OUR TERMS OF SERVICE

Ginosko Creative Studio Terms of Service

Terms of Service

Last updated: February 05, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions
Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ginosko Creative Studio.
  • Country refers to: South Africa
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Ginosko Creative Studio, accessible from http://ginosko.co.za
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

By using GINOSKO CREATIVE STUDIO website (www.ginosko.co.za), design services and/or submitting a project via email, phone or in person, to GINOSKO CREATIVE STUDIO you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please familiarise yourself with our TERMS AND CONDITIONS before submitting an order for artwork, logo design or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use GINOSKO CREATIVE STUDIO design services, studio or web site(s). By submitting a project via our web site, or by delivering a EMAIL order, or SOCIAL MEDIA REQUEST for THE PROJECT, you agree to these terms, and you fully accept our terms and conditions.

In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of logo/artwork concept(s) presented to THE CLIENT by GINOSKO CREATIVE STUDIO. as part of THE PROJECT. In the context of these TERMS AND CONDITIONS, design revisions (“REVISION(S)”) shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (“FINALS(S)”) shall refer to the artwork and/or logo design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).

Starting a new design project.

GINOSKO CREATIVE STUDIO will begin the creation of a visual identity logo design (THE PROJECT) upon receipt of a deposit fee from THE CLIENT that equals no less than 50% of the full billable amount. GINOSKO CREATIVE STUDIO requires a signed DESIGN AGREEMENT FORM; this outlines the project, what’s needed and been discussed. This must be signed before the start of the project.

Completion of a design project.

Upon completion of THE PROJECT, THE CLIENT agrees to pay the remaining balance of the project fee within five business days. Upon receipt of this balance, GINOSKO CREATIVE STUDIO agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to the method of transmission. GINOSKO CREATIVE STUDIO will transfer ownership of copyright to the client, in writing, at that time. GINOSKO CREATIVE STUDIO retains the right to utilise ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other, not-for-pay display. GINOSKO CREATIVE STUDIO agrees to add a Trademark, Copyright or other ownership marks as may be requested by THE CLIENT from time to time.

Copyright and/or trademark.

Due to the complexities of international copyright and trademark law, GINOSKO CREATIVE STUDIO will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during the creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.

Client-supplied artwork & reference material.

THE CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply GINOSKO CREATIVE STUDIO this permission, in writing, if requested. THE CLIENT also agrees to indemnify GINOSKO CREATIVE STUDIO in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of THE PROJECT, client warrants that any subsequent artwork supplied by THE CLIENT to GINOSKO CREATIVE STUDIO is the property and/or copyright of THE CLIENT, or THE CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of THE PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies GINOSKO CREATIVE STUDIO should this artwork and/or media become the subject of any legal action or ownership dispute. GINOSKO CREATIVE STUDIO reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is GINOSKO CREATIVE STUDIO’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for the use of said material. If CLIENT supplies GINOSKO CREATIVE STUDIO artwork, illustrations, photographs, designs, composites, sketches, drawings, without a copyright notice, or signed permission for the use of said copyright, and if such copyright notice cannot be verified, GINOSKO CREATIVE STUDIO reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.

Payment service terms.

Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created, all deposit payments made by the CLIENT become non-refundable according to the refund policies outlined here. If THE CLIENT wishes to cancel THE PROJECT before the presentation of PRELIMINARY DESIGNS for THE PROJECT, there will be an R1000 administration service charge. If THE CLIENT wishes to cancel the project after PRELIMINARY DESIGNS have been posted on the client access area, and before any REVISION requests have been made by THE CLIENT or executed by GINOSKO CREATIVE STUDIO, the client may do so in writing. But such cancellation is subject to the project being paid in full.

If after revision requests have been made by the client, and/or artwork revisions have been executed by GINOSKO CREATIVE STUDIO, and in the unlikely event that GINOSKO CREATIVE STUDIO cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing at any time. The project then becomes subject to a ‘END-FEE’. This End Fee is an amount not less than 50% of the total amount of THE PROJECT’s TOTAL billable amount. If, after cancelling in writing by the client, all works related to the project become the exclusive property of GINOSKO CREATIVE STUDIO . and the project shall be considered closed.

Project scope.

No further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to GINOSKO CREATIVE STUDIO, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE CLIENT makes said web site available on the ‘World Wide Web’ (THE INTERNET) through placing of any PRELIMINARY or REVISIONS artwork on a server other than GINOSKO CREATIVE STUDIO preview server, and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Client agrees to pay ALL remaining balances at that time. Any further edits or revisions to THE PROJECT will be subject to additional hourly billings and/or charges to THE CLIENT.

In the course of THE PROJECT, GINOSKO CREATIVE STUDIO will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to GINOSKO CREATIVE STUDIO regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our OLD DATED database. Any OLD DATED project is subject to an R1000 reactivation and unarchiving fee. This fee is at the sole discretion of GINOSKO CREATIVE STUDIO. On restart THE PROJECT, any deliverable will be subject to the terms of the package initially ordered, but deliverable of said PROJECT will be subject to the most current version of the package as listed on our web site. If deliverable advertised in a manner other than our web site, vary from the details listed on our web site, the descriptions featured on or web site (www.thelogocreative.co.uk) shall be considered correct.

If THE CLIENT fails to communicate with GINOSKO CREATIVE STUDIO regarding any initiated project for a period of more than 90 days, such project will be cancelled, and any deposits shall be applied as an END-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by GINOSKO CREATIVE STUDIO after that date. Further activation of this project will be subject to new project activation, project submission, deposits as outlined in our current pricing schedules, unless expressly waived, in writing by an authorised representative of GINOSKO CREATIVE STUDIO.

Further, if THE CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new deposit payments as per current pricing schedules. Previously paid deposits and/or balances shall be applied as END FEES to the original project, and any new deposits and/or balances shall be applied to a new project as requested by THE CLIENT.

Project work product, concepts & unused designs.

All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of GINOSKO CREATIVE STUDIO. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by GINOSKO CREATIVE STUDIO.

GINOSKO CREATIVE STUDIO is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties unless said third party is contracted by GINOSKO CREATIVE STUDIO as a ‘work-for-hire’ vendor, or in direct professional consultation with GINOSKO CREATIVE STUDIO. Such consultation is subject to fees as agreed to by THE CLIENT and GINOSKO CREATIVE STUDIO. By contracting GINOSKO CREATIVE STUDIO to create THE PROJECT as outlined in these terms and conditions, THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions, please contact us.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at candice@ginosko.co.za