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Design Services Disclaimer

  • It is the client’s responsibility to prepare a clear brief for required project of task.
  • It is the client’s responsibility to work together on the detail of the specification of the project or task.
  • It is the client’s responsibility to inform Plural Studios of any factors that will interrupt the project or task.
  • It is the client’s responsibility to appoint one sign-off person at the client who will be able to devote adequate time across the whole project and whose agreement will be binding.
  • It is the client’s responsibility to agree on any subject matter with experts from the company who will need to be involved and ensure that they offer adequate time in accordance with the project timeline.
  • It is the client’s responsibility to keep within the turnaround time agreement, or accept revised time, cost and quality penalties.
  • It is the client’s responsibility to agree that any changes made after deadlines dates or sign-off will incur time, cost and quality penalties.
  • The client shall be solely responsible for providing Plural Studios with all necessary information in connection with its goods, services, the market and generally, Plural Studios shall not be responsible for any shortcomings in such information.
  • At the time of proposal, Plural Studios will provide the customer with a formal quotation. The Terms and Conditions can be read on Plural Studios website. A copy of the written quotation and contract is to be signed and dated by the customer to indicate acceptance and should be returned to Plural Studios. No work on a project will commence until either document has been received by Plural Studios.
  • The client shall be responsible for any increases in Plural Studios costs as a result of any changes to such job parameters or other material made by the client either directly or indirectly after the date of any quotations given by Plural Studios, and for any increase in costs by way of overtime charges if the time and date for completing a project is brought forward by The Client either directly or indirectly. Quotations are valid for a period of thirty days (30 Days) from the date of quotation.
  • The total cost does not include value added TAX. Charges for design services to be provided by Plural Studios, will be set out in the written estimate that is provided to The Client. At the time of the customer’s signed acceptance of this quotation, indicating acceptance of the Terms & Conditions, a deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Plural Studios has received this amount. Should the project be delayed or stand still by The Client without any progress for 30 (Thirty) working days from date of last proof supplied by Plural Studios, a Milestone payment of 15% will be required. Any changes performed after artwork approval will result in an additional revised estimate being submitted to The Client i.e. Client’s corrections, faulty material charges will be billed in addition unless specifically included in the quotation. Expenses such as photography and prints, reproduction and printing, bulk postage, photostock images, advertising and advertorial costs, font files, CI manuals, translations travel inside and outside of SA, packaging supplier consultations, if not stated in the quotation are not included in the fees and will be billed for accordingly. At all times, all quotations will be supplied for approval to The Client by Plural Studios.
  • A charge may be made to cover any additional work involved where the design elements/data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. Where material is so supplied or specified, responsibility will not be accepted for imperfect work caused by defects in the supply, format or specification. This includes any incompatibility or defects caused by differing software versions or conflicting operating systems.
  • All work carried out, whether experimentally or otherwise, at The Client’s request shall be deemed chargeable.
  • Unless specifically requested to the contrary, Plural Studios shall be entitled to sub-contract any work to any third parties as it thinks fit. Plural Studios shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by Plural Studios for completion of any job, for any reason outside the direct control of Plural Studios.
  • Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by Plural Studios. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from The Client. Alteration by The Client of its requirements may result in delay in performance, delivery and/or availability for collection for which Plural Studios shall bear no liability. Plural Studios shall not be held liable for any delay in print production and late delivery thereof. Any packaging supplied by Plural Studios, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed. If The Client (or the intended recipient) fails to take delivery on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, Plural Studios shall be entitled to store the goods and to charge The Client the reasonable cost of doing so, and to tender its account for such charges to The Client, provided that in no event shall Plural Studios be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
  • By supplying text, images and other data to Plural Studios for inclusion in The Client’s business cards, flyers, pamphlets, 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 artwork, images, or text supplied and/or designed by Plural Studios on behalf of the customer, will remain the property of Plural Studios and/or its suppliers. The customer may request in writing from Plural Studios, the necessary permission to use materials (for which Plural Studios holds the copyright) in forms other than for which it was originally supplied, and Plural Studios may, at its 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. By supplying images, text, or any other data to Plural Studios, the customer grants Plural Studios permission to use this material freely in the pursuit of the design. Should Plural Studios or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 plural Studios to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Plural Studios 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. Unless otherwise specified all fonts used in any design material supplied by Plural Studios will remain property of Plural Studios.
