Terms and Conditions

1. PROJECT DESCRIPTION
The designer/photographer (Justin Whittaker t/a Bright Spark) is hereby commissioned by the customer, to compile a project in accordance with the stipulations contained in the invoice/quote which forms part of this agreement and subject to the terms and conditions herein.

2. PAYMENT
The customer shall pay to the designer/photographer the agreed assignment price as follows:
  • Fifty percent (50%) non-refundable deposit within 15 days of acceptance of quote before work commences.
  • Twenty five percent (25% ) on acceptance of design/photography with minor adjustments to be made.
  • Twenty five percent (25% ) final payment on completion of project on delivery but before final handover.
Payments are to be made by EFT unless otherwise agreed by client and the designer/photographer.

3. RESERVATIONS
Upon signing of this agreement, the designer/photographer will reserve the date and time agreed upon and will not make another reservation for that specific date and time frame. For this reason, all deposits are non-refundable even if the date is changed or if the project becomes cancelled for any reason.

4. VARIATION
Any variation by the customer in respect of its requirements or specifications regarding the project after the quote has been accepted, must be in writing and be agreed upon in writing on or signed by both parties before it is valid. The customer undertakes to pay any additional costs and/or a variation fee in respect of any variation.

5. DELAYS
The customer will be liable for any costs of any delay caused by the customer. The project deadline can be extended by the designer/photographer with the same time period as the delay. Should the designer/photographer be unable to complete the website, within 30 days of the client accepting the quote and paying a deposit, due to the client’s inability to supply the necessary documentation, then the designer/photographer reserves the right to invoice the client for any work completed to date.

6. SUBCONTRACT
The designer/photographer shall be entitled to subcontract any portion of the agreement.

7. SUPPLY OF CONTENT
Any photos or text will need to be supplied in electronic format either via email, file transfer or on CD/USB. Extra costs may be incurred for collecting of content or typing up of written text.

8. INTELLECTUAL PROPERTY
The designer's rights and interest to the source files are ceded and transferred to the customer once the customer has paid all agreed amounts regarding the project.

The photographer’s rights and interest to the RAW source files are retained by the photographer. Copyright to all images is retained by the photographer but the customer may use the final images in any way deemed necessary. This includes display on websites, social media and printed marketing materials. The photographer reserves the right to use any images for advertising, publishing and promotional purposes, unless otherwise agreed upon by both parties.

9. EXCLUSIVITY
The photographer is the exclusive photographer during the assigned project. Others wishing to take photos may do so, but out of the way of the photographer.

10. ACCOMMODATION AND TRAVEL
Should the project require overnight stay to complete the project, accommodation charges will be included in the project fee. Alternatively, the customer may provide accommodation at own cost if agreed to by both parties.

11. IMAGE ARCHIVING
The photographer will endeavor to save or archive image files but is not wholly responsible during the lifespan of any digital media provided. Upon receipt of photographs, the client accepts all responsibility for saving, archiving and protecting the image files and digital media.

12. LIMITED LIABILITY
The designer/photographer shall not be liable, in terms of this agreement, in delict, contract, warranty or otherwise for any consequential or direct damages or losses suffered by the customer or any third party which is more than the net revenue received from the customer in terms of this agreement. Irrespective of any other provision contained in this agreement, the designer/photographer shall not be liable to the customer for any claim whatsoever by the customer or any third party, unless the claim is instituted within three months after the cause of action arose.

13. BREACH OF CONTRACT
Not withstanding any other rights or remedies in law which the parties have, in case of breach of contract, the other party shall have the right to terminate the agreement after giving the defaulting party seven days written notice to rectify such breach and the defaulting party has failed to do so. Notice by email or fax is sufficient.

14. CANCELLATIONS
Should the client wish to cancel his acceptance of the quote then the designer/photographer will invoice the client for any work completed to date. The minimum cancellation fee will be twenty five percent (25%) of the accepted quote. The client must advise the designer/photographer in writing of the request not to proceed with work.

15. CONFIDENTIALITY
The parties shall hold in confidence all confidential information received from each other and not divulge any confidential information to any person, including any of its employees or subcontractors, save for employees or subcontractors directly involved with the execution of this agreement.

16. FACTORS BEYOND THE CONTROL
The designer/photographer shall not be liable for failure to perform any of its obligations in so far as such failure was due to an impediment beyond its control like inter alia network failure, power failure, weather etc.

17. NO MAINTENANCE OR TECHNICAL SUPPORT
This agreement does not include any maintenance or technical support by the designer/photographer pertaining to any project. These services can be provided by the designer/photographer after the project is completed in terms of a separate agreement.

18. CLIENT RESPONSIBILITIES
The customer shall be responsible for providing content and information to the designer/photographer in a correct and timely manner and customer undertakes to provide the designer/photographer with the necessary assistance and access to perform in terms of the agreement.

19. WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties and supersedes all prior verbal or written agreements or understandings or representations between the parties regarding the subject matter of this agreement, and the parties will not be entitled to rely, in any dispute regarding this agreement, on any terms, conditions or representations not explicitly contained in this agreement.

20. NO VARIATION CLAUSE
No variation or addition to this agreement will be of any force or affect unless reduced to writing and agreed to in writing by both parties or signed by both parties.

21. NO WARRANTY CLAUSE
The designer/photographer has not given any warranty or made any representation to the customer other than those which are explicitly set out in this agreement.

22. NO WAIVER CLAUSE
Any indulgence leniency or extension of a right by either party shall be without prejudice and shall not be a waiver of any rights.

23. DEFAULT LEGAL COSTS
In case of any legal action in respect of a dispute pertaining this agreement, the customer shall be liable to pay the legal costs of the designer/photographer on attorney and client scale.

Last updated on Wednesday 09 May 2018