Terms & Conditions.
These Terms and Conditions (“T&Cs”) form a legally binding agreement between Alex Hayn (Pty) Ltd. (“the Company,” “we,” “us,” or “our”) and the client (“the Client” or “you”). By paying a deposit, you acknowledge that you have read, understood, and agreed to be legally bound by these T&Cs.
1. Project Initiation
1.1. Scope of Work and Services
We will provide brand strategy, graphic design, and related services as detailed in a separate project proposal or quotation (“the Quote”). This Quote will outline the deliverables, timelines, and fees. While we will perform all services to the best of our ability, we cannot guarantee any specific commercial outcome from the work.
1.2. Quotations and Deposits
All quotations are valid for 14 calendar days from the date of issue. A non-refundable deposit of 50% of the total project fee is required before any work can begin. This deposit secures your commitment to the project and covers our initial costs.
2. Client and Company Responsibilities
2.1. Client Responsibilities
You are responsible for providing all necessary materials, including text, images, and brand assets, in a timely manner. Delays on your part may affect project timelines, and we will not be held liable for such delays.
2.2. Third-Party Services The use of third-party services (e.g., printers, photographers, illustrators) will be agreed upon in the project proposal. I will manage all relationships with these third parties on your behalf, including sourcing quotes and overseeing the production process. While I will do my best to ensure a smooth process and a timely delivery, I cannot guarantee the outcome or delivery times of their work, as these factors are outside of my direct control.
You will be invoiced separately for any such third-party costs, which will be quoted upfront. A markup ranging from 15% to 50% will be applied to these costs, depending on the complexity of the project and the level of management required.
2.3. Proofreading
It is highly recommended that all work intended for publication, whether in print or digital format, undergoes professional proofreading. I can manage the sourcing and assignment of a professional proofreader on your behalf, with the costs for this service being quoted and invoiced separately. While I will make every effort to ensure accuracy, the final responsibility for proofreading and sign-off on all content remains with you.
2.4. Portfolio and Promotion
We reserve the right to use the completed project work for our own promotional purposes, including in our portfolio, website, and social media. If you require a non-disclosure agreement (NDA), this must be requested and agreed upon in writing before the project commences.
3. Project Completion and Handover
3.1. Final Sign-off
You are required to provide a final written sign-off on all deliverables before they are prepared for print or final delivery. This sign-off confirms your approval of all aspects of the work.
3.2. Final Invoice and Payment
The final invoice for the remaining 50% of the project fee will be issued upon completion and before the final deliverables are handed over. Payment is due within 14 calendar days of the invoice date.
3.3. File Delivery
Upon final payment, we will supply the completed project deliverables in a professional, print-ready, or web-ready format, such as PDF or JPEG.
3.4. Open Editable Files
Open, editable files (e.g., InDesign, Illustrator) are not included as part of the standard project fee. These files will only be handed over if explicitly agreed upon in writing and may incur an additional fee.
4. Indemnification and Intellectual Property
4.1. Indemnity
You agree to indemnify and hold harmless Alex Hayn (Pty) Ltd. against any claims or damages arising from any errors found in the final deliverable after you have provided your written sign-off. This includes, but is not limited to, mistakes in print or factual inaccuracies.
4.2. Intellectual Property
All intellectual property rights in any materials or designs created by us remain our exclusive property until full and final payment has been received. Upon full payment and written handover, the rights in the final, approved designs will be transferred to you for the purposes for which they were created.
5. Non-compliance and Cancellation
5.1. Late Payments
We reserve the right to charge interest on any unpaid balance at a rate of 10% per month, compounded monthly. In the case of non-payment, we may suspend all work, withhold all final deliverables, and engage a third-party debt collection agency, with all costs for your account.
5.2. Project Termination and Fees
Should you choose to terminate the project after work has commenced, a termination fee will apply. This fee is calculated as follows:
The non-refundable 50% deposit.
A pro-rated fee for work completed beyond the initial deposit, based on the total project fee. For example, if 75% of the work is completed at the time of termination, you will be invoiced for an additional 25% of the total project fee (for a total of 75% paid).
All intellectual property rights for the work remain with us. Use of any project materials is prohibited until the termination fee is paid in full.
5.3. Project Closure
Should you request and receive open editable files, the project will be considered complete and closed. Any future work or modifications will be treated as a new project, requiring a new Quote and deposit. We will not accept any returned files to work on under the original terms.
6. Governing Law
6.1. Governing Law and Jurisdiction
These T&Cs are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes will be subject to the exclusive jurisdiction of the South African courts.
6.2. Updates to T&Cs
We reserve the right to update, change, or replace any part of these Terms and Conditions. The T&Cs in effect at the time a deposit is paid will govern that specific project. It is your responsibility to check for changes that may apply to any new projects you initiate.