The following terms and conditions apply to all services provided by Qpix Evolution to the Client.
Please read these terms and conditions carefully. Any use of our services implies that you have read andaccepted our terms and conditions. The agreement may only be changed or modified in writing and with theapproval of both parties.
Quotation / CE’s
Deposit & Acceptance
Quotes/CE’s & Alterations
Failed or Delayed Payments
Cancellation and re-opening of projects
Rushed or prolonged projects
Client Approval and Revisions
Scamp / Concept Phase
Source Material provided by Client
Copyrights & Usage Rights
1.1 The Client and Qpix Evolution each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and Qpix Evolution, and enforceable in accordance with these terms.
2. Quotation / CE’s:
2.1 All Quotations / CE’s are valid for 30 days, unless agreed otherwise in writing with the client.
2.2 Qpix reserves the right to alter the quote after expiry of the 30 days to accommodate for any changes in services, suppliers and/or rates.
3. Deposit & Acceptance:
3.1 A 50% Deposit and original bank proof of payment is required to start the project/s.
3.2 By paying the 50% deposit, Client accepts all terms and conditions in full and agree to comply to all terms set out on this agreement by Qpix Evolution.
4. Quotes/CE’s & Alterations:
4.1 Any revisions, additions or alterations to the original agreed Quote/CE will be billed additional in accordance to the time required.
4.2 Such additional services will include, but will not be limited to, quantity, changes to 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,Illustration, retouching, and/or preparation of work or products.
4.3 All revisions, additions or alterations to the original agreed Quote/CE must be sent in writing via email to Qpix Evolution.
5.1 A 50% deposit is required to start the project and will only be scheduled into the studio once a original proof of payment is received and/or PO is issued.
5.2 Full payment must be made within 30 days of completion of all project/s, unless agreed otherwise in writing.
5.3 Full payment must be made on completion of all retouching projects before hires images will be released without watermarks unless agreed otherwise in writing.
6. Failed or Delayed Payments:
6.1 Based on point 5.2 and 5.3, Interest will be charged on the outstanding balance at a monthly rate of 10% until payed in full, unless agreed upon, in writing on alternative payment date.
6.2 All usage rights are reserved by Qpix Evolution until the full outstanding amount has been settled.
6.3 Failure to make payment in whole or in part for any invoice issued by Qpix Evolution within the time frame specified shall constitute as a default under this agreement, and may result in one or more of the following actions taken by Qpix Evolution, including, but not limited to:
6.3.1 suspension of all services offered to client until such time as payment is made in full;
6.3.2 termination of all client services;
6.3.3 a penalty in the form of interest amounting to 10% per month or
6.3.4 any legal steps deemed necessary at Qpix Evolution sole discretion to collect outstanding amounts owed by the client, including costs incurred specifically for the purpose of collection.
7. Cancellation and Re-Opening of projects:
7.1 In the event of cancellation after the the deposit was received, Client will forfeit their 50% deposit as a cancellation fee.
7.2 In the event of cancellation after the deposit was received and project started, client will forfeit their deposit and be billed for the time spent on the project prior to cancellation.
7.3 In the event of cancellation after a PO was received, client will be liable for the full oustanding amount.
7.4 In event of cancellation of the project, all files will remain the property of Qpix Evolution and will not be released to the Client without the Client setteling the final amount outstanding. The client is prohibited to use any lowres versions of the project and/or re-briefing another artist to duplicate or copy the artwork as stipulated in the South African Copyright Act, No 98 of 1979.
7.5 The project may be re-opened and can be completed if all amounts due are payed in full. Any further requirements during or after the ‘re-opening’ of a project will be billed under a new invoice number and will be considered a new project.
8. Rushed or prolonged projects:
8.1 Any work required in advance of an agreed schedule or timeline, 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 of 50% of the hourly rate.
9. Client Approval and Revisions:
9.1 The Client will appoint a single representative with full authority to provide necessary information required by Qpix and to provide approvals in the event that the Client is not available.
9.2 The client will be required to proofread and approve all elements of final designs before artwork will be released.
9.3 Corrections, if required, will need to be submitted in writing. Corrections will be made and resubmitted to client for approval.
9.4 A written final approval is required for every project before final artwork will be released to Client or Production and or the person appointed as per point 9.1.
9.5 Qpix Evolution will take no responsibility for errors found after final approval was given from Client.
9.6 Any revisions, additions or alterations to artwork after final approval will be billed as additional services.
10. Scamp/Concept Phase:
10.1 The initial illustration, retouching or design concept is referred to ‘The Scamp Phase’. This is not the final artwork but a visual planning of the final image. This is however the best time to make any changes on the general look and feel of the image and/or concept. After the scamp has been approved, any major changes can result in starting over and will be billed extra.
