TERMS AND CONDITIONS

THE FOLLOWING TERMS constitute an agreement between you as the (“the client”) and Stylescape Creative Studio, (“we”, “us”) and contain the terms and conditions that apply to your access and use to the services provided by Us.

Please read the below terms carefully. Use of stylescapecreative.com, including all materials presented herein and all online services provided by Stylescape Creative Studio, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the site or service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

GENERAL

The Terms and Conditions herein will be valid and binding as of the date of accepting a formal quote estimate or invoice, and will continue to be valid and binding until both the client and Stylescape Creative Studio agree in writing, that services of Stylescape Creative Studio are no longer required. The below conditions will apply to all individuals, businesses or companies (“the client”) who engages the services of Stylescape Creative Studio, its contractors or sub contractors unless otherwise agreed in writing by both parties. 

Stylescape Creative Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. The following Terms and Conditions of Service apply to all products and services provided by Stylescape Creative Studio. The ideas, concepts, designs, relationships, passwords, login details and any other intellectual property which Stylescape Creative Studio accrues or obtains as a result of working with each brand/client will remain the property of Stylescape Creative Studio until such time as the client pays the full amount owed. If a choice of design is presented, only one solution is deemed to be given by Stylescape Creative Studio as fulfilling the contract. All other designs remain the property of Stylescape Creative Studio, unless agreed in writing that this arrangement has been changed.

Written approval or a signature on a document from you, as the client, or payment of an invoice issued as a result of a quote or estimate, indicates authorisation from your company to proceed with the project/s described within a project scope and deliverables as agreed in a formal quote or invoice. Your signature states that you are a legally authorised representative and are committing to pay for all fees incurred in the production of this project and that you agree to the terms laid out.

RESPONSIBILITIES (THE CLIENT)

  • To prepare a clear brief for required project of task and co-operate with the designer in all matters relating to the services and detail of the specification of the project or task.

  • Provide access to the client’s data as may reasonably be requested by the designer.

  • To provide all necessary information in connection with its goods/ services; in order to carry out the services, in a timely manner, and ensure that it is appropriately licensed, consented, permitted and accurate in all material respects. Stylescape Creative Studio shall not be responsible for any shortcomings in such information.

  • To inform Stylescape Creative Studio of any factors that will interrupt the project or task.

  • To appoint one sign-off person at the client who will be able to devote adequate time across the whole project and who’s agreement will be binding.

  • To agree on any subject matter with experts from the company who will need to be involved and ensure that they offer adequate time in accordance with the project timeline.

  • Keep within the turnaround time agreement, or accept revised time, cost and quality.

  • To agree that any changes made after deadlines dates or sign-off will incur time and cost.

QUOTATIONS

Quotations for services with Stylescape Creative Studio is generated based on the brief provided by the client and may change if additional work is required. Quotations are valid for a period of thirty (30 Days) from the date of quotation, Stylescape Creative Studio reserves the right to amend prices. No quoted service delivery dates are guaranteed and can vary. The client agrees to pay designer the fees listed in the project proposal, including other costs that may arise, such as hosting, printing, art licensing or photography, will be billed to client.

PAYMENT

All bookings for services with Stylescape Creative Studio are only confirmed when the client pays a 50% non-refundable deposit fee with the remainder balance due before any final deliverables will be released. 50% of the total fee specified will be due within 7 (seven) working days of the client receiving the quote or invoice; and the balance of the total fee, together with any other remaining payments or charges due under or in respect of such accepted estimate, within 30 days of invoice following completion of the services or delivery of the deliverables specified in such accepted estimate. Unless and/or to the extent otherwise all grants of any license to use or transfer ownership of any intellectual property rights (including but not limited to designs completed by Stylescape Creative Studio or its contractors or sub contractors) under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any charges.  

In the case of a “retainer” fee, an invoice will be generated and payment due by the 25th (twenty fifth) for the retainer month going forward. Late payments shall be subject to interest 5% per month, which interest shall be payable by The Client to Stylescape Creative Studio on demand. All amounts payable by the client to Stylescape Creative Studio shall be paid in cleared funds, free of withholding, deduction, set-off or exchange, into Stylescape Creative Studio banking account.

