Web Development & Graphic Design: Terms & Conditions

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by Kando Media.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kando Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All design work is carried out by Kando Media 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.
  • The placement of an order for design and/or any other services offered by Kando Media, 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 Kando Media.

 

Design Fees & Payment

  • Fees for design services to be provided by Kando Media, 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 Kando Media has received the 50% deposit.
  • The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Full payment is required before print/publishing will commence.
  • Publication and/or release of work done by Kando Media 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, or following a returned cheque. Kando Media shall be considered entitled to remove Kando Media'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, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
  • Removal of such materials does not relieve the client of it's obligation to pay the due amount. Clients whose accounts become default agree to pay Kando Media 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 Kando Media for inclusion in the client's brochure / 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 Kando Media, the client grants Kando Media permission to use this material freely in the pursuit of the design and to utilise the designs in Kando Media's portfolio unless agreed otherwise.
  • Should Kando Media, 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 Kando Media to remove and/or replace the file.
  • The client agrees to fully indemnify and hold Kando Media 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.
  • Kando Media may use any Artwork/design for it’s own promotion and portfolio use
  • Copyright of all graphic design work is retained by Kando Media including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
  • If multiple design concepts are submitted, only one concept is deemed to be given by Kando Media as fulfilling the contract. All other artwork designs remain the property of Kando Media, unless agreed 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 draft design will be liable to a separate charge.
  • The client also agrees that Kando Media holds no responsibility for any amendments made by any third party, before or after a design is published.
  • Unless otherwise negotiated or Kando Media'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). Kando Media 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 Kando Media'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 hi-res JPEG files (300 dpi). Kando Media assumes that all correct permissions have been sought and/or royalties paid for images used.
  • Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author's revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
  • If there is no movement as far as the design project is concerned after a period of 30 days, IE- no extra content provided by client or no contact with client after various attempts via email, whatsapp or other electronic means, Kando Media reserves the right to take down any draft designs and content created for client until the balance of the invoice due is paid in full as a sign of continuity. In other words, to make space on our servers/workstations for other projects, clients draft designs will be removed and placed in a backup folder until the client is ready to continue work on the project, but the project will not continue until the client has paid his/her 50% balance in full for us to pull the files back out, and continue the project where we left off 15+ days before. If no contact is received at all from client after 60 days, all files will be permanently deleted off our servers/workstations and no refunds will be given.

 

Data Formats

  • Text is to be supplied to Kando Media in electronic format as standard text (.txt), MS Word (.doc) on CD-ROM, or via e-mail.
  • Images which are supplied in an electronic format, are to be provided in a format as prescribed by Kando Media via CD-ROM, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and Kando Media will not be held responsible for any image quality which the client later deems to be unacceptable. Kando Media 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 Kando Media of a design project's duration is to be considered by the client to be an estimation. Kando Media 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 Kando Media.
  • After the initial start of any design project, the client fails to produce enough content to Kando Media in order for Kando Media to complete said design project with 15 days from start date, the client will be required to pay the remainder of the invoice balance due in order to continue with said design project.

 

Website Design Only

  • Once web design is complete, Kando Media will provide the client with the opportunity to review the resulting work and provide the login details for the website. Kando Media will make one set of minor changes at no extra cost within 30 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 images, colour schemes or any navigation features. Any minor changes can be notified to Kando Media by e-mail or fax and confirmed by post.

 

Design Credits

  • The client also agrees to allow Kando Media to place all designs on Kando Media's own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

 

Rights of Refusal

  • Kando Media 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. Kando Media also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Kando Media does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Kando Media to remove the contravention without hindrance, or penalty. Kando Media is to be held in no way responsible for any such data being included.

 

Cancellation

  • If a client cancels or alters any order or part order at any time after Kando Media has received the order then Kando Media reserves the right to render additional costs to the date of such cancellation or alteration.

 

Disclaimer

  • Kando Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kando Media will not be held responsible for any and all damages resulting from products and/or services it supplies. Kando Media 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 Kando Media responsible for any such loss or damage. Any claim against Kando Media shall be limited to the relevant fee(s) paid by the client.
  • Kando Media 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. Kando Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound.


Force Majeure

  • Kando Media 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 Kando Media 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 or act of terrorism.