Graphic Design: Terms and Conditions
Last updated: June 1, 2022
Throughout the site, the terms “we”, “us” and “our” refer to Grey Swan Designs (Pty) Ltd. Any term “you”, “The Client”, “Client”, “Our Clients” refers to anyone or entity that makes use of our services.
At Grey Swan Designs (Pty) Ltd we are proud to say we design awesome stuff. We are committed to excellence and because client satisfaction is one of our top priorities, we respond to our Clients creative needs, by offering innovative designs, friendly service and a personal experience. The following terms have been tailored throughout years of design experience to protect both The Client and Grey Swan Designs (Pty) Ltd during a working relationship, built on trust.
Rights and Ownerships:
The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of Grey Swan Designs (Pty) Ltd, until fully paid for. No artwork will be supplied without full payment.
The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Grey Swan Designs (Pty) Ltd. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design. Any changes made to designs by the client, after signoff will be quoted separately and changes will only be applied once paid in full by the client.
Flow of work will be as follow:
- First Draft
- Final Draft
- Client Approval
Third Party Contracts:
Grey Swan Designs (Pty) Ltd are not responsible for contracting other creative professionals to provide services that are not offered by Grey Swan Designs (Pty) Ltd. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date. References for such services can be supplied by Grey Swan Designs (Pty) Ltd built on previous trust and successful projects with suppliers.
Third Parties to consider:
Grey Swan Designs (Pty) Ltd cannot be held responsible for any loss or damages occurring
after final sent through of artwork to supplier! Please check final artwork and require proof
prints through suppliers before commencing with projects. Cost of third party suppliers will
remain the responsibility of the client.
Because a lot of time, effort and dedication go into providing The Client with the perfect
design. The project will only be scheduled once full payment is received by Grey Swan Designs (Pty) Ltd. The payment is non-refundable. Please note this is a strict company policy please adhere to this to avoid any disappointment.
All projects include revisions as stated in these terms and conditions, and on quotes. Should extra revision rounds be required a separate quotation may be given depending on the scope of the revisions required. Grey Swan Designs (Pty) Ltd cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that Grey Swan Designs (Pty) Ltd estimate they’ll need to accomplish everything as requested by The Client. The Client must assume that, after approval, all additions, alterations, changes in content, and layout by The Client, will affect the time and cost. If major changes are requested after approval the project time for completion will also be adjusted.
Approved designs will be supplied to The Client in: PRINT READY JPEG & PDF. Grey Swan Designs (Pty) Ltd does not except any liability in the event of any editing of artwork by the client after it was supplied by Grey Swan Designs (Pty) Ltd.
Grey Swan Designs (Pty) Ltd is not responsible for the backup of any final designs once
supplied to The Client as stated above.
Errors and Omissions:
Grey Swan Designs (Pty) Ltd is not responsible for proofreading any designs. The Client is
responsible to check proofs and other designs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Grey Swan Designs (Pty) Ltd is not liable for errors or omissions. The Clients’ signature or approval e-mail, or that of the authorised representative is required on all artwork prior to delivery of designs or other implementation.
Grey Swan Designs (Pty) Ltd loves deadlines and we strive to complete all work before the deadline. In order for us to do this for you, however, it is important that you provide us with the requested info to complete projects on time. We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting us content for your designs in a timely manner, especially before any design can begin. Delays in approvals will directly affect the project schedule, requiring us moving deadlines back accordingly. By signing this document or accepting any invoice/quote you acknowledge your responsibilities in keeping the project on schedule. By the same token, in the unlikely event we miss one of our deadlines, the adjusted timeline will communicated to the client and adjusted accordingly. Please allow 7 – 10 working days for designs.
Force Majeure – Circumstances beyond our control:
We shall not be liable to you for any breach, hindrance and/or delay in the performance of a
Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitations suppliers, government, quasi-governmental, supra-national, local authorities and/or hackers), insurrection, riot, civil commotion war, hostilities, war like operations, national emergencies, terrorism, arrests, piracy, restraints or detainments of any competent authority, strikes or combinations or exclusion of work labor, epidemic, pandemic, load-shedding, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, pandemics, load shedding, failure or problems public utility supplies (including electrical, telecoms and/or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (”Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Any monies paid by the client will not be refunded in the event that the client cancel a project after work on such project has commenced. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project may be cancelled by Grey Swan Designs (Pty) Ltd. Thereupon, Grey Swan Designs (Pty) Ltd can choose to cease further work on the project.
Grey Swan Designs (Pty) Ltd has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only. Should you wish not to have your designs used for promotion, written consent is needed whereby all digital designs will be removed from social media or any other electronic media. If no written consent is received within 30 days from completion of work, we will proceed.
Grey Swan Designs (Pty) Ltd can be reached by telephone or email from Monday to Thursday between 9AM and 4PM and Friday 9AM – 2PM. We are an online based company and most communication is done via electronic media. Should you require a meeting (within our geographical area of the West Coast, Western Cape), please note that we have strict deadlines and the dates for such an appointment may be scheduled. Our availability for meetings can be affected by events as listed under our Force Majeure – Circumstances beyond our control section.
The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential. If no such info is received we will proceed with project.
In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring Grey Swan Designs (Pty) Ltd you’ve enlisted our expertise at how best to accomplish the goals that you and our team have defined. In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms. You agree to defend, indemnify, save and hold harmless, Grey Swan Designs (Pty) Ltd and its officers, directors, agents, affiliates, and employees from any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney fees arising from or in any way relating to or arising out of any damage or loss of any nature whatsoever that results, directly or indirectly, from Grey Swan Designs (Pty) Ltd.