the small print
Terms and Conditions of Service
Please read these terms carefully. By signing a proposal and paying the deposit, the client accepts and agrees to be bound by these terms and conditions.
1. Scope of Work & Fees
The exact project scope and deliverables will be defined in the signed proposal. Final deliverables will be provided to the client only upon receipt of the final invoice payment, unless otherwise agreed in writing.
Third-party services: All quotes exclude outsourced services, including, but not limited to, photography, copywriting, and printing. Clients are responsible for sourcing and paying for these services directly. I may recommend suppliers for convenience, but all final arrangements must be made between the client and the third-party supplier.
Agreement confirmation: Carefully review the proposal before signing and paying the deposit to ensure it accurately reflects the agreed terms. Signing the proposal and paying the required deposit confirms the client's acceptance of these terms and conditions.
2. Deposits & Payments
Deposit requirement: A 50% deposit of the total project fee is required upfront. This deposit secures the project in my schedule and allows work to commence.
Payment schedule: The remaining 50% final payment is due immediately upon project completion.
Late payments: In accordance with standard business practice, Michael Viljoen Studio reserves the right to charge interest at a rate of 2% per month on any outstanding balances that exceed 30 days past the due date.
Payment confirmation: Upon deposit receipt, I will send a confirmation and request any required project details and assets. Preferred payment method is EFT (Electronic Funds Transfer).
3. Ownership & Intellectual Property Rights
Transfer of ownership: All final artwork and deliverables become the client's property, and usage rights are granted, only upon the receipt of full and final payment.
Unpaid concepts: All drafts, sketches, and electronic files remain the property of Michael Viljoen Studio until full payment is made. I reserve the right to reuse or modify any unpaid concepts for other clients or my portfolio. Unauthorised use of any unpaid concepts will result in legal action.
Portfolio rights: I reserve the right to showcase all completed projects in my professional portfolio and on the website. If confidentiality is required, the client must inform me in writing before agreeing to the proposal.
4. Ownership of Working Files
Working files as IP: All preliminary drafts, design files, sketches, and source/working files (e.g., layered Photoshop .psd, Illustrator .ai, or InDesign .indd files) remain the sole intellectual property of Michael Viljoen Studio.
Client usage rights: The client is granted ownership and usage rights only to the final, completed output files as specified in the proposal and delivered upon receipt of full payment. These will be provided in the agreed-upon formats (e.g., .jpg, .png, .pdf, .svg).
Release of source files: Release of source/working files requires a separate, written agreement and will incur an additional licensing fee.
5. SaaS, Hosting, & Third-Party Fees
Client responsibility: Michael Viljoen Studio does not purchase or manage SaaS (software as a service) or hosting subscriptions on behalf of clients. All SaaS, hosting, and licensing fees must be paid directly by the client to the supplier.
Account setup: I can assist the client in setting up necessary accounts, but the financial payment and maintenance arrangements are the client’s sole responsibility.
6. Cancellation & Suspension
Mid-project cancellation: The initial 50% deposit is non-refundable upon project commencement. A partial refund may be considered based on the amount of work completed at the time of the client's cancellation.
Designer inability: A full or partial refund may be granted if I am unable to complete the project due to unforeseen circumstances.
Project suspension: I reserve the right to suspend or terminate a project without refund due to repeated excessive micromanagement, lack of necessary trust, or delays in payment.
7. Client Responsibilities & Disclaimers
Artwork verification: Clients must verify the accuracy of all artwork files before providing them to any third-party suppliers (e.g., printers, sign writers).
Liability: Michael Viljoen Studio is not liable for production costs, errors, or losses resulting from mistakes in final artwork files after the client has approved them for production.
Supplier recommendations: Supplier recommendations are provided for convenience only; I am not responsible for the quality, costs, or timelines of any third-party services.
Office hours: My general office hours are Monday–Friday, 8 am–4:30 pm. Response times may vary outside of these hours.
8. Company and Bank Information
Michael Viljoen T/A Michael Viljoen Studio
18 Rivers Edge Road, Table View, WC, 7441
Payments made to:
Michael Viljoen Studio
Nedbank (Cheque Account)
Account Number: 1308405391
Branch Code: 198765