Graphic Design Terms & Conditions

The legal side of Loop

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OUR GRAPHIC DESIGN TERMS & CONDITIONS
(Last updated: April 2016)
Loop Creative is a division of Loop Online (Pty) Ltd (Registration No. 2014/118143/07) ("Loop Creative") is a South African digital agency that provides graphic design services to it's customers. We provide these services to customers subject to our Graphic Design Terms & Conditions.

This agreement (the “Agreement”) is between you, “the Client” and “Loop Creative” In consideration of the mutual agreement made herein, both parties agree as follows:

1. Development Procedure
1 - Scope: Loop Creative agrees to design graphic work according to the specifications set out by the Client.
2 - Cost: Loop Creative agrees to deliver all designs for the agreed upon price.
3 - Timeline: Loop Creative agrees to make all reasonable efforts to deliver the graphic designs within a reasonable time period of which the minimum is 2 weeks.
4 - Deposit Schedule: A 50% deposit must be paid prior to development. It is non-refundable, regardless of contract termination by the Client.
5 - Development Balance: On Client approval of the graphic design, as agreed to by the Client, the remaining balance shall be paid as agreed upon.
6 - Feedback: Loop Creative will throughout the development process, provide feedback, updates, reports on the design and work progress.
7 - Enhancements: the Client may submit work requests for features beyond the scope of the agreed upon specifications. On an Enhancement request, Loop Creative shall determine additional costs and notify the client before proceeding.

2. Guarantee
Loop Creative represents and warrants to the Client that it has the experience and ability to perform the services entered into by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement.

3. Copyright
1 - Original Ownership: All original icons, logos, illustrations, and graphic designs created by Loop Creative for use by the Client are the exclusive property of Loop Creative until all fees have been paid in full.
2 - Transfer: On receipt of the total fee by Loop Creative, the Client is authorized to have exclusive use of all icons, logos, illustrations and graphic designs for purposes of marketing,advertising, and promotion of the Client and its subsidiaries. Loop Creative agrees that its work product produced in the performance of this Agreement shall remain the exclusive property of Client, and that it will not sell, transfer, publish, disclose, or otherwise make the work product available to third Parties without Client's prior written consent. Any rights granted to Loop Creative under this Agreement shall not affect Client's exclusive ownership of the work product.

4. Confidentiality
Loop Creative acknowledges access may be given to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Loop Creative agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Loop Creative before this Agreement is agreed to or afterward.

5. Compensation
the Client agrees to pay Loop Creative 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Loop Creative will inform the Client about additional costs.

6. Client Approval
Upon acceptance of the Work, the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Loop Creative is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

7. Cancellation
Both parties understand that the Client or Loop Creative may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Loop Creative. Should the Client cancel the project following it's completion, the Client will have no recourse as to claim back the deposit. In the event of cancellation, Loop Creative retains ownership of all copyrights and original work created.

8. Product & Service Terms
General: Loop Creative will design graphics according to the provided specifications by the client. Loop Creative will provide up to 3 revisions on designs. It is the responsibility of the Client to provide a detailed and accurate brief. Should the Client reject the design upon the final revision, Loop creative will : Retain the deposit fee & Provide all work up to date upon payment of outstanding balances.
8.1 - Logo Design: Limited to 3 revisions/amendments.
8.2 - Corporate Profile Design: Loop Creative will design a profile with a minimum of 2 pages. Prices are to increase based on the number of pages required by the Client. Profile content is to be provided by the Client.
8.3 - Business Card Artwork: Loop Creative will design a business card with a universal design. the Client may request designs for multiple individuals; Loop Creative shall charge a full fee for the universal design and R150 per person thereafter.
8.4 - Document Design: Limited to a single page document.
8.5 - Flyer Design: Limited to a single flyer design.
8.6 - Brochure Design: Loop Creative will design a brochure with a minimum of 2 pages. Prices are to increase based on the number of pages required by the Client. Prices are to increase based on the number of products (If applicable) required by the Client. Brochure content is to be provided by the Client.
8.7 - Invitation Design: Limited to a universal invitation. Loop Creative will charge per personalised invitation.
8.8 - All design services exclude printing.

9. Acceptance of Terms
the Client agrees to pay for the services rendered by Loop Creative for the Work as agreed upon. By signing this agreement, or agreeing via our website order form, the Client agrees they have read, understood, and are considered legally bound to these terms and conditions.

10. Conflict of Terms & Conditions
Where a conflict of Terms & Conditions may arise in relation to website development, the Terms & Conditions found on this page (http://loopcreative.co.za/graphicterms) will take precedent over any other Terms & Conditions.