| Terms And Conditions Of Lilac Lime Studio (Pty) Ltd
Please take note of the following references for this legal document.
| Wording Reference:
Client/s – Refers to the person/company buying from Lilac Lime Studio (Pty) Ltd or hiring Lilac Lime Studio (Pty) Ltd for any type of service in the capability and capacity of Lilac Lime Studio (Pty) Ltd.
Work – Refers to any services provided by Lilac Lime Studio (Pty) Ltd.
Items/Products – Refers to any products/items sold by Lilac Lime Studio (Pty) Ltd.
| DELIVERY & DELIVERY FEES:
Each product has a lead time of 3-7 working days after payment has been received but not limited to.
If stock is available immediately the order will be sent out as soon as payment has been received and the product/item or service has been signed off by the Client.
If the Client pushes Lilac Lime Studio (Pty) Ltd to meet a deadline and the Client fails to sign off an approval provided by Lilac Lime Studio (Pty) Ltd, the Client will be liable and be held responsible for any mistakes or defects on the product/item or service rendered by Lilac Lime Studio (Pty) Ltd.
Please make sure someone is at the delivery address to collect the parcel, otherwise extra delivery costs may be charged to you.
Lilac Lime Studio (Pty) Ltd and/or the courier cannot and will not be held responsible for incorrect delivery addresses given, please make sure the delivery address is 100% correct.
| MAKING PAYMENT:
When making your payment, please be sure to use your quotation/invoice reference as the beneficiary reference. This will ensure that Lilac Lime Studio (Pty) Ltd can process your order as quickly as possible. Lilac Lime Studio (Pty) Ltd will start processing your order as soon as your bank forwards the payment to Lilac Lime Studio (Pty) Ltd. Depending on the bank, it can take up to 3 days from the time you make the payment to when it appears in our bank account.
| DEFECTIVE ITEMS, RETURNS AND REIMBURSEMENT:
If the Client is dissatisfied with their purchase due to a defect, the Client may return the item to Lilac Lime Studio (Pty) Ltd within 3 days of delivery, by the same delivery method which the parcel was received, if the product/item is not sent back within the 3 days of delivery, the Client can be charged extra delivery costs. The product/item will be repaired or replaced, depending on the situation. In the case of a damaged, defected or incorrect item having been delivered, Lilac Lime Studio (Pty) Ltd will evaluate each case and the product/item will be replaced and the new or correct product/item will be delivered.
Any products/items sent back because of an dissatisfying issue with the product/item or any other reason, can incur additional costing towards the Client, if the product is investigated and no faults were found or if the Client signed off the product/item as is.
| Design Services Agreement:
This agreement (the “Agreement”) is made on “Date” between the “Client” and Lilac Lime Studio (Pty) Ltd. In consideration of the mutual agreement made herein, both parties agree as follows:
Lilac Lime Studio (Pty) Ltd agrees to produce project materials (the “Work”) at the request of the Client for fees agreed upon in advance and delivery of the Work by an agreed-upon deadline. Lilac Lime Studio (Pty) Ltd agrees that it will be the sole author of the Work, which will be original work and free of plagiarism. Lilac Lime Studio (Pty) Ltd will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.
Lilac Lime Studio (Pty) Ltd acknowledges that it may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Lilac Lime Studio (Pty) Ltd agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Lilac Lime Studio (Pty) Ltd before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Lilac Lime Studio (Pty) Ltd can display materials and final work created for Client on the Lilac Lime Studio (Pty) Ltd website.
Client agrees to pay Lilac Lime Studio (Pty) Ltd 50% of the total project cost before any services are provided and the remaining 50% is to be paid before any workable files, products, items, but not limited to, are delivered, wherever a 50% deposit is applicable, otherwise a 100% deposit could be charged. A deposit cannot be refunded to the client. If the parameters of the Work change, or if it involves more time than estimated, Lilac Lime Studio (Pty) Ltd will inform Client and they can renegotiate the Work’s cost. Once the Work has commenced by Lilac Lime Studio (Pty) Ltd and/or the deposit or full amount of the Client’s project was paid to Lilac Lime Studio (Pty) Ltd, and any part of the Client’s project size/quantity changes to a lesser size/quantity than was agreed upon by the Client and Lilac Lime Studio (Pty) Ltd for whatever reason, no credit or refund will be given by Lilac Lime Studio (Pty) Ltd. Lilac Lime Studio (Pty) Ltd is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the Client as an independent contractor. The Client will not treat Lilac Lime Studio (Pty) Ltd as an employee for any purpose.
Both parties understand that the Client or Lilac Lime Studio (Pty) Ltd may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written cancellation, the client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Lilac Lime Studio (Pty) Ltd. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Lilac Lime Studio (Pty) Ltd retains ownership of all copyrights and original work created. If a deposit amount was paid, it cannot be refunded to the client.
| Late Payment:
Failure to make payments on time, without written prior consent by Lilac Lime Studio (Pty) Ltd, will result in the assessment of late fees for any additional processing that will be required. The late fees are as follows:
An initial late fee (10% of the amount invoiced) will be assessed if the payment is 31 days late.
An second late fee (15% of the amount invoiced) will be assessed if the account is 61 days late.
For this contract, email correspondence will be considered “written consent” for this agreement.
Failure to make payments will also subject the Client to possible legal action in order for Lilac Lime Studio (Pty) Ltd to collect on any outstanding balances. Any legal fees incurred by Lilac Lime Studio (Pty) Ltd may become the responsibility of Client.
| Timetable and Client Responsibilities:
Both Client and Lilac Lime Studio (Pty) Ltd must abide by the attached projected timetable outlined in the project milestones, unless both parties agree to changes in writing. Email correspondence between the parties constitutes “in writing” for the purposes of this contract. Client understands that all assets created by Lilac Lime Studio (Pty) Ltd will not be available for delivery or pick-up until payments are received for the projects. See project milestones timeline and payment schedule for dates if provided. Client is responsible for adhering to all deadlines set by Lilac Lime Studio (Pty) Ltd. Any delays in the project schedule by Client are billable by Lilac Lime Studio (Pty) Ltd . Lilac Lime Studio (Pty) Ltd is responsible for informing Client of all deadlines and the billable amount if the deadline is not met.
| Intellectual Property:
Client understands that all non-brand design elements are only licensed to Client for the purposes of the project and are not the property of Client. Some of the assets used in this design may have been purchased specifically for the use in this project. Any additional use by Client may be breaking the law. Client may not sell or distribute any photographs or design elements created by Lilac Lime Studio (Pty) Ltd, for any reason, without prior written consent by Lilac Lime Studio (Pty) Ltd. Brands, logos, or graphic elements created by Lilac Lime Studio (Pty) Ltd for Client are the property of the Client.
Client understands that Lilac Lime Studio (Pty) Ltd is being hired to design graphic elements. Therefore, any requests for revisions to proposed designs may incur additional billable hours. If an agreed upon number of design prototypes is mentioned in the Project Milestones, Client is entitled to requesting and seeing that number of designs. Any additional design prototype requests by Client will incur additional fees to the Client.
No revisions of Work will be done without additional costs to the Client if the Work was signed off by the Client, unless otherwise agreed upon.
| Client Approval:
Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Lilac Lime Studio (Pty) Ltd is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
| Acceptance of Terms:
Clients are liable to pay for the services rendered by Lilac Lime Studio (Pty) Ltd for the work as agreed upon. By accepting a quotation/invoice from Lime Studio (Pty) Ltd, client agrees they have read, understood, and are considered legally bonded to these terms.
Terms and Conditions last updated on 25-10-2018. These Terms and Conditions are subject to change without prior notice.