The below Design Terms and Conditions are binding on both Graphic Design and Web Design and Development.
Ndiyahosta (Pty) Ltd agrees to design Project Materials at the request of the client for the quoted fee and agreed on in advance and delivery of the Project Material by an agreed deadline. Ndiyahosta (Pty) Ltd agrees be the sole author of the Project Material, which will be original work and free of plagiarism. Ndiyahosta (Pty) Ltd will cooperate with Client in editing and otherwise reviewing the Project Material prior to completion.
Ndiyahosta (Pty) Ltd acknowledges that he may receive or have access 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. Ndiyahosta (Pty) Ltd agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Ndiyahosta (Pty) Ltd before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Ndiyahosta (Pty) Ltd can display materials and final work created for Client on the Ndiyahosta (Pty) Ltd portfolio.
Client agrees to pay Ndiyahosta (Pty) Ltd 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, Ndiyahosta (Pty) Ltd will inform Client and they can renegotiate the Project’s cost. Ndiyahosta (Pty) Ltd is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the client as an independent contractor. The Client will not treat Ndiyahosta (Pty) Ltd as an employee for any purpose. The 50% deposit rule excludes Domain Registration and Hosting fees which are payable in full upfront.
4. CLIENT APPROVAL
Upon acceptance of the Project, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Ndiyahosta (Pty) Ltd is not responsible for errors occurring in this work or projects related to this work after acceptance of the Project by the Client.
Both parties understand that Client or Ndiyahosta (Pty) Ltd may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, 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 Ndiyahosta (Pty) Ltd. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Ndiyahosta (Pty) Ltd retains ownership of all copyrights and original work created.
6. ACCEPTANCE OF TERMS
Client promises to pay for the services rendered by Ndiyahosta (Pty) Ltd for the Project as agreed upon. By paying for the initial 50% deposit, Client agrees they have read, understood, and are considered legally bonded to these terms.