REBIRTH VISUALIZATION (PTY) LTD (2018/262921/07)

Terms & Conditions of Service

The following terms and conditions apply to all 2D & 3D design / website development services provided by Rebirth Visualization (PTY) Ltd to the Client.

Acceptance

If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Graphic Design

• Graphic design services are quoted on a per hour basis – R 400.00 per hour.
• A maximum of 2 design concepts will be prepared based on a set brief for the price quoted, thereafter an hourly rate applies.
• A total of 2 design revisions are included in the cost estimate total, the price is subject to change if the amount of revisions stated allowed is exceeded.
• A concept draft will be supplied for approval of concept before any final designs are prepared, based on written approval. All changes to be supplied in writing within 1 week or otherwise agreed upon timeline.
• All concepts & designs created by Rebirth Visualization (PTY) Ltd remains the proper ty of Rebirth Visualization (PTY) Ltd and may not be used or copied in any way until invoice is settled in full.
• At the time of the client’s 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.

Web Design

• Rebirth Visualization (PTY) may register domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Rebirth Visualization (PTY) Ltd.
• All text and images are expected to be supplied before work begins, unless by prior negotiation or if using Rebirth Visualization (PTY) Ltd copywriting and stock image services.
• Unless otherwise negotiated or Rebirth Visualization’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used.
• Supplied text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Rebirth Visualization (PTY) Ltd assumes all written content adheres to copyright laws.
• Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). Rebirth Visualization (PTY) Ltd assumes that all correct permissions have been sought and/or royalties paid for images used.
• SEO work is governed by many factors which are outside the direct control of Rebirth Visualization (PTY) Ltd and indeed, any other SEO company. Therefore no reputable SEO company can guarantee particular results. Rebirth Visualization (PTY) Ltd however guarantees improvement provided in a client’s website organic search engine results provided all of Rebirth
Visualization (PTY) Ltd advice is followed. SEO process takes at least 1-3 months to show some significant effect. Please note that at times achieving stable high rankings can require major investment.
• For website admin sections, 1 week will be provided after written instructions have been forwarded for the client to test and request any changes. Please note that changes provided at no charge can only be made only as per project spec quoted on. Once this period has lapsed any changes will be quoted upon.
• For front-end of websites, 2 set of changes will be implemented free of charge. These changes need to occur within 2 week of the final website being viewed. Please note that changes provided at no charge can only be made only as per project spec quoted on. Once this period has lapsed any changes will be quoted upon.

Amendments

• All clients are provided with 1 set of major and 2 minor design changes which is included in our pricing, thereafter amendments are charged at the quoted hourly rate for the relevant service.

3D Design / Rendering / Animation

• All 3D design services are quoted on a per hour basis of between – R 350.00 to R650 per hour, as per agreed price on estimate – project specific.
• A maximum of 2 design concept drafts will be presented based on a set brief for the price quoted, thereafter an hourly rate applies, unless otherwise agreed by both parties.
• A concept draft will be supplied for approval of concept before any final designs are prepared, based on written approval. All changes to be supplied in writing within 1 week or otherwise agreed upon timeline.
• A total of 2 design revisions per approved design draft are included in the cost estimate total, the price is subject to change if the amount of revisions stated allowed is exceeded.
• All concepts & designs created by Rebirth Visualization (PTY) Ltd remains the proper ty of Rebir th Visualization (PTY) Ltd and may not be used or copied in any way until invoice is settled in full.
• At the time of the client’s 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.
• If multiple design concepts are submitted, only one concept is deemed to be given by Rebir th Visualization (PTY) Ltd as fulfilling the contract. All other artwork designs remain the property of Rebir th Visualization (PTY) Ltd, unless agreed otherwise in writing.
• Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
• Rebirth Visualization (PTY) Ltd acknowledges the confidential nature of projects and agrees to only display project work once products/site has been publicly launched/commences, at the discretion of the client.

Supplied Artwork

• We will require your logo artwork for designs. Please note that this is not a jpeg but the vector artwork files. Should it be necessary to DTP the logo, we will quote for this accordingly.
• Any print designs that are supplied to Rebirth Visualization (PTY) Ltd will need to be provided as CMYK vector artwork. Should you not have this available, we will need to provide a quote to DTP the design in order to create the required artwork. Please note that neither a JPG nor an MS Office document is acceptable artwork for print purposes.
• Rebirth Visualization (PTY) Ltd holds the right to reject incorect artwork, and will not be held responsible for any delays in agreed delivery dates in such a case.
• It is the responsibility of the Client that all materials (including, but not limited to images, diagrams, logos, videos, data, as well as intellectual property in other media) supplied to Rebirth Visualization (PTY) Ltd by the client will have the relevant copyrights, licenses and permissions for use in the commissioned project. Rebirth Visualization (PTY) Ltd will not accept responsibility/liability for infringements caused by any wrongly supplied materials.
• It is the Client’s responsibility to ensure that any artwork, images, files and text submitted does not violate South African copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

Printing & Print Design Approval

• While Rebirth Visualization (PTY) Ltd takes all care to avoid errors, The Company accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production.
• It is the “Client” responsibility to proof read and approve all final copy before the production of artwork.No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
• It is agreed that the Rebirth Visualization (PTY) Ltd is not responsible or held liable for any errors contained in the final product / design after the final product /design has been approved by the client, (approval may be given in writing), committed to print or posted in view of the public.
• In the event of a need to reprint due to errors in content, the client must inform Rebirth Visualization (PTY) Ltd within 5 days of product acceptance, and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
• As with all print projects, payment for re-printed project MUST be prepaid.
• With all printing there may be some colour variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Rebirth Visualization (PTY) Ltd.