  • Plural Studios will attempt to ensure that only royalty free images are used in custom designs. It is agreed that Plural Studios employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of the client or provided by the client.
  • We prepare and check artwork for reproduction as carefully as possible. However, we do not accept responsibility for any errors caused by The Client or suppliers (for example typesetters, printers etc.) once artwork has been passed for print or production. Plural Studios agrees to hold on behalf of The Client finished artwork or sketch work that has been created by Plural Studios or used by Plural Studios and in furtherance of this Agreement and accept responsibility for any damage or loss of such artwork and sketch work held by Plural Studios during the term of this Agreement and for one year thereafter. Artwork or sketch work kept for over one year after the termination of this Agreement will be destroyed unless claimed.
  • An approval to send an order to print is confirmation that you have reviewed the proofs/product completely, agree that all content in the proofs are correct, and hereby release Plural Studios from liability of any content errors that should be discovered after production begins. Proofing is an important step. Whether you have submitted your own artwork or Plural Studios does it for you, it is YOUR responsibility to check for any errors prior to printing. Please carefully check spelling, phone numbers, barcodes, fonts, placement and all other details.
  • Electronic proofs closely represent the image, colour and text placement, but is not the exact colour. This is due to your monitor’s colour settings being slightly different than that of the designers as well as the printer’s machinery. The colours of your proofs as they appear on your monitor, are only a close representation of the final printed piece. Your monitor uses a completely different system for displaying colours (RGB) to what is used in the print business CMYK or Pantone. colours may vary depending on your monitor’s brightness, contrast and colour adjustment settings. The image may appear larger or smaller than actual production size depending on the resolution of your monitor. Plural Studios cannot be responsible for variances in final printed colours.
  • To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. Plural Studios will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.
  • The Client 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 Client also agrees that Plural Studios holds no responsibility for any amendments made by any third party, before or after a design is published.
  • The Client shall indemnify Plural Studios in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Plural Studios alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by The Client.
  • Should Plural Studios need to travel on The Client’s business outside Gauteng but within South Africa and upon The Client’s request, Plural Studios shall be reimbursed. In the event that Plural Studios is required to travel outside of South Africa upon The Client’s request, Plural Studios shall be reimbursed.
  • Any design, copywriting, drawing, idea or code created for the customer by Plural Studios, or any of its contractors, is licensed for use by The Client and may not be modified, in any way or form without the express written consent of Plural Studios 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. Plural Studios will not be held responsible for any and all damages resulting from such claims. Plural Studios is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Plural Studios responsible for any such loss or damage. Any claim against Plural Studios shall be limited to the relevant fee(s) paid by the customer.
  • The Client agrees to Plural Studios definition of acceptable means of supplying data to the company. Text is to be supplied to Plural Studios in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or CD-ROM, or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Plural Studios via a memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Plural Studios will not be held responsible for any image quality which the client later deems to be unacceptable. Plural Studios 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.
  • Any indication given by Plural Studios of a design project’s duration is to be considered by The Client to be an estimation. Plural Studios 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 Plural Studios for the initial payment or by date confirmed in writing by Plural Studios.
  • Plural Studios considers the design project complete upon receipt of The Client review and formal approval. 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.
  • An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Plural Studios shall be considered entitled to remove Plural Studios and/or The Client 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, business cards, flyers, pamphlets, 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. Client’s whose accounts become default agree to pay Plural Studios reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
  • Once web design is complete, Plural Studios will provide The Client with the opportunity to review the resulting work. Plural Studios will make three sets 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 Plural Studios by e-mail. Plural Studios 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.
  • The Client agrees to allow Plural Studios 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 Client also agrees to allow Plural Studios 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 Plural Studios with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
  • Plural Studios cannot guarantee the availability of any domain name. Where Plural Studios 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.
  • Due to the infinite number of considerations that search engines use when determining a site’s ranking, Plural Studios cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
  • The Client agrees to allow Plural Studios to place a small credit on printed material exhibition displays, advertisements and/or a link to Plural Studios 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 Client also agrees to allow Plural Studios to place designs on Plural Studios own website and social media for demonstration purposes and to use any designs in its own publicity. This includes cancelled projects, and projects not been finalised within an 8-month period.
  • Plural Studios 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. Plural Studios also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Plural Studios does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Plural Studios to remove the contravention without hindrance, or penalty. Plural Studios is to be held in no way responsible for any such data being included.