1.1. Except for the retained rights described in the paragraph below, all services provided and all materials Voke Design produces on your behalf will become your property upon full payment of our invoices.
1.2. Voke Design retains the right to:
1.3. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain Voke Design’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, or any other document) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
2.1. The Client and Voke Design each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Voke Design, and enforceable in accordance with its terms.
3.1. The Parties agree that this agreement represents the entire agreement between the Client and Voke Design, and may only be changed or modified in writing and with the approval of both parties.
4.1. Neither the Client nor Voke Design may assign or transfer their interest in this agreement without the written consent of the other.
5.1. The client can expect a one to two weeks lead time before new projects will kick off. The lead time may vary based on Voke Design’s capacity. Refer to 8.1 in the case of requiring rushed work.
5.2. Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
6.1. In addition to our fees, the client agrees to purchase any and all third-party assets and/or licences required to complete any project. The client agrees to take full responsibility to purchase the correct third-party assets and/or licensing as per prior agreement.
7.1. Any revisions, additions, or alterations to the project modifying the terms of the agreement of the Project Scope and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.
8.1. Any work required in advance of schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate, which will be determined based on the level of reasonable request and Voke Design’s available capacity.
8.2. Any such request stated above shall be submitted within a reasonable notice period subject to the nature of the project and the amount of work to be completed, but shall not be less than 2 weeks.
9.1. Changes, if required, will be identified via email and described in best efforts in full detail and specificity.
9.2. The first phase of a project allows for two rounds of changes. All other deliverables/phases allow for a single round of changes. Additional rounds of changes will be at an extra cost.
9.3. One round of changes will include all change requests within a single interaction via email. Change requests discussed via video call will not be treated as final requests before being confirmed via email.
9.4. Approval is required for each deliverable and/or phase before Voke Design can proceed with the next deliverable and/or phase. Changes to approved deliverables and/or phases or anything solved in a previous phase will be charged for based on efforts required to apply changes and the application to the rest of the project.
9.5. Any changes after project closure will be treated and charged for as a separate project.
10.1. The Client will appoint a single representative of the Client with full authority to provide the necessary information and content required by Voke Design and to provide feedback and approvals.
10.2. The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released.
10.3. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorised by the Client to approve artwork for release and production.
10.4. Feedback and approval is required within 3 business days.
10.5. No response from the client over 5 business days without prior notice will be identified as client delay and will affect delivery dates.
11.1. Additional charges will apply when materials are submitted by the Client in a form or file format that prevents them from being readily used and applied to recognized professional standards. Examples would be to recreate a low-resolution logo image file into a vector file.
12.1. In those instances where the Client assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by Voke Design prior to use. Voke Design shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (rates will apply).
13.1. Quotes and proposals expire after 30 days of issue. A new quote/proposal will be issued upon request. Cost may vary from the original quote/proposal due to fluctuating capacity, available resources or rate increases.
13.2. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:
13.3. Deposits are non-refundable.
13.4. Deposits expire after 60 days of no communication from the client without prior notice of the expected kick-off date of the project.
13.5. After 30 days of no communication from the client without prior notice, the project will be considered closed and full payment will be due.
13.6. The client is not permitted to withhold payment for any reason.
13.7. Voke Design’s accounts are due and payable upon receipt. If our accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 10%, compounded monthly, until they are paid.
13.8. Voke Design has the right to withhold deliverables if the client has not paid outstanding bills.
14.1. The Client agrees that Voke Design is entitled to claim authorship of the design, and will be permitted credits to Voke Design on all published, broadcasted or manufactured work. The Client must obtain Voke Design’s consent in writing before Voke Design’s name is reproduced in any finished product or other published material by the Client.
15.1. The Client may provide Voke Design with a number of samples or photographs of each printed or manufactured design. These samples will represent the highest quality of work produced.
16.1. This agreement may be terminated in writing if either the Client or Voke Design commits a breach and fails to remedy the breach within 14 days of receiving written notification from the other party specifying the breach and requiring its remedy.
16.2. This agreement may be terminated for any reason by either the Client or Voke Design if written notification is provided within 30 days.
16.3. On termination of a project, or any part of it, for any reason, the Client will pay Voke Design for the work completed to date, along with all expenses incurred on the project.
16.4. Termination of a project, at any stage of the project, will not result in any deposit refunds.
16.5. In the event of termination, Voke Design will retain the intellectual property and ownership over all parts of the project even if the fees agreed to in advance have included the assignment of the copyright.
17.1. The Client will provide accurate and complete information and materials to Voke Design, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow Voke Design to use them for the project.
17.2. Voke Design is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Voke Design for errors or damages resulting from such errors.
17.3. Voke design will not be responsible for loss of profit, business or reputation of the client.
17.4. Voke Design is not responsible for problems caused by third parties, such as printing or postal delays, or for delays in delivery caused by events beyond Voke Design’s control.
17.5. The client agrees to indemnify Voke Design, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to Voke Design by you or in relation to the use by you, or anyone else, of materials produced by Voke Design at your request.
17.6. All indemnification obligations shall survive the termination or expiration of our services.
18.1. This agreement and all terms and conditions will be governed and construed in accordance with the laws of South Africa.
By agreeing to work with Voke Design, you are agreeing to these terms and conditions.