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hotspotdesign

Terms and Conditions

1. FEES

Payment policy of 50% non-refundable deposit before work commences and 50% payment balance upon completion but before delivery of your project. For projects at the value of R599 and below, clients will submit 100% upfront payment. We will provide you with the confirmation of receipt of payment if you so require. For the moment we accept only cash and Electronic Funds Transfer (EFTs) into the following account:

Bank : CAPITEC Account Name : HOTSPOT DESIGN Account Number : 1641914783 Type of Account : Cheque  Reference : (stated on your invoice)

You may send your proof of payment to hello@hotspotdesign.co.za. To prioritise work in an efficient manner and to be fair all round, we will only begin work once the 50% deposit has been paid. We reserve the right to withhold delivery and any transfer of ownership of any current work if accounts or overdue invoices are not paid in full.

2. DEFINITIONS

“client” – shall mean the party engaging the services of Hotspot Design.
“We”, ”Us” or “Our” – shall mean Hotspot Design.

3. SECONDARY CHANGES

Graphic Design – If the client changes the scope of work from the original Client Brief, we will submit 2 sets of revisions. These revisions are charged at R350 per set of changes, which is added to the final invoice balance. Website Design- If the client changes the scope of work from the original Client Brief, then both Parties will have to agree in writing to an updated cost for the services.

4. CLIENT RESPONSIBILITIES

To appoint a representative/agent of the client (if the client is a juristic person) to liaise with us. We will only liaise with the aforementioned person from the Client’s team for the duration of the project, with respect to the client submitting the design brief, the content, approving artwork and finalising payment on the invoice.

a. Submission of information
You guarantee to us that any elements of fonts, graphics, photos, designs, trademarks or other artwork that you provide us for web design, digital or print are either owned by you, or that you have permission to use them and comprehensively indemnify us from any legal claim pertaining to the use of those elements. Images submitted should be medium to high resolution photographs in digital format. If you cannot source images, we will source a limit of 5 (non-copyright) images for you. Editing of images (Photoshop) is charged at R90 per image. You are responsible for final proofreading and in the event that you have approved deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, you shall incur the cost of correcting such errors.

b. Deadlines
Client must respond to submitted artwork drafts within 3 working days, or it will be automatically approved and no new changes will be accepted thereafter. However, if you foresee a delay in your response, we must be notified at least 2 working days in advance to set a new deadline, that is reasonable to the company. All approvals must be via email at each stage of the project. We will endeavour to meet all the deadlines we will not, under any circumstances be liable for any damages in the event of a missed date, deadline or incorrect information being displayed. To keep you informed of the progress we are making, we will share our work with you via email, Google Docs, Dropbox, or other file sharing services and be available to answer any questions you may have during that time. If a client has engaged the services of HOTSPOT DESIGN by making a deposit, but has not submitted content, completed the design brief or failed to respond to communication and correspondence from HOTSPOT DESIGN, the project will immediately be cancelled within 3 working days of no response from the client. A full refund will be issued to the client if no design work has been done.

5. WEBSITE DESIGN

We do not provide SEO services or meta tags, google title changes etc. Clients can maintain/update their site on their own, or we can provide this service on a Monthly Maintenance payment plan. Costs will be calculated according to scope of work.

6. COMMUNICATION

HOTSPOT DESIGN is an Online Design Studio. All correspondence and content submitted between us and the client is via email only i.e. hello@hotspotdesign.co.za. Business hours are from 9am – 4pm, Monday to Friday, excluding Weekends, Public holidays and religious observances. HOTSPOT DESIGN promises to always communicate in a professional and respectful manner. In this regard, client’s agree to not resort to abusive language, harassment, hate speech and/or defamation. As a last resort to handling a difficult situation, all work will stop and we will cease all communication with the client and we strictly reserve our rights to proceed legally against the client for any damages that may have been suffered by us.

7. AFTER SALES SERVICE (COMPLIMENTARY)

Graphic Design- Convert artwork to pdf, re-size documents, submit print ready artwork according to printer’s specifications, re-submit original artwork if mislaid/damaged by client (within 7 days of your completed design project), minor edits within reason and designer’s discretion and technical help (within our field of knowledge). Website Design- assistance in cancellation of web hosting and domain transfer and availability (after the website goes live) for 7 working days, to provide you with reasonable website technical support and correct any possible errors or deficiencies.

8. CANCELLATION FEE

This contract shall commence upon the effective date and shall remain effective until the services are completed and delivered. During the course of designing and working on a project, HOTSPOT DESIGN or the client may choose to cancel the project due to a variety of reasons (e.g. termination of a client’s funding). In this instance a cancellation fee will be effected as follows:

(a) In the event of either party failing to meet their obligations under this Agreement, the other party shall be entitled to cancel this Agreement by giving a three (3) business days written notice;
(b) If design work has commenced, the client’s deposit shall be retained as a cancellation fee. If the client submitted a 100% upfront payment, 50% shall be retained as a cancellation fee;
(c) If no design work has commenced, HOTSPOT DESIGN will refund the client their full deposit or upfront payment;
(d) In the event that we have completed work on your project over the value of the deposit, the remaining hours of work completed shall be charged at the hourly rate of R 350.00;
(e) All work completed up to the point of cancellation will be handed over to the client subject to payment in respect of (b) & (d) above being paid in full.
HOTSPOT DESIGN reserves the right to refuse to accept a client’s project without giving any reasons. If a client has already paid monies and HOTSPOT DESIGN refuses the order, the client is entitled to a full refund.

