Terms and Conditions

Effective from 1 January 2026

1. Introduction

These Terms and Conditions ("Terms") govern all graphic design services provided by Harrow Vale, a design studio operating in South Africa ("Designer", "We", "Us", "Our"). By engaging Harrow Vale for design services, you ("Client", "You", "Your") agree to be bound by these Terms.

These Terms constitute the entire agreement between the Designer and Client relating to the subject matter and supersede all previous communications, representations, and agreements.

2. Services and Scope

The Designer will provide graphic design services as specified in the Project Proposal or Statement of Work ("Brief"). The scope of work is limited to the deliverables, revision rounds, and timelines outlined in the Brief.

Any changes to scope, additional deliverables, or expanded revisions requested beyond the Brief will be treated as change orders and may incur additional fees.

3. Intellectual Property Rights

Ownership and Use Rights:

  • Upon full payment, all completed design work, deliverables, and final artwork shall transfer to the Client for use in the specified purpose.
  • The Client receives a non-exclusive, perpetual license to use the designs for the business purpose outlined in the Brief.
  • The Designer retains the right to display the completed work in the portfolio and case studies with the Client's permission.

Designer Ownership:

  • The Designer retains ownership of all preliminary sketches, concepts, mockups, and design processes not delivered to the Client.
  • The Designer retains ownership of all tools, methodologies, templates, and systems developed in the course of the work.
  • Third-party software, plugins, fonts, and stock assets remain subject to their original licensing agreements.

Restrictions:

  • The Client may not resell the designs as original work or claim designer credit.
  • The Client may not transfer the designs to another designer for modification without Designer's written consent.
  • The Client may not use the designs for competing businesses or unrelated purposes.

4. Payment Terms

Invoice and Payment: Invoices are issued upon project commencement or as specified in the Brief. Payment terms are NET 7 days unless otherwise agreed in writing.

Payment Methods: The Designer accepts bank transfer, credit card, and other agreed methods. All payments must be made in South African Rands (ZAR) unless otherwise specified.

Late Payments: Invoices not paid within the agreed timeframe may incur a late payment fee of 1.5% per month (18% per annum) or the maximum allowed by South African law, whichever is lower. The Designer reserves the right to suspend work on the project until payment is received.

Refunds: No refunds are provided for completed work. If payment is disputed, the Designer will not release final files until the matter is resolved.

5. Design Process and Revisions

The Designer will provide design concepts and revisions as outlined in the Brief. The number of revision rounds is fixed and specified in the project scope.

Revisions: Reasonable revisions addressing the Designer's concept are included within the agreed revision rounds. Revisions that materially change the direction, scope, or concept may be charged as additional work.

Feedback: Clear, constructive feedback accelerates the design process. Vague or conflicting feedback may result in delays. The Designer is not responsible for delays caused by delayed or unclear Client feedback.

Final Sign-Off: Once the Client approves designs in writing, no further revisions are provided without an additional fee.

6. Client Responsibilities

  • Content Provision: The Client is responsible for providing all text, images, logos, and brand materials on time. Delays in content provision may delay project completion.
  • Copyright and Clearance: The Client warrants that all provided content (text, images, logos, names, trademarks) does not infringe third-party intellectual property rights. The Client is liable for any copyright or trademark infringement claims arising from Client-provided materials.
  • Decision-Makers: The Client will designate a single point of contact to make decisions and provide feedback, ensuring clarity and preventing delays.
  • Accuracy: The Client is responsible for reviewing all proofs and approving final designs for accuracy, spelling, and compliance with regulations. The Designer is not responsible for errors in Client-provided content.

7. Timelines and Delays

The Designer will work toward timelines specified in the Brief. Timelines are estimates based on agreed scope and timely Client feedback. Delays caused by Client feedback, late content provision, or scope changes may extend timelines.

The Designer is not liable for delays caused by circumstances beyond the Designer's control, including internet outages, software failures, or unforeseen personal circumstances.

8. Confidentiality

Both parties agree to maintain confidentiality of commercially sensitive information shared during the project, except as required by law. The Designer may share Client work in portfolio and case study contexts with Client permission.

9. Cancellation and Refund Policy

If the Client terminates the project before completion, the Designer will invoice for all work completed to date, including design time, rounds completed, and deliverables provided.

No refunds are provided for completed work. If payment for services rendered has been received, it will not be refunded upon project cancellation.

10. Liability and Disclaimers

Design Quality: The Designer provides professional design services based on industry standards. The Designer does not guarantee specific business results, leads, sales, or market response resulting from the design work.

Third-Party Materials: The Designer uses fonts, stock images, and design resources from licensed third-party providers. The Client agrees to comply with the licensing terms of these resources.

Limitation of Liability: The Designer's liability for any claim arising from the design services is limited to the total fees paid by the Client for the project, or the portion of fees related to the disputed work.

11. Use of Designer's Work in Marketing

The Designer retains the right to display completed work in the Designer's portfolio, on the Designer's website, in case studies, on social media, and in marketing materials, provided appropriate credit is given and business-sensitive information is not disclosed.

If the Client prefers their work not to be displayed publicly, this must be specified in writing at project outset and may affect project pricing.

12. South African Legal Compliance

These Terms are governed by the laws of the Republic of South Africa. Both parties consent to the jurisdiction of the South African courts.

Both parties acknowledge their responsibilities under South African consumer protection law (National Credit Act, Consumer Protection Act) and intellectual property law (Copyright Act, Trademarks Act).

13. Dispute Resolution

Any disputes arising from these Terms or the design services will first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes may be escalated to mediation or legal proceedings under South African law.

14. Changes to Terms

The Designer reserves the right to update these Terms at any time. Changes will be effective upon posting to the website. Continued engagement with the Designer following changes indicates acceptance of the updated Terms.

15. Contact Information

For questions about these Terms or the Designer's services, contact Harrow Vale via the inquiry form on the website or through the contact details provided.

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