VAN ZYL Connections Terms of Service

1. Terms & Conditions – Services
1.1. The following Terms and Conditions of Service apply to all artwork, graphic design, print, Hosting, Website Design, Marketing and services provided by VAN ZYL Connections.
1.2. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. VAN ZYL Connections reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
1.3. All design work is carried out by VAN ZYL Connections on the understanding that the client has agreed to abide by these terms and conditions.

2. Acceptance of Quotation and Terms and Conditions
2.1. Quotations are valid for a period of 30 days.
2.2. The placement of an order for design and/or any other services offered by VAN ZYL Connections, 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 client and VAN ZYL Connections.

3. Design Fees & Payment
3.1. Fees for design services to be provided by VAN ZYL Connections, will be set out in the written estimate or quotation that is provided to the client.
3.2. At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, 100% of the quoted fee will become immediately due.
3.3. Work on the project will not commence until VAN ZYL Connections has received the 100% of the quoted fee.
3.4. The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/publication. Full payment is required before print/publishing will commence.
3.5. Publication and/or release of work done by VAN ZYL Connections on behalf of the client, may not take place before funds have cleared.
3.6. An account shall be considered default if it remains unpaid for 30 days from the date of invoice or following a returned cheque. VAN ZYL Connections shall be considered entitled to remove VAN ZYL Connections’ and/or the client’s material from any and all computer systems, until the amount due has been fully paid.
3.7. This includes all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub- contractors, printers, website design, marketing, and libraries.
3.8. Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay VAN ZYL Connections reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

4. Copyrights, Ownership and Trademarks
4.1. By supplying text, images and other data to VAN ZYL Connections for inclusion in the client’s brochure / website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
4.2. By supplying images, text, or any other data to VAN ZYL Connections, the client grants VAN ZYL Connections permission to use this material freely in the pursuit of the design and to utilize the designs in VAN ZYL Connections’ portfolio unless agreed otherwise.
4.3. Should VAN ZYL Connections, or the client supply an image, text, audio clip or any other file for use in a 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 client will agree to allow VAN ZYL Connections to remove and/or replace the file.
4.4. The client agrees to fully indemnify and hold VAN ZYL Connections free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
4.5. VAN ZYL Connections may use any Artwork/design for its own promotion and portfolio use.
4.6. Copyright of all graphic design work is retained by VAN ZYL Connections including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
4.7. If multiple design concepts are submitted, only one concept is deemed to be given by VAN ZYL Connections as fulfilling the contract. All other artwork designs remain the property of VAN ZYL Connections, unless agreed in writing.

5. Alterations, Revisions and Supply of Content
5.1. The client 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.
5.2. The client also agrees that VAN ZYL Connections holds no responsibility for any amendments made by any third party, before or after a design is published.
5.3. Unless otherwise negotiated or VAN ZYL connections’ 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. 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). VAN ZYL Connections assumes all written content adheres to copyright laws.
5.4. Images are also expected to be supplied before work begins, unless by prior negotiation or if using VAN ZYL connections’ photography or stock image services. 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). VAN ZYL Connections assumes that all correct permissions have been sought and/or royalties paid for images used.
5.5. Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

6. Data Formats
6.1. Text is to be supplied to VAN ZYL Connections in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
6.2. Images which are supplied in an electronic format, are to be provided in a format as prescribed by VAN ZYL Connections via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and VAN ZYL Connections will not be held responsible for any image quality which the client later deems to be unacceptable. VAN ZYL Connections cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
6.3. 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.

7. Design Project Duration
7.1. Any indication given by VAN ZYL Connections of a design project’s duration is to be considered by the client to be an estimation. VAN ZYL Connections 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 of the deposit are received by VAN ZYL Connections.

8. Website Design Only
8.1. Once web design is complete, VAN ZYL Connections will provide the client with the opportunity to review the resulting work and provide the login details for the website. VAN ZYL Connections will make one set of minor changes at no extra cost within 30 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 or plugins. Any minor changes must be notified to VAN ZYL Connections by e-mail. After minor changes have been made Van Zyl Connections will send the client a project sign off document for the client to agree and to sign off the project.
8.2. Failure to review the website or sign the project sign off agreement within the 30 days period from the date of notification from Van Zyl Connections then the client will forfeit your right to the changes being made and the project will then automatically be completed.

9. Graphic Design Only
9.1. Once graphic design is complete, VAN ZYL Connections will provide the client with the opportunity to review the resulting work. VAN ZYL Connections will make one set of minor changes at no extra cost within 30 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 etc.. Any minor changes must be notified to VAN ZYL Connections by e-mail. After minor changes have been made Van Zyl Connections will send the client a project sign off document for the client to agree and to sign off the project.
9.2. Failure to review the design or sign the project sign off agreement within the 30 days period from the date of notification from Van Zyl Connections then the client will forfeit your right to the changes being made and the project will then automatically be completed.

10. Marketing Packages Only
10.1. All designs included in your monthly retainer are subject to the present month ONLY. The designs will not be rolled over to next month. Should you have any designs left it will not be subject to cash refunds or credit on your account. Each month’s designs need to be used in the present month.

11. Customer Alterations
11.1 Should a customer wish to edit their own website we do not accept any responsibility for any data or designs lost due to the customer’s fault. Any redesign of the website will be on the customer’s own account.

12. Design Credits
12.1 The client also agrees to allow VAN ZYL Connections to place all designs on VAN ZYL connections’ own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

13. Rights of Refusal
13.1 VAN ZYL Connections 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. VAN ZYL Connections also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that VAN ZYL Connections does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow VAN ZYL Connections to remove the contravention without hindrance, or penalty. VAN ZYL Connections is to be held in no way responsible for any such data being included.

14. Cancellation
14.1 If a client cancels or alters any order or part order at any time after VAN ZYL Connections has received the order, then VAN ZYL Connections reserves the right to render additional costs to the date of such cancellation or alteration.

15. Monthly Retainers
15.1 All services but not limited to Hosting, Marketing Packages, Bookkeeping etc which requires monthly payments are required on or before the 25th of each calendar month. Failure to make payment in due time will result in termination of service.
Should we have to wait for more than a month for payment on work already completed you will be contacted by our Attorney for collection of outstanding funds.

16. Cancelation of Monthly Retainers
16.1 Should the customer wish to cancel their service with VAN ZYL Connections a full calendar months’ notice is required. Failure to comply with these terms will result in legal action to be taken towards the client for the outstanding balance and legal fees associated with the legal action.

17. Repayment Options
17.1 Should in anyway Van Zyl Connections agree to a repayment option for any of our services the client will need to comply with the repayment contract setup by Van Zyl Connections. Should the client fail to comply to the repayment terms and conditional legal action will be taken again the client for the outstanding balance and legal fees associated with the legal action.

18. Disclaimer
18.1 VAN ZYL Connections makes no warranties of any kind, express or implied, for all products and/or services that it supplies. VAN ZYL Connections will not be held responsible for all damages resulting from products and/or services it supplies. VAN ZYL Connections 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 client agrees not to hold VAN ZYL Connections responsible for any such loss or damage. Any claim against VAN ZYL Connections shall be limited to the relevant fee(s) paid by the client.
18.2 VAN ZYL Connections 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. VAN ZYL Connections will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

19. Force Majeure
19.1 VAN ZYL Connections shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of VAN ZYL Connections including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.