All design work is carried out by WOW Marketing Agency on the understanding that the client has agreed to abide by WOW Marketing Agency’s terms and conditions.

Copyright of all graphic design work is retained by WOW Marketing Agency including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by WOW Marketing Agency as fulfilling the contract. All other artwork designs remain the property of WOW Marketing Agency, unless agreed in writing.

Project Acceptance

At the time of proposal, WOW Marketing Agency will provide the customer with a written estimate or quotation.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to WOW Marketing Agency. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept WOW Marketing Agency’s terms and conditions. No work on a project will commence until either document has been received by WOW Marketing Agency.

Design Fees

Fees for design services to be provided by WOW Marketing Agency, will be set out in the written 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 deposit of 60% of the quoted fee will become immediately due. Work on the project will not commence until WOW Marketing Agency has received this amount. Should an initial meeting be requested that is not at our offices, and you do not accept our quotation, you will be invoiced for the time spent out of our office plus additional travelling expenses calculated at R5 per km from The Wilds Estate, Pretoria East.

Rush Fees

If any services are requested with a shorter turnaround than quoted, a rush fee of R500 per hour is applicable if time is available.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.

Payment

The client will be asked to provided artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 10% per month of the outstanding amount.

Payments may be made by Electronic Transfer only.

Publication and/or release of work done by WOW Marketing Agency on behalf of the client, may not take place before funds have cleared.

Payment in full is required prior to artwork being sent to print.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. WOW Marketing Agency shall be considered entitled to remove WOW Marketing Agency’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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay WOW Marketing Agency reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to WOW Marketing Agency for inclusion in the customer’s brochure or other 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 rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by WOW Marketing Agency on behalf of the customer, will remain the property of WOW Marketing Agency and/or it’s suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.

The customer may request in writing from WOW Marketing Agency, the necessary permission to use materials (for which WOW Marketing Agency holds the copyright) in forms other than for which it was originally supplied, and WOW Marketing Agency may, at it’s discretion, grant this.

Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. WOW Marketing Agency reserves the right to charge fees for additional useage.

By supplying images, text, or any other data to WOW Marketing Agency, the customer grants WOW Marketing Agency permission to use this material freely in the pursuit of the design and to utilise the designs in WOW Marketing Agency’s portfolio unless agreed otherwise.

Should WOW Marketing Agency, 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 copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow WOW Marketing Agency to remove and/or replace the file.

The customer agrees to fully indemnify and hold WOW Marketing Agency free from harm in any and all claims resulting from the customer in 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 required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that WOW Marketing Agency 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 WOW Marketing Agency, or any of it’s contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of WOW Marketing Agency and any of it’s relevant sub-contractors.

All design work where there is a risk that another party may make 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. WOW Marketing Agency will not be held responsible for any and all damages resulting from such claims. WOW Marketing Agency is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold WOW Marketing Agency responsible for any such loss or damage. Any claim against WOW Marketing Agency shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to WOW Marketing Agency’s definition of acceptable means of supplying data to the company.

Text is to be supplied to WOW Marketing Agency in electronic format as standard text (.txt), MS Word (.doc) via Google Drive, Dropbox, Wetransfer or e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by WOW Marketing Agency via Google Drive, Dropbox or Wetransfer. Images must be of a quality suitable for use without any subsequent image processing, and WOW Marketing Agency will not be held responsible for any image quality which the client later deems to be unacceptable. WOW Marketing Agency 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, or data entry services.

Design Project Duration

Any indication given by WOW Marketing Agency of a design project’s duration is to be considered by the customer to be an estimation. WOW Marketing Agency cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by WOW Marketing Agency.

Design Project Completion

WOW Marketing Agency considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Websites Only

Once web design is complete, WOW Marketing Agency will provide the customer with the opportunity to review the resulting work. WOW Marketing Agency 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 WOW Marketing Agency by e-mail or fax and confirmed by post.

Late Payment

Late payment will result in the suspension of your hosting account, and an unsuspension fee of R100 may be levied. If an account needs to be restored from backup after termination, a data recovery fee of up to R250 will be levied. “Unpaid” means that the funds do not reflect in our bank account.

WOW Marketing Agency will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

Off Site Website Developments

Should we develop/design your website offsite with a temporary domain, you will be billed for hosting and admin fees on a monthly basis of R150.00. Should your website design project during this phase exceed more than 3 months due to non-payment, we reserve the right to cancel the temporary domain. A website backup will be made available to you once payment is made, which you, as our client, have to deal with from your side with your host provider to implement the necessary migration on your host platform. We do not take any responsibility for any misconfiguration or errors from this point forward.

Design Credits

The customer agrees to allow WOW Marketing Agency to place a small credit on printed material, exhibition displays, advertisements and/or a link to WOW Marketing Agency’s own website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow WOW Marketing Agency to place all designs on WOW Marketing Agency’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

WOW Marketing Agency will not include in its designs, any text, images or other data which 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. WOW Marketing Agency also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that WOW Marketing Agency does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow WOW Marketing Agency to remove the contravention without hindrance, or penalty. WOW Marketing Agency is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of any retainer or services may be made at any time by providing WOW Marketing Agency with a cancellation request 1 calendar month in advance, in writing. In the event of cancellation of the agreement prior to the completion of the cancellation period, WOW Marketing Agency reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.

Termination of Retainer Contract

Should the Client decide to terminate the retainer contract, 2 months written notice via email is required. This allows WOW Marketing Agency time to find another client to fill the contract. During the notice period of 2 months the Client commits to supply WOW Marketing Agency with work and commit to make payment during the 2 months.

The Pause Clause

If a client deliverable (such as content, approvals, payment) is more than 10 business days late the project will be considered “on hold.” Once the deliverable is received by WOW Marketing Agency and the project is reactivated it will be rescheduled based on our current workload and availability. Just be aware, it could be weeks or even months to be back on the calendar if your project is put on hold. WOW Marketing Agency will notify you if the Pause Clause is activated.

Disclaimer

WOW Marketing Agency makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. WOW Marketing Agency will not be held responsible for any and all damages resulting from products and/or services it supplies. WOW Marketing Agency is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take a 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 customer agrees not to hold WOW Marketing Agency responsible for any such loss or damage. Any claim against WOW Marketing Agency shall be limited to the relevant fee(s) paid by the customer.

WOW Marketing Agency 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. WOW Marketing Agency will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

WOW Marketing Agency 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. WOW Marketing Agency recommend 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. WOW Marketing Agency reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by WOW Marketing Agency and validated by the customer’s signature on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and WOW Marketing Agency.