Terms & Conditions Agreement
At dearSquid Digital Design Studio, we take pride in crafting exceptional designs. Committed to excellence, we prioritize client satisfaction by addressing their creative needs with innovative designs, friendly service, and a personalized experience. Our Terms & Conditions reflect years of experience, designed to safeguard both our clients and our company. We believe that trust is the foundation of a strong relationship.
Please note that our Terms & Conditions Agreements are subject to updates. Always ensure you review the latest Terms & Conditions outlined below before submitting a deposit for a project.
The client acknowledges that they will not sign a printed trust agreement unless requested in writing. However, by submitting the deposit for the project, they agree to abide by the following Terms & Conditions.
Design Terms & Conditions
Rights and Ownership:
Upon full payment of the agreed fee, the client shall possess complete ownership of all final artwork produced during the project. Until the agreed fee is fully paid, all projects remain the property of dearSquid Digital Design Studio. No documentation will be provided without full payment. Proof of payment will only be recognized once funds are received and cleared in dearSquid Digital Design Studio’s bank account.
The client is responsible for registering designs for copyright, trademark, or intellectual property at their own expense if they wish to protect a logo, brand, or content.
No graphic design, logo, business cards, publication materials, marketing materials, web designs, content, or intellectual property will automatically receive copyright or trademark protection.
If any aspect of the client’s brand, design, logo, or intellectual property has already been copyrighted or trademarked by another individual or entity, the client is responsible for the costs associated with modifying the artwork. dearSquid Digital Design Studio and its staff cannot be held liable for any name or brand that has been copyrighted by another party. It is the client’s responsibility to ensure that the names, brands, or elements they wish to use do not infringe on any copyrights.
By submitting a deposit for the project to design a brand or graphic element, you acknowledge that you comprehend the contents of this document and affirm that you are not infringing on anyone else’s concepts, copyrights, intellectual property, or trademarks.
Client Feedback:
The client is expected to provide initial feedback regarding how well the proposed designs align with their overall requirements and expectations. They should choose the design approach that best aligns with their needs and compile a list of any specific points for discussion or potential revisions, if necessary, to be communicated to dearSquid Graphic Design Studio.
Clients are encouraged to merge elements from different design options to create a unified final look during the revision phase. The client will then approve or sign off on the final design approach.
Third Party Contracts:
dearSquid Digital Design Studio does not assume responsibility for engaging other creative professionals to provide services not offered by dearSquid Digital Design Studio.
No project will begin with the presumption that third-party services will be necessary for its completion. Such arrangements will be finalized before project initiation unless explicitly requested in writing by the client at a later stage.
Creative professionals considered third parties may include:
- Copywriters
- Printers
- Photographers
- Videographers
dearSquid Digital Design Studio cannot be held liable for any losses or damages occurring after the final artwork has been delivered to a supplier or third party. It is advisable to thoroughly inspect the final artwork and obtain proof prints from suppliers and third parties before proceeding with projects.
Payments:
Considerable time, effort, and dedication are invested in delivering impeccable designs to the client. Consequently, a 50% deposit is required from the client before work can commence. The project will be scheduled and uploaded to the workflow system only after receipt of this deposit.
The 50% deposit is non-refundable. The remaining 50% is due to dearSquid Digital Design Studio upon project completion, before the original final artworks are provided to the client.
Please be advised that this policy is strictly enforced. Adherence to these terms is essential to prevent any delays in project commencement or completion.
Delayed payment:
In the event that invoices for completed proofs remain unpaid within 30 days of issuance after the project commencement, a 5% “delayed payment” fee will be applied. This initial 5% fee will be compounded for each subsequent 30-day period until the outstanding amount is settled in full with dearSquid Digital Design Studio.
Revisions:
All projects include a specified number of revision rounds as outlined in the provided quotations. If additional revisions are requested beyond the included rounds, a separate quotation will be provided accordingly. dearSquid Digital Design Studio respects the client’s right to modify their requirements and will not impose limitations in this regard.
While the initial contract price is based on the estimated duration needed for the quoted work, the client may request additional estimates for any further or supplementary changes.
The client acknowledges that any modifications, alterations, or changes in content, layout, or process requested after approval will impact both the timeline and cost of the project.
Additions and alterations:
Any new work requested by the client and undertaken by dearSquid Digital Design Studio after the Agreement to Proceed (ATP) is considered an addition or alteration, which may result in an extra revision round.
If the scope of the project changes significantly, deviating from the specifications outlined in the original quotation, dearSquid Digital Design Studio will provide the client with an additional quotation. Both parties must agree to the revised or supplementary fee before any further work is undertaken.
