TERMS AND CONDITIONS - Instaposter creations

OUR TERMS AND CONDITIONS

The following Terms and Conditions of Service apply to all products and services provided by Instaposter Creations Pty (Ltd) (hereinafter referred to as Instaposter Creations) and in the event of any dispute are governed by the laws of South Africa.

All work is carried out by Instaposter Creations on the understanding that the client has agreed to our terms and conditions.

Copyright is retained by Instaposter Creations on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Instaposter Creations, unless specifically agreed in writing.

Acceptance of Terms and Conditions and Quotation

The placement of an order for design and/or any other services offered by Instaposter Creations, by email, WhatsApp, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are always available below our estimates and invoices, and on client's request.

An estimate validated by the customer’s reply of acknowledgement via email or WhatsApp, as well as monetary 50% deposit for project commencement 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 client and Instaposter Creations.

Project Acceptance

At the time of proposal, Instaposter Creations will provide the customer with a written estimate or quotation by email or WhatsApp. These Terms and Conditions can be read at any time underneath any of our estimates or invoicing documents.

The customer will reply in writing via email, WhatsApp, Telegram or call to indicate acceptance of estimate and its terms and conditions.

Alternatively, the client may sign and date the estimate or quotation which binds the client to accept our terms and conditions, the signed estimated will returned to Instaposter Creations whilst the client retains a copy.

For the avoidance of doubt, the Instaposter Creations Terms & Conditions are what govern the job.

Design Charges

Charges for design services to be provided by Instaposter Creations will be set out in the written estimate or quotation that is provided to the customer.

At the time of the customer’s acknowledgment of acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the release of materials

Source Files

We will supply proofs, PDF and image (Jpeg and Png) files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to cdr, psd, AI, or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with a Proof Email, Text or Call, and an Invoice prior to final publication.

At this time the remainder of the amount due will become payable and the customer will also be required to reply in writing via email or text to signify approval or acknowledgement of the invoice.

Any invoice queries must be submitted by email or WhatsApp within 14 days of the invoice date.

Accounts which remain outstanding for 14 days after the date of invoice, will incur late payment interest charge Rate of plus 8% on the outstanding amount from the date due until the date of payment.

Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card.

We do not accept payments made by cheque. International transfer can be made via PayPal or Skrill, and account details will be released to client upon request.

Publication and/or release of work done by Instaposter Creations on behalf of the client, may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 28 days from the date of invoice.

Instaposter Creations shall be entitled to remove Instaposter Creations ‘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 all Instaposter Creations ‘s reasonable legal and accounting expenses.

Copyrights and Trademarks

By supplying text, images and other data to Instaposter Creations for inclusion in the customer’s website 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 Instaposter Creations on behalf of the customer, will remain the property of Instaposter Creations and/or its suppliers unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose.

The customer may request in writing from Instaposter Creations, the necessary permission to use materials (for which Instaposter Creations holds the copyright) in forms other than for which it was originally supplied, and Instaposter Creations may, at its discretion, grant this and may charge for the additional usage.

Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third-party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the client, not Instaposter Creations.

By supplying images, text, or any other data to Instaposter Creations, the customer grants Instaposter Creations permission to use this material freely in the pursuit of the design.

Should Instaposter Creations, 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 Instaposter Creations to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Instaposter Creations 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, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that Instaposter Creations 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 Instaposter Creations, 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 Instaposter Creations and any of its relevant sub-contractors.

All design work – where there is a risk that another party 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.

Instaposter Creations will not be held responsible for any and all damages resulting from such claims.

Instaposter Creations is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.

The customer agrees not to hold Instaposter Creations responsible for any such loss or damage.

Any claim against Instaposter Creations shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to Instaposter Creation’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Instaposter Creations in electronic format as standard text (.txt), MS Word (.docx) or via e-mail / FTP or shared folder. Images which are supplied in an electronic format are to be provided in a format as prescribed by Instaposter Creations via e-mail / FTP.

Images must be of a quality suitable for use without any subsequent image processing, and Instaposter Creations will not be held responsible for any image quality which the client later deems to be unacceptable.

Instaposter Creations 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, colour correction and alteration of images

Design Project Duration

Any indication given by Instaposter Creations of a design project’s duration is to be considered by the customer to be an estimation.

Instaposter Creations 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 are received by Instaposter Creations for the initial payment or by date confirmed in writing by Instaposter Creations.

Rights of Access for Website Construction

The client agrees to allow Instaposter Creations all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The customer also agrees to allow Instaposter Creations access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The customer agrees to supply Instaposter Creations with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

Instaposter Creations considers the design project complete upon the customer’s Approval reply or acknowledgement.

Other services such as printing, display panel production, film work, 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

Instaposter Creations require that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colours, structure or content that require changes to the template will incur an additional charge.

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

Instaposter Creations 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.

Domain Registration

Instaposter Creations cannot guarantee the availability of any domain name. Where Instaposter Creations is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration,

Design Credits

The customer agrees to allow Instaposter Creations place a small credit on printed material exhibition displays, advertisements and/or a link to Instaposter Creations 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 Instaposter Creations to place websites and other designs, along with a link to the client’s site on Instaposter Creation’s own website for demonstration purposes and to use any designs in its own, publicity and portfolios.

Rights of Refusal

Instaposter Creations 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. Instaposter Creations also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Instaposter Creations does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Instaposter Creations to remove the contravention without hindrance, or penalty. Instaposter Creations 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, WhatsApp, however, following this, Instaposter Creations will need formal notification in writing to the company’s email 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 Instaposter Creations within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

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

Instaposter Creations 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. Instaposter Creations 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. Instaposter Creations reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.