our standard terms & conditions


QUOTE VALIDITY

Prices are valid for 7 days from date on your quote.

LABOR

This is an estimate of the time and labor required to complete your project. Throughout the process, we will alert you to the total number of hours spent on the project by giving you a report at 75% and 100% of the estimated hours quoted above. Any labor required over the quoted amount and all communications, travel, or meetings will be billed at the hourly rate. We reserve the right to renegotiate the contract should the project go over the allotted time we’ve outlined above. This contract is a rough estimate, and if “project creep” occurs we have the right to fairly renegotiate the contract and its terms.

COPYRIGHT

The designs, original artwork, electronic proofs, print-ready PDFs, and all other files created by prettysim.pl are protected by Copyright Law and may not be reproduced, manipulated, re-worked for other purposes, edited, submitted to any contests, or shared in any manner without our explicitly written permission. We retain the right to make reproductions for our portfolio, samples, self-promotion, professional competition and review, and website even if the artwork release has been purchased.

WEBSITES

All websites designed or developed by prettysim.pl will include a small “website by prettysim.pl ” note in the footer with a link to our website. We are happy to provide a reciprocal link where appropriate. All templates, widgets, plugins and themes will be charged to the client and will as far as possible be included in the quote.  We reserve the right to renegotiate the contract should new costs become relevant and necessary.  Domain registration and hosting can be done by prettysim.pl but will be done in the client’s name, with the client’s payment details and are for the client’s costs.

OUTSOURCING

Under certain circumstances services may be delegated to another firm or independent contractor. In such a case, you agree not to hire, delegate, engage, employ, retain, secure the services of, contract with, or enlist the services of the firm or independent contractor for a period of 5 years following the date on this contract.

NONDISCLOSURE

You agree never to share any of prettysim.pl’s concepts, art, or work with outside designers, businesses, or agencies. This includes, but is not limited to, design concepts, sketches, electronic proofs, and photography.

CANCELLATION FEES

All orders are subject to cancellation fees: 100% design fee if any work has been done; 100% design plus 15% of the total production costs if the job has been sent for production but production has not yet started; 100% of the invoice amount if the job has already printed. Jobs placed on hold for over 30 days will be considered cancelled and cancellation fees will apply. If you choose to reopen the order within 30 days from the invoice date showing cancellation, the applicable fees will be credited to the completion of your reopened projects.

PAYMENTS AND LATE FEES

Final payment must be received by prettysim.pl within 7 days of the invoice date. A late fee of R250 or 1% of total invoice amount (whichever is greater) will be applied on the first day of each week past 30 days from invoice date. After 60 days of non-payment, the invoice will be forwarded to a collections agency, which will report the debt to creditors.

REFUND POLICY

All sales are final. A 6-month credit will be offered for any over payments due to a change of initial project scope.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless prettysim.pl, our independent contractors, affiliates, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including attorneys’ fees) related to any artwork or programming that you supply or approve. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us to the fullest possible extent.

RIGHT OF WITHDRAWAL

prettysim.pl’s discovery of new information, changes, or other factors could result in our withdrawal. Non-cooperation; multiple missed appointments or late payments are examples of contributing factors. Should prettysim.pl initiate the withdrawal, all fees and payments will be returned, excepting fair market value for all services/products already provided. In case of withdrawal, the hourly rate is billed for all design services already provided, rounded up to the nearest half-hour.

ARBITRATION

You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance, or breach of this agreement will be settled by arbitration to be held in Cape Town, South Africa in accordance with the rules then in effect of the Arbitration Foundation of Southern Africa. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The person signing as Purchaser below or their Company and prettysim.pl will each pay one-half of the costs and expenses of such arbitration, and each will separately pay its respective counsel fees and expenses.

ENTIRE AGREEMENT

By signing this agreement, a quote, or approving a job from prettysim.pl, you acknowledge that you have carefully read, understand and fully agree to the terms and conditions. Any details not included in writing in this agreement are not binding upon either party. Should the details of this agreement be contested and result in arbitration or litigation, the prevailing party is entitled to recovery of all reasonable legal expenses. The person signing as Purchaser will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. The laws of South Africa will govern this agreement and will have jurisdiction.

*negotiable under certain circumstances