Terms & Condtions

Graphic Design: Terms and Conditions

Last updated: November 13, 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.

1. Rights, Ownerships and Copyright:
1.1 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.
1.2 You must ensure that you have copyright of all and any art work you supply us that needs to be part of the design or project, or you must have written consent from the original owner that you have full permission to use any part of their work for your own commercial needs. If you have bought art work from a third-party supplier please ensure that you have commercial use rights for such art work. Under copyright law we are prohibited from using any art work that either us or you don’t have either commercial rights or permission to use in any design or project.
1.3 If you don’t have the necessary rights for supplied art work we will not use it in any design or project and will provide you with the necessary options.

2. Client Feedback:
2.1 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.
2.2 Flow of work will be as follow:
1. Client Request Work
2. First Draft
3. Client Request Changes (If required)
4. Final Draft
5. Client Approval

3. Third Party Contracts:
3.1 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: Photographers & Printers.
3.2 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.

4. Payment Schedule:
4.1 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 due to internal drafts draw up for your project and/or additional art work such as SVG/Vector images bought for your project. Please note this is a strict company policy please adhere to this to avoid any disappointment.

5. Revisions:
5.1 Unless otherwise otherwise stated all designs include 3 x free revision, thereafter a fee of R350 per hour will apply. We will notify you before we invoice for extra revisions.

6. File Formats:
6.1 Approved designs will be supplied to The Client in: PRINT READY JPEG, PNG & 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.
6.2 You the client are entitled to an editable version of your designs once it has been approved and paid in full.

7. Backup:
7.1 Grey Swan Designs (Pty) Ltd is not responsible for the backup of any final designs once
supplied to The Client.

8. Errors and Omissions:
8.1 We do proof read all designs before it is submitted to the client but the final proof reading before accepted any design as final remains the responsibility of the client. Grey Swan Designs (Pty) Ltd is not responsible for proofreading errors that may occur during the design process.
8.2 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.
8.3 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.

9. Deadlines:
9.1 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 be communicated to the client and adjusted accordingly.
9.2 Please allow 7 working days for first draft for basic logos and up to 14 working days depending on the scope of the project. One page designs such as letterheads, business cards, posters, flyers etc allow up to 7 working days depending on scope of the project. Multipage designs such as booklets, brochures, magazine layouts etc please allow up to 14 working days.

10. Rush Fees:
10.1 Within 7 business working days(if possible): 100% + original quoted price.
10.2 Within 3 business working days(if possible): 150% + original quoted price.

11. Force Majeure – Circumstances beyond our control:
11.1 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, loadshedding, 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.
11.2 Loadshedding has a detrimental effect on our time frames and during periods of loadshedding, either during and after, that our time frames will be negatively affected.
11.3 Other conditions that might arise due to loadshedding such as extended outages such as municipal equipment failure will also impact our timeframes and we take no responsibility in the negative effect this might have on project timelines.

12. Cancellation:
12.1 Any monies paid by the client will not be refunded in the event that the client cancels 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.
12.2 We reserve the right to cancel any project at our sole discretion. We will notify you 30 days in advance of our intention to cancel the project. If an agreement can’t be reached within 30 days the agreement of the project will be null and voided. We will however provide you with alternative options such as a different service provider.

13. Promotion:
13.1 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 on that assumption that you approve the use of designs for our promotional purposes.

14. Communication:
14,1 Grey Swan Designs (Pty) Ltd can be reached by telephone or email from Monday to Thursday between 9AM and 4PM and Friday 9AM – 2PM.
14.2 We are an online based company and all communication is done via electronic media. All meetings will be conducted via telephone or video calling. Meetings will be schedule with you in advance.

15. Confidentiality:
15.1 Your business needs and info are treated with confidentiality at all times. At no time is your project details shared with any other person or company outside of Grey Swan Design (Pty) Ltd. It remains your duty to inform us of any sensitive business information that can’t be shared once the project is completed such as designs shared on public platforms for our portfolio.
15.2 Any information shared by you are regarded as confidential and will not be shared with 3rd parties unless required by the law.

16. Commitment:
16.1 In order for us to provide you with a high level of service, 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 these goals, we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms.
16.2 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 those results, directly or indirectly, from Grey Swan Designs (Pty) Ltd.