Kreatief / Anonno Creative (Pty) Ltd against any claims arising from supplied content (text, images, logos, audio, or other materials) for which the client does not hold appropriate rights.
10. Website Design, Hosting, and Domain Services
- Websites are deemed complete upon client sign-off. Minor changes are allowed at no cost within 14 days. Major changes or revisions after this period may be charged separately.
- Hosting services are limited, outsourced, and may experience interruptions. Kaalvoet Kreatief / Anonno Creative (Pty) Ltd accepts no liability for downtime or loss of service.
- Domain registration is attempted in good faith, but availability is not guaranteed. Clients are responsible for ongoing fees related to domains, hosting, or third-party services.
- Search engine submission cannot be guaranteed, and no specific rankings or positions can be promised.
11. Design Credits and Publicity
We reserve the right to display work created for clients, with or without client branding, for portfolio and promotional purposes.
12. Cancellation
- Cancellations must be submitted in writing to our official email or postal address.
- Clients are liable for all work completed beyond the non-refundable deposit.
- Failure to provide timely written cancellation may result in the client being charged the full project fee.
13. Liability and Disclaimers
- Kaalvoet Kreatief / Anonno Creative (Pty) Ltd is not liable for any loss, consequential loss, or damages of any kind arising from the services provided.
- Maximum liability is limited to the fees paid for the specific project.
- Clients indemnify the company against claims arising from their supplied materials, instructions, or any third-party disputes.
14. Data & File Formats
- Text must be supplied in acceptable electronic formats such as .txt, .docx, or via agreed cloud storage.
- Images must be of a quality suitable for immediate use; the company will not be held liable for poor-quality scans or materials.
- Additional services such as photography, image processing, color correction, or data entry will incur extra charges.
15. Lead Times and Availability
- Standard lead time: 3-5 business days from receipt of the brief and cleared payment.
- Urgent projects (<48 hours) incur additional fees.
- Clients must provide full briefs, content, and timely feedback to enable completion within lead times.
16. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of South Africa. All disputes shall be subject to the jurisdiction of the South African courts.
17. General Provisions
- These Terms and Conditions supersede all previous agreements.
- Kaalvoet Kreatief / Anonno Creative (Pty) Ltd reserves the right to amend rates, retainer terms, and conditions at any time.
- Multiple client projects may affect timelines. Clients’ understanding and flexibility regarding scheduling are appreciated.
18. Acceptance
By making a payment, accepting a quotation, or engaging the services of Kaalvoet Kreatief / Anonno Creative (Pty) Ltd, the client acknowledges that they have read, understood, and accepted these Terms and Conditions in full.
For any questions regarding these Terms and Conditions, please contact:
Email: hallo@kaalvoetkreatief.co.za