Terms & Conditions

 

Definitions

a) “Dantuma Design” means Amanda Dantuma as an individual Sole Trader.

b) “The Client”, means the party purchasing the goods or services from Dantuma Design.

c) “Goods and services” mean any design, photography, artwork, branding and layouts (including electronic digital data images licences) supplied by Dantuma Design.

d) “Contract” means any contract between The Client and Dantuma Design for the supply of goods and services

Formation of Contract; exclusion of other terms

a) The Client’s written or verbal confirmation that it wishes Dantuma Design to supply the goods and services will result in the formation of a binding contract on these terms.

b) Unless otherwise agreed in writing by Dantuma Design all Contracts will be on these terms to the exclusion of all other terms, including those proposed by The Client.

Payment, Expenses and Cancellations

  1. Balance due within 14 days of Invoice date. Dantuma Design can implement a 20% Interest/Month thereafter at their discretion.
  2. Settlement within 14 days of Invoice. Any deliverables remain the property of Dantuma Design until full payment is received.
  3. The payment shall become due within 30 days of Invoice Issue date. If payment is delayed by more than that, the company shall have the right, at its discretion, to terminate the contract or to apply a surcharge at an interest rate at an interest rate 2% above the bank base lending rate.
  4. All fees quoted by Dantuma Design do not include Value Added Tax. Value Added Tax is not applicable to any goods or services supplied by Dantuma Design.
  5. Unless otherwise stated at the time of quotation, any fee quoted by Dantuma Design is exclusive of Dantuma Design’s charge for expenses incurred in Supplying the Goods and Services. The Client will pay such charge in addition to the fee. Such expenses may include, but will not be limited to, travelling, raw materials, post-production and delivery.
  6. Dantuma Design may quote fees as a quarterly-hourly, half-hourly, hourly, daily or half daily rate or as a rate specific to the contract in question. Any fees quoted by Dantuma Design as a daily rate is on the basis of an eight-hour day.
  7. Dantuma Design reserves the right to exceed any fee quoted if either:
    1. Any additional goods and services or variations to the services are required by The Client of which Dantuma Design was not aware at the time of quotation.
    2. If, as a result of any unforeseen circumstances out of the control of Dantuma Design, the contract takes longer to perform than originally anticipated at the date of quotation, Dantuma Design reserves the right to charge an additional rate in line with the agreed hourly rate until the contract has been completed. Dantuma Design will be reasonable and flexible with regard to overtime but does reserve the right to charge at its discretion in line with the above.

Deadlines

  1. Dantuma Design will use their reasonable endeavours to meet any deadlines agreed with The Client for the supply of the goods and services, but time shall not be of the essence. Consequently, The Client will not be entitled to terminate the contract or treat it as discharged if Dantuma Design fails to meet a deadline agreed with The Client.

Delivery and Creative Output

  1. Once any output from Dantuma Design is delivered it is The Client’s responsibility to ensure it is stored and backed-up correctly. Dantuma Design take accept no liability what so ever.
  2. We make every effort to ship the products or provide the services here-under in accordance with the requested delivery date. All delivery dates given by us are in good faith but we will not accept any liability to the customer for any delay in delivery.
  3. We do not accept any liability for any losses or for general, special or consequential damages arising out of delay in delivery of product or service.
  4. All shipment cost shall be paid by The Client. If pre-paid the amount there-of shall be reimbursed to Dantuma Design.
  5. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
  6. The Prices in the published price list do not includes packaging, carriage and freight which will be payable in addition.
  7. Print quality and colour does vary depending on the equipment used to print the images, we therefore recommend that The Client use a professional printer or company and always request a printed sample or proof to ensure every feature and element are correct before commencing with the print run or production and therefore accept no liability in this regard.
  8. It is The Client’s responsibility to thoroughly check any output by Dantuma Design, creative or otherwise to ensure it is to their liking before providing their written approval. Dantuma Design will not accept any liability in this regard. It is The Client’s sole responsibility to thoroughly check for the following items which includes but is not limited to;
    1. Spellings, punctuation, word duplication, alignment, formatting, pagination and grammar
    2. Consistency of specialised words and terminology.
    3. Content and design have been thoroughly checked for legal compliance
    4. All aspects of the logo typeface, logo graphic feature(s) or symbols and supporting guidelines.
    5. Logo colours, fonts character(s), font colour, font sizes, font leading and tracking.
    6. The Client accepts that there might be colour variations when printing on different materials, using different printers and other suppliers due to their colour calibration and screen set up. We advise The Client requests samples both printed and otherwise on the appropriate material before commencing with production. The Client agrees and accepts that Dantuma Design will not accept any liability in this regard.
    7. The arrangement, size, alignment and structure of the logo typeface, logo graphic feature(s) or symbols and supporting guidelines.
    8. The Client has checked that the logo meets all their needs and all the alterations they have requested have been checked and approved.
    9. The Client has checked that any logos, graphics or images will work across their range of marketing collateral and all their marketing materials which includes but is not limited to; signage both internally and externally, literature design, website, intranet, stationary, advertising, internal communication tools, social media, software and templates such as word, excel, PowerPoint and other media or marketing materials The Client may use now and in the future.

