At Nikolorum Design Partners, we like to see the world in full colour, but the first step of our journey into creativity begins in black, white and grey.
Please familiarise yourself with the following:
1. We are a design studio offering services as specified in our price list.
2. For other services not offered, we work with a range of network partners who are able to provide services related to design and marketing industries, that includes: Printing; activation and display; corporate gifting; sourcing; photography, vehicle branding; copywriting; public relations; marketing; strategy; event organising; videography, social media strategy; platform management; and so on.
3. Our recommendation of the above-mentioned partner is based on the relationship, quality, and service. However, we will not be held responsible should the supplier not meet the clients’ standards and will not engage in any resulting or subsequent disputes.
LET’S GET WORKING:
4. Our staff works remotely from various locations around South Africa and the world.
5. Our core working hours are from 08h00 – 16h00 (SAST) on business days.
6. Work will normally occur during core working hours on weekdays. However, where the client requires urgent work to be done, the Service Provider will endeavor to perform the work within the Client’s time frames. Please note that priority charges may apply for work outside of our standard working hours.
7. Work priority and scheduling will be at the discretion of the Service Provider in consultation with the Client.
8. Wherever possible, electronic and telephonic channels will be used for communication and meetings.
9. Status meetings and weekly catch-ups are not charged for, however any meeting longer than 1 hour may be charged for.
10. Any meeting that requires “live design” will be charged at normal rates.
11. When submitting a brief, remember the golden rule: the more you share, the better (and faster) the result. Submitting an incomplete brief may result in an incorrect interpretation causing increased billing. We reserve the right to delay design on the brief until clarification or a new brief is received and any design furnished against an incomplete brief may be charged for.
12. The average lead-time to first proof is dependent on the size/complexity of the job and subject to studio capacity. These will be discussed on a job-by-job basis.
13. Emergency jobs are subject to studio capacity and are solely at the discretion of the business owner.
14. We reserve the right to redistribute time according to capacity and resources.
15. Our billing is calculated according to timesheets, even if you have been furnished with a cost estimate. Summary timesheets will be provided on request.
16. Priority charges may be charged.
Need it tomorrow? Any job required within 24 hours will carry a 30% surcharge.
Need it today? Any job required within 12 hours will carry a 50% surcharge.
Need it immediately? Any job required within 1 hour will carry a 100% surcharge.
These charges will be identified on the timesheets as a priority surcharge.
17. Please note that briefing a priority job in will result in the currently scheduled work being pushed out and original timings will no longer apply.
18. Scheduling of changes are subject to the same timings as new briefs. Should the changes be required within priority timings, a priority charge will apply.
19. The Service Provider confirms that it has the necessary skill and expertise to provide the Client with advice.
20. The Service Provider will endeavor to provide the best advice and recommendations based on the knowledge available at the time of the project.
The final decision will rest entirely on the Client and the Service Provider may not be held responsible for any errors arising as a result of these decisions.
21. Final colour proofs or mock-ups are available on request. The costs will be communicated once we know the final size, stock, printing process and complexity.
22. All approvals by the Client need to be done in writing.
23. Any printing or production services are available on request from our list of preferred suppliers. Many companies already have preferred suppliers and if necessary, we will liaise directly with regards to artwork format set up and final supply.
24. All pre and post-production functions are the client’s responsibility and we will take no responsibility for production outcomes.
25. We hold a Shutterstock account and are able to supply images from this library. These costs are determined by the Rand/Dollar exchange rate at the time of purchase. Please inquire about the cost per image.
26. If you have a stock library account, please inform us so we can source images from your preferred library and save costs where ever possible.
27. Free photography will be sourced where ever possible, and the designer will recommend the best photography based on search results. This may not always be free photography.
28. The sourcing and searching of photographs is a chargeable service.
CONFLICT OF INTEREST
29. The conflict of interest policy only applies to retainer or prepaid clients.
30. We reserve the right to choose which clients we service and if the decision is taken to service a competitive brand, you will be notified immediately.
