Terms and Conditions

Last Updated On 31-Oct-2022
Effective Date 31-Oct-2022

 

Please read the following terms and conditions carefully before using the https://allenmandikutse.com website (the “website”) operated by Allen Mandikutse (“us,” “we,” “our”) as this disclaimer contains important information regarding limitations of our liability. These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between Client (“you,” “company”) and us in relation to your use of our website and services.

General Working Agreement:

This document defines the terms and conditions of our working relationship. All projects or services that Allen Mandikutse may be contracted to produce or provide for client will be subject to the following:

Payment/Estimates:

Client agrees to pay Allen Mandikutse in accordance with the terms specified in each proposal/estimate. We require 50% prepayment for all projects and 50% upon completion of the project unless otherwise agreed.

We reserve the right to refuse completion or delivery of work until past due balances are paid. Payment terms are 30 days unless otherwise agreed and payment can be made by cheque or bank transfer.

A quote/estimate is given on all proposed work in one package sum unless a per hour payment system is agreed. Client requested changes will be billed additionally. The client will be notified of any price changes.

We will begin work upon Client’s approval of the written estimate and when the deposit has been paid. Your written approval will constitute an agreement between us.

When the work has been paid for and finally approved, then Allen Mandikutse will release the artwork to the client or set the website live and will also provide any login details where relevant.

Out-Of-Pocket Expenses:

Fees for professional services do not include outside purchases such as, but not limited to, printing, laminating, illustrations, shipping and handling or courier service. Unless otherwise requested, expenses outside of the agreed design work will be covered by the Client, e.g. print costs for a print design.

Web Hosting And Domain Names:

Unless otherwise agreed, website hosting and domain name shall be sorted by the Client, however Allen Mandikutse can assist in setting up the account or advising what provider to use. If a domain name is used in a proposal, there is no guarantee that it will be available once the project is signed off as we are not able to reserve domain names.

If it’s agreed that Allen Mandikutse will take care of the hosting and domain name included in the package, then the hosting and domain name charge will be billed annually. Failure to pay may mean that the website goes down until payment is received and there is no guarantee that the domain name will be available again if it has expired.

The web hosting and domain name will be with a company external to Allen Mandikutse, therefore the Client will be bound by their terms and conditions.

Revisions And Alterations:

New work requested by Client and performed by Designer after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision memo to you, and a revised additional fee must be agreed to by both parties before further work proceeds.

If revisions or alterations are required outside of the initial proposal once the product has been completed and signed off, then Allen Mandikutse will treat this as an extra cost either per hour or as a package sum depending on the requirement.

Overtime:

Estimates are based on a reasonable time schedule, and may be revised to take into consideration your “Priority Scheduling” requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate.

Nature Of Copy:

Client agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

Errors And Omissions:

It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Allen Mandikutse is not liable for errors or omissions. The Client’s approval is required for every design before the design is released to the Client e.g. before it’s released for print or before the website goes live.

Telecommunications:

Client shall pay for all transmissions charges. Allen Mandikutse is not responsible for any errors, omissions or extra costs resulting from faults in the telephone, cable, satellite network or from incompatibility between the sending and receiving equipment.

Property And Supplier’s Performance:

Allen Mandikutse will take all reasonable precautions to safeguard the property you entrust to us, if applicable. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorised use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, Allen Mandikutse is not responsible for failure on their part.

If you select your own vendors (in terms of print design or web hosting for example), other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.

Rights Of Ownership:

Once a project has been delivered by us and is fully paid for by Client, Allen Mandikutse will give the original design files and logins to the Client and it will then become their property.

All content supplied by the Client for the project will remain the Client’s property. All content supplied to Allen Mandikutse will be assumed to be the property of the Client and will be free to use without fear of breaching copyright laws.

We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, newsletter, brochures, slide presentations and similar media.

Term And Termination:

The term of this agreement will continue for work in progress until terminated by either of us upon thirty (30) days written notice. If you should direct us at any time to cancel, terminate or “put on hold” any previously authorised purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.

Upon termination of this agreement, Allen Mandikutse will transfer to Client all your property and materials in our control and for which you have paid. Client will indemnify and hold Allen Mandikutse harmless for any loss or expense (including legal fees), and agree to defend Allen Mandikutse in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertations made against Client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

If for any reason, Allen Mandikutse is unable to complete a project to the relevant specifications, then a proportional refund shall be offered. Wherever possible we will point you in the direction of another company or freelancer who will be able to complete your project.

Production Schedules:

Production schedules will be established and adhered to by both Client and Allen Mandikutse, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government, and acts of God or other causes beyond the control of the Client or the Designer. Where production schedules are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

It is not always possible to start work immediately due to other client’s requirements however this will be made clear in the proposal along with an estimated start and completion date.

Ethical Issues:

Allen Mandikutse has the right to refuse to provide services that don’t comply to our ethical policy, including but not limited to companies / sites promoting pornography, companies / sites promoting illegal products or services, and companies / sites that promote hatred towards any ethic group, religion or sexual orientation.

Data Protection:

If a website or other service involves collection and administration of personal data, then the Client is deemed to be the Data Controller and is responsible for taking the necessary actions under the Data Protection Acts and other related regulations.

Additional Provisions:

This Agreement may be modified at any time by publication through the website (https://allenmandikutse.com) or via email when a project is agreed.