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Terms & Conditions

In short….

  • acceptance of the proposal and estimate indicates acceptance of our terms and conditions, which are freely available at www.purplestickystar.com.

  • our standard terms of payment are 50% before commencement (non-refundable) and 50% due on delivery of material to client (i.e. final sign off or approval).

  • if the client cancels the project after go ahead, then they will be liable for payment of any additional work completed by that cancellation date.

  • additional items not specified in the proposal will be discussed with client and the additional fees will be agreed by both parties before proceeding. 

  • this is an estimate based on the brief received - changes to the brief, or fluctuation in scope, could result in a revised cost estimate.

  • this quote includes 2 debriefs during the process of the project - after this point further creative evolvements will be charged (time thereof to be agreed prior to commencement of work).

  • acceptance of the proposal and estimate indicates acceptance of the costs and provides approval for the project to proceed.

  • copyright in respect of work commissioned will remain the property of Hester Scholtz until such time as the full cost thereof has been paid by the client.

  • invoice terms are strictly 30 days from date of invoice.

  • the cost estimate is based on the assumption that all visuals and content in digital format will be provided to Hester Scholtz, where required.

  • costs are valid for 30 days from date of proposal.

  • client will be responsible for payment and cover of any copyright attached to content used by Hester Scholtz in the production and creative process of its work (unless otherwise agreed in writing). 

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Terms & Conditions

  • The following Terms and Conditions of Service apply to all products and services provided by Hester Scholtz  and in the event of any dispute are governed by the laws of South Africa.

  • All work is carried out by Hester Scholtz on the understanding that the Client has agreed to our terms and conditions.

  • Copyright is retained by Hester Scholtz 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 Hester Scholtz, unless specifically agreed in writing.

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Project Acceptance

  • At the time of Proposal, Hester Scholtz will provide the Client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on Hester Scholtz’ website – www.purplestickystar.com.

  • A copy of the written estimate or quotation is to be signed and dated by the Client to indicate acceptance and should be returned to Hester Scholtz.

  • 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.

  • For the avoidance of doubt, Hester Scholtz’ Terms & Conditions are what govern the job, not any conditions on the Client’s purchase order.

 

Design Charges

  • Charges for design services to be provided by Hester Scholtz will be set out in the written estimate or quotation that is provided to the Client. At the time of the Client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% 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 fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

  • The Client is entitled to two (2) free debriefs during each major phase of the project, on condition that it falls within the scope of work of the project as set out in the Proposal. After this point further creative evolvements will be charged (time thereof to be agreed prior to commencement of work).

 

Hourly Contracts 

  • In the instance of an hourly agreement, the Client agrees to pay for work done based on an hourly fee.  Depending on the service, a set fee will be charged per hour. This fee will be agreed upon before commencement of the project.

  • All time spent on the project will be logged on a timesheet and will be available for the Client to review if necessary. 

  • Hours billed will be based on the timesheet. 

  • If the Client cancels the project after go ahead, then they will be liable for payment of any work completed by that cancellation date. 

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Source Files

  • Hester Scholtz 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, fla 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.

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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

  • The Client will be provided with an Approval Form or Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form or signify approval by email to Hester Scholtz.

  • Any invoice queries must be submitted by email within 14 days of the invoice date.

  • Interest on past due balances is 18% per annum or 1.5% per month. We reserve the right to refuse completion or delivery of work until past due balances are paid.

  • Payments may be made by online transfer or PayPal.

  • Publication and/or release of work done by Hester Scholtz on behalf of the Client, may not take place before cleared funds have been received.

 

Default

  • An account shall be considered default if it remains unpaid for 30 days from the date of invoice. 

  • Clients whose accounts become default agree to pay all Hester Scholtz‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

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Copyrights and Trademarks

  • By supplying text, images and other data to Hester Scholtz for inclusion in the Client’s project on any medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

  • Any artwork, images, or text supplied and/or designed by Hester Scholtz on behalf of the Client, will remain the property of Hester Scholtz and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the Client solely for the project defined in the scope or request and not for any other purpose.

