When you engage Johann Swanepoel, trading as Swan Design, to perform work in a freelance or independent contractor capacity, you will be required to accept the freelance Terms & Conditions.
Rates will be confirmed on the quote, in writing, before work commences.
Agreement between Johann Swanepoel (hereinafter referred to as “Swan Design”), and You, the authorised representative of “____________” (hereinafter referred to as “The Client”), for work commencing in the capacity of Freelance Digital Designer, Web Designer, Digital Producer or Graphic Designer.
- PAYMENT FOR HOSTING SERVICES – Payment for Hosting services for domains, etc, is required by the 28th of each month or by the last working day of the month, whichever comes first. Invoices are issued in advance and payment for hosting services is paid in advance (for the month ahead). Note that NO CONTRACTS are required but a non-payment or late payment will result in no availability in hosting services or website access until the account has been settled in full.
Services will be cancelled if in arrears for more than 6 months which will result in the client losing the registered domain name or URL.
- DOMAIN RENEWALS & CANCELLATIONS – all domains are renewed each year. A renewal notice will be sent one month in advance. This is a separate, annual cost to keep your web domain / URL operational. Should the client wish to cancel the domain or hosting service, he/she shall do so in writing (email) to Johann Swanepoel. Hosting fees still are payable up until the cancellation date. Once a domain is cancelled it cannot be transferred to another hosting service provider. It is thus essential that renewal fees are paid on time in advance to keep your web presence active.
- CONFIDENTIALITY – Johann Swanepoel agrees not to misuse or disclose any confidential information that may be made available by The Client.
- CLIENT RESPONSIBILITIES – Johann Swanepoel is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however Johann Swanepoel will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the service.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – Johann Swanepoel will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of The Client to check all artwork carefully before final sign off and publishing. As a result, Johann Swanepoel is not liable for loss, expense or damage caused by any act or omission.
- NATURE OF COPY – The Client agrees to exercise due diligence in its direction to Johann Swanepoel regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Johann Swanepoel prepares. Johann Swanepoel will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
- LIABILITY – Johann Swanepoel makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, Johann Swanepoel shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel / terminate the agreement and discontinue any work in progress, The Client must notify Johann Swanepoel immediately of this intention. Hours worked to that point will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking.
- VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between Johann Swanepoel and The Client.