31. Compliance with NDA agreements is paramount and under no circumstances will any confidential information, designs, creative development and past work be shared with other clients, past or present.
PITCHES & TENDERS
32. Client tenders: Any work produced as part of a Client tender will be billed for whether or not the Client wins the tender.
33. Nikolorum pitches: We understand the nature of a creative pitch and the risks involved. No bill will be presented if the pitch is unsuccessful, however, any work produced as part of an account pitch will remain the property of Nikolorum until paid for in full or by way of written permission from Nicole Landey. If creative work presented as a part of a pitch is used by the client without the permission of Nikolorum, the client will be charged.
34. Invoices will be presented at the end of each month referencing the purchase order number received.
35. If payment is not made timeously, the Service Provider reserves the right to suspend work until the outstanding bill is settled in full.
36. Timesheets will be kept for record purposes and are available on request.
37. Standard AA rates apply.
38. Travel to any destination, other than the Client’s primary office will be charged separately, with the starting point at the Service Provider’s offices.
39. All travel expenses need to be pre-approved by the Client.
40. All materials and intellectual property furnished by Client will remain the property of Client and will be returned upon request.
CREATIVE OWNERSHIP / INTELLECTUAL PROPERTY
41. All work produced, in any form, by the Service Provider is the property of the Service Provider until paid for in full by the client, after which the final design becomes the property of the client.
42. All designs not accepted/rejected by the Client remain the property of Nikolorum and we reserve the right to reuse any designs, or parts of a design for any future work, providing that the design, or parts of a design, are not in violation with our ethical statement or existing as part of the Client’s CI guidelines.
43. We reserve the right to display our clients’ logos and creative work for marketing and portfolio purposes, unless specified by the client in writing.
44. Any work produced by the Service Provider as per the official brief provided by the client, may not be rejected without just cause, including, but is not limited to:
a. Sub-standard production quality,
b. Failure to deliver on brief requirements,
c. Missed deadlines/delivery dates,
d. Human error on the part of the Service Provider.
45. Notwithstanding the above, the Service Provider warrants that the quality of work performed will be consistent with advertising, media, and Client standards.
46. No order, once work has commenced, may be cancelled without the Service Provider’s prior written authorization, and in such event, Client will be liable to the Service Provider for any additional costs and expenses incurred by the Service Provider and its suppliers.
47. A cancellation fee of 30% of the estimated total value including all production costs to date of cancellation will apply. In the case of a retainer, service fees are deducted on an ongoing basis and therefore any cancellation will only carry any costs over and above the design services.
48. The Client will not be held liable for any costs or fees in instances where a cancellation is caused by just cause as stated in the previous clause.
DELIVERIES & SHIPPING
49. All costs of deliveries/shipping and couriers are not included.
50. The responsibility falls on the client to insure goods in transit as Service Provider bears no liability for goods damaged or lost in transit unless such damages are caused by the Service Providers negligence or willful intent.
ACCEPTANCE OF PRODUCT
51. Work is deemed accepted by Client unless Client notifies the Service Provider in writing within five working days of delivery of products shortages, damage, or defect. If Client refuses to accept the delivery of any work, such work will be held by the Service Provider awaiting Client’s instructions for thirty days after which the Service Provider may deem the work abandoned and dispose of them as it sees fit, without crediting Client’s account.
52. The Service Provider is entering into this agreement as a sole proprietor without a VAT number.
53. In the event of any litigation arising out of this agreement, each party shall be responsible for its own costs, until a court ruling has been made, whereafter the defaulting party will be responsible for the aggrieved party’s legal costs (as ordered by the court) on the scale of attorney and client.
ACCEPTANCE OF TERMS AND CONDITIONS
54. By approving a quote and placing an order with us, you are accepting the terms and conditions as laid out above.
Please direct any queries in writing to firstname.lastname@example.org