File Formats:
Upon full payment, designs will be provided to the client in open file formats such as PSD or AI, as well as print-ready JPEG and PDF formats. The open files supplied are intended for printing purposes only; clients will not be able to make edits unless they have access to Adobe Photoshop or Illustrator.
Backup:
dearSquid Digital Design Studio does not bear responsibility for the backup of any final designs once they have been provided to the client, as mentioned above. Following final sign-off and delivery, backup options can be provided upon request by the client in writing, and a separate quotation will be offered accordingly.
Errors & Omissions:
dearSquid Digital Design Studio does not undertake proofreading of any designs. The client assumes responsibility for meticulously reviewing proofs and other deliverables to ensure accuracy, including aspects such as spelling and technical illustrations. dearSquid Digital Design Studio cannot be held accountable for errors or omissions. Prior to printing, digital publication, or any other implementation, the client’s signature or approval email, or that of the authorized representative, is required on all artwork.
Deadlines:
Timely adherence to deadlines is crucial for maintaining project momentum. To ensure we meet our deadlines, we rely on your prompt approvals, sign-offs, and timely provision of website content, ideally before design work commences.
Delays in approvals or being out of contract time will directly impact the project schedule, necessitating adjustments to deadlines and milestones. However, payment milestones will remain unaffected. By signing this document or submitting your deposit, you acknowledge your responsibility in maintaining the project schedule. However, if we miss a deadline, payment milestones will be adjusted accordingly.
Should the client fail to provide necessary content or feedback by deadlines deemed crucial by dearSquid Digital Design Studio, all non-payment milestones will be adjusted accordingly. Failure to meet timeline milestones or content obligations for seven days or more may result in reallocation of studio resources and potential delays or suspension of work on the project.
Cancellation:
In the event of cancellation after work has commenced or near completion, the client will be responsible for paying a cancellation fee, determined by the stage of project completion. This fee will not exceed 100% of the total project cost and will be calculated based on the hours already invested in the project.
If communication between the client and dearSquid Graphic Design Studio ceases for a period of 30 days after project commencement, the project will be automatically canceled by dearSquid Digital Design Studio. At this point, dearSquid Digital Design Studio reserves the right to discontinue further work on the project. The entire amount paid for the project will be designated as the cancellation fee.
Promotion:
dearSquid Digital Design Studio retains the right to utilize the digital format of all completed designs solely for publication or promotional purposes.
Use of design elements:
dearSquid Digital Design Studio operates under the assumption that clients have carefully proofread and approved text copy and images (including photos, stock images, and web images) before supplying them to dearSquid Digital Design Studio for design purposes. If dearSquid Digital Design Studio needs to source images from the Internet or stock image websites (free or paid), it is the client’s responsibility to verify if the sourced images are licensed for commercial or non-commercial usage, in accordance with relevant laws.
In cases where no images are provided by the client, dearSquid Digital Design Studio will use placeholder images to illustrate the design. Upon the client’s approval of the artwork and payment of the remaining 50% to finalize the project, dearSquid Digital Design Studio will assume that the client has legally verified the use of these images based on applicable country and commercial laws pertaining to the project.
dearSquid Digital Design Studio also assumes that the client has not unlawfully copied text from other sources, thereby infringing copyright laws and plagiarizing content. dearSquid Digital Design Studio cannot be held responsible or liable for any images, artwork, or text copy used in design projects of any kind. In the event that a client faces legal action for the improper use of images, photos, or text, the client bears the responsibility and liability for legal fees and any associated costs.
dearSquid Digital Design Studio cannot be held legally accountable for any losses or damages resulting from the improper use of images, photos, stock photos, Internet images, text, or copy text. Once the client signs off on the project by paying the deposit or full payment, all artwork becomes the client’s ownership and legal responsibility. Clients are responsible for verifying if images, photos, stock photos, text, and copy text can be printed, published, or posted on the web or internet. Any design material or artwork printed, posted on the web, or distributed through any digital or electronic media is the responsibility and legal liability of the client. dearSquid Digital Design Studio hereby indemnifies itself from any legal ramifications arising from the aforementioned usage.
Communication:
dearSquid Digital Design Studio is available for communication via telephone or email from Monday to Thursday, between 8:30am and 4:30pm, and on Fridays from 8:30am to 2:00pm. We are closed for business on Saturdays, Sundays, and public holidays. All appointments must be scheduled and agreed upon by both parties in advance.
Please note that any in person sit-in meetings with dearSquid Digital Design Studio will be billed at an hourly rate of R450/hour.