Ownership rights and Intellectual Property

  1. All intellectual property and related material (the “Intellectual Property”) that is developed or produced by Dantuma Design will be their property unless stated otherwise in writing by Dantuma Design.
  2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Dantuma Design.

Limitation of liability

  1. a) Dantuma Design will use all reasonable skill and care in supplying the Goods and Services.
    b) In respect of Goods and Services provided to The Client electronically, Dantuma Design shall have no liability arising out of:
  2. the colour accuracy of electronic digital data images downloaded or reproduced from digital files; The Client shall be responsible for checking and approving of the quality of all digital data images/ photographs provided by Dantuma Design prior to printing;
    ii. corruption, distortion, partial or total loss of electronic digital data images from digital files provided by Dantuma Design; The Client recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed;
    iii. degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files;
    iv. electronic computer viruses introduced to The Client’s hardware, software or other user interfaces by digital files provided by Dantuma Design; The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and Dantuma Design shall have no liability whatsoever.
    v. Dantuma Design will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
    vi. The liability of Dantuma Design for any direct loss. whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall be limited to Dantuma Design’s fee for the Services and Goods in relation to which such loss arises; Dantuma Design shall have no liability to re-shoot or re-design otherwise provide any further Services and Goods.
    vii. Nothing in these terms shall exclude, limit or be deemed to exclude or limit Dantuma Design’s liability for death or personal injury caused by their negligence or the negligence of those for whom Dantuma Design is responsible.
    viii. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by Dantuma Design’s negligence, or the negligence of those for whom Dantuma Design is responsible, Dantuma Design will not be liable to The Client by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by Dantuma Design’s negligence or otherwise) which arises out of, or in connection with the Goods or Services. The terms and provisions of their contract are in addition to all Dantuma Design’s rights of general law, none of which shall be limited, in any way whatsoever. Failure, on Dantuma Design’s part, to exercise, or any delay in exercising, any of Dantuma Design’s rights shall not be deemed to be a variation of their or any subsequent contract, nor shall they adversely affect those rights in any way whatsoever. If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves. to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.

The Client thereby undertakes to indemnify and keep indemnified Dantuma Design against all claims. actions, losses, damages, costs and expenses (including, without limitation, reasonable legal costs and expenses) suffered or incurred by Dantuma Design as a result of any breach by The Client


Force Majeure

  1. Dantuma Design will be released from their obligations under the Contract to the extent that their performance thereof is delayed, hindered or prevented by circumstances which are not within their reasonable control; including, without limitation, acts or restraints of governments or public authorities, riot or civil commotion, strikes, failure of supplies of power, fuel, transport, equipment or other goods or services, vandalism or criminal damage and explosion, fire, flood or natural disaster, or their ability to effectively attend at a photo shoot, meeting, create/amend design concepts and artwork or process photographs by reason of illness or mental or physical incapacity, whether of themselves or their representatives.
  • Without limiting point above, Dantuma Design will use all reasonable skill and care in selecting reputable photographic laboratories and printers to process marketing collateral including but not limited to; prints, signage and promotional goods, but Dantuma Design shall not be liable for any damage or loss resulting from such circumstances which are not within their control, whether or not referred to within this document.

 

Right of Substitution

  • Except as otherwise provided in this Agreement, Dantuma Design may, at their absolute discretion, engage a third-party sub-contractor to perform some or all of the obligations of Dantuma Design under this Agreement and The Client will not hire or engage any third parties to assist with the provision of the Services.
  • In the event that the Dantuma Design hires a sub-contractor:
    1. Dantuma Design will pay the sub-contractor for its services and the Compensation will remain payable by The Client to the Dantuma Design
    2. For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Dantuma Design.

Autonomy

  • Except as otherwise provided in this Agreement, Dantuma Design will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. Dantuma Design will work autonomously and not at the direction of The Client. However, Dantuma Design will be responsive to the reasonable needs and concerns of The Client.

Equipment

  • Except as otherwise provided in this Agreement, Dantuma Design will provide at their own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.

No Exclusive

 

  • The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.

Capacity / Independent Contractor

 

  • In providing the Services under this Agreement it is expressly agreed that Dantuma Design is acting as an independent contractor and not as an employee. Dantuma Design and The Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

General

 

  • We reserve the right to change our terms and conditions without notice.