ELECTRONIC AND PRINT PROOFING POLICY

An approval to send an order to print is confirmation that you have reviewed the proofs/product completely, agree that all content in the proofs are correct, and hereby release Stylescape Creative Studio from liability of any content errors that should be discovered after production begins. Proofing is an important step, whether you have submitted your own artwork or Stylescape Creative Studio does it for you, it is YOUR responsibility to check for any errors prior to printing. Please carefully check spelling, phone numbers, barcodes, fonts, placement and all other details.

Electronic proofs closely represent the image, colour and text placement, but are not the exact colour. This is due to your monitor’s colour settings being slightly different than that of the designers as well as the printer’s machinery. The colours of your proofs as they appear on your monitor, are only a close representation of the final printed piece. Your monitor uses a completely different system for displaying colours (RGB) to what is used in the print business CMYK or Pantone. Colours may vary depending on your monitor’s brightness, contrast and colour adjustment settings. The image may appear larger or smaller than actual production size depending on the resolution of your monitor. Stylescape Creative Studio cannot be responsible for variances in final printed colours.

To limit any possible errors in artwork, designs will not go to production until they have been approved by the client. Stylescape creative studio will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.

PROJECT DURATION AND DELAYS

Any indication given by Stylescape Creative Studio of a design project’s duration is to be considered by the client to be estimation. Stylescape Creative Studio cannot be held responsible for any project over-runs, whatever the cause. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labour disputes, riots, terrorism and epidemics. Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by client will result in a day-for-day extension of the due date for all deliverables. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Estimated project duration should be deemed to be from the date that cleared funds are received by Stylescape Creative Studio for the initial payment.

PRELIMINARY WORK

Stylescape Creative Studio shall retain all rights in and to all preliminary works. All designer tools are and shall remain the exclusive property of Stylescape Creative Studio. All work carried out, whether experimentally or otherwise, at the client's request shall be deemed chargeable.

ALTERATIONS

The client agrees that alteration of any deliverable is prohibited without the express permission of designer and that Stylescape Creative Studio holds no responsibility for any amendments made by any third party, before or after a design is published. Stylescape Creative Studio will be given the first opportunity to make the required alterations and the changes. Any additional work required to be carried out after acceptance of the quoted deliverable ‘work will be liable to a separate charge.

CHANGES TO PROJECT SCOPE

If client wants to change the scope of work after acceptance of this agreement, the client shall send designer a written change order (detailed, in one email) describing the requested changes in detail. Within ten (7) days of receiving a change order, we will respond with a statement proposing our  availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. Stylescape Creative Studio may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. The client will have ten (7) days to respond in writing accepting or rejecting the new proposal. If the client rejects the proposal, Stylescape Creative Studio will not be obligated to perform any services beyond those in the original agreement. 

WEBSITES

Once web design is complete, Stylescape Creative Studio will provide the client with the opportunity to review the resulting work. Stylescape Creative Studio will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Stylescape Creative Studio by email. Stylescape Creative Studio will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

  1.  RIGHTS OF ACCESS FOR WEBSITE CONSTRUCTION

    The client agrees to allow Stylescape Creative Studio all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow Stylescape Creative Studio access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The client agrees to supply Stylescape Creative Studio with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

     

  2. HOSTING WEBSITES

    Stylescape Creative Studio does not offer in-house hosting services. Stylescape Creative Studio can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Stylescape Creative Studio may request that clients change the type of hosting account used if that account is deemed by Stylescape Creative Studio to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and Stylescape Creative Studio is not liable for their payment.

  3. DOMAIN REGISTRATION

    Stylescape Creative Studio cannot guarantee the availability of any domain name. Where Stylescape Creative Studio is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

  4. SEARCH ENGINE SUBMISSION

    Due to the infinite number of considerations that search engines use when determining a site’s ranking, Stylescape Creative Studio cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

    Stylescape Creative Studio its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected and will not be held responsible for any and all damages resulting from products and/or services it supplied; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements; d) Stylescape Creative Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

 

TECHNOLOGICAL ADVANCEMENTS

The client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certifcates, Email addresses and Email hosting. The client is to refer to their technical support company for queries regarding the following services and their applicable Terms and Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures. Stylescape Creative Studio holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) The Client’s email account details are obtained and used to send spam or malicious material. Stylescape Creative Studio builds and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the client’s site is “hacked” or maliciously attacked in form. Stylescape Creative Studio will not be held responsible and is not liable for any loss of income to arise from the client’s web site “going down”, being hacked or otherwise. 