All revision requests must be submitted in written format (via email). We do not accept revision requests or commence work based on telephonic discussions.
Confidentiality:
Prior to the commencement of the project, the client must notify dearSquid Digital Design Studio in writing if any portion of the material or information provided is confidential.
To achieve the highest level of excellence, your commitment to this project is crucial and will directly impact the results. By engaging dearSquid Graphic Design Studio, you’ve entrusted us with our expertise to achieve the goals defined by both your team and ours.
In order to attain these goals, we require your active participation and cooperation, even if certain design elements may seem unfamiliar (which we will strive to clarify). Ultimately, our ability to deliver depends greatly on the quality of your involvement.
By submitting the deposit, the client agrees to abide by dearSquid Digital Design Studio’s terms and conditions as outlined in this document, unless otherwise arranged.
The client acknowledges that they will not sign a printed document unless specifically requested in writing.
Website Terms & Conditions
Process Description:
We aim to complete a website within 30 days, provided the client furnishes all relevant information within seven working days after the deposit payment, unless alternative arrangements are made. An agreed-upon date for the website’s launch should be established in advance.
Upon receipt of the 50% deposit, dearSquid Digital Design Studio will initiate the client’s task on our workflow system. A branding questionnaire will be sent to the client, which must be completed, and a brief/strategy meeting will be conducted before commencing the project. Based on the branding questionnaire, dearSquid Digital Design Studio will brainstorm concepts and layouts for the project. The design process will begin with the creation of the layout, look & feel, and styling of the homepage.
Meanwhile, the client should gather all relevant information in a Word document and provide high-resolution photos or images. This content and images must be submitted within seven days of deposit payment and receipt of the branding questionnaire by dearSquid Digital Design Studio.
Upon receiving the content and images, dearSquid Digital Design Studio will present website layout visuals in JPEG or digital format to the client for review. This will give the client an initial idea of the website’s appearance. The client should be prepared to provide feedback on how well the suggested design aligns with their needs and expectations.
The client should communicate any desired revisions to dearSquid Digital Design Studio. Once the final design of the homepage look & feel is approved and signed off by the client, dearSquid Digital Design Studio will begin building the website live, behind an Under Construction page.
After completing the uploading and styling of all supplied information, dearSquid Digital Design Studio will provide the client with a temporary link to view the site online. Timely feedback, final approval, and full payment are necessary before the website can go live. Once live, dearSquid Digital Design Studio will finalize basic SEO for the website.
Layout Development:
dearSquid Digital Design Studio utilizes WordPress as the CMS system for building websites. Certain components used in our websites are pre-designed modules or plugins sourced from WordPress component and plugin developers. As a result, there may be certain limitations in programming and layout due to the specific purposes for which these components are designed.
Use of Web Design Elements:
dearSquid Digital Design Studio operates under the assumption that clients have meticulously proofread and approved text copy and images (including photos, stock images, and web images) before providing them to dearSquid Digital Design Studio for design purposes. In cases where dearSquid Digital Design Studio needs to source images from the Internet or stock image websites (free or paid), it is the client’s responsibility to ensure that the sourced images are licensed for use under applicable commercial or non-commercial usage laws.
If no images are supplied by the client, dearSquid Digital Design Studio will use placeholder images to illustrate the design. Upon the client’s approval of the artwork and payment of the remaining 50% to finalize the project, dearSquid Digital Design Studio will assume that the client has verified the legal use of these images based on relevant country and commercial laws pertaining to the project.
dearSquid Digital Design Studio also assumes that the client has not unlawfully copied text from other sources, thereby violating copyright laws and plagiarizing content. dearSquid Digital Design Studio cannot accept responsibility or liability for any images, artwork, or copy text used in any design project. If a client faces legal action for the unauthorized use of images, photos, or text, it is the client’s responsibility and liability to cover legal fees and any associated costs.
dearSquid Digital Design Studio cannot be held legally responsible for any losses or damages resulting from the improper use of images, photos, stock photos, Internet images, text, or copy text. Once the client signs off on the project by paying the deposit or full payment, all artwork becomes the client’s ownership and legal responsibility. Clients are responsible for verifying whether images, photos, stock photos, text, and copy text can be printed, published, or posted on the web or internet. Any design material or artwork printed, posted on the web, or distributed through any digital or electronic media is the responsibility and legal liability of the client. dearSquid Digital Design Studio hereby indemnifies itself from any legal repercussions arising from the aforementioned usage.
Passwords:
The client is responsible for safeguarding the confidentiality of their password and ensuring the security of their website. In the event of a security breach arising from their account, the client will be held liable for any costs associated with website recovery or rebuilding.
