Definition and Interpretation:

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” means you, the individual, business or entity purchasing the Services. If an individual is entering into this agreement on behalf of a business, they confirm that they are authorized to do so and to contractually bind that business and that the business will be the Client in the context of this agreement;
“Agreement” means the agreement formed as detailed in Clause 2, which includes the acceptance of these Terms;
“Quotation” means a written quotation which we provide to you and which, unless otherwise stated, remains open for acceptance for a period of 30 days and constitutes our entire scope of work; and
“Services” means branding, design, web and app design, hosting, print, video, animation, social media management and/or any other services we provide to you.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
“we”, “us”, “our” refers to the Agency and includes our employees and agents;
“you” and “your” refers to the client and includes your employees and representatives;
“writing” and “written” include emails and similar transmissions;
law or provision of law is a reference to that law or provision as amended or newly enacted at the relevant time;
“these Terms” refers to these Terms as they may be amended or supplemented from time to time;
clause is a reference to a paragraph of these Terms;
“Party” or “Parties” means the parties to these Terms.
The headings used in these Terms are for convenience only and have no effect on their words, which confer the singular on the plural and vice versa. References to any gender include other genders. References to persons include corporations.
Any terms set by you or any terms you refer to in any form will not in any way vary or supplement these terms unless we agree to do so in writing.

Contract

We will provide you with a written quote for our services. Acceptance of our offer, whether electronic or otherwise, or placing an order creates a legally binding contract between you and us and includes acceptance of these terms and conditions which will apply between us.
You are responsible for the accuracy of any information you provide to us and that our offer reflects your requirements. Our offer is based on the information provided to us at the time we prepare it. If any errors or inconsistencies are found, we reserve the right to correct them.
You agree to provide us with all information, advice and assistance that we may reasonably request in sufficient time for us to provide the Services. However, any timetables we provide are indicative only and do not form the basis of a contract.

Branding and Design:

The following clause applies if we only provide branding and design services.

Unless we agree otherwise in writing, our payment terms are as follows:
50% of the stated fee is payable upon acceptance of our offer. Orders will not be considered confirmed until the deposit has been paid in full. This deposit is non-refundable;
50% of the said fee will be invoiced upon completion of the Services or 1 month after the draft version has been issued to you if no communication is received from you, whichever is earlier.
Notwithstanding the foregoing, we reserve the right to require 100% of the above fee in advance at our sole discretion.
Based on the brief you have given us, we will provide you with several design concepts. We will require your input and feedback on these concepts as we work on your preferred concept until completion. Any evidence we send you must be signed in writing.
Any changes required after approval of the final design, any changes to the briefing or any additional visits required beyond the allowances included in the quotation will be charged at our standard rate in effect at the time.
Any copy and images you provide will be uploaded or delivered exactly as we receive them. It is your responsibility to check for errors, including spelling and grammatical errors, and we are not responsible for this.
We will use our own sole judgment in providing the Services and making decisions about artistic and other subjective factors. In the unlikely event that you are not satisfied due to personal taste, we accept no responsibility and no refunds will be offered.

Website and App Design:

The following provisions apply if we only provide website and app design services.
Unless we agree otherwise in writing, our payment terms are as follows:
50% of the stated fee is payable upon acceptance of our offer. Orders will not be considered confirmed until the deposit has been paid in full. This deposit is non-refundable;
50% of said fee will be invoiced once we have completed our part of the Services (regardless of whether we are waiting for further input from you), or 2 weeks after the draft version has been issued to you, if we have not received any communication. from you, whichever comes first. The website will not go live until we receive this final payment.
However, we reserve the right to charge additional interim payments during the course of the work. We also reserve the right to claim 100% of the above fee in advance at our sole discretion. In any case, we will inform you in advance.
We will provide you with one design concept in accordance with the brief we receive from you, which must be signed off before the site construction begins.
Any changes required after proposal approval, any changes to the briefing or any additional visits required beyond the allowances included in the quotation will be charged at our standard rate in effect at the time.
We can provide copy and source images for the website if we have included it in our offer. Otherwise, you will need to send us all logos, copy and graphics to be featured on the website in the agreed format.
It is your responsibility to check for errors, including spelling and grammatical errors, at all stages and we are not responsible for this.
We design our websites using editable platforms. Once the website is live, we will provide you with login information to access your site. This allows you to edit text and images on certain pages. However, we do