Terms & Conditions

The following terms and conditions apply to The Client once the project starts.

1. General

The Client hereby acknowledges, accepts and confirms understanding that:

  1. All content generation for projects will be the responsibility of The Client, unless Jana Fourie is actively involved with the copywriting process and/or licensing stock photos on The Client’s behalf.
  2. Proper licensing and permission has been obtained by The Client for any form of imagery and/or any other resources used within projects. Jana Fourie has the authority and right to request proof of same at any time during a project and shall have the right to pause any services until production of documentary proof thereof. Jana Fourie will not be held liable if The Client submits artwork, imagery, or text that is a copyright violation.
  3. Only one meeting with The Client, within a 50km radius of Jana Fourie is included as part of a project where the project value is above R 1 800.00 (ONE THOUSAND AND EIGHT HUNDRED RAND). Any further meetings and/or consultations at any location will constitute a consultation and The Client will be billed at an hourly consultation rate as agreed upon between Jana Fourie and The Client.
  4. It is the responsibility of The Client to provide content to Jana Fourie, either electronically or through courier delivery.
  5. All content that is of poor quality and requires improvement by Jana Fourie prior to use will incur preparation costs, billed at an hourly rate as agreed upon between Jana Fourie and The Client.
  6. If any features are not specifically mentioned as part of a project then then The Client should assume that it is not included and should contact Jana Fourie for confirmation.
  7. Jana Fourie reserves the right to refuse services to The Client. An active project can be cancelled by Jana Fourie and applicable project costs refunded for work not completed. All work paid for will then be handed over to The Client to conclude the project cancellation.

2. Revisions and Versions

The Client hereby acknowledges, accepts, and confirms understanding that:

  1. All projects include change request limits. A change request is a change, requested by The Client, of, but not limited to, layout, imagery, text, or other elements to the first concept of a deliverable or service. Change request limits may be lifted on projects where previous written arrangements have been made.
  2. In each deliverable, where the project change request limit has been reached, The Client may request additional changes at an hourly rate as agreed upon by both parties.
  3. If individual representatives of The Client submit change requests then each request would count towards the revisions already used. The Client should therefore give combined feedback to avoid wasted revisions.
  4. Change requests should be submitted in a consolidated format for each revision set, as separate change requests will count towards the revisions already used. 
  5. All change requests should be sent via email to Jana Fourie and change requests made via any other form of communication will not be viable.
  6. All deliverables include a version limit of three, unless previous written arrangements have been made or part of an hourly service. The deliverable version limit consists of the first concept version and then two additional versions.

3. Project Lifecycle

The Client hereby acknowledges, accepts and confirms understanding that:

  1. A 50% deposit is required to activate a project. Only once the the deposit has been paid will work start on the project.
  2. The outstanding balance of the project needs to be paid before the project is deemed completed. A project is marked as paid once proof of payment has been sent to Jana Fourie. The following applies until full price of the project has been paid:
    1. No artwork or designs will be released in print-ready format until the deliverable is paid in full,
    2. If Jana Fourie designed a website for The Client, the site will not be set live until the full price of the website and its content has been paid in full.
  3. Leadtime for projects are 10 business days, counted from when Jana Fourie has received all necessary content and information and the deposit has been paid.
  4. Once the project has been signed off and fully paid for then all deliverables specifically created for the client as part of the project will be copyright of The Client. The Client’s use of any content that is free, open source or content licensed on behalf of The Client by Jana Fourie is subject to that content’s individual terms and conditions. The Client agrees to be bound by those terms and conditions and may ask for links to those agreements before signing off the deliverable.
  5. All artwork, proofs, and drafts are artistic rights to Jana Fourie and may be displayed and used for advertising as decided by Jana Fourie.

4. Cancellation and Dormancy

The Client hereby acknowledges, accepts and confirms understanding that:

  1. If Jana Fourie cannot get hold of The Client through available channels or alternatively if the client does not provide any written feedback within 10 business days since the last change request, causing the project to stall in any way, then Jana Fourie will mark the project as dormant and the dormant project will be removed from the active project list. A 30% cost of the total project invoice will be levied by Jana Fourie to the client and must be paid by The Client to reactivate the project in the future.
  2. If the project is dormant for longer than 6 months, then the project will be terminated and all design source files will be removed from Jana Fourie’s network and all costs paid by The Client to Jana Fourie will be forfeited due to The Client’s breach of the terms and conditions without prejudice to any other claims Jana Fourie may have against The Client for damages.
  3. If The Client chooses to cancel the project after 14 calendar days since the start of the project then the deposit will not be refundable and shall be accordingly forfeited. In all project cancellations, the designs, and their design versions will stay the copyright and property of Jana Fourie. Any copy, distribution or use of any of the cancelled project assets will constitute a copyright violation and Jana Fourie reserves the right to take any further legal action against The Client for any damages suffered in any form whatsoever. Jana Fourie may choose to refund parts of a deposit under special circumstances.
  4. As stated in 1.7 Jana Fourie reserves the right to refuse services to The Client. An active project can be cancelled by Jana Fourie and applicable project costs refunded for work not completed. All work paid for will then be handed over to The Client to conclude the project cancellation.

5. Sign Off

The Client hereby acknowledges, accepts and confirms understanding that:

  1. Sign off is the act where The Client accepts and/or confirms via email that a deliverable as 100% completed to their initial requirement and to their ultimate satisfaction thereof.
  2. Once The Client gives sign off on a project and/or deliverable, then the project and/or deliverable is declared and deemed as finalised. Any change requests on a signed off project will be quoted for at an hourly rate.
  3. Giving a sign off on the project also requires The Client to immediately settle any and/or all outstanding fees, unless other alternate prior written arrangements are in effect and in agreement with Jana Fourie.
  4. It is the sole responsibility of The Client to ensure that all aspects of a design and/or service is 100% accurate before giving sign off.
  5. If signed off artwork is sent to print, manufacturing, production, or a signed off service implemented, but it contains errors that The Client did not notice, then the resulting printing, manufacturing and implementation costs will be for The Client’s account.
  6. When giving sign off on a project or deliverable then The Client accepts all liabilities that might arise from the project or deliverable as a whole.

6. Backups

The Client hereby acknowledges, accepts and confirms understanding that:

  1. Jana Fourie will hand over the source files and exported files formats to The Client via email. It is up to The Client to ensure that it is properly backed up. Jana Fourie does not offer backup services although I may or may not store it as part of my archiving process.
  2. Once a website has been set live on The Client’s domain then it is up to The Client to ensure that they have regular backups made of the website, either directly or through their hosting company. The Client needs to back up their own email accounts regularly.
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