9. COPYRIGHTS

When we receive your final payment, copyright is automatically assigned as follows: You own the artwork, text content, photographs, visual elements that we create for you for this project and any other data you provided, unless someone else owns them. We submit this to you in the following formats: pdf, png and jpg. It is the client’s responsibility to store them safely as we are not required to keep them or provide any native source files that we used in making them. Design/Source files used to create your artwork are not included in your quote and will be charged at a separate cost. You will not hold us responsible for any third-party claims. We will own any copyrightable work, ideas, inventions, products, or other information that we create in connection with the services we are providing.

10. PUBLICATION

A Copyright notice that states “©[Company Name]” will be displayed on the bottom of each page of your website. We will add in our logo or company tag on your graphic or web design in the following manner: (Designed by HOTSPOT DESIGN – www.hotspotdesign.co.za) and promise to never place it in a prominent manner that would override your content. We will use utmost subtlety when placing the tag. We retain the right to reproduce, publish the display and deliverables on design and websites we design, in our portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.

11. CONFIDENTIALITY

In designing your project, we will maintain the confidentiality of any information that you give us and we will sign your prepared information disclosure/non-disclosure forms if required. We undertake not to sell your proprietary information to a third-party. This includes your proprietary information (e.g. trade secrets, know-how, or any other confidential information that is not publicly available).

12. LEGAL

We do not guarantee/warrant that any functions contained in any graphic design, web page template or in a completed website will be error-free and we shall not be liable to the client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages or any other claim arising out of the operation of or inability to operate this website and any other web pages, notwithstanding if you have advised us of the possibilities of such damages. You may not transfer/ this contract to any other party without our prior written consent. The parties may not assign/cede or transfer the responsibilities that they have under this Agreement to anyone else unless both parties agree to the assignment/cession or transfer in writing. On acceptance of these terms and conditions, it is recorded that the parties hereto have agreed to all of the terms and conditions as of the date of the client deposit paid, and that the client has the full authority to enter into this contract and to bind her/his respective party to all of the terms and conditions herein. These terms and conditions supersedes any other written or verbal communications between the parties.

13. DURATION OF TERMS AND CONDITIONS

These terms and conditions expires on receipt of full payment from the client and delivery of all artwork to the client. Once this has expired, all changes, revisions, conversions and new design projects requested by the client will require a new quote and invoice. There will be no further correspondence with regards to this project except in the case of ‘After sales service’.

14. CONSENT TO JURISDICTION

Any proceedings at law which Hotspot Design may desire to institute for the enforcement of any rights conferred upon it under this agreement, or for the recovery of any indebtedness covered by this Deed may, at the sole and absolute discretion and option of Hotspot Design, be instituted in the Magistrate’s Court of any district having jurisdiction in respect of the client/s in terms of Section 28(1) of the Magistrate’s Court (Act No 32 of 1944), to the jurisdiction of which Court, the Debtors hereby consents in terms of Section 45 of that Act, or the relevant sections of any amending or substituted enactment.

15. COSTS IF ACTION INSTITUTED

In the event of legal action, the Client hereby irrevocably agrees to pay Hotspot Design’s costs on an attorney and client scale.

16. NON-VARIATION

No term or condition of this Acknowledgement, including this clause, shall be amended, altered, suspended, modified, cancelled or otherwise varied save by means of a further written agreement signed by both parties.

17. SEVERABILITY

Should any clause or provision of this agreement be valid for any reason whatsoever such invalidity shall not affect the remaining provisions and/or clauses of this agreement. The remaining clauses and provisions shall survive the invalidity and shall be deemed to be valid for all intents and purposes.

graphic design process

Quotation, client details & payment

  1. Email a description of your Project. Include all instructions and preferences required.
  2. Based on the scope of your project, we will email you a quotation for your approval.
  3. Once you approve the quote, you will receive 2 online forms to complete: a design brief form and a client details form.
  4. If all your information is in order, you will then receive an invoice with details for your deposit/ upfront payment.

Design (proofs, changes, revisions)

  1. Based on your design brief, we will submit to you Proofs.
  2. Choose one Proof and submit any Changes within 3 working days. A set of Changes equals 1 Revision. You have a maximum of 1-3 Revisions (as per quote).
  3. A Revision includes change of colour, font style, pictures, edit of text/content, layout of existing design elements and file format. There will be an extra fee for additional design elements, a new project size or an additional Proof.

Final Product

  1. Once your Revisions are complete and you confirm the final design, you will complete your payment and we will email your design files to you.

Please let us know if you have any queries or concerns. We look forward to working with you!