These Terms and Conditions ("Agreement") govern the provision of graphic design and marketing services ("Services") by Red Moth Pty Ltd ("Company") to the client ("organization or individual using our services "). By engaging the Company's Services, the Client agrees to be bound by the terms and conditions outlined below:
Scope of Services
- The Company will provide logo design, Visual Corporate Identity design, Branding, and/or Digital Marketing services as described in the agreed-upon project scope/ estimate.
- Any additional services or changes requested by the Client beyond the initial scope may result in additional charges and require a separate agreement.
Deposit and Payment Terms
- The Client agrees to pay a deposit of not less than 50% of the total amount quoted by the Company before the commencement of any work.
- The balance of the payment shall be due upon completion of the project and before the delivery of the final work.
- The Company reserves the right to withhold delivery of the final work until full payment has been received.
Ownership of Work
- All work produced by the Company, including but not limited to logo designs, Visual Corporate Identity designs, branding materials, and digital marketing content, shall remain the property of the Company until full payment is received from the Client.
- Upon full payment, the Company will transfer ownership of the completed work to the Client, subject to the terms of any third-party agreements or licenses that may apply.
Intellectual Property
- The Client acknowledges that all intellectual property rights, including copyrights and trademarks, associated with the work produced by the Company, belong to the Client upon receipt of full payment.
- The Client agrees to indemnify and hold the Company harmless against any claims, damages, or liabilities arising out of the use of any unauthorized materials provided by the Client for use in the project.
Intellectual Property Law
- The Client acknowledges that the intellectual property laws of South Africa, including but not limited to the Copyright Act, No. 98 of 1978, and the Trade Marks Act, No. 194 of 1993, shall govern any issues related to intellectual property rights.
Confidentiality and Data Protection
- The Company and the Client agree to maintain the confidentiality of any non-public information disclosed during the course of the project.
- The Company will comply with the Protection of Personal Information Act (POPIA) of South Africa regarding the collection, storage, and processing of any personal information obtained from the Client or the Red Moth Pty Ltd’s website.
Termination and Refund Policy
- The Client may terminate the Agreement by providing written notice to the Company.
- If the Client terminates the Agreement within 24 hours after paying the deposit, no refund of the deposit will be provided.
- In the event of termination, the Company may invoice the Client for any work completed up to the termination date.
Limitation of Liability
- The Company shall not be liable for any indirect, incidental, or consequential damages arising out of or related to the Services provided.
- The Company's liability for any claims arising from the Services shall be limited to the total amount paid by the Client for those particular Services.
Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of South Africa.
- Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.
Entire Agreement
- This Agreement constitutes the entire agreement between Red Moth Pty Ltd and the Client regarding the provision of graphic design and/or marketing services and supersedes any prior discussions or agreements, whether written or oral.
Amendments
- Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
Severability
- If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
- The failure of either party to enforce any provision of this Agreement shall not be deemed as a waiver of that provision or the right to enforce it.
Independent Contractor
- The relationship between Red Moth Pty Ltd and the Client is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship between the parties.
Force Majeure
- Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, government regulations, or labor disputes.
Survival
- The provisions of this Agreement that by their nature extend beyond the termination or expiration of this Agreement shall survive such termination or expiration.
By engaging the Services of Red Moth Pty Ltd, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
