Terms & Conditions
The following terms and conditions refer to International Brand Creators and its relationship with its clients and potential clients.
1. General Terms & Conditions of Business
1.1 Quotes & Fees
• 1.1.1. All quotes/estimates are valid for 30 days from the date of submission.
• 1.1.2. Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote or estimate may therefore be subject to change should the client’s requirements change at any time.
• 1.1.3. Unless otherwise stated, photography, stock images, delivery, copywriting and VAT will be charged extra.
• 1.1.4. If the contract or hourly price has not been fixed for the term of a contract, an hourly rate will apply.
• 1.1.5. International Brand Creators reserves the right to alter the hourly rate at any time as the business needs require.
• 1.1.6. Quotes/estimates are based on International Brand Creators’ current costs of production and unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
• 1.1.7. Any estimates given by International Brand Creators as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
• 1.1.8. Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
• 1.2.1. International Brand Creators reserves the right to sub-contract the fulfilment of an order or any part thereof.
• 1.2.2. Any images supplied electronically will be incorporated into designs without charge provided that they are of a suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop for pictures. Any logos that need to be re-drawn will be charged extra at our hourly rate. All supplied images requiring scanning or alterations to be charged per image. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.
• 1.2.3. Should the Client supply text, artwork or images, International Brand Creators is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.
• 1.2.4. International Brand Creators shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design
or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
• 1.2.5. Origination and/or conceptual work and any copyright subsisting therein shall remain the property of International Brand Creators unless otherwise agreed in writing with the Client.
• 1.2.6. The Client’s property and property supplied to International Brand Creators on behalf of the Client, while it is in the possession of International Brand Creators or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.
• 1.2.7. International Brand Creators may charge rent for storage of goods retained at the Client’s request, or items left with International Brand Creators before receipt of the order or after notification to the Client of completion of the work.
• 1.2.8. When required to expedite project delivery ahead of the time needed for proper production of a given deadline, International Brand Creators shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.
• 1.2.9. International Brand Creators shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
1.3 Invoices & Payment
• 1.3.1. Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.
• 1.3.2. All work remains copyrighted to International Brand Creators until settlement of relevant fee account.
• 1.3.3. All invoices are subject to VAT at the current rate, unless a valid exemption certificate is provided.
• 1.3.4. All payments must be in South African Rands (ZAR).
• 1.3.5. All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project.
• 1.3.6. If International Brand Creators incurs any costs as a result of the Client’s neglect or default, International Brand Creators may charge those costs to the Client in addition to the contract price.
• 1.3.7. The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. A 50% rejection fee is applicable on all designs executed by International Brand Creators should the Client cancel their contract/order.
• 1.3.8. When payment is overdue, International Brand Creators may suspend work, service and/ or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
• 1.3.9. International Brand Creators may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
• 1.3.10. If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge, for each occurrence.
• 1.4.1. Proofs, pull samples, specimens, sketches, photographs, links or any representation, whether partial or total, of the finished article in whatever form may be submitted to the Client for approval.
• 1.4.2. Colour proofing is chargeable. A cost will be sent accordingly.
• 1.4.3. After approval the Client shall have no claim against International Brand Creators for errors in the exemplar as approved by them.
• 1.5.1. If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, International Brand Creators without prejudice to other remedies shall:
• 18.104.22.168. Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.
• 22.214.171.124. In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
1.6 Force Majeure
• 1.6.1. International Brand Creators shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to International Brand Creators elect ‘to terminate the contract and pay for work done and materials used’, but subject thereto shall otherwise accept delivery when available.
1.7 Information Provided by You
• 1.7.1. You warrant that the name, address and payment information provided when you place your order with International Brand Creators will be correct and you agree to notify International Brand Creators of any changes in the name, address and or payment details.
• 1.7.2. You agree that International Brand Creators may disclose your name and address where any enquiries are made.
• 1.7.3. You warrant that you possess the legal right and ability to enter into this Agreement and to use International Brand Creators’ services in accordance with this Agreement.
• 1.8.1. You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or nonobservance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
• 1.8.2. International Brand Creators will notify you promptly of any claim for which International Brand Creators seeks specific indemnification at the currently supplied address. International Brand Creators will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to International Brand Creators’ interests, as reasonably determined by International Brand Creators and/or its legal representatives.
1.9 Limitation of Liability
• 1.9.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause.
• 1.9.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
• 1.9.3. In any event, no claim against the International Brand Creators shall be brought unless you have notified International Brand Creators of the claim within one year of the issue arising.
• 1.9.4. In no event shall International Brand Creators be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by International Brand Creators’ negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by International Brand Creators.
• 1.9.5. International Brand Creators warrants that its services will be provided using reasonable care and skill. Where International Brand Creators supplies any goods supplied by a third party, International Brand Creators does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to International Brand Creators.