The following Terms and Conditions of Service apply to all photography, artwork, graphic design, and website design services provided by Two Cows Design.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Two Cows Design reserves the right to change any rates and any of the Terms and Conditions at any time without prior notice.
All design work is carried out by Two Cows Design on the understanding that the client has agreed to abide by these terms and conditions.
ACCEPTANCE OF QUOTATION AND TERMS AND CONDITIONS
Quotations are valid for a period of 7 days, unless stated otherwise.
The placement of an order for design and/or any other services offered by Two Cows Design constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and Two Cows Design.
DESIGN FEES AND PAYMENT
Fees for design services to be provided by Two Cows Design, will be set out in the written estimate or quotation that is provided to the client.
At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
Work on the project will not commence until Two Cows Design has received the 50% deposit.
The client will be asked to provide artwork approval before followed by an Invoice prior to artwork release/publication. At this time the remainder of the fees due will become payable.
Full payment is required before artwork release/publishing will commence.
Publication and/or release of work done by Two Cows Design on behalf of the client, may not take place before funds have cleared.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice.
Two Cows Design shall be considered entitled to remove Two Cows Design’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid.
This includes any and all unpaid monies due for services, including, but not limited to, search engine submission, design, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount.
Clients whose accounts become default agree to pay Two Cows Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
COPYRIGHTS, OWNERSHIP AND TRADEMARKS
By supplying text, images and other data to Two Cows Design for inclusion in the client’s design/website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions.
The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
By supplying images, text, or any other data to Two Cows Design, the client grants Two Cows Design permission to use this material freely in the pursuit of the design and to utilize the designs in Two Cows Design’s portfolio.
Should Two Cows Design, or the client, supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Two Cows Design to remove and/or replace the file.
The client agrees to fully indemnify and hold Two Cows Design free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
Two Cows Design may use any artwork/design for its own promotion and portfolio use.
Copyright of all graphic design work is retained by Two Cows Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
If multiple design concepts (draughts) are submitted, only one concept is deemed to be given by Two Cows Design as fulfilling the contract.
All other artwork designs remain the property of Two Cows Design, unless agreed otherwise in writing.
ALTERATIONS, REVISIONS AND SUPPLY OF CONTENT
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draught design, will be liable to a separate charge.
The client also agrees that Two Cows Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Unless otherwise negotiated or Two Cows Design’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used.
Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites).
Two Cows Design assumes all written content adheres to copyright laws.
Images are also expected to be supplied before work begins, unless by prior negotiation or if using Two Cows Design’s photography or stock image services.
Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or high resolution JPEG or PNG files (300 dpi).
Two Cows Design assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, projects include three rounds (revisions) of minor changes or author’s revisions of the chosen graphic design project only.
Following the quoted revisions of the design project, an additional fee of R450.00 per hour will be charged should any further alterations be required.
We will advise the client and seek the client’s agreement before proceeding with any work that will incur additional charges.
Text is to be supplied to Two Cows Design in electronic format as standard text (.txt), MS Word (.doc) or via e-mail.
Images which are supplied in an electronic format are to be provided in a format as prescribed by Two Cows Design via flash drive or a third party online electronic transfer (i.e. WeTransfer, Dropbox, Google Drive).
Two Cows Design will not accept any graphics as email or WhatsApp attachments.
Images must be of a quality suitable for use without any subsequent image processing, and Two Cows Design will not be held responsible for any image quality which the client later deems to be unacceptable.
Two Cows Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
DESIGN PROJECT DURATION
Any indication given by Two Cows Design of a design project’s duration is to be considered by the client to be an estimation.
Two Cows Design cannot be held responsible for any project over-runs, whatever the cause.
Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Two Cows Design.
WEB HOSTING AND WEB DESIGN
All Two Cows Design’s websites are WordPress-based.
Two Cows Design does not supply domain registration or web hosting services.
The client must register its own domain with a preferred web hosting company and provide Two Cows Design complete access to the Control Panel in order to commence with the setup and web designing.
Domain registration and monthly web hosting fees are not included in the Two Cows Design estimate or quotation and is an exclusive contract between the client and preferred web hosting company.
The client must ensure that a Linux-based web hosting package option is provided by the web hosting service provider, and that the website has a SSL certificate.
Once web design is complete, Two Cows Design will provide the client with the opportunity to review the resulting work and provide the login details for the website.
Two Cows Design will make one set of minor changes at no extra cost within 14 days of the start of the review period.
Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to the layout, colour schemes or any navigation features.
Any minor changes can be notified to Two Cows Design by e-mail.
Following the 14 day minor changes period, an additional fee of R350.00 per hour will be charged should any further alterations, uploads, deletions, etc. be required.
The client also agrees to allow Two Cows Design to place all designs on Two Cows Design’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.
RIGHTS OF REFUSAL
Two Cows Design will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
Two Cows Design also reserves the right to refuse to include submitted material without giving reason.
Any images and/or data that Two Cows Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Two Cows Design to remove the contravention without hindrance, or penalty.
Two Cows Design is to be held in no way responsible for any such data being included.
If a client cancels or alters any order or part order at any time after Two Cows Design has received the approved order, then Two Cows Design reserves the right to render additional costs to the date of such cancellation or alteration.
Two Cows Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
Two Cows Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
Two Cows Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The client agrees not to hold Two Cows Design responsible for any such loss or damage.
Any claim against Two Cows Design shall be limited to the relevant fee(s) paid by the client.
Two Cows Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
Two Cows Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Two Cows Design shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Two Cows Design including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind, a global pandemic, random acts of God, sickness and poor health or acts of terrorism.