10.2 The scamp phase is limited to a specific amount of hours that will be stipulated in writing based on the project. If no time has been stipulated, a maximum of 1 hour applies.
10.3 Any additional requests or changes over the estimated scamp time will be billed additional. In this instance, client will be made aware of the additional cost and an approved email is required from the client to proceed.
10.4 Only on approval of the scamp and a written go ahead is received from client, will the project be scheduled to proceed to final artwork.
11. Source Material provided by Client:
11.1 Additional cost will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. (Example: redrawing logos due to low res quality, extracting elements from PDFs or camera Raw files)
11.2 Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via USB, e-mail or Microsoft Word or Microsoft Excel) and that all photographs and other graphics will be provided physically in high quality print suitable for use in .gif, .jpeg, .png, .ai, .indd, .psd, .psb, .tiff or camera raw format. Although every reasonable attempt shall be made by Qpix Evolution to return to the Client any images or printed material provided for use in creation of the Client's project, such return cannot be guaranteed.
12.1 In those instances where client assumes responsibility for production, all relevant files will be supplied to Client via Wetransfer or Dropbox. In the event that client requests a USB, additional cost will be billed for the USB and/or delivery fees. May it be hand delivered or though a currier service.
12.2 Files over 1GB will be billed at R3 per MB per file transfer and/or download.
12.3 PDFs will be supplied to Client with final artwork, with all images embedded and font converted to outlines.
12.3.1. No open files will be shared with production houses unless instructed by client otherwise.
12.3.2. No fonts will be supplied to Production Houses or Client and must be purchased accordingly.
12.3.3 Client excepts responsibility for the end result due to using third party production houses and/or suppliers.
12.4 Qpix Evolution will be available at reasonable times to provide advice during production period and for minor modifications.
12.4.1 In the event of minor modifications , additional fees will be billed as stated in point 4.
12.5 When Qpix Evolution assumes responsibility for production, The client agrees to abide by the decisions made by Qpix Evolution to ensure quality.
12.6 Client acknowledges that production is a 3rd party service provided by Qpix Evolution. Qpix takes no responsibility for delays or errors due to the suppliers process.
13.1 The client agrees that Qpix Evolution is entitled to claim authorship of all services rendered and will be permitted to editorial credits on all published or manufactured work, unless agreed otherwise.
13.2 The client must obtain consent in writing before Qpix Evolution ‘s name is re-produced in any finished product or published material by the Client.
13.3 The client consents that all work produced by Qpix Evolution may be used on social media platforms for portfolio purposes.
14. Copyright & Usage Rights:
14.1 The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Qpix Evolution the rights to publish and use such material.
14.2 The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
14.3 The Client is further responsible for granting Qpix Evolution permission and rights for use of the content supplied and agrees to indemnify Qpix Evolution from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
14.4 Evidence of permissions and authorities may be requested.
14.5 The Client acknowledge that images supplied to Qpix Evolution for editing or creating, will automatically surrender their copy and usage rights on the image after it's been edited in accordance with the South African Copyright Act, No 98 of 1979. The images require craftsmanship beyond that of clients capabilities, therefore Qpix Evolution will be know as the "Author' off the edited and/or created image only. Client retains copy and usage right on supplied 'Raw" photography, original purchased images, and or scamps/drafts.
14.6 Qpix Evolution holds all usage rights to creative compositions, designs and/or illustrations until payed in full by the Client.
14.7 Qpix may take legal action if the edited and/or creative image is used without written consent or without usage payment.
14.8 The Client acknowledge that a usage fee may be billed for unauthorised use of the image and/or artwork.
14.9 Above copy and usage rights are not limited to photography or Illustrations, but includes all work created by Qpix Evolution.
15.1 The client will provide accurate and complete information and materials to Qpix Evolution, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (Including copyright, waiver and moral rights) in such material, to allow Qpix Evolution to use them for the project.
15.2 Qpix Evolution is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by Qpix for errors or damages resulting from such errors.
15.3 Qpix Evolution will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond Qpix control.
15.4 You agree to indemnify Qpix Evolution, its employees, contractors and suppliers against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to Qpix Evolution by you or in relation to the use by you, or anyone else, of materials produced Qpix Evolution at your request.