Copywriting

• Copywriting is quoted on a per hour basis – R 645.00 per hour.
• One draft of copy will be written for the client based on a set brief and one set of amends is included in our quoted price. Additional amends will be billed at
an hourly rate. Note: an amend is not a complete rewrite of copy!

Photographs & Stock Photography

• All photographs utilized if purchased from Istock are for the client’s account, i.e. R80 to R160 per credit (dependent on exchange rate fluctuations.). Photographs purchased will be supplied to the client to keep on file.
• Should Rebirth Visualization (PTY) Ltd be required to search for photographs this would be quoted for, alternatively the client may source pictures and provide us with the number to download should they wish to conserve funds. Downloaded photographs will also be supplied to the client along with artwork to keep on file.
• Please note that all photographs supplied by the client that require cutting out or enhancements would need to be quoted upon separately.
• Should clients wish to utilize their own photographs clients will need to provide us with their preferred photographs and indicate which page the photograph/s must appear. For large quantities of photographs this would need to be supplied on a disk or We Transfer in the requisite resolution – 300dpi as a JPG / TIFF / PSD image.

Copyright

• Rebirth Visualization (PTY) Ltd retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client.
• Unused concepts remain the property of Rebirth Visualization (PTY) Ltd. Rebirth Visualization (PTY) Ltd may still use paid-for concepts in its promotional materials and in its design portfolio, at discretion of client.
• Unless the client requests otherwise, Rebirth Visualization (PTY) Ltd retains the right to display a small byline claiming design credit on works it
produces, except for corporate stationery.
• This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Rebirth Visualization (PTY) Ltd retains ownership of all artwork and website architecture.
• Rebirth Visualization (PTY) Ltd reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes and other non exclusive items.
• Rebirth Visualization (PTY) Ltd reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
• Other than for the promotional use of Rebirth Visualization (PTY) Ltd all services provided shall be for the exclusive use of the client’s said purposes only.

Termination policy

• From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Rebirth Visualization (PTY) Ltd. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs.
• If the project is more than 50% completed (this is determined by Rebirth Visualization (PTY) Ltd and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of R450 per hour.
• If a project is cancelled by Rebirth Visualization (PTY) Ltd, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
• In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Rebirth Visualization (PTY) Ltd.

Amendments to these Terms and Conditions

• Terms and Conditions may be changed at any time without prior notice to its clients. Notification will be sent to all clients at the time of the Terms and Conditions alterations.

Confidentiality

• It is agreed that employees of “Rebirth Visualization (PTY) Ltd” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
• “Rebirth Visualization (PTY) Ltd” agree to abide by terms outlined in any additional confidentiality documents supplied by the client and signed by “Rebirth Visualization (PTY) Ltd”

Late payments & Default

• Accounts which are not paid within 14 days from completion of project and invoice, will incur a late administration fee of R450.
• Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding.
• An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by “Rebirth Visualization (PTY) Ltd”, unless prior arrangements have been made.
•“Rebirth Visualization (PTY) Ltd” shall at it’s sole discretion suspend any and all services provided to the client by “Rebirth Visualization (PTY) Ltd” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid.
• This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
• Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
• “The Client” whose account is in default agree to pay “Rebirth Visualization (PTY) Ltd” reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
• “Rebirth Visualization (PTY) Ltd” retains all copyright for work performed until full project costs have been paid. “Rebirth Visualization (PTY) Ltd” reserves the right to reuse or resell work undertaken in the case of payment default.
• “Rebirth Visualization (PTY) Ltd ” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases

Payment

• Clients are required to pay a 50% deposit and the balance payable on completion of agreed parts of the project as these are completed. In instances where the project is held up due to client delays Rebirth Visualization (PTY) Ltd can invoice the client for work completed to date.
• Payment of the 50% deposit means that you accept the terms and conditions.
• Balance amounts for websites must be paid after sign-off of the website which is view-able on our testing area. Thereafter the site will be made live on your domain.
• In all circumstances the 50% deposit will be retained by Rebirth Visualization (PTY) Ltd
• Payment is strictly COD (cash on delivery), i.e. 14 days from date of the invoice. Rebirth Visualization (PTY) Ltd reserves the right to charge interest for late payments as per above mentioned rates for late payments / default. This applies to monthly/retained services as well as ad-hoc services delivered.

Download in PDF format:

Rebirth Visualization (PTY) Ltd Terms & Conditions (2018)
Rebirth Service Offerings