THIRD PARTY RESOURCES

Stylescape Creative Studio may from time to time appoint or use the services of sub-contract and/ or third parties to perform Services or provide Deliverables (in part or in full), and usage of such services bound by their Terms and Conditions, provided that Stylescape Creative Studio shall remain the primary point of contact with the client.

The client hereby undertakes to Stylescape Creative Studio, that it shall not for the duration of this Agreement and for a 24 month period thereafter, whether directly or indirectly, nor in any capacity whatsoever, circumvent Stylescape Creative Studio by directly engaging a third party supplier appointed by Stylescape Creative Studio, to the exclusion of Stylescape Creative Studio, in connection with the Services and Deliverables. the client agrees that a breach of this provision shall constitute a material breach of this agreement, entitling Stylescape Creative Studio in its discretion, to terminate its services to the client and/or to claim damages and opportunity loss costs.

This site and the service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Stylescape Creative Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

CONFIDENTIALITY

Stylescape Creative Studio shall use all reasonable steps to minimise the risk of disclosure of confidential information. Persons required to possess any such information and who shall have access to such information, and will instruct those persons on the confidentiality of such information, ensuring that only they themselves and such of their employees and directors shall have the duty to treat the same as confidential.

OUR INTELLECTUAL PROPERTY

www.stylescapecreative.com and its services offered contain intellectual property owned by Stylescape Creative Studio, including trademarks, copyrights, proprietary information, and other intellectual property shall remain the exclusive property of Stylescape Creative Studio and its licensors. Stylescape Creative Studio’s proprietary material may not be reproduced, modified, create derivative works from, duplicated, copied, sold, resold, visited, or otherwise exploited in whole or in part whatsoever without prior written consent of Stylescape Creative Studio. Stylescape Creative Studio reserve the right to immediately remove you from the service, without refund, if you are caught violating this intellectual property policy.

TERMINATION AND EARLY CANCELLATION

Stylescape Creative Studio may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation. A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than a thirty (30) day calendar month. The Client agrees to settle Stylescape Creative Studio dues from the last date of the notice period. All accounts should be paid in full before any transfer of services will take place. This includes, but is not limited to domains, email accounts, open files and social media accounts. Any cancellation must be in writing and must be sent or delivered to Stylescape Creative Studio and shall be deemed effective only as at the date received by Stylescape Creative Studio.

INDEMNIFICATION

The client shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by the client of any of these Terms and Conditions, or any use by you of the site or service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. It is agreed that Stylescape Creative Studio or any third party suppliers, will not be held liable for any legal action or because of an alleged dispute, breach, default, misrepresentation, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images, information and work produced used upon request of the client or provided by the client.

The author of this website strives to represent the information offered here completely and correctly, to the best of their knowledge and ability and to keep it updated. They cannot accept any liability for damages that may arise from the use of the information – even if they are due to the use of incomplete or incorrect information. Any links to external websites are outside the responsibility of the author. Any liability for the content of linked sites is excluded as the author has no influence over content or design of linked sites. The content of linked pages is the sole responsibility of their operators – and no liability will be borne by the person who has linked to external publications and content. If pages that are linked to (particularly when their content changes after the links have been published) are found to contain illegal, incorrect, incomplete, offensive or immoral information and the author of this site is aware of such contents on the linked pages (or made), then the author will remove any link to such pages immediately.

In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. 

GOVERNING LAW

This Agreement, its interpretation and any other matters concerning the relationship between Stylescape Creative Studio and the client shall be governed by and construed in accordance with the laws of South Africa.

 

DISCLAIMER

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

CHANGES IN TERMS

Stylescape Creative Studio may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you means you accept these amendments. Stylescape Creative Studio reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time and will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

CONTACT THE STUDIO

If you have any questions about these Terms, please contact us at: hello@stylescapecreative.com

Last updated: 27 February 2020