16.1 Qpix Evolution hereby excludes itself, its Employees and or Suppliers from all and any liability from:
16.1.1 Loss or damage caused by any inaccuracy;
15.1.2 Loss or damage caused by omission;
15.1.3 Loss or damage caused by delay or error, whether the result of negligence or other cause in the production.
15.1.4 Loss or damage to clients' artwork/photos, supplied for projects. Immaterial whether the loss or damage results from negligence or otherwise.
16.2 Qpix Evolution is not responsible, nor to be held liable, for protection or the guarantee of privacy of electronic mail or other information transferred through the Internet or any other network.
17.1 Qpix Evolution does not purchase domain names on behalf of the Client, unless agreed otherwise. Registration, Payment and renewal of those domain names are the Clients responsibility. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Qpix Evolution. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
17.2 Qpix Evolution cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17.3 In the event of late or no payment, Qpix Evolution holds the right to temporarily or permanently remove all websites from their public domains until full payment is received.
17.4 Qpix Evolution offers Wix Website design and set-up assistance. Client acknowledge that Wix is a free website builder and that no third party developer, besides those associated by Wix is used during the use of Wix or during the development of the website. All Wix T&Cs apply.
17.5 Wix does not necessarily offer co.za domains and in the event of requiring a co.za domain, a third party domain and hosting company may be needed. In the event of requiring a co.za domain from a third party:
17.5.1 Client will be required to purchase their own domain from their preferred company.
17.5.2 The third party domain will be pointed to the wix website.
17.6 Client acknowledge that their Wix website can be managed by the client once designed and published. Client will receive all log-in details to manage their own website if desired and and can see all activity and traffic on the wix dashboard.
17.7 Client may request in writing for Qpix Evolution to surrender all access to their website and have no further design or update capabilities.
17.8 Client may request training on wix management and additional fee's will apply.
17.9 All domains, registrations, monthly subscriptions and/or renewal fees are the responsibility of the Client as set out in 16.1
17.10 Websites not created in Wix will be outsourced to a developer and hosting company. Qpix Evolution will only assist in the design of the website and will only bill for the design. Any third party developers and/or hosting companies will bill the client directly for their services. Once the design is handed over to the developer, Qpix surrender all further responsibilities.
17.11 Qpix Evolution does not offer any email services, but can assist in setting up the wix mailbox at additional cost. The wix mailbox is an additional monthly fee that the client will need to add to their wix package and pay on their own accord.
17.12 Wix packages and domain information (Click Here)
18.1 Definition. "Confidential Information" means:
18.1.1 Any non-public technical or business information of a party, including without limitation any information relating to a party’s techniques, algorithms, know-how, current and future products and services, research, engineering, designs, financial information, procurement requirements, manufacturing, customer lists, business forecasts, marketing plans and information;
18.1.2 any other information of a party that is disclosed in writing and is conspicuously designated as "Confidential" at the time of disclosure or that is disclosed orally, is identified as "Confidential" at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within thirty (30) days of any such disclosure; and
18.1.3 the specific terms and conditions of this Agreement.
18.2 Exclusions. "Confidential Information" will not include any information that
18.2.1 is or becomes generally known to the public through no fault or breach of this Agreement by the receiving party;
18.2.2 the receiving party can demonstrate by written evidence was rightfully in the receiving party’s possession at the time of disclosure, without an obligation of confidentiality;
18.2.3 is independently developed by the receiving party without use of or access to the disclosing party's Confidential Information; or
18.2.4 the receiving party rightfully obtains from a third party not under a duty of confidentiality and without restriction on use or disclosure.
18.3 Obligations. Each party will at all times, both during the term of this Agreement and for a period of three (3) years after its termination, maintain in confidence all Confidential Information of the other party and will not use such Confidential Information except as expressly permitted herein. Each party will take all reasonable measures to maintain the confidentiality of such Confidential Information, but not less than the measures it uses for its confidential information of similar importance. Each party will limit the disclosure of such Confidential Information to those of its employees and contractors with a bona fide need to access such Confidential Information for a party’s exercise of its rights and obligations under this Agreement; provided that all such employees and contractors are subject to binding use and disclosure restrictions at least as protective as those set forth herein. The receiving party shall immediately return to the disclosing party all written Confidential Information of the disclosing party and any and all records, notes and other written, printed or tangible materials pertaining to such Confidential Information upon receipt of a written request from the disclosing party or within thirty (30) days after the termination or expiration of this Agreement.
If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be amended to achieve as nearly as possible the intent of the parties, and the remainder of this Agreement will remain in full force and effect.
20.1 These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Last revised: 7 April 2019