Myrik Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Myrik Design. All work is carried out by Myrik Design on the understanding that the client has agreed to Myrik Design’s terms and conditions. Copyright is retained by Myrik Design 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 design is presented, only one solution is deemed to be given by Myrik Design as fulfilling the contract. All other designs remain the property of Myrik Design, unless agreed in writing that this arrangement has been changed.
Myrik Design abides by the International Chamber of Commerce (ICC) Code of Advertising and Marketing Communication Practice (2006 Edition) and shall furnish professional standards of skill, care, diligence and professional judgment in the performance of its obligations under this Agreement.
3. PROJECT ACCEPTANCE & CONFIRMATION
At the time of proposal, Myrik Design will provide the customer with a formal quotation. The Terms and Conditions can be read on Myrik Design’s website (https://myrikdesign.co.za/graphic-design-agreement). A copy of the quotation and contract is to be signed, digitally or otherwise, and dated by the customer to indicate acceptance and should be returned to Myrik Design. No work on a project will commence until either document has been received by Myrik Design.
The Client shall be responsible for any increases in Myrik Design’s 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 Myrik Design, 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 (10 Days) from the date of quotation.
5. DESIGN CHARGES AND PAYMENT
The total cost includes value added TAX. Charges for design services to be provided by Myrik Design, will be set out in the written estimate that is provided to The Client. At the time of the customer’s acceptance of this quotation, indicating acceptance of the Terms & Conditions, a deposit of 70% of the quoted fee will become immediately due. Work on the project will not commence until Myrik Design 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 Myrik Design, a Milestone payment of 15% will be required.
Should The Client have their account unpaid and/or outstanding for a period of 30 days, Myrik Design reserves the right to add an additional 10% late fee per month the payment is outstanding.
6. SUPPLY OF DESIGN ELEMENTS AND DATA
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.
7. PRELIMINARY WORK
All work carried out, whether experimentally or otherwise, at The Client’s request shall be deemed chargeable.
Unless specifically requested to the contrary, Myrik Design shall be entitled to sub-contract any work to any third parties as it thinks fit. Myrik Design shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by Myrik Design for completion of any job, for any reason outside the direct control of Myrik Design.
9. PERFORMANCE, DELIVERY OR COLLECTION
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 Myrik Design. 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 Myrik Design shall bear no liability. Myrik Design shall not be held liable for any delay in print production and late delivery thereof. Any packaging supplied by Myrik Design, 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, Myrik Design 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 Myrik Design be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
10. COPYRIGHTS AND TRADEMARKS
By supplying text, images and other data to Myrik Design 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 Myrik Design on behalf of the customer, will remain the property of Myrik Design and/or it’s suppliers. The customer may request in writing from Myrik Design, the necessary permission to use materials (for which Myrik Design holds the copyright) in forms other than for which it was originally supplied, and Myrik Design 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 Myrik Design, the customer grants Myrik Design permission to use this material freely in the pursuit of the design. Should Myrik Design, 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 Myrik Design to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Myrik Design 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 Myrik Design will remain property of Myrik Design.
Myrik Design will attempt to ensure that only royalty free images are used in custom designs. It is agreed that Myrik Design, 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. Myrik Design agrees to hold on behalf of The Client finished artwork or sketch work that has been created by Myrik Design or used by Myrik Design in furtherance of this Agreement and accept responsibility for any damage or loss of such artwork and sketch work held by Myrik Design during the term of this Agreement and for three months thereafter. Artwork or sketch work kept for over three months after the termination of this Agreement will be destroyed unless claimed.
13. PROOFING OF FINAL PROJECT
To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. Myrik Design 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 Myrik Design holds no responsibility for any amendments made by any third party, before or after a design is published.
The Client shall indemnify Myrik Design in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Myrik Design 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 Myrik Design need to travel on The Client’s business outside Gauteng but within South Africa and upon The Client’s request, Myrik Design shall be reimbursed at a “per diem” expense per person travelling of ZAR 2,000 (ex VAT). In the event that Myrik Design is required to travel outside of South Africa upon The Client’s request, Myrik Design shall be reimbursed at a “per diem” expense per person travelling of USD 450 (ex VAT).
Any design, copywriting, drawing, idea or code created for the customer by Myrik Design, 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 Myrik Design and any of its relevant sub-contractors. All design work where there is a risk that another party makes 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. Myrik Design will not be held responsible for any and all damages resulting from such claims. Myrik Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Myrik Design responsible for any such loss or damage. Any claim against Myrik Design shall be limited to the relevant fee(s) paid by the customer.
18. DATA FORMATS
The Client agrees to Myrik Design’s definition of acceptable means of supplying data to the company. Text is to be supplied to Myrik Design in electronic format as standard text (.txt), MS Word (.doc) on a memory stick or via e-mail. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Myrik Design via a memory stick or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Myrik Design will not be held responsible for any image quality which the client later deems to be unacceptable. Myrik Design 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.
19. DESIGN PROJECT DURATION
Any indication given by Myrik Design of a design project’s duration is to be considered by The Client to be an estimation. Myrik Design 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 Myrik Design for the initial payment or by date confirmed in writing by Myrik Design.
20. DESIGN PROJECT COMPLETION
Myrik Design considers the design project complete upon receipt of The Client formal approval and final payment. 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. Myrik Design shall be considered entitled to remove Myrik Design 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 Myrik Design reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
22. KIDS’ PRIVACY
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
23. DESIGN CREDITS
The Client agrees to allow Myrik Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Myrik Design’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 Client also agrees to allow Myrik Design to place designs on Myrik Design’s 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.
24. CONFIDENTIALITY AND EXCLUSIVITY
It is Myrik Design’s duty not to disclose any confidential information of The Client during or after Myrik Design’s appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain. The Client acknowledges that it is Myrik Design’s right to use any general marketing and advertising intelligence, which Myrik Design has gained during this appointment. The Client views any breach by Myrik Design of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief. Myrik Design agrees not to work with any competitive business without the prior consent of The Client.
25. RIGHTS OF REFUSAL
Myrik Design 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. Myrik Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Myrik Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Myrik Design to remove the contravention without hindrance, or penalty. Myrik Design is to be held in no way responsible for any such data being included.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Myrik Design’s dues from the last date of the notice period. Any cancellation must be in writing and must be sent or delivered to Myrik Design and shall be deemed effective only as at the date received by Myrik Design. These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials and all other works and material prepared or acquired by Myrik Design will be assigned and given to The Client after termination of contract and settlement of all payments to Myrik Design due for services actually performed, and subject to the terms of any license or permission pursuant to which Myrik Design may have obtained the use of such material and to such material being in the public domain.
27. SOUTH AFRICAN LAW
This Contract and any other matters concerning the relationship between Myrik Design and The Client shall be governed by and construed in accordance with the Law of South Africa.
Any dispute that might arise between the Parties shall be finally settled by the competent courts in South Africa.
29. Myrik Design STAFF
The Client agrees not to employ Myrik Design’s personnel during the tenure of the contract and for a subsequent period of two years from the date of its termination.
Myrik Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Myrik Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Myrik Design 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 customer agrees not to hold Myrik Design responsible for any such loss or damage. Any claim against Myrik Design shall be limited to the relevant fee(s) paid by The Client.
Myrik Design 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. Myrik Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Myrik Design 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. Myrik Design 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.