Creative Terms

The following Terms and Conditions of Service apply to all creative products and services provided by Geoffrey Dean Marketing Corporation cc. (henceforth referred to as gdmc).

 

  1. GENERAL

    1. All service terms and conditions are to be read in conjunction to gdmc’s General Terms & Conditions, which may be found at www.gdmc.co.za/legal

    2. All work is carried out by gdmc on the understanding that the client has agreed to gdmc's terms and conditions.Copyright is retained by gdmc on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

    3. If a choice of design is presented, only one solution is deemed to be given by gdmc as fulfilling the contract. All other designs remain the property of gdmc, unless agreed in writing that this arrangement has been changed.

  2. Project acceptance

    1. At the time of proposal, gdmc will provide the client with a written estimate or quotation.

    2. The client may send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, which binds the client to accept gdmc’s terms and conditions.

    3. No work on a project will commence until acceptance of the quotation has been received by gdmc.

  3. Payment

    1. gdmc accepts payment for Creative services via EFT (Electronic Funds Transfer) only, and will only accept alternative payment under specific circumstances and only by prior arrangement at gdmc’s discretion.

    2. Clients will normally be invoiced on completion of work on presentation of an invoice. For larger projects, such as website development, we will require staged payment. This would normally be three equal payments at stages to be agreed with the client. All new clients are required to pay in full prior to gdmc commencing work.

    3. Payments may be made by online transfer, cash or cheque. Publication and/or release of work undertaken by gdmc on behalf of the client may not take place before cleared funds have been received.

  4. Copyrights and Trademarks

    1. By supplying text, images and other data to gdmc for inclusion in the client's 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.

    2. Any artwork, images, or text supplied and/or designed by gdmc on behalf of the client, will remain the property of gdmc and/or its suppliers in accordance with the Copyright Act, 1978 (Act No. 98 of 1978).

    3. The client may request in writing from gdmc the necessary permission to use materials (for which gdmc holds the copyright) in forms other than for which it was originally supplied, and gdmc may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

    4. By supplying images, text, or any other data to gdmc, the client grants gdmc permission to use this material freely in the pursuit of the design.

    5. Should gdmc 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 gdmc to remove and/or replace the file on the site.

    6. The client agrees to fully indemnify and hold gdmc 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.

  5. Alterations

    1. 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 gdmc holds no responsibility for any amendments made by any third party before or after a design is published.

  6. Licensing

    1. Any design, copywriting, drawing, idea or code created for the client by gdmc, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of gdmc and any of its relevant sub-contractors.

    2. All design work - where there is a risk that another party make a claim - should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

  7. Rights of refusal

    1. gdmc 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.

    2. gdmc also reserves the right to refuse to include submitted material without giving reason.

    3. In the situation where any images and/or data that gdmc does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow gdmc to remove the contravention without hindrance, or penalty. gdmc is to be held in no way responsible for any such data being included.

  8. Cancellation

    1. Upon cancellation, the Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by gdmc, will be liable for the full quoted cost of the service contract.

  9. Duration

    1. Any indication given by gdmc of a Service Contract's duration is to be considered by the client to be an estimate. gdmc cannot be held responsible for any Service Contract over-runs, whatever the cause. Estimated Service Contract duration should be deemed to be from the date that cleared funds are received by gdmc for the initial payment or by date confirmed in writing by gdmc.

  10. Disclaimer

    1. gdmc 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. gdmc will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

    2. gdmc and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. gdmc recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.