This agreement is between Innovative Marketing SA™️ and Esmari van der Merwe - ( Gear a Boy )
If you have any questions about what is outlined here, please be sure to pop me an email! I’d be happy to discuss further.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s to expect, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In short, You Esmari van der Merwe - Gear a Boy - (“You”), are hiring us Innovative Marketing SA™️ (“We or Us”) to complete the following project: Logo and Brand Guide Development, for the total price of R 5,159.00.
As soon as this signed agreement is received, we will invoice you and schedule the project in once payment has been received.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Projects are paid upfront to Innovative Marketing SA™️ before the project commences. Standard rates have been quoted on. Should any projects go over the allocated times an additional amount of R 490 will be charged. Final feedback to complete a project needs to be received within 20 working days from the last correspondence. Thereafter the project will be noted as dormant and will be requoted on to complete.
We issue invoices electronically. Our payment terms are that payments are done within days by EFT. Late or non-payments will result in the account being placed on hold and the project will need to be requoted on. All proposals are quoted in SOUTH AFRICAN RANDS and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds or deposit fees. The appropriate bank account details will be printed on our electronic invoice. Payments are non-refundable.
Gear a Boy understands that Innovative Marketing SA™️ is not an employee and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. Due to the virtual nature of the partnership, Gear a Boy understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Innovative Marketing SA™️ in a timely manner. Gear a Boy understands that Innovative Marketing SA™️ is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of Gear a Boy's will not constitute an emergency for Innovative Marketing SA™️. Gear a Boy understands that Innovative Marketing SA™️ may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality of work.
For any discussions, we suggest online meetings via your preferred platforms (WhatsApp, Zoom, Skype etc) to be utilised.
OFFICE HOURS & COMMUNICATIONS
Office hours are Monday through Friday, 9:00 am to 03:00 pm. Email and ContentCal are the main sources of communication between Gear a Boy and Innovative Marketing SA™️. Innovative Marketing SA™️ is available for phone calls ONLY during office hours. However, the time of both parties must be respected, and unplanned calls lasting over 10 minutes will be billed to Gear a Boy. Telephoned or video meetings must be prescheduled no less than 24 hours prior. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed R350 to Gear a Boy.
GRAPHICS AND PHOTOGRAPHS
Basic artwork is included. The project does not include photography – Images need to be supplied where necessary. Should additional photography be required we will be able to facilitate through our partner photographer at an additional charge.
You should supply logos in an editable, vector digital format. If you have a brand guide, that would be even better! Should you require a brand guide, please discuss options with us.
Although we will give you guidance and walk you through the content, you will be required to provide all the text. Please make sure that the text is written and capitalised the way you want it. e.g. if it is written in ALL CAPS, we will presume that you want it added like that or else, we will have to charge extra for editing it for you. We are not responsible for correcting grammar or typos but will provide guidance where possible.
APPROVAL OF ARTWORK
On receipt of Gear a Boy's approvals on text documents, artwork, design concepts, strategies, campaigns and other elements related to that specific project, the received Gear a Boy's approval will be considered binding on the final rendering of the project that has been signed off and agreed upon. Innovative Marketing SA™️ shall not enter into any negotiations regarding alterations/amendments thereafter. Should additional alternations/amendments be requests after the client's approval have been received it will be viewed and treated as a new project and quoted/charged for accordingly.
CHANGES AND REVISIONS
We don’t want to limit your ability to change your mind. The price for your project e is based on the number of hours we estimate we’ll need to accomplish everything we need to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional revisions.
FULL ONE MONTH (30 DAYS) AFTER THE FIRST SIX MONTHS OF THE ANNUAL CONTRACT EFFECTIVE FROM 1ST OF NEW MONTH.
Should the account be dormant for longer than the duration of 4 weeks a once-off reactivation fee of R1,000 will be processed.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
INTELLECTUAL PROPERTY RIGHTS
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case, whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsists or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. All content produced including strategies falls under Innovative Marketing SA™️ trademark and may not be used outside of our contract period without written consent. If this happens, legal action may result.
DISPLAYING OUR WORK
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Approved by CLAUDIA SHERRIN and on behalf of Innovative Marketing SA™️
Please type your full name below, and sign in the large box underneath using your stylus, your mouse, or your finger to authorise the contract. By electronically signing this document, you agree to the terms as mentioned above. After the document is signed, you can proceed to print it.
Signed by Esmari van der Merwe on Tue Oct 19 2021 11:19:58 GMT+0200 (South Africa Standard Time)
IP Address: 126.96.36.199