  • The Client may request in writing from Hester Scholtz, the necessary permission to use materials (for which Hester Scholtz holds the copyright) in forms other than for which it was originally supplied, and Hester Scholtz may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

  • 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 licence fees or fees for upgrades are the responsibility of the Client, not Hester Scholtz.

  • By supplying images, text, or any other data to Hester Scholtz, the Client grants Hester Scholtz permission to use this material freely in the pursuit of the design.

  • Should Hester Scholtz, or the Client 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 Client will agree to allow Hester Scholtz to remove and/or replace the file on the site.

  • The Client agrees to fully indemnify and hold Hester Scholtz free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

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Alterations

  • The Client 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 Client also agrees that Hester Scholtz holds no responsibility for any amendments made by any third party, before or after a design is published.

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Licensing

  • Any design, copywriting, drawing, idea or code created for the Client by Hester Scholtz, 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 Hester Scholtz 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.

  • Hester Scholtz will not be held responsible for any and all damages resulting from such claims.

  • Hester Scholtz is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Hester Scholtz responsible for any such loss or damage.

  • Any claim against Hester Scholtz shall be limited to the relevant fee(s) paid by the Client.

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Data Formats

  • The Client agrees to Hester Scholtz’s definition of acceptable means of supplying data to the company.

  • Text is to be supplied to Hester Scholtz in electronic format as standard text (.txt), MS Word (.docx) 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 Hester Scholtz via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Hester Scholtz will not be held responsible for any image quality which the Client later deems to be unacceptable.

  • Hester Scholtz 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, colour correction and alteration of images.

 

Client Responsibilities:

  • Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

    • coordination of any decision-making with parties other than Hester Scholtz;

    • provision of Client content in a form suitable for reproduction or incorporation into the deliverables without further preparation, unless otherwise expressly provided in the Proposal;

    • final proofreading and in the event that Client has approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors ; and

    • ensuring that all information and claims comprising Client content are accurate, legal and conform to applicable standards in Client’s industry.

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Design Project Duration

  • Any indication given by Hester Scholtz of a design project’s duration is to be considered by the Client to be an estimation. Hester Scholtz 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 Hester Scholtz for the initial payment or by date confirmed in writing by Hester Scholtz.

  • The Client agrees to supply Hester Scholtz with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

  • Hester Scholtz will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, 

    • approve the Deliverables in writing or 

    • provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Hester Scholtz. 

  • Hester Scholtz shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Hester Scholtz’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Hester Scholtz’s obligations under this Agreement. 

 

Confidential Information

  • Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). 

  • Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

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Design Project Completion

  • Hester Scholtz considers the design project complete upon receipt of the Client’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the Client’s behalf constitute a separate project and can be treated as a separate charge.

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Design Credits

  • The Client agrees to allow Hester Scholtz to place a small credit on printed material exhibition displays, advertisements and/or a link to Hester Scholtz own website on the Client’s website. 

  • The Client also agrees to allow Hester Scholtz to place websites and other designs, along with a link to the Client’s site on Hester Scholtz’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

 

Rights of Refusal

  • Hester Scholtz 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. Hester Scholtz also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Hester Scholtz does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow Hester Scholtz to remove the contravention without hindrance, or penalty. Hester Scholtz is to be held in no way responsible for any such data being included.

 

Cancellation

  • Cancellation of orders must be made in writing to Hester Scholtz. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. 

 

Disclaimer

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

  • Hester Scholtz 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. Hester Scholtz will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

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General

  • These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Hester Scholtz reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

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Acceptance of Terms and Conditions and Quotation

  • The placement of an order for design and/or any other services offered by Hester Scholtz, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.purplestickystar.com.

  • An estimate validated by the Client’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 Hester Scholtz.

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