TERMS & CONDITIONS
Last Updated 2024
The following Terms and Conditions of Service apply to all products and services provided by Solé Els trading as Kaalvoet Kreatief / Anonno Creative, and in the event of any dispute, are governed by the laws of South Africa.
All work is carried out by Kaalvoet Kreatief / Anonno Creative on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by Kaalvoet Kreatief / Anonno Creative 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 designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Kaalvoet Kreatief / Anonno Creative unless specifically agreed in writing.
Project Acceptance
At the time of the proposal, Kaalvoet Kreatief / Anonno Creative will provide the customer with a written estimate or quotation by email or WhatsApp.
The client may send an email or WhatsApp acknowledging acceptance of the quotation which binds the client to accept our terms and conditions, or the quotation.
For the avoidance of doubt, the Kaalvoet Kreatief / Anonno Creative Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Design Charges
Charges for design services to be provided by Kaalvoet Kreatief / Anonno Creative will be set out in the 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 payment of 50% of the quoted fee will become immediately due.
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 commences or 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 uploading to the server or release of materials.
Urgent Requests: Requests with deadlines of less than 48 working hours are subject to additional charges.
Source Files
We will supply proofs and PDF files as appropriate for printing or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to INDD, PSD, AI, PNG, FLA, or other source files or raw code; if the Client requires these files for transfer to an in-house or another designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for Other Services
Charges for any additional services requested during the project that are over and above the estimated time or out of scope will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Payment
The customer will be provided with an invoice before final publication. At this time the remainder of the amount due will become payable, and the customer will also be required to confirm receipt or signify approval by email to Kaalvoet Kreatief / Anonno Creative.
Any invoice queries must be submitted by email within 2 days of the invoice date.
Accounts that remain outstanding for 7 days after the date of the invoice will incur a late payment interest charge of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer.
Publication and/or release of work done by Kaalvoet Kreatief / Anonno Creative on behalf of the client may not take place before cleared funds have been received.
Default
An account shall be considered in default if it remains unpaid for 30 days from the date of the invoice. Kaalvoet Kreatief / Anonno Creative shall be entitled to remove Kaalvoet Kreatief / Anonno Creative’s and/or the customer’s material from any and all computer systems 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 submission, design and maintenance, sub-contractors, printers, 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 all Kaalvoet Kreatief / Anonno Creative‘s reasonable legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images, and other data to Kaalvoet Kreatief / Anonno Creative for inclusion in the customer’s website or another medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer or the rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Kaalvoet Kreatief / Anonno Creative on behalf of the customer will remain the property of Kaalvoet Kreatief / Anonno Creative and/or its suppliers unless otherwise agreed in writing. A license for use of the copyrighted material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.
The customer may request in writing from Kaalvoet Kreatief / Anonno Creative, the necessary permission to use materials (for which Kaalvoet Kreatief / Anonno Creative holds the copyright) in forms other than that for which it was originally supplied, and Kaalvoet Kreatief / Anonno Creative may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin, or other third-party material used in a web or digital project remains the property of the creator, and any ongoing license fees or fees for upgrades are the responsibility of the client, not Kaalvoet Kreatief / Anonno Creative.
By supplying images, text, or any other data to Kaalvoet Kreatief / Anonno Creative, the customer grants Kaalvoet Kreatief / Anonno Creative permission to use this material freely in the pursuit of the design.
Should Kaalvoet Kreatief / Anonno Creative, 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 copyrighted and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Kaalvoet Kreatief / Anonno Creative to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Kaalvoet Kreatief / Anonno Creative free from harm in any and all claims resulting from the customer 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 in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that Kaalvoet Kreatief / Anonno Creative 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 Kaalvoet Kreatief / Anonno Creative, or any of its contractors, is licensed for use by the client on a one-time-only basis and may not be modified, reused, or redistributed in any way or form without the express written consent of Kaalvoet Kreatief / Anonno Creative and any of its relevant subcontractors.
All design work – where there is a risk that another party makes 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.
Kaalvoet Kreatief / Anonno Creative will not be held responsible for any and all damages resulting from such claims.
Kaalvoet Kreatief / Anonno Creative is not responsible for any loss, or consequential loss, or non-delivery of products or services, of whatever cause. The customer agrees not to hold Kaalvoet Kreatief / Anonno Creative responsible for any such loss or damage.
Any claim against Kaalvoet Kreatief / Anonno Creative shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Kaalvoet Kreatief / Anonno Creative’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Kaalvoet Kreatief / Anonno Creative in electronic format as standard text (.txt), MS Word (.docx), or via email / FTP or shared folder.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Kaalvoet Kreatief / Anonno Creative via email / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Kaalvoet Kreatief / Anonno Creative will not be held responsible for any image quality which the client later deems to be unacceptable.
Kaalvoet Kreatief / Anonno Creative 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, data entry services, colour correction, and alteration of images.
Design Project Duration
Any indication given by Kaalvoet Kreatief / Anonno Creative of a design project’s duration is to be considered an estimation. The standard lead time is 3-5 business days from the time of the initial brief, depending on availability at the time of the brief. Kaalvoet Kreatief / Anonno Creative cannot be held responsible for any project over-runs, whatever the cause. Urgent requests, defined as those with deadlines of less than 48 working hours, may incur additional charges. Estimated project duration should be deemed to be from the date that cleared funds are received by Kaalvoet Kreatief / Anonno Creative for the initial payment or by the date confirmed in writing by Kaalvoet Kreatief / Anonno Creative.
