These Terms and Conditions apply to the Company and all of its contractors and subsidiaries. Pasculus Creative and the Client will attend an initial consultation at no charge to the Client. This can be held virtually or in person.
Except for the retained rights described in the paragraph below, all services provided and all materials Pasculus Creative produces on your behalf will become your property upon full payment of our invoices.
Pasculus Creative 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
Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission will remain Pasculus Creative’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recording, photographs, banners, company profile, business cards, etc. The material may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
The client agrees to provide Pasculus Creative with a full design brief comprised of the specific copy, images and information required to create your artwork or to advise us as to where we can locate such materials. Pasculus Creative accepts no responsibility for your site not being put live or artwork not being done by a specific date if unable to secure necessary and/ or suitable information and or materials from the client.
The client agrees to allow Pasculus Creative to place a small credit on printed material exhibition display, advertisement and or a link to Pasculus creative’s own website on the customer’s website. This will normally be in the form of a small logo or line of text placed towards the bottom of the page. The client also agrees to allow Pasculus Creative to place designs on Pasculus Creative’s own website and social media for demonstration purposes and to use any designs in its own publicity. This includes cancelled projects, and projects not finalized within a 90 day period.
If Pasculus Creative Has provided the client with a proof, you agree to the design and contents of the printed/digital document as depicted in the proof. By approval via email, the client absolves Pasculus Creative of all liability for any errors, omissions or discrepancies which may be present on the proof. Once the final proof is supplied the client may not be able to make changes to the final artwork nor be able to hold Pasculus Creative responsible for anything you are not happy with.
If a change is requested, Pasculus Creative will do everything to make the correction before the printing starts, but we cannot guarantee this. Pasculus Creative accepts no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability. Any changes made after a proof is signed off will result in extra charges.
All estimated prices quoted, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for and charged accordingly. Deliveries and couriers are additional.
All work is billed on completion of project stage, or the relevant hourly charge as previously agreed. Any additional work, revisions or variations outside of the original Design Brief will be charged at the rate of R550 per hour.
Additional expenses will be charged accordingly. Whilst every effort will be made to achieve agreed delivery, the Company cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Company’s control.
It is the responsibility of the Customer to inform the Company in writing of any changes of address (whether this be registered, invoicing and/or delivery address
For all new Customers, payment for the full or part amount will be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, the Company must receive full payment not later than 14 days after the date of Invoice.
The Company reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time. Customer credit screening may affect any subsequent credit agreement.
Pasculus Creative reserves the right to invoice for any disbursements for part works carried out including third party costs incurred on a project should the project be unable to be completed for any reason or has been delayed/put on hold by the Customer for a period of 4 weeks or more then stage invoicing will occur.
The client agrees not to employ Pasculus Creative’s personnel during the tenure of the contract and for a subsequent period of two years from the date of its termination.
Pasculus Creative will not include in its designs, 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. Pasculus Creative also reserves the right to refuse to include submitted material if it is inappropriate. Any images and/or data that Pasculus Creative does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Pasculus Creative to remove the contravention without hindrance, or penalty. Pasculus Creative is to be held in no way responsible for any such data being included.
Quotations are generated by Pasculus Creative on the basis of the Design Brief and expected time investment. Quotations may be subject to change if additional work is required. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.
The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.
Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks
The Client will appoint a single representative of the Client with full authority to provide necessary information required by Pasculus Creative and to provide approvals.
The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released.
Corrections, if required, will be identified on proofs, artwork, or digital proofs and submitted for Pasculus Creative to revise and resubmit for client approval.
Final approval is required on every project in writing via email. Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per
60% deposit upon contract acceptance 80% deposit for print Balance due upon completion of the final design (before delivery)
If the Client requests the cancellation of a Contract, Pasculus Creative will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.
A termination notice can also be served at any time before the end of the term of this contract by either party sending the other a written notice. The termination period shall be no less than thirty (30) days.
The Client agrees to settle Pasculus Creative’s dues from the last date of the notice period. Any cancellation must be in writing and must be sent to Pasculus Creative and shall be deemed effective only as at the date received by Pasculus Creative.
These include a recalculation of the fees based on the new delivery period and the delivered scope of work. All ideas, designs, concepts, original compositions, finished advertisements, radio and television commercials and all other works and material prepared or acquired by Pasculus Creative will be assigned and given to The Client after termination of contract and settlement of all payments to Pasculus Creative due for services actually performed, and subject to the terms of any license or permission pursuant to which Pasculus Creative may have obtained the use of such material and to such material being in the public domain.
This contract and any other matters concerning the relationship between Pasculus Creative and the client shall be governed by and constructed in accordance with the law of The Republic of South Africa.