The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Little Bird.

Please note that the following timelines apply for design projects:

Basic Branding (logo design) 5 to 7 working days
Website Design (basic) 10 to 15 working days
Website Design (advanced) 15 – 20 working days
*Custom design project timelines to be specified on acceptance of quotation.

All design work is carried out by Little Bird on the understanding that the client has agreed to abide by Little Bird’s terms and conditions.

Copyright of all graphic design work is retained by Little Bird including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.

If multiple design concepts are submitted, only one concept is deemed to be given by Little Bird as fulfilling the contract. All other artwork designs remain the property of Little Bird, unless agreed in writing.

Project Acceptance

At the time of proposal, Little Bird will provide the customer with a written estimate or quotation.

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 Little Bird. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Little Bird’s terms and conditions. No work on a project will commence until either document has been received by Little Bird.

Design Fees

Fees for design services to be provided by Little Bird, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed 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 Little Bird has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable at the time of project acceptance.

Payment

The client will be asked to provide artwork sign off which will then be followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount (unless specifically released in writing).

Payments may be made by Electronic Transfer only.

Publication and/or release of work done by Little Bird on behalf of the client, may not take place before funds have cleared.

Payment in full is required prior to artwork being sent to print.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Little Bird shall be considered entitled to remove Little Bird’s 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, 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 its obligation to pay the due amount. Customers whose accounts become default agree to pay Little Bird 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 Little Bird for inclusion in the customer’s brochure 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 Little Bird on behalf of the customer, will remain the property of Little Bird and/or its suppliers, excluding Logo design in which full copyright will be passed to the client upon receipt of full payment.

The customer may request in writing from Little Bird, the necessary permission to use materials (for which Little Bird holds the copyright) in forms other than for which it was originally supplied, and Little Bird 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. Little Bird reserves the right to charge fees for additional useage.

By supplying images, text, or any other data to Little Bird, the customer grants Little Bird permission to use this material freely in the pursuit of the design and to utilise the designs in Little Bird’s portfolio unless agreed otherwise.

Should Little Bird, or the customer 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 customer will agree to allow Little Bird to remove and/or replace the file.

The customer agrees to fully indemnify and hold Little Bird 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.

Alterations

The customer agrees that changes required over and above the estimated work required to be carried out after acceptance of the draft design will be liable to a separate charge. If the customer requests a full redesign, Little Bird holds the right to requote on the project.

The customer also agrees that Little Bird holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by Little Bird, 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 Little Bird and any of its relevant sub-contractors.

All design work where there is a risk that another party may 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. Little Bird will not be held responsible for any and all damages resulting from such claims. Little Bird is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Little Bird responsible for any such loss or damage. Any claim against Little Bird shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Little Bird’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Little Bird in electronic format as standard text (.txt), MS Word (.doc) via Google Drive, Dropbox, Wetransfer or e-mail.

Images which are supplied in an electronic format, are to be provided in a format as prescribed by Little Bird via Google Drive, Dropbox or Wetransfer. Images must be of a quality suitable for use without any subsequent image processing, and Little Bird will not be held responsible for any image quality which the client later deems to be unacceptable. Little Bird 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 Little Bird of a design project’s duration is to be considered by the customer to be an estimation. Little Bird 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 Little Bird.

Design Project Completion

Little Bird considers the design project complete upon receipt of the customer’s sign off. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, Little Bird will provide the customer with the opportunity to review the resulting work. Little Bird 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 Little Bird by e-mail.

Little Bird 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.

Design Credits

The customer agrees to allow Little Bird to place a small credit on printed material, exhibition displays, advertisements and/or a link to Little Bird’s 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 Little Bird to place all designs on Little Bird’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

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

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Little Bird will need formal notification in writing to the company’s postal address. 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 Little Bird within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Little Bird makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Little Bird will not be held responsible for any and all damages resulting from products and/or services it supplies. Little Bird is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Little Bird responsible for any such loss or damage. Any claim against Little Bird shall be limited to the relevant fee(s) paid by the customer.

Little Bird 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. Little Bird will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Little Bird 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. Little Bird 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.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Little Bird 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 Little Bird and validated by the customer’s signature on the estimate or quotation, 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 Little Bird.

If you need clarification or have any additional questions, please feel free to contact us at hello@littlebirdcreative.co.za

 

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