Curious Lyfe E-commerce Design Terms and Conditions
1. General
1.1 These Terms and Conditions of Service ("Terms") apply to all products and services provided by Curious Lyfe and, in the event of any dispute, are governed by the laws of South Africa.
1.2 All work carried out by Curious Lyfe is based on the understanding that the client has agreed to these terms and conditions.
1.3 Copyright is retained by Curious Lyfe on all design work, including words, pictures, ideas, visuals, and illustrations, unless specifically released in writing and after all costs have been settled.
1.4 If a choice of designs is presented, and one is chosen for your project, only that solution is deemed to fulfill the contract. All other designs remain the property of Curious Lyfe, unless specifically agreed in writing.
2. Project Acceptance
2.1 At the time of proposal, Curious Lyfe will provide the customer with a written estimate or quotation by email.
2.2 A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Curious Lyfe.
2.3 Alternatively, the client may send an official purchase order or an email acknowledging acceptance of the quotation, binding the client to these terms and conditions.
2.4 The Curious Lyfe Terms & Conditions govern the job, not any conditions on the customer’s purchase order.
3. Design Charges
3.1 Charges for design services will be set out in the written estimate or quotation provided to the customer.
3.2 Upon the customer’s signed acceptance, a non-refundable payment of 50% of the quoted fee is due. The remaining 50% will be due upon completion of the work.
4. Source Files
4.1 Proofs and PDF files will be supplied as appropriate for printing.
4.2 Design work charges do not cover the release of copyright design source files. Separate quotations or ‘buy-out’ charges apply.
5. Charges for Other Services
5.1 Additional services requested during the project will become fully payable at the time of estimate or quotation acceptance.
6. Payment
6.1 An Approval Form, Proof Email, and Invoice will be provided to the customer before final publication.
6.2 Payments must be made by EFT only.
6.3 Publication/release of work may not occur before cleared funds have been received.
7. Default
7.1 An account is considered default if unpaid for 30 days from the invoice date.
7.2 Curious Lyfe is entitled to remove material until the amount due is fully paid.
7.3 Defaulting customers agree to pay all reasonable legal and accounting expenses in the enforcement of the debt.
8. Copyrights and Trademarks
8.1 The customer declares ownership of appropriate copyright and/or trademark permissions for supplied materials.
8.2 Artwork, images, or text supplied by Curious Lyfe remain its property unless otherwise agreed in writing.
8.3 The customer grants permission to use supplied material for the defined project and agrees to indemnify Curious Lyfe from any claims.
8.4 Third-party materials remain the property of the creator; ongoing fees are the client’s responsibility.
9. Alterations
9.1 Changes beyond the estimated work or agreed scope will be subject to a separate charge.
9.2 Curious Lyfe holds no responsibility for amendments made by any third party before or after design publication.
10. Licensing
10.1 Designs, copywriting, drawings, ideas, or code created by Curious Lyfe are licensed for one-time use only.
10.2 The client must register designs if there's a risk of a claim.
10.3 Curious Lyfe is not responsible for any loss resulting from claims against the client.
11. Data Formats
11.1 The client agrees to Curious Lyfe’s acceptable means of supplying data.
11.2 Text is to be supplied in electronic format; images must meet specified criteria.
11.3 Additional expenses may be incurred for services beyond standard data supply.
12. Design Project Duration
12.1 Project duration is an estimation; Curious Lyfe is not responsible for overruns.
12.2 Project duration is from the date of cleared funds.
13. Rights of Access for Website Construction
13.1 The client agrees to provide necessary access for website completion until all funds are cleared.
13.2 The customer agrees to supply necessary materials in a timely manner.
14. Design Project Completion
14.1 The design project is complete upon receipt of the customer’s signed Approval form or signoff email.
14.2 Other services constitute a separate project and may incur additional charges.
15. Website Design Only
15.1 Template approval is required before website coding commences.
15.2 Changes to approved templates may incur additional charges.
15.3 Once web design is complete, the customer has 14 days for minor changes at no extra cost.
15.4 Acceptance is assumed if no changes are received in writing within 14 days.
16. Domain Registration
16.1 Curious Lyfe cannot guarantee domain name availability.
16.2 Clients are recommended to use professional domain registration services.
17. Search Engine Submission
17.1 Curious Lyfe cannot guarantee specific search engine placement.
17.2 Clients are recommended to use professional SEO services.
18. Design Credits
18.1 The customer agrees to allow Curious Lyfe to place a credit on materials and a link on the customer’s website.
18.2 Curious Lyfe may showcase designs on its website and in its publicity.
19. Rights of Refusal
19.1 Curious Lyfe will not include immoral, offensive, obscene, or illegal content in its designs.
19.2 Curious Lyfe reserves the right to refuse submitted material without giving a reason.
20. Cancellation
20.1 Orders may be canceled in writing within 14 days; the full quoted cost applies after this period.
21. Disclaimer
21.1 Curious Lyfe makes no warranties for products and services.
21.2 Curious Lyfe is not responsible for any loss, consequential loss, or non-delivery of products or services.
21.3 Claims against Curious Lyfe are limited to the relevant fee(s) paid by the customer.
22. General
22.1 These Terms supersede any previous versions.
22.2 Curious Lyfe reserves the right to change rates and Terms at any time without prior notice.
23. Acceptance of Terms and Conditions and Quotation
23.1 Placing an order is deemed acceptance of these terms and conditions.
23.2 An estimate validated by the customer constitutes acceptance and forms a contract.
24. Acceptance of Terms and Conditions and Quotation (cont.)
24.1 The placement of an order for design or any other services offered by Curious Lyfe, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions.
24.2 An estimate validated by the customer’s signature or email constitutes acceptance of the estimate or quotation and forms a contract for business between the signatory and Curious Lyfe.
25. Rights to Use Customer's Name
25.1 Curious Lyfe reserves the right to use the customer's name or company name in its marketing materials and portfolio.
25.2 The customer may request, in writing, not to be included in Curious Lyfe's marketing materials, and Curious Lyfe will honor such requests.
26. Confidentiality
26.1 Curious Lyfe and the customer agree to keep confidential any proprietary or sensitive information disclosed during the course of the project.
26.2 This confidentiality obligation continues even after the termination of the business relationship.
27. Force Majeure
27.1 Curious Lyfe shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, power outages, or natural disasters.
27.2 In the event of a force majeure, Curious Lyfe will make reasonable efforts to resume normal operations as soon as possible.
28. Governing Law and Jurisdiction
28.1 These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of South Africa.
28.2 Any legal action or proceedings related to these Terms shall be brought exclusively in the courts of South Africa.
29. Entire Agreement
29.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
29.2 Any modifications or amendments to these Terms must be in writing and signed by both parties.
30. Severability
30.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
31. Waiver
31.1 The failure by either party to enforce any provision of these Terms shall not be construed as a waiver of such provision or the right to enforce it.
32. Relationship of the Parties
32.1 Nothing in these Terms shall create a partnership, joint venture, agency, or employment relationship between the parties.
32.2 Neither party has the authority to bind the other or incur obligations on the other’s behalf without the other party’s prior written consent.
33. Notices
33.1 Any notices or communications required or permitted under these Terms shall be in writing and delivered to the addresses specified in the estimate, quotation, or other written agreement between the parties.
34. Survival
34.1 The rights and obligations contained in Sections 2 (Project Acceptance), 8 (Copyrights and Trademarks), 10 (Licensing), 11 (Data Formats), 14 (Design Project Completion), 18 (Design Credits), and 20 (Cancellation) and any other provision that by its nature should survive, shall survive the termination or expiration of these Terms.