Terms & Conditions
Below are Sparkle Marketing Consultancy (SMC), (we, us, the designer, marketing consultancy) standard terms and conditions. It is vital that you (The User, The Client) please take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you commence any project with SMC. Please also note that from time to time SMC may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions on this page.
As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this website without our express prior written consent.
Commencement of Work
These Terms and Conditions govern your access and use of the Sparkle Marketing Consultancy website. By accessing or using the SMC website you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of SMC website. Agreement to work with, and submission of a work request, social/digital media monthly contact to be signed and payment of a deposit to Sparkle Marketing Consultancy constitutes agreement to these terms and conditions.
SMC 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 SMC including but not limited to strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, theft, vandalism, accidents of any kind.
General Payment
"The Client" agrees to pay a 50% deposit of the quoted amount to commence any strategic marketing efforts, project & event design project, event & project management, corporate gift or point of sale project, conventional media; with the balance payable prior to delivery or completion of the project. Once research, resources allocated or items purchased and work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by "The Client" this deposit is non-refundable. SMC endeavours to provide strategic brand plans, management and premium corporate gifting services that meet and exceed a client's needs and expectations, but in the event of a "change of mind" (after a project has commenced) by "The Client", the initial 50% deposit is forfeited, plus a prorata payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, "The Client" agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
All printing accounts must be settled in full prior to the release of the files to the printer.
Accounts which are not paid COD will incur a late administration fee or remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each week payment is outstanding. If you are having difficulty paying your invoice, please get in touch as soon as you are aware of the issue, so we can discuss a solution that works for your company.
Digital/Social Media Monthly Package Payments
Digital/Social Media Monthly Packages are invoiced monthly at R1400 or R1700 dependant on the package chosen per month, for 6 months and is payable by 5th of each month. While we take care to give your business the best possible digital plan and linking of all platforms. We cannot guarantee results of the social plans and targets.
Fees for Service
It is agreed that the fee for service shall be the quotation provided via email, it will be valid for 14 days, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quotation, "The Client" agrees to pay appropriate fees for the excess the scope of work, outside the scope of the original agreement. Where ever possible the client will be notified of increases in the scope of the project.
Excess Work
This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of "The Client".
From time to time "The Client" will require extra design requirements during a project, or extra items upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.
Publication and/or release of work performed on behalf of the client by "Sparkle Marketing Consultancy" may not take place before cleared funds have been received.
Approval Of Final Artwork/ Strategic Marketing Plans
While Sparkle Marketing Consultancy takes all care to avoid errors, SMC accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. "The Client" to proof read and approves all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by "The Client's" proof reading.
Variations
With all printing and manufacturing there may be some colour variations from what you have seen on screen, to what the final product looks like, and previous orders. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at the expense of Sparkle Marketing Consultancy.
Copyright
Sparkle Marketing Consultancy retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of SMC. SMC may still use paid-for concepts in its promotional materials and in its website work showcase portfolio, in print or digital media portfolios, social media and blogs. Unless the client requests otherwise, SMC retains the right to display a small by-line claiming design credit on works it produces, except for corporate stationery.
Sparkle Marketing Consultancy reserves the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Goodwill
This proposal assumes goodwill from both SMC and "The Client" regarding: What can reasonably be achieved in a given time frame and budget. Making best use of resources to achieve the most effective outcomes.
Termination Policy
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Sparkle Marketing Consultancy. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by SMC and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of R450 per hour.
If a project is cancelled by SMC, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and project plans shall be returned and retained by the Sparkle Marketing Consultancy.
Alterations to Original Work
Once a project is complete, SMC will provide the customer with the opportunity to review the resulting work. SMC 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 concepts outlined. SMC 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. An hourly fee after this time for tweak and amendments is payable of R450.
Confidentiality
It is agreed that "Sparkle Marketing Consultancy" shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of "The Client" or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of "The Client".
"Sparkle Marketing Consultancy" aim for complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict SMC guidelines of professional behaviour and ethics.
Disclaimer
Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Sparkle Marketing Consultancy Graphic Design Studio take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Sparkle Marketing Consultancy cannot be held responsible for variations between expectation and outcome.
All information contained in this website is intended for general information purposes only. The information is provided by SMC. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. SMC will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Sparkle Marketing Consultancy has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.
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