Terms & Conditions
Last updated: 1st October 2020
The following Terms and Conditions provide the basis for a good working relationship between MediaNerds ("us", "we", or "our") and you, the Client.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. MediaNerds reserves the right to change any rates and any Terms and Conditions at any time, with the most recent version available at http://www.medianerds.co.za.
All work is carried out by MediaNerds on the understanding that the Client has agreed to our terms and conditions.
1. Acceptance of Quotation and Terms and Conditions
1.1 Quotations are valid for a period of 14 days.
1.2 MediaNerds will provide the Client with a formal estimate or quotation upon a project proposal.
1.3 MediaNerds will not be bound to any estimates given in conversation while discussing the scope of a project.
1.4 Upon acceptance of an estimate or quotation, a non-refundable deposit of 50% of the quoted fee will become immediately due.
1.5 Any payment made on a quotation or estimate, whether a deposit or in full, will constitute acceptance of the estimate or quotation.
1.6 Acceptance of an estimate or quotation, or any other placement of an order for design and/or any other services offered by MediaNerds, by email, verbally, in writing, or by making a payment, is deemed to be acceptance of these terms and conditions in full.
2. Client Approval and Authority
2.1 The Client will appoint a single representative of the Client with full authority to provide necessary information required by MediaNerds and to provide approvals.
2.2 The Client will be required to proofread and approve all elements of final designs. Corrections, if required, will be identified on digital proofs, artwork, or mockups, and submitted for MediaNerds to revise and resubmit for Client approval.
2.3 Authorization over email, text messages or any other form of communication including verbally, will constitute an authorization and approval.
3. Fees and Payment
3.1 Fees for design services to be provided by MediaNerds, will be set out in the written estimate or quotation that is provided to the Client.
3.2 At the time of the Client's acceptance of this estimate or quotation, indicating acceptance of the Terms and Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
3.3 Work on the project will not commence until MediaNerds has received the 50% deposit.
3.4 Once the Client has approved sign off on the final artwork, design or any other form of work, the remainder of the fees due will become payable. Full payment is required before release of final work or publishing will commence.
3.5 To supplement running costs during long-term projects that exceed 30 days, MediaNerds reserve the right to issue multiple invoices per project, or request further payment after the initial deposit, for work that has been completed.
3.6 Publication and/or release of work done by MediaNerds on behalf of the Client, may not take place before funds have cleared.
3.7 Payments are to be made by online transfer (EFT), unless otherwise agreed on.
3.8 Any bank charges incurred through payments such as cash deposits will be at the Clients expense over and above the amount due.
4. Disbursements and Additional Charges
4.1 In addition to our fees, you agree to pay either MediaNerds or the provider directly for third party charges we incur to complete your project. Third party charges may be treated as disbursements and will be billed separately. These charges will be communicated to the Client and approval will be waited on.
4.2 Wherever possible, MediaNerds will include the use of stock footage and images in initial quotations or proposals, however specific requests during the course of the project may incur additional costs. These charges will be communicated to the Client and approval will be waited on.
4.3 Charges for any additional services or work requested during the project that are over and above the estimated time or out of scope, will become fully payable at the time of the request or acceptance. These charges will be quoted on or charged for at an hourly rate.
4.4 Unless otherwise agreed upon in writing, MediaNerds will charge an hourly rate of R490.00 per hour per designer/developer working on a project or request. Work will be logged at a minimum of 30 minutes, and always rounded up to the nearest 15 minute increment.
4.5 Phone calls and meetings may also be billed should they contain any form of consultation that falls outside a current project's scope, or where further discussion is being had on work that has already been completed.
5. Travel Charges
5.1 MediaNerds may charge for travel costs should the scope of work include travel that has not been quoted on. Travel will be charged at R5.00 per km.
6. Delayed Payments
6.1 If the accounts are not paid within 30 days of their receipt, interest will be charged on the outstanding balance at the monthly rate of 5%, compounded monthly, until they are paid.
7.1 An account shall be considered default if it remains unpaid for 90 days from the date of invoice. MediaNerds are entitled to remove the Client's material from any and all computer systems and hard drives.
