Disclaimer / Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by TR Designs and in the event of any dispute. All work is carried out by TR Designs on the understanding that the client has agreed to our terms and conditions. Copyright is retained by TR Designs 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 TR Designs, unless specifically agreed in writing.
Project Acceptance
At the time of proposal, TR Designs can provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the TR Designs website. Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.
Design Charges
Charges for design services to be provided by TR Designs 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 100% 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 50% of the project quotation total before the work commences or is supplied to the Client for review. The remaining 50% of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
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, or other source files or raw code; if the Client requires these files for transfer to an in-house or other 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
Payments may be made by Online Transfe, EFT, Payfast, Credit Card (Visa, MasterCard) or Debit Card. Cheque payments are not allowed.
Hosting Account Default
A hosting account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. TR Designs shall be entitled to remove TR Designs’ 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 TR Designs’ 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 TR Designs for inclusion in the customer’s website 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 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 TR Designs. By supplying images, text, or any other data to TR Designs, the customer grants TR Designs permission to use this material freely in the pursuit of the design. The customer agrees to fully indemnify and hold TR Designs 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 permission.
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 TR Designs 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 TR Designs, or any of its 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 TR Designs and any of its relevant sub-contractors.
All design work – where there is a risk that another party 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.
TR Designs will not be held responsible for any and all damages resulting from such claims. TR Designs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold TR Designs responsible for any such loss or damage. Any claim against TR Designs shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to TR Designs’ definition of acceptable means of supplying data to the company. Text is to be supplied to TR Designs in electronic format as standard text (.txt), MS Word (.docx) on CD, or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by TR Designs via CD-ROM, or e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and TR Designs will not be held responsible for any image quality which the client later deems to be unacceptable.
TR Designs 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, color correction and alteration of images
Design Project Duration
Any indication given by TR Designs of a design project’s duration is to be considered by the customer to be estimation. TR Designs 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 are received by TR Designs for the initial payment or by date confirmed in writing by TR Designs.
Rights of Access for Website Construction
The client agrees to allow TR Designs all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.
The customer also agrees to allow TR Designs 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 customer agrees to supply TR Designs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website design only
TR Designs require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that requires changes to the template will incur an additional charge.
Once web design is complete, TR Designs will provide the customer with the opportunity to review the resulting work TR Designs 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, color schemes or any navigation features. Any minor changes can be notified to TR Designs by e-mail.
Design Credits
The customer agrees to allow TR Designs to place a small credit on printed material exhibition displays, advertisements and/or a link to TR Designs 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 TR Designs to place websites and other designs, along with a link to the client’s site on TR Designs’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.
Rights of Refusal
TR Designs 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. TR Designs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that TR Designs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow TR Designs to remove the contravention without hindrance, or penalty. TR Designs is to be held in no way responsible for any such data being included.
Cancellation
In case of no response from the customer/clients end more than a 30 days period or long, then project will be cancelled without any notice or intimation to the client or customer and no amount will be refunded.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. TR Designs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by TR Designs, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.trdesigns.co.za
An estimate validated by the customer’s signature on the estimate or quotation form, or by email, 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 TR Designs.
