Terms and Conditions

OUR TERMS AND CONDITIONS

The following Terms and Conditions of Service apply to all products and services provided by MacDonald Duncan Promotions Pty (Ltd). All work is carried out by MacDonald Duncan Promotions on the understanding that the client has agreed to our terms and conditions. Copyright is retained by MacDonald Duncan Promotions on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of MacDonald Duncan Promotions unless specifically agreed in writing.

DESIGN CHARGES

Charges for design services to be provided by MacDonald Duncan Promotions will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

DEFAULT

An account shall be considered default if it remains unpaid for 30 days from the date proofs email is sent. MacDonald Duncan Promotions shall be entitled to remove MacDonald Duncan Promotions’ and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all MacDonald Duncan Promotions’ reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

THIRD PARTY CONTRACTS:

MacDonald Duncan Promotions cannot be held responsible for any loss or damages occurring after final sent through of artwork to supplier! Please check final artwork and require proof prints through suppliers before commencing with projects.

ADDITIONS AND ALTERATIONS:

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The customer also agrees that MacDonald Duncan Promotions holds no responsibility for any amendments made by any third party, before or after a design is published.

BACKUP:

MacDonald Duncan Promotions is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted for separately if requested for by The Client.

DEADLINES:

A Note on Deadlines: MacDonald Duncan Promotions loves deadlines and we strive to hit every single one of them every time. Any indication given by MacDonald Duncan Promotions of a design project’s duration is to be considered by the customer to be an estimation. MacDonald Duncan Promotions cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by MacDonald Duncan Promotions for the initial payment or by date confirmed in writing by MacDonald Duncan Promotions.

PROMOTION:

MacDonald Duncan Promotions has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only.

DISCLAIMER

MacDonald Duncan Promotions makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MacDonald Duncan Promotions will not be held responsible for any and all damages resulting from products and/or services it supplies. MacDonald Duncan Promotions is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. 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. The customer agrees not to hold MacDonald Duncan Promotions responsible for any such loss or damage. Any claim against MacDonald Duncan Promotions shall be limited to the relevant fee(s) paid by the customer.

PAYMENT

The customer will be provided with a Proof Email, and an Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form or signify approval by email to MacDonald Duncan Promotions . Any invoice queries must be submitted by email within 14 days of the invoice date.

Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge of 8% on the outstanding amount from the date due until the date of payment. This initial 8% figure will be added upon each recurring 30 day period until the full amount has been received by MacDonald Duncan Promotions . Payments may be made by online transfer, credit card (Visa, Mastercard) or Debit Card or cash. Publication and/or release of work done by MacDonald Duncan Promotions on behalf of the client, may not take place before cleared funds have been received.

CLIENT FEEDBACK:

The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.

REVISIONS:

All projects include 3 Revision Rounds. Should extra revision rounds be required a separate quotation will be supplied accordingly. The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost

FILE FORMATS:

Fully paid for designs will be supplied to The Client in: OPEN FILE FORMAT (PSD OR AI), PRINT READY JPEG & PDF and Ms Word in case of Letterheads. Open files supplied for printing purposes only. No editing by The Client will be possible unless Adobe Photoshop and/or Illustrator is used.

ERRORS & OMISSIONS:

MacDonald Duncan Promotions is not responsible for proofreading any designs. The Client is responsible to check proofs and other deliverable carefully for accuracy in all respects, ranging from spelling to technical illustrations. MacDonald Duncan Promotions is not liable for errors or omissions. The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required on all artwork prior to release for printing, digital publication, or other implementation.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, MacDonald Duncan Promotions will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Circle Media within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

HOSTING WEBSITES

MacDonald Duncan Promotions offers a limited hosting services through an out-sourced virtual server. MacDonald Duncan Promotions does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

MacDonald Duncan Promotions may request that clients change the type of hosting account used if that account is deemed by MacDonald Duncan Promotions to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on MacDonald Duncan Promotions virtual server are due at the commencement of any period of service and are non-refundable.

Fees due to third party hosting organisations are the responsibility of the client and MacDonald Duncan Promotions are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner.

COMPANY REGISTRATION

MacDonald Duncan Promotions registers all profit and non-profit companies through the eServices and Bizportal sites oversaw by the Companies Intellectual Property Commission (herein referred to as the “CIPC”). MacDonald Duncan Promotions cannot be held accountable for any delays encountered for any type of registration, name reservation or issuing out of Memorandumof Incorporation Documents, BEE certificates or any other certificates as the turnaround time is controlled by the CIPC.

All registrations are done directly through customer’s CIPC accounts, hence no refunds may be requested from MacDonald Duncan Promotions as funds remain in the customer’s account until such time that the company is registered. The customer must provide MacDonald Duncan Promotions will four proposed names. In a case where no name (from the names sent by the customer) is reserved for the customer, the customer will be requested to be pay an extra fee for application for reservation for another name(s). MacDonald Duncan Promotions cannot be held liable for costs forfeited due to names that are rejected for reasons stated by the CIPC on the Cor.9.4.

Upon successful registration of any company, MacDonald Duncan Promotions will send all documentation as received from CIPC in PDF format and it will be the customer’s duty to print out the documents. In the event that the customer loses the documents sent to him or her, the customer will be required to pay a request fee of R30 for the reissue of the documents. It is in the best interests of the customer to familiarize themselves with their CIPC account in order to be able to update details they wish to update. The updates may include Director changes, contact details change, name changes, request of documents, etc.

Any other terms and conditions regarding registration of companies may be determined by the Companies Intellectual Property Commission and the BizPortal and they will be binding on customers of MacDonald Duncan Promotions. Clients should take note that MacDonald Duncan Promotions is not a third party of the CIPC and should not be mistaken for such. MacDonald Duncan Promotions is a party dependent on the CIPC but not a third party. MacDonald Duncan Promotions undertakes registrations through the CIPC registrations sites.