TERMS & CONDITIONS

To ensure consistency with the Brand Identity, the Company will provide its official logo, designated color Pantones, and approved company fonts as needed. These elements are essential for maintaining the integrity of the brand across all materials and should be supplied promptly where applicable.

The artwork will be delivered in multiple formats, including PDF, JPG, MP4, GIF and PNG. These formats ensure flexibility and compatibility for various uses, allowing you to seamlessly incorporate the artwork across different platforms and applications.

To initiate any work, either full payment or a 50% deposit is required. This ensures that both parties are committed to the project and covers the initial costs associated with starting the work. The remaining balance, if applicable, will be due upon project completion.

The artwork will be provided with a watermark and will remain the exclusive property of Erina until full payment has been received. The watermark serves to protect Erina’s intellectual property and prevent unauthorized use. Ownership rights to the artwork will be transferred to the client only upon receipt of the complete payment. Until then, Erina retains all rights to the artwork.

The client is responsible for supplying all content and copywriting required for the design work, unless alternative arrangements have been agreed upon. However, if copywriting services are needed, Erina can provide these as an additional service. In such cases, an extra fee will be applied to cover the cost of copywriting, which will be added to the overall design fee.

Any additional changes beyond the scope of the original project will incur a fee starting at R350.00. This charge applies to alterations or adjustments requested after the initial work has been completed and will be billed accordingly.

Charges for design work do not include the release of our copyright design source files, such as PSD, AI, SVG, or other source files and raw code. Should the Client require these files to be transferred to an in-house team or another designer, a separate quotation or 'buy-out' charge will apply. This charge will be calculated as three times the quoted amount for the release of these files. Please consult with me if you wish to obtain these files so I can provide you with the appropriate quote and facilitate the transfer process.

Once the design files have been transferred to the client, Erina cannot assume responsibility for any issues that may arise with the files. Additionally, Erina is not obligated to retain or store the source files beyond this transfer point. After the files are provided to the client, any subsequent management, storage, or modifications of these files will be the client’s responsibility.

Erina cannot be held liable for any loss or damage that may occur after the final submission of work to the client. Once the completed work has been delivered, responsibility for any issues, including but not limited to data loss, file corruption, or any other related concerns, shifts entirely to the client. It is recommended that the client ensures appropriate measures are in place to safeguard and manage the work post-delivery.

Erina is not responsible for engaging or contracting additional creative professionals to provide services that fall outside of her expertise or offerings. If the project requires specialized skills or services not provided by Erina, it is the client’s responsibility to arrange and manage these additional resources independently. Erina’s role is limited to the services explicitly outlined in the agreement, and any need for supplementary expertise should be addressed separately by the client.

Accounts that remain unpaid for 30 days following the invoice date will incur a late payment interest charge of 8%. This charge will be applied to the outstanding balance to account for the delayed payment. It is important to settle invoices promptly to avoid additional costs and maintain a smooth financial relationship.

By providing text, images, and other data to Erina for inclusion in the client’s designs, the client affirms that they possess all necessary copyright and trademark permissions for such materials. This declaration ensures that the client has the legal right to use and distribute these assets and that they will not infringe on the intellectual property rights of others. It is the client’s responsibility to ensure that all supplied materials are properly authorized and legally compliant.

The ownership of such materials will remain with the customer or the rightful owner of the copyright or trademark. This means that all intellectual property rights, including copyrights and trademarks, will be retained by the original owner, and Erina will not claim any ownership over these materials. The customer or the authorized copyright or trademark holder maintains full legal rights to the materials provided.

Regardless of whether the client formally signs the Terms and Conditions provided with a quote, they acknowledge that these Terms and Conditions are applicable to all services rendered by Erina. The client accepts that these Terms and Conditions govern the provision of services, and they are bound by them upon engaging Erina’s services.

The Terms and Conditions on Erina’s website are subject to regular updates. The client acknowledges that it is their responsibility to review the latest version of these Terms and Conditions on the website to stay informed of any changes. By proceeding with the services, the client confirms their acceptance of the current Terms and Conditions and agrees to adhere to them.

Any work performed at the request of The Client, whether experimental, preliminary, or otherwise, shall be considered billable and subject to applicable charges. This includes all tasks and activities undertaken in response to The Client's instructions, regardless of the nature or intended outcome of the work

If the client has made full payment and Erina has completed the work but is awaiting feedback from the client, regardless of whether the scope of work is fully completed, the work paid for will be considered finalized on the last day of the same month in which payment was made. No work will carry over to the next month, and any new requirements will necessitate a new agreement. Additionally, if full payment for the entire quotation or invoice has been received and Erina has delivered the work according to the client’s communicated requirements, it is crucial for the client to provide any outstanding materials or scripts. Failure to do so will result in the payment being deemed as complete fulfillment of the entire scope of work as of the last day of the same month, and no further disputes or claims will be entertained beyond this point.

Erina reserves the right to showcase the completed work in their professional portfolio and to utilize it for purposes of self-promotion. This includes displaying the work on various platforms, such as websites, social media, and marketing materials, to highlight Erina's skills and experience. The right to use the work in this manner remains with Erina even after the project is completed, allowing them to demonstrate their creative abilities to potential clients and collaborators.

The Client and Erina mutually agree to maintain the confidentiality of all information and data related to the project. Both parties commit to safeguarding any sensitive materials and ensuring that such information is not disclosed to any unauthorized individuals or third parties. This confidentiality agreement encompasses all aspects of the project, including communications, documents, and any other relevant data, to protect the integrity and privacy of the work being conducted.

Once the client has made a payment to Erina, this payment is non-refundable. The payment is considered final and is for services rendered as per the agreed terms. Should the client be dissatisfied with the design work after all allotted revision rounds have been completed, they acknowledge that the work has been executed according to the terms and specifications outlined in the agreement between Erina and the client. The client accepts that no refunds will be issued, as the payment reflects the completion of services provided in accordance with the established agreement.

The client is solely responsible for purchasing and securing the commercial usage rights for all fonts that Erina will use in the project. Erina assumes no responsibility or liability for obtaining these rights and will not be held accountable in any way for any issues related to the usage or licensing of the fonts. It is the client's obligation to ensure that all fonts provided or requested for the project are properly licensed for commercial use.

In the event that the client fails to provide necessary feedback, materials, or approvals required for project completion within a reasonable timeframe, Erina shall not be held liable for any delays or non-completion of work. Should the client remain unresponsive despite multiple requests for input, and the project remains stalled as a result, Erina will not be responsible for any associated costs, damages, or claims arising from the incomplete work. The client acknowledges that prompt and consistent communication is essential for the timely progression of the project, and any delays resulting from the client’s lack of response will not hold Erina accountable for completion or related liabilities.

Please note that if a client assigns Erina a task, the client assumes full responsibility, and Erina cannot be held liable in any way. The client confirms they have the right to use any specified brand elements—such as visuals, company name, music, etc. Erina is therefore exempt from any liability associated with performing work on the client’s behalf.

If Erina receives a brief with conflicting elements, she is not obligated to fulfill it as-is. Instead, she will use her best judgment to create a design that aligns with the brand's objectives. When a brief contains numerous contradictions, she will aim to balance these elements in a way that best serves the client. Refunds or additional redesigns outside of the agreed package are not included. Should the client request further revisions, Erina reserves the right to charge additional fees for redesign work.