The following Terms and Conditions of Service apply to all products and services provided by Isographics.
All work is carried out by Isographics on the understanding that the client has agreed to Isographics's terms and conditions.
Copyright is retained by Isographics 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 Isographics as fulfilling the contract. All other designs remain the property of Isographics, unless agreed in writing that this arrangement has been changed.
At the time of proposal, Isographics will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on Isographics' website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Isographics. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Isographics' terms and conditions.
Charges for design services to be provided by Isographics, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed or acknowledged acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Isographics has received this amount.
Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Approval Form and/or Review of the work provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and submit the Approval Form to Isographics.
Payments may be made by cash or EFT only.
Publication and/or release of work done by Isographics on behalf of the client, may not take place before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Isographics shall be considered entitled to remove Isographics and/or the customer's 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 it's obligation to pay the due amount. Customers whose accounts become default agree to pay Isographics reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Isographics for inclusion in the customer'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 Isographics on behalf of the customer, will remain the property of Isographics and/or it's suppliers.
The customer may request in writing from Isographics, the necessary permission to use materials (for which Isographics holds the copyright) in forms other than for which it was originally supplied, and Isographics 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 Isographics, the customer grants Isographics permission to use this material freely in the pursuit of the design.
Should Isographics, 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 Isographics to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Isographics 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.
The customer 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 customer also agrees that Isographics holds no responsibility for any amendments made by any third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by Isographics, 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 Isographics and any of it's 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. Isographics will not be held responsible for any and all damages resulting from such claims. Isographics is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Isographics responsible for any such loss or damage. Any claim against Isographics shall be limited to the relevant fee(s) paid by the customer.
The client agrees to Isographics's definition of acceptable means of supplying data to the company.
Text is to be supplied to Isographics in electronic format as standard text (.txt), MS Word (.doc), or CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Isographics via Flash drives, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Isographics will not be held responsible for any image quality which the client later deems to be unacceptable. Isographics 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.
Design Project Duration
Any indication given by Isographics of a design project's duration is to be considered by the customer to be an estimation. Isographics 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 Isographics for the initial payment or by date confirmed in writing by Isographics.
Design Project Completion
Isographics considers the design project complete upon receipt of the customer's Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Rights of Access for Website Construction
The client agrees to allow Isographics all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Isographics access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Isographics with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Website Copyright & Credit
The copyright for your site is transferred to you upon delivery. The site design must be kept intact and not altered after installation. If you want to make changes to your design after installation, contact us. Another designer may not make changes to the custom theme design without express permission from Isographics. If you choose to remove any portion of the design, you must remove the complete design and use a new WordPress theme or entirely custom design. You may not continue to use a premium theme provided as part of our design.
You may provide your own photos or stock images for use in your design. If you choose stock images, you are responsible for compliance with license/photography copyrights. We are not liable for photos or design elements you provide. The Isographics credit must be kept in the footer as long as you are using the design.
Website Design Only
Once web design is complete, Isographics will provide the customer with the opportunity to review the resulting work. Isographics will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Isographics by e-mail.
Isographics will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Website Protection and Security
While Isographics attempts to bring you the highest quality service possible, we are unable to guarantee the integrity of any data stored or transmitted VIA the internet or through our systems. Isographics is not liable for any claims of damage or loss caused by the loss of data, password compromises, or the hacking of your website. You are solely responsible for keeping your site up to date and backed up. (Note: Your hosting provider should keep daily backups of your site files, but may not backup the database).
We do offer maintenance packages where we do all that we can to keep your site secure and protected, but even then we cannot make any guarantees. WordPress is often vulnerable to hackers and that is something that is entirely out of our control.
If in the event the WordPress site we design or update for you DOES get hacked into, we offer a service to contact your hosting provider and pinpointing the exact problem and getting it restored again – but keep in mind that there are charges for this service. Our hourly rate is R220 per hour.
Isographics does not offer in-house hosting services. Isographics can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Isographics may request that clients change the type of hosting account used if that account is deemed by Isographics to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Isographics are not liable for their payment.
Isographics cannot guarantee the availability of any domain name. Where Isographics is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, Isographics cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Usernames & Passwords
You are responsible for supplying your usernames and passwords for WordPress access, FTP access, hosting (if necessary), and domain name registration (if necessary). We will protect all usernames and passwords to the best of our ability, but for your added protection, we suggest that you change your passwords after the design process is completed.
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.
We use email as our main means of communication. We like to use the email correspondence as reference when we are able to begin working on a project. This helps us to keep things in order and to keep track of project details and answers to the many questions that we usually have for clients. But you don't have to worry, We are known to respond right away (usually that day or at least within 24 hours).
We will be communicating with you often during the design process. We will need specific feedback and your approval to continue the work. Responding to our questions in a timely manner will allow your design to progress. Regular communication is critical to the design of your project and those in line behind you. Failure to communicate with us about the design process for a period of 72 hours (whether expectedly or unexpectedly), will result in your project being placed on hold and moved to the end of our current queue. If the design schedule allows, you may pay an additional 25% of the current cost of the project to reschedule at the top of the waiting list. Should you fail to provide necessary files or pieces of information within 10 days of the date requested, all payments will be forfeited to Isographics and the project will be cancelled without notice.
The customer agrees to allow Isographics to place a small credit on printed material exhibition displays, advertisements and/or a link to Isographics' 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 customer also agrees to allow Isographics to place websites and other designs, along with a link to the client's site on Isographics' own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Isographics 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. Isographics also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Isographics does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Isographics to remove the contravention without hindrance, or penalty. Isographics is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail. 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. Please note: any cancellation which is not formally confirmed in writing and received by Isographics within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Isographics makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Isographics will not be held responsible for any and all damages resulting from products and/or services it supplies. Isographics 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 Isographics responsible for any such loss or damage. Any claim against Isographics shall be limited to the relevant fee(s) paid by the customer.
Isographics 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. Isographics will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Isographics 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. Isographics 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.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Isographics reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Isographics and validated by the customer's signature on the estimate or quotation form, 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 Isographics.
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