The client bears full responsibility for all passwords and other sensitive information related to their website. If any additional fees arise from resource consumption due to inadequate credentials, such as blank passwords or default accounts (e.g., “test” or “admin”), dearSquid Graphic Design Studio shall not be held accountable.
Online Marketing Services (SEO):
Our website packages include only basic SEO (search engine optimization). Please note that basic SEO does not guarantee first-page rankings with Google or any other search engines.
For achieving first-page rankings with Google, an advanced SEO strategy must be agreed upon separately. This strategy typically involves SEO (search engine optimization) and SEM (search engine marketing) services on a monthly contract, which will be quoted separately, if requested.
It’s important to understand that SEO results may vary, and it could take four to six weeks for the website to be indexed by Google after completion.
Basic SEO services included in our packages are as follows:
- Uploading site maps to Google.
- Indexing the website with Google.
- Incorporating basic keywords into pages.
- Adding website descriptions to headers.
- Utilizing search engine-friendly URLs.
Payments:
Considerable time, effort, and dedication are invested in delivering impeccable designs to the client. Consequently, a 50% deposit is required from the client before work can commence. The project will be scheduled and uploaded to the workflow system only after receipt of this deposit.
The 50% deposit is non-refundable. The remaining 50% is due to dearSquid Digital Design Studio upon project completion, before the original final artworks are provided to the client.
Please be advised that this policy is strictly enforced. Adherence to these terms is essential to prevent any delays in project commencement or completion.
Delayed payment:
If, after the project has commenced, proofs have been sent through and completed withing 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30-day period until the full amount has been received by dearSquid Digital Design Studio.
Revisions:
All projects include a specified number of revision rounds as outlined in the provided quotations. If additional revisions are requested beyond the included rounds, a separate quotation will be provided accordingly. dearSquid Digital Design Studio respects the client’s right to modify their requirements and will not impose limitations in this regard.
While the initial contract price is based on the estimated duration needed for the quoted work, the client may request additional estimates for any further or supplementary changes.
The client acknowledges that any modifications, alterations, or changes in content, layout, or process requested after approval will impact both the timeline and cost of the project.
Additions and alterations:
Any new work requested by the client and undertaken by dearSquid Digital Design Studio after the Agreement to Proceed (ATP) is considered an addition or alteration, which may result in an extra revision round.
If the scope of the project changes significantly, deviating from the specifications outlined in the original quotation, dearSquid Digital Design Studio will provide the client with an additional quotation. Both parties must agree to the revised or supplementary fee before any further work is undertaken.
Backup:
dearSquid Digital Design Studio does not bear responsibility for the backup of any websites once they have been provided to the client, as mentioned above. Following final sign-off and delivery, backup options can be provided upon request by the client in writing, and a separate quotation will be offered accordingly.
Errors & Omissions:
dearSquid Digital Design Studio does not undertake proofreading of any designs. The client assumes responsibility for meticulously reviewing proofs and other deliverables to ensure accuracy, including aspects such as spelling and technical illustrations. dearSquid Digital Design Studio cannot be held accountable for errors or omissions. Prior to printing, digital publication, or any other implementation, the client’s signature or approval email, or that of the authorized representative, is required on all artwork.
Deadlines:
Timely adherence to deadlines is crucial for maintaining project momentum. To ensure we meet our deadlines, we rely on your prompt approvals, sign-offs, and timely provision of website content, ideally before design work commences.
Delays in approvals or being out of contract time will directly impact the project schedule, necessitating adjustments to deadlines and milestones. However, payment milestones will remain unaffected. By signing this document or submitting your deposit, you acknowledge your responsibility in maintaining the project schedule. Similarly, if we miss a deadline, payment milestones will be adjusted accordingly.
Should the client fail to provide necessary content or feedback by deadlines deemed crucial by dearSquid Digital Design Studio, all non-payment milestones will be adjusted accordingly. Failure to meet timeline milestones or content obligations for seven days or more may result in reallocation of studio resources and potential delays or suspension of work on the project.
Cancellation:
In the event of cancellation after work has commenced or been completed, the client will be responsible for paying a cancellation fee, determined by the stage of project completion. This fee will not exceed 100% of the total project cost and will be calculated based on the hours already invested in the project.
If communication between the client and dearSquid Graphic Design Studio ceases for a period of 30 days after project commencement, the project will be automatically canceled by dearSquid Digital Design Studio. At this point, dearSquid Digital Design Studio reserves the right to discontinue further work on the project. The entire amount paid for the project will be designated as the cancellation fee.
