T's & C's
This is our “Logo Design” Terms and Conditions, which is designed to give you peace of mind in working with us relating to our “Logo Design” service offering.
In short, these “Logo Design” Terms and Conditions says that your intellectual property is yours and that your Brand will be fully owned by you. It also covers the services offered to you in the “Logo Design” offering as well as the fee structure and all other important terms and conditions that protect both of us.
You are entering into this agreement between yourselves, you and or your company and in so doing, you warrant and undertake that you are duly authorised to agree to these terms. Hereinafter, you in your singular or plural form and or your company will be referred to as “The Client” and Doddel Media (Pty) Ltd, the service provider responsible for the completion and work of your “Logo Design” will hereinafter be referred to as “The Company”.
“The Company” will create and develop your Logo as part of the “Logo Design” service offering, which will include, but may not be limited to:
1. “Logo Design” Services:
• 2 Logo Options
• 3 Rounds of Revision
• Business Card Design
• Letterhead Design
• Email Signature Design
“The Company” provides “The Client” with the “Logo Design” offering which includes the services listed under clause 1 of this agreement. The pricing for this service is published online and may be subject to change without prior notice.
3. Time Frame of Completion
Based on demand at any given time, “The Company” will communicate both on its Website, Social Media Platforms and via email to “The Client” of the time and duration to complete the “Logo Design”.
4. Copyrights and Trademarks
By supplying text, images and other data to “The Company” for inclusion in “The Client’s“, “Logo Design”, “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. By supplying images, text, or any other data to “The Company”, “The Client” grants permission to use this material freely in the pursuit of the design. Should “The Company”, or “The Client” supply an image, text, audio clip or any other file for use in the “Free Website” 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 “The Company”, to remove and/or replace the file on the site. “The Client” agrees to fully indemnify and hold “The Company”, 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.
“The Company”, will attempt to ensure that only royalty free images are used in custom designs. It is agreed that “The Company”, employees, directors and suppliers, will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of “The Client” or provided by “The Client”.
“The Client” shall indemnify “The Company”, in respect of all financial liability arising out of any claims made against “The Company”, alleging infringement of any intellectual property rights if such claim arises from the use of information, inventions, ideas, designs, artwork, copy or other material provided by “The Client”.
7. Data and Financial Security
“The Client” agrees and acknowledges that they are responsible for protecting the integrity of all of “The Client’s” own data including, but not limited to, any data accessible via the Website, web hosting account, and all relevant plugins. “The Client” also agrees and acknowledges to be bound by “The Company’s” AUP and Website Hosting Terms and Conditions respectively.
Each party undertakes during this agreement and at all times thereafter, to hold in trust and confidence all confidential information which comes into its possession or which becomes known to it in the course of Doddel Media’s consultancy to “The Client”, and not to disclose or make use of that confidential information in any way whatsoever, or to make the confidential information available to others, without the prior written consent of the other party.
9. Limitation of Liability
a. Notwithstanding any other provision in this Agreement, in no event shall the parties herein be responsible to each other or to any third party for any special, incidental, punitive, indirect or consequential losses or damages of any kind, directly or indirectly in connection with this agreement, including, without limitation, loss of profits, loss of earnings, loss of business opportunities even if they have been informed in advance of the possibility of such damages, and whether or not such damages are foreseeable.
b. The entire aggregate liability of Doddel Media and “The Client” including without limitation, any liability for the acts and omissions their employees, agents, and subcontractors towards each other in connection with this agreement including contractual breach whether fundamental or otherwise, any representation, statement or unlawful act or omission including negligence arising under or in connection with this agreement, shall not exceed the agreed to fee as to the Services provided herein.
10. Jurisdiction and Venue
This Contract and any other matters concerning the relationship between “The Company” and “The Client” shall be governed by and construed in accordance with the Laws of South Africa. Any dispute that might arise between the Parties shall fall within the jurisdiction of the Cape Town High Court.
11. Force Majeure (“Act of God”)
a. Either party shall be relieved of liability for the non-performance or defective performance of any of its obligations under this agreement caused by an act of “Force Majeure” beyond the reasonable control of that party.
b. A party subject to “Force Majeure” shall as soon as possible notify the other party in writing of the circumstances amounting to force majeure and shall provide an estimate (which shall be updated in writing from time to time) of when those circumstances are expected to cease to apply.
c. In conditions of “Force Majeure”, each party shall take all reasonable steps by whatever lawful means are available to resume all performance of the parties’ obligations under this agreement as soon as reasonably possible and shall discuss with the other party ways and means to overcome such conditions.
d. If conditions of “Force Majeure” persist continuously in respect of a party for a period in excess of six weeks and have a material adverse effect on the other party, and the parties are within such period unable to reach written agreement on amendments to the relevant provisions of this agreement to take into account such conditions, the other party may terminate this agreement with immediate effect on written notice.