Design Project Completion
Kaalvoet Kreatief / Anonno Creative considers the design project complete upon receipt of the customer’s sign-off. Other services such as printing, display panel production, film work, website uploading, publishing, etc., either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website Design Only
Once web design is complete, Kaalvoet Kreatief / Anonno Creative will provide the customer with the opportunity to review the resulting work. Kaalvoet Kreatief / Anonno Creative 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 Kaalvoet Kreatief / Anonno Creative by email or WhatsApp.
Kaalvoet Kreatief / Anonno Creative will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.
Rights of Access for Website Construction
The client agrees to allow Kaalvoet Kreatief / Anonno Creative all necessary access to computer systems and other locations, as required, to complete a website project and, where applicable, agrees to provide any such access details as required to remove all relevant data, files, and passwords as deemed necessary by Kaalvoet Kreatief / Anonno Creative to work on the website.
The client also agrees to allow Kaalvoet Kreatief / Anonno Creative 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 client agrees to supply Kaalvoet Kreatief / Anonno Creative with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Hosting Websites
Kaalvoet Kreatief / Anonno Creative offers a limited hosting service through an out-sourced virtual server. Kaalvoet Kreatief / Anonno Creative does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Kaalvoet Kreatief / Anonno Creative may request that clients change the type of hosting account used if that account is deemed by Kaalvoet Kreatief / Anonno Creative to be unacceptable because of poor service, lack of bandwidth, or in any other way insufficient to support the website. Fees due to the hosting provider are the responsibility of the client and Kaalvoet Kreatief / Anonno Creative is not liable for their payment.
Domain Registration
Kaalvoet Kreatief / Anonno Creative cannot guarantee the availability of any domain name. Where Kaalvoet Kreatief / Anonno Creative is to register a domain name on behalf of a client, it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Kaalvoet Kreatief / Anonno Creative cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted no responsibility can be accepted for the position achieved.
Kaalvoet Kreatief / Anonno Creative does not control the policies of those search engines with respect to the type of sites and/or content that they accept now or in the future. The client should be aware that a new website’s inclusion in search engines can take anywhere from a few weeks to several months and some search engines may only accept submissions for a limited time each month.
Design Credits
The customer agrees to allow Kaalvoet Kreatief / Anonno Creative to place a small credit on printed material exhibition displays, advertisements, and/or a link to Kaalvoet Kreatief / Anonno Creative’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed toward the bottom of the page.
The customer also agrees to allow Kaalvoet Kreatief / Anonno Creative to place websites and other designs, along with a link to the client’s site on Kaalvoet Kreatief / Anonno Creative’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Kaalvoet Kreatief / Anonno Creative will not include in its designs, any text, images, or other data that 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. Kaalvoet Kreatief / Anonno Creative also reserves the right to refuse to include submitted material without giving a reason. In the situation where any images and/or data that Kaalvoet Kreatief / Anonno Creative does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Kaalvoet Kreatief / Anonno Creative to remove the contravention without hindrance, or penalty. Kaalvoet Kreatief / Anonno Creative 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 email, however, following this, Kaalvoet Kreatief / Anonno Creative will need formal notification in writing to the company’s postal address. 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 7 days. Please note: any cancellation that is not formally confirmed in writing and received by Kaalvoet Kreatief / Anonno Creative within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Kaalvoet Kreatief / Anonno Creative makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kaalvoet Kreatief / Anonno Creative will not be held responsible for any and all damages resulting from products and/or services it supplies. Kaalvoet Kreatief / Anonno Creative 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 client agrees not to hold Kaalvoet Kreatief / Anonno Creative responsible for any such loss or damage. Any claim against Kaalvoet Kreatief / Anonno Creative shall be limited to the relevant fee(s) paid by the client.
Kaalvoet Kreatief / Anonno Creative 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. Kaalvoet Kreatief / Anonno Creative will not knowingly perform any actions to contravene these, and the client also agrees to be so bound.
Kaalvoet Kreatief / Anonno Creative 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. Kaalvoet Kreatief / Anonno Creative recommends 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. Kaalvoet Kreatief / Anonno Creative reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Multiple Clients: Kaalvoet Kreatief / Anonno Creative works with multiple clients and manages scheduling and availability accordingly. The client’s understanding and flexibility regarding lead times and project durations are appreciated.
Lead Time and Availability: The standard lead time for any project is 3-5 business days from the time of the initial brief. This timeframe may vary depending on availability at the time of the brief. Urgent requests, defined as those with deadlines of less than 48 working hours, may incur additional charges.
Hourly Rate: The standard hourly rate is R650, subject to change based on specific arrangements or requests.
Retainer Clients: Retainer clients are those who have agreed to a specific monthly rate as opposed to the standard hourly rate. These clients have access to a predetermined amount of hours each month. Projects from retainer clients are briefed through the same process as other projects, with allocation based on the time of briefing. Although retainer clients receive priority for urgent projects, all projects remain subject to the standard terms of briefs.
By accepting a quotation or making a payment of an invoice to use the services supplied, the client acknowledges having read, understood, and accepted the full Terms and Conditions of Kaalvoet Kreatief / Anonno Creative.
If you have any questions regarding these terms and conditions, please direct a formal email to hallo@kaalvoetkreatief.co.za