7.2 Removal of such materials does not relieve the Client of its obligation to pay the due amount.
7.3 Clients whose accounts become default agree to pay MediaNerds reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
8. Revisions, Additions and Alterations
8.1 The Client 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. Such additional services include, but are not limited to, changes in 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, documentation, or preparation of artwork.
8.2 Unless otherwise quoted or negotiated, projects include two rounds of revisions which constitute minor changes. Following these two revisions per project, or the specified amount, our additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
8.3 The Client also agrees that MediaNerds holds no responsibility for any amendments made to any work by the Client or any third party, before or after any work is published.
9. Supply of Content and Data Formats
9.1 Unless otherwise negotiated or our copywriting services are used, the Client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to the final format, with accuracy of content, spelling and grammar checked and little or no formatting. MediaNerds assumes all written content adheres to copyright laws.
9.2 Images are also expected to be supplied before work begins, unless by prior negotiation or if using our photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in vector files or original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). MediaNerds assumes that all correct permissions have been sought and/or royalties paid for images used.
9.3 Additional charges may apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file in a vector format. This also includes but is not limited to art direction, photography searches, media conversion, digital image processing, colour correction, alteration of images, or data entry services.
9.4 MediaNerds will not be held responsible for any work the Client later deems to be unacceptable, should the poor quality be the result of any files provided by the Client.
10. Design Project Duration and Timelines
10.1 Any indication given by MediaNerds of a design project's duration is to be considered by the Client to only be an estimation. MediaNerds cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by MediaNerds or by date confirmed by MediaNerds.
10.2 Project timelines hindered by delays in Supply of Content from the Client will be rescheduled at MediaNerds convenience.
10.3 MediaNerds reserves the right to reasonably shift your project timeline to accommodate other projects, or should another project be confirmed/booked before yours. MediaNerds will communicate these changes to the Client.
10.4 Should MediaNerds be working at capacity, new projects will be added to our waiting list and the Client will be given an estimated start and completion date.
11. Project Completion
11.1 MediaNerds considers a project complete upon receipt of the customer’s approval. Upon approval the outstanding amount becomes payable, and once the final payment has been received, any remaining work will be released or published. Any additional work will constitute a separate project and be quoted on separately or billed at our hourly rate.
12. Rushed or Prolonged Work
12.1 Any work required ahead of an agreed timeline, or any work needing immediate prioritisation for delivery in the minimum amount of time needed to complete the project, 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 MediaNerds hourly rate or project fees.
13. Backups and Storage
13.1 While we keep an archive of all final deliverables, we are in no way responsible for the safe keeping of your project once handed over. Should you require any deliverables after a project has already been delivered, these will be subject to an additional fee.
13.2 Apart from video files, we will keep all working files for a minimum of 30 days after project completion. After this period, we may delete your files at our discretion.
13.3 As videos are storage heavy, we will keep all source files for a minimum of 14 days after project completion, during which the Client may request changes at an additional cost. After 14 days, we may choose to delete all source footage while only keeping the final version of the work as a backup.
14. Copyrights, Ownership and Trademarks
14.1 By supplying text, images and other data to MediaNerds for inclusion in the Client's website, brochure or any other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.
14.2 By supplying images, text, or any other data to MediaNerds, the Client grants MediaNerds permission to use this material freely in the pursuit of the design and to utilise the designs in MediaNerds’ portfolio and marketing materials unless agreed otherwise.
14.3 Should the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow MediaNerds to remove and/or replace the file. The Client will be responsible for any additional costs that may arise.
14.4 Copyright and ownership of all creative work is retained by MediaNerds and/or its suppliers including copy, concepts, ideas, visuals and illustrations unless otherwise agreed in writing. A licence for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose, and only after all invoices have been settled.
14.5 The customer may request in writing from MediaNerds, the necessary permission to use materials (for which MediaNerds holds the copyright) in forms other than for which it was originally supplied, and MediaNerds may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
14.6 The Client agrees that MediaNerds is entitled to claim authorship of the design, and will be permitted editorial credits to MediaNerds on all published or manufactured work.
14.7 MediaNerds retains the right to:
- use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
- add your firm to our Client list; and
- use your work in design competitions, publications, exhibitions, or other promotional purposes.
14.8 If multiple design concepts are submitted, only one concept is deemed to be given by MediaNerds as fulfilling the contract, all other artwork designs remain the property of MediaNerds.
