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The Guys – Terms & Conditions
Last updated: 24 March 2024
Applies to: Photography & Videography · Website Design & Development · Branding & Graphic Design
By accepting a quotation, making payment, or engaging The Guys, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
Quotations
- All quotations are valid for 7 days from the date of issue unless otherwise stated.
- Quotations are based on the information and brief provided by the Client at the time of quoting.
- Any change in project scope, content, or delivery requirements may result in a revised quotation or additional costs.
Payments, Cancellations & Credit Notes
- A minimum deposit of 50% of the total quoted amount is required to confirm any booking or project.
- If a project is cancelled by the Client after the deposit has been paid, The Guys will issue a Credit Note equal to the full deposit amount.
Separate invoicing:
- Any work already completed prior to cancellation, including meetings, research, travel, preparation, or design work, will be invoiced separately, and that amount will be deducted from the available credit.
Conditions of credit:
- The Credit Note does not constitute a refund under any circumstance.
- The Client may use the credit towards future services, provided that:
- The services do not require The Guys to incur out-of-pocket or third-party expenses, such as printing, advertising, licensing, or hosting fees.
- Credits remain valid for twelve (12) months from the date of issue.
- Extensions beyond 12 months are at The Guys’ sole discretion.
- Clients may request a statement of account reflecting the credit balance and invoiced work.
Ownership & Usage Rights
- All creative work remains the property of The Guys until full payment has been received.
- Once paid in full, the Client receives a non-exclusive licence to use the final approved deliverables for their intended purpose.
- Editable source files (e.g. AI, PSD, INDD, RAW, CDR, or project code) remain the intellectual property of The Guys unless otherwise agreed in writing.
- The Guys reserves the right to use completed work for portfolio and promotional purposes, unless the Client requests otherwise in writing.
Use of Stock & Proprietary Images
- The Guys may use a combination of licensed stock images (e.g. from Adobe Stock) and images from our own photographic library within design or website projects.
- These images are provided as part of the creative execution only and are not included in the ownership or licence of the final deliverables.
- The Client does not pay for the use of these images unless otherwise agreed in writing.
- Should the Client later move to another designer, request a full website copy, or wish to reuse the images elsewhere, The Guys reserves the right to:
- Remove such images prior to handover, or
- Charge a separate usage or licensing fee for continued use.
- These images may not be reused, modified, or reproduced in any other form (including new websites, print materials, advertising, or social media) without prior written consent and licensing from The Guys.
- All third-party stock imagery remains governed by the licensing terms of the original supplier and may not be transferred, shared, or reused by the Client beyond the intended project.
Client Responsibilities
The Client is responsible for:
- Providing all required content, assets, and approvals within the agreed timeframes.
- Ensuring that all materials, references, or content supplied to The Guys — including but not limited to text, images, logos, artwork, maps, photographs, graphics, or design concepts — are legally owned, properly licensed, or authorised for use.
- Ensuring that any designs, reproductions, or adaptations requested from The Guys do not infringe upon any copyright, trademark, or intellectual-property rights of another party. The onus lies entirely with the Client to verify that they hold or have obtained all necessary rights and permissions for any creative work they commission.
- Acknowledging that The Guys acts in good faith on the assumption that all materials and instructions provided by the Client are free of infringement claims. Should a rights, ownership, or copyright dispute arise, the Client agrees to indemnify and hold The Guys harmless against any resulting claim, cost, or loss.
- Accepting that if a project must be delayed, suspended, or cancelled due to ownership, licensing, or rights disputes, The Guys will not be held liable for any loss. The standard deposit and credit-note policy will apply, and any work completed up to that point will be invoiced accordingly.
- Reviewing proofs carefully and providing clear, consolidated feedback in a timely manner.
- Understanding that delays in providing content or approvals may extend project timelines and increase costs.
Delivery & Revisions
- Estimated project timelines are provided in good faith and depend on the Client meeting their obligations.
- Projects include up to two rounds of revisions unless otherwise stated.
- Additional revisions or changes to the original brief will be charged at the standard hourly rate.
- Work will be released, published, or made live only once payment is received in full.
Liability & Limitations
The Guys will exercise all due skill and care in the performance of work but will not be held liable for:
- Delays caused by external factors such as load-shedding, weather, travel disruptions, or third-party services.
- Errors or omissions in content supplied by the Client.
- Software, hosting, or system failures beyond our control.
In all cases, The Guys’ liability is limited to the total amount paid by the Client for the specific project.
Photography & Videography
- Clients must ensure that the property or location is ready for photography in accordance with The Guys’ Photography Preparation Checklist (available on request or online).
- If the property is not prepared or if conditions prevent the shoot (e.g. poor weather, incomplete rooms, cluttered spaces, or non-functioning lights), The Guys reserves the right to:
- Postpone the shoot to a later date, or
- Charge an additional call-out or reshoot fee to cover time and travel.
- The Guys cannot accept responsibility for reshoots required due to:
- Unsuitable lighting conditions, mismatched bulbs, or décor issues.
- Beds, rooms, or facilities not prepared as per the provided checklist.
- Our photographers will deliver high-quality images under the conditions presented on the day.
- Reshoots requested due to property presentation (and not photographic quality) will be billed separately.
- Delivery of images and video will be via digital download or cloud storage.
Website Design & Development
- Quotations are based on the Client providing final, proofed content, including text, structure, photos, and logos (vector format preferred).
- Projects include up to two design proofs and an estimated 6–8 week turnaround, depending on project scope.
- Copywriting, editing, or re-typing content will be charged at R650 per hour unless otherwise agreed.
- Hosting, domain registration, and third-party plugin or licence fees are excluded unless specifically included in the quote.
- Once a site is live, ongoing maintenance or updates are billed separately unless part of a retainer or maintenance agreement.
Graphic & Design Work
- Includes up to two design proofs unless otherwise stated.
- Additional revisions or changes will be charged at the standard hourly rate.
- Final artwork is provided in standard digital formats (PDF, JPG, PNG, EPS).
- Editable source files remain the property of The Guys unless a buy-out fee is agreed.
Force Majeure
The Guys shall not be liable for any delay or failure to perform caused by circumstances beyond reasonable control, including illness, load-shedding, transport failure, equipment damage, or natural disasters.
Disputes
Any dispute will first be addressed through good-faith discussion and mediation before formal legal action is considered.
Acceptance
By accepting a quotation, paying a deposit, or commissioning work, the Client confirms their acceptance of these Terms & Conditions.
For any questions, please contact us by completing our Enquiry form
