These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Burg Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Burg Design. All work is carried out by Burg Design on the understanding that the client has agreed to Burg Design’s terms and conditions. Copyright is retained by Burg Design 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 design is presented, only one solution is deemed to be given by Burg Design as fulfilling the contract. All other designs remain the property of Burg Design, unless agreed in writing that this arrangement has been changed.
Burg Design abides by the International Chamber of Commerce (ICC) Code of Advertising and Marketing Communication Practice (2006 Edition) and shall furnish professional standards of skill, care, diligence and professional judgment in the performance of its obligations under this Agreement.
3. PROJECT ACCEPTANCE
At the time of proposal, Burg Design will provide the customer with a written design estimate. The Terms and Conditions can be read on Burg Design's website. A copy of the written estimate is to be signed and dated by the customer to indicate acceptance and should be returned to Burg Design. Alternatively, the client may send an official order in reply to the estimate which binds the client to accept Burg Design's terms and conditions. No work on a project will commence until either document has been received by Burg Design.
4. Design Charges
Charges for design services to be provided by Burg Design, will be set out in the written estimate that is provided to the customer. At the time of the customer’s signed acceptance of this estimate, indicating acceptance of the Terms & Conditions, a deposit of 70% of the quoted fee will become immediately due. Work on the project will not commence until Burg Design has received this amount.
5. Charges for Other Service
Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
The customer will be provided with an Invoice prior to final publication. At this time the remainder of the amount due will become payable to Burg Design. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 3.5% per month of the outstanding amount.
Publication and/or release of work done by Burg Design on behalf of the client, may not take place before cleared funds have been received.
The Client shall be solely responsible for providing Burg Design with all necessary information in connection with its goods/ services; the market and generally, Burg Design shall not be responsible for any shortcomings in such information.
8. Copyrights and Trademarks
By supplying text, images and other data to Burg Design for inclusion in the customer’s business cards, flyers, pamphlets, 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 Burg Design on behalf of the customer, will remain the property of Burg Design and/or it’s suppliers.
The customer may request in writing from Burg Design, the necessary permission to use materials (for which Burg Design holds the copyright) in forms other than for which it was originally supplied, and Burg Design 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.
By supplying images, text, or any other data to Burg Design, the customer grants Burg Design permission to use this material freely in the pursuit of the design.
Should Burg Design, or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 Burg Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Burg Design 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.
We prepare and check artwork for reproduction as carefully as possible. However, we do not accept responsibility for any errors caused by The Client or suppliers (for example typesetters, printers etc.) once artwork has been passed for print or production. Burg Design agrees to hold on behalf of The Client finished artwork or sketch work that has been created by Burg Design or used by Burg Design in furtherance of this Agreement and accept responsibility for any damage or loss of such artwork and sketch work held by Burg Design during the term of this Agreement and for one year thereafter. Artwork or sketch work kept for over one year after the termination of this Agreement will be destroyed unless claimed.
The customer 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. The customer also agrees that Burg Design holds no responsibility for any amendments made by any third party, before or after a design is published.
The Client shall indemnify Burg Design in respect of all financial liability (including professional costs damages and accounts of profits) arising out of any claims made against Burg Design 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.
Should Burg Design need to travel on The Client’s business outside Gauteng but within South Africa and upon The Client’s request, Burg Design shall be reimbursed at a “per diem” expense per person travelling of ZAR 2,000 (ex VAT).
In the event that Burg Design is required to travel outside of South Africa upon The Client’s request, Burg Design shall be reimbursed at a “per diem” expense per person travelling of USD 450 (ex VAT).
Any design, copywriting, drawing, idea or code created for the customer by Burg Design, 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 Burg Design and any of it’s 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. Burg Design will not be held responsible for any and all damages resulting from such claims. Burg Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Burg Design responsible for any such loss or damage. Any claim against Burg Design shall be limited to the relevant fee(s) paid by the customer.
14. Data Formats
The client agrees to Burg Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Burg Design in electronic format as standard text (.txt), MS Word (.doc) on a memory stick, or CD-ROM, or via e-mail.
Images which are supplied in an electronic format, are to be provided in a format as prescribed by Burg Design via a memory stick, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Burg Design will not be held responsible for any image quality which the client later deems to be unacceptable. Burg Design 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.
15. Design Project Duration
Any indication given by Burg Design of a design project’s duration is to be considered by the customer to be an estimation. Burg Design 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 Burg Design for the initial payment or by date confirmed in writing by Burg Design.
16. Design Project Completion
Burg Design considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc., either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Burg Design shall be considered entitled to remove
Burg Design 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, business cards, flyers, pamphlets, 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 it’s obligation to pay the due amount. Customers whose accounts become default agree to pay Burg Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
18. Website Design Only
Once web design is complete, Burg Design will provide the customer with the opportunity to review the resulting work. Burg Design 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 Burg Design by e-mail.
Burg Design 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.
19. Rights of Access for Website Construction
The client agrees to allow Burg Design 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 Burg Design 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 Burg Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
20. Hosting Websites
Burg Design does not offer in-house hosting services. Burg Design can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Burg Design may request that clients change the type of hosting account used if that account is deemed by Burg Design to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Burg Design are not liable for their payment.
21. Domain Registration
Burg Design cannot guarantee the availability of any domain name. Where Burg Design 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.
22. Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Burg Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
23. Kids’ Privacy
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
24. Design Credits
The customer agrees to allow Burg Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Burg Design’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 Burg Design to place designs on Burg Design's own website and social media for demonstration purposes and to use any designs in its own publicity. This includes cancelled projects, and projects not been finalised within a 12 month period.
Burg Design agrees not to work with any competitive business without the prior consent of The Client.
It is Burg Design's duty not to disclose any confidential information of The Client during or after Burg Design's appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain. The Client acknowledges that it is Burg Design's right to use any general marketing and advertising intelligence, which Burg Design has gained in the course of this appointment. The Client views any breach by Burg Design of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief.
27. Rights of Refusal
Burg Design 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. Burg Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Burg Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Burg Design to remove the contravention without hindrance, or penalty. Burg Design is to be held in no way responsible for any such data being included.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Burg Design's dues from the last date of the notice period. These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials and all other works and material prepared or acquired by Burg Design will be assigned and given to The Client after termination of contract and settlement of all payments to Burg Design due for services actually performed, and subject to the terms of any license or permission pursuant to which Burg Design may have obtained the use of such material and to such material being in the public domain.
29. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of no liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
30. SOUTH AFRICAN LAW
This Contract and any other matters concerning the relationship between Burg Design and The Client shall be governed by and construed in accordance with the Law of South Africa.
Any dispute that might arise between the Parties shall be finally settled by the competent courts in South Africa.
32. BURG DESIGN STAFF
The Client agrees not to employ Burg Design's personnel during the tenure of the contract and for a subsequent period of two years from the date of its termination.
Burg Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Burg Design will not be held responsible for any and all damages resulting from products and/or services it supplies. Burg Design 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 Burg Design responsible for any such loss or damage. Any claim against Burg Design shall be limited to the relevant fee(s) paid by the customer.
Burg Design 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. Burg Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Burg Design 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. Burg Design 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.
Burg Design 2017.