TCs — Creative Content

In using any of our services or products, the following terms and conditions apply:

  1. We retain copyright on stock photographs that we use to produce your materials, if we own the rights to those photographs. Ownership of materials used to produce a final work, including but not limited to templates, fonts, photographs, clip art, line art, background patterns or wallpapers, does not transfer to you, the client, at any stage.
  2. We reserve the right to re-use any and all material used to produce your material for other customers, including your competitors.
  3. We will not produce material for a competing customer where that material substantially resembles your own, by our own admission. By this we mean that we will avoid re-using material as far as possible in producing materials for your competitors, if your competitors contact us or require us to produce materials for them, but we may wish to re-use some materials we used for you. However, we will try to avoid this. If you object to our doing so, it is up to us to decide whether or not we have used too much material for your competitor’s site/DTP/ material that resembles your own. Our view as to whether your competitor’s material sufficiently resembles your material, enough to cause confusion, is final. We will, however, try as far as possible to avoid making material for your competitors, and we will try to avoid making it resemble yours. However, we give no guarantee whatsoever that we will decline your competitors’ business, and that we will not re-use material. Material re-used will tend to be code and templates, not visual layouts and graphics (i.e. it will tend to be invisible materials).
  4. Only the layout of the materials we produce, and their accompanying images that you, the client, provide us with, belong to you. All other material used in producing your material belongs to us.
  5. We will not print or deliver any material which has not been paid for in full.
  6. We charge separately for delivery. Any quote on the production of printed material is subject to collection and delivery charges.
  7. “Collection” means the time taken and travel incurred in collecting material from the printers.
  8. “Delivery” means the presentation of material to the client after the material has been collected.
  9. Fees quoted for production of printed deliverables or material do not cover collection or delivery fees. Those are separately chargeable.
  10. We reserve the right to decline to deliver material if you are outside the central Johannesburg/Midrand/Edenvale area. We may require you to provide a postal address and we may have to charge postage instead of delivery fees.
  11. We do not give any guarantee on delivery date of either websites or printed content. In particular, delays due to client involvement in the creative process will be accounted for and will extend the deadline of delivery due dates.