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Terms and conditions

Terms of Service

These Terms and Conditions (“Terms”) contained herein is agreement between a prospective client of EFDS for Brands (EFDS) and EFDS. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us.

By requesting designs and/or services from EFDS, you agree to our Terms and Conditions and you are aware that you are entering a binding contract –  payment is required.

 The below conditions apply to all individuals, businesses or companies (Client/s) engaging the services of EFDS, its contractors, subcontractors and employees (EFDS) unless otherwise agreed to in writing by both parties.

Order Form

Once it is settled that a client wants to utilize the services of EFDS, an order form will be sent to the client to insert the main details of the services requested and samples of similar brand ideas to provide clearer picture of what the client is aiming at achieving.

EFDS and the client will agree on the Statement of Work as follows;

  1. the start date of the project;
  2. the project period – usually 5 days;
  3. project due date (completion date)
  4. the fees for each of the services
  5. the payment terms (included in the invoice issued and payable based on agreed percentage); and
  6. any Special Conditions which vary the Standard Terms.

Standard Terms – Variations & Cancellation

Notwithstanding the provisions of the Statement of Work, the following shall apply;

  1. When the Client wants to change the scope of services or requires additional work, the project period will be extended for additional 5 days as EFDS would require to carry out necessary research to meet up with completing the job;
  2. When EFDS cannot meet the due dates for the project (as set out in the Statement of Work); EFDS shall take necessary steps to promptly contact the client to reschedule and agree on a further due date;
  3. When EFDS requires to engage a third party to undertake the project, such third party job MUST be done and construed as undertaken by EFDS; and
  4. When EFDS needs to engage a third party to take part in the project, EFDS takes full responsibility for the work done by such third party.

However, when the client compels EFDS to work with a particular third party, EFDS is relived of taking responsibilities for the work done by such third party.

EFDS reserves the right to charge additional costs if the Client requests amendments to the original visual brief, the original project outcome is altered or further artwork is requested. This will be mutually agreed by the parties.

If the Client requests the cancellation of a Contract, EFDS will determine the cost of artwork and services provided and invoice the Client of this amount minus any deposits paid on the project to date.

If the determined monies payable is less than the deposit paid, a refund will be issued by EFDS to the Client for the difference.

The Company will declare a project completed if no response is received from Client within 30 days of providing a concept artwork and this artwork will be determined as the final accepted artwork. EFDS will then invoice the Client for final payment of total project.


Intellectual Property

Once a job is completed and full payment is made, the client will own the intellectual property while the client agrees to license the intellectual property back to EFDS to use for the purpose of promoting their (EFDS) services to other clients.


Approving Proofs/ Designs/Printing

The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

The Client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.

The Client shall indemnify EFDS and its representatives from and against all actions, claims, damages, liabilities or costs (including costs) arising from, or directly or indirectly related to provision of materials, use of services by the client or anyone else, or otherwise arising.

Clients who choose to submit their own artwork, files and/or images are solely responsible for the end result of printing; as such all artwork submitted MUST be print-ready artwork with the correct specifications.


Web Site Design

The Client agrees to allow EFDS to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.


Web Site Design Post-Completion Alterations

 Upon completion of web site build, EFDS will provide the Client with opportunity to review the resulting work. EFDS will make minor changes at no extra cost within 14 days of submission to Client for review.

EFDS can be notified of any minor requested changes by e-mail. EFDS will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.

 

 SEO Search Engine Optimization & Search Engine Listings

EFDS builds web sites according to the trends of SEO at the time of building and will help to explore key words/key phrases; however final key phrase choice is the responsibility of the Client.

EFDS cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of website in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.

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