14.9 Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the Client, not MediaNerds.
15.1 Any design, copywriting, drawing, idea or code created for the customer by MediaNerds, or any of its contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of MediaNerds and any of its relevant sub-contractors.
15.2 All design work – where there is a risk that another party may make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use and legal advice sought as to its use.
15.3 MediaNerds will not be held responsible for any damages resulting from such claims.
16. Source Files
16.1 We will supply final files as appropriate, and as detailed in the job scope or request.
16.2 Charges for design work do not cover the release of our copyright design source files, including but not restricted to INDD, PSD, AI or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
17. Website Design Only
17.1 MediaNerds require that a design concept is approved by the customer before building of a site commences. A Client may use their quoted revisions during this phase, before the site is built.
17.2 Once the website is built, MediaNerds will provide the customer with the opportunity to review the resulting work. MediaNerds 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, content, structure, colour schemes or any navigation features. Any minor changes can be requested to MediaNerds via email.
17.3 MediaNerds will consider that the Client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
18. Hosting Websites
18.1 MediaNerds offers a hosting service through an out-sourced provider. MediaNerds does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.
18.2 MediaNerds may request that Clients change the type of hosting account used if that account is deemed by MediaNerds to be unacceptable because of poor service, lack of bandwidth, missing features or in any other way insufficient to support the website. Fees for hosting are due at the commencement of any period of service and are non-refundable.
18.3 Fees due to third party hosting organisations are the responsibility of the Client and MediaNerds are not liable for their payment, nor for the renewal of domain names that are not hosted with us, which are the sole responsibility of the Client / domain owner.
19. Recurring Hosting and Maintenance Fees
19.1 All website packages offered by MediaNerds include initial setup and web design, as well as hosting and limited maintenance fees for the first year. Thereafter, a reduced annual fee becomes payable for continued hosting and maintenance as indicated on quote.
19.2 Maintenance includes any bug fixes, DNS and security maintenance, resolving responsiveness issues, and minor textual changes to existing text. It does not include changes to images, content, structure, colour schemes or any navigation features.
20. Domain Registration
20.1MediaNerds cannot guarantee the availability of any domain name. Where MediaNerds is to register a domain name on behalf of a Client it will endeavour to do so but the Client should not assume a successful registration.
21. Search Engine Submission and Optimization
21.1 Due to the infinite number of considerations that search engines use when determining a site’s ranking, MediaNerds 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.
22. Rights of Refusal
22.1 MediaNerds will not include in its work, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. MediaNerds also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that MediaNerds does include in good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow MediaNerds to remove the contravention without hindrance or penalty. MediaNerds is to be held in no way responsible for any such data being included, or any loss or damages caused by it’s removal.
23.1 If a Client cancels or alters any order or part order at any time after MediaNerds has received the order then MediaNerds reserves the right to render additional costs to the date of such cancellation or alteration.
23.2 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 14 days.
23.3 In the event of cancellation, MediaNerds will retain all copyright even if the fees agreed to in advance have included the assignment of the copyright.
23.4 In the event of a partial cancellation, where the Client wishes to remove only certain services and/or products from the accepted quotation, MediaNerds reserve the right to readjust the pricing on the remaining services and/or products.
24.1 MediaNerds makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MediaNerds will not be held responsible for any and all damages resulting from products and/or services it supplies. MediaNerds is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. Any claim against MediaNerds shall be limited to the relevant fee(s) paid by the Client.
24.2 MediaNerds reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MediaNerds will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.
25.1 We will use our reasonable best efforts to guard against any loss to you caused by the failure of media, suppliers, or others to perform in accordance with their commitments, but we will not be responsible for any such loss or failure on their part, or any destruction or unauthorized use by others of your property.
25.2 MediaNerds is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by MediaNerds for errors or damages resulting from such errors.
25.3 You agree to indemnify MediaNerds, its employees, contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to MediaNerds by you, or in relation to the use by you, or anyone else, of materials produced by MediaNerds at your request.
26. Force Majeure
26.1 MediaNerds shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of MediaNerds including but not limited to pandemics, war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
If you have any questions about these Terms and Conditions, please contact us.