Promotion:
dearSquid Digital Design Studio retains the right to utilize the digital format of all completed designs solely for publication or promotional purposes.
Communication:
dearSquid Digital Design Studio is available for communication via telephone or email from Monday to Thursday, between 8:30am and 4:30pm, and on Fridays from 8:30am to 2:00pm. We are closed for business on Saturdays, Sundays, and public holidays. All appointments must be scheduled and agreed upon by both parties in advance.
Please note that any one-on-one sit-in meetings with designers will be billed at an hourly rate of R450/hour.
All revision requests must be submitted in written format (via email). We do not accept revision requests or commence work based on telephonic discussions.
Confidentiality:
Prior to the commencement of the project, the client must notify dearSquid Digital Design Studio in writing if any portion of the material or information provided is confidential.
To achieve the highest level of excellence, your commitment to this project is crucial and will directly impact the results. By engaging dearSquid Graphic Design Studio, you’ve entrusted us with our expertise to achieve the goals defined by both your team and ours.
In order to attain these goals, we require your active participation and cooperation, even if certain design elements may seem unfamiliar (which we will strive to clarify). Ultimately, our ability to deliver depends greatly on the quality of your involvement.
By submitting the deposit, the client agrees to abide by dearSquid Digital Design Studio’s terms and conditions as outlined in this document, unless otherwise arranged.
The client acknowledges that they will not sign a printed document unless specifically requested in writing.
POPIA Compliancy:
dearSquid Digital Design Studio does not assume responsibility for ensuring POPIA (Protection of Personal Information Act) compliance on your website or for its maintenance.
It is the client’s responsibility to ensure that the cookie and privacy policies on their website are relevant to their business and that the popup is functioning properly.
Clients wishing to incorporate legal documents in other areas of their website must either request this from dearSquid Digital Design Studio or implement the links themselves. As a standard practice, dearSquid Digital Design Studio only adds the link to the privacy policy in the privacy and cookie pop-up.
dearSquid Digital Design Studio does not enforce compliance with the Protection of Information Act or require clients to comply.
dearSquid Digital Design Studio cannot be held accountable for any inquiries or issues related to POPIA or other relevant regulations that may arise. It is the client’s responsibility to ensure compliance with government policies regarding information handling and to educate themselves about relevant legislation.
General Terms & Conditions
Right to Deny Service:
dearSquid Digital Design Studio and its staff do not discriminate based on religion, sexual orientation, ethnicity, race, nationality, political views, or colour. However, we reserve the right to deny graphic design, web design, or any design services to the following:
Examples of unacceptable content or links include pirated software, hacker programs or archives, WAREZ sites, IRC bots, illegal MP3s, reading material or images that are obscene, abusive, pornographic in nature, defamatory, constitute a legal threat, or violate export control laws. Additionally, materials that are not suitable for work or rated “R”, “G”, or “PG”, and materials that express political or religious bias or opinions of a certain political, ethnic, religious, cult, or occult nature are prohibited. Any content that is likely to be upsetting, insulting, or objectionable to some or most is also not accepted.
Illegal activities in any form, including but not limited to unauthorized distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, sexual abuse imagery, or involvement in drug dealing or other illegal activities, are grounds for denial of service.
Acceptable Use Policy
By utilizing the services provided by dearSquid Digital Design Studio, you consent to comply with our policies and procedures, which include this Acceptable Use Policy (AUP).
General and Acceptable Use
Users are required to utilize the services provided by dearSquid Digital Design Studio with respect, courtesy, and responsibility, while also acknowledging the rights of other users. It is expected that users possess a fundamental understanding of how the Internet operates, along with an awareness of generally accepted and unacceptable uses. Common sense serves as the primary guideline for determining acceptable use.
General
dearSquid Digital Design Studio retains the right to modify or amend any terms and conditions outlined in this agreement.
This agreement constitutes a binding contract between you and dearSquid Digital Design Studio concerning your utilization of our services, products, communications, interactive information, and intellectual property. It supersedes any prior agreements and governs all such interactions subject to the terms, conditions, and policies herein, in conjunction with those applicable to the specific product or service (“the/this agreement”).
This agreement is applicable to all accounts, sub-accounts, and alternative account names associated with your primary account. The account holder bears responsibility for the utilization of each account, whether under any name or by any individual, and for ensuring that all users of that account fully comply with this agreement.
In cases where the Consumer Protection Act, 2008 (“the CPA”) applies to this agreement, the provisions of the CPA shall take precedence in the event of any conflict between its provisions and those of this agreement.