Terms & Conditions

1. Design Terms & Conditions

1. Graphic Design

If a choice of design is presented, only one solution is deemed to be given by Founddesigns.de as fulfilling the contract. All other designs remain the property of Founddesigns.de, unless agreed in writing that this arrangement has been changed.

2. Design Charges

Charges for design services to be provided by Founddesigns.de, will be set out in the written cost estimate or invoice provided to the Client. At the time of the Client's acceptance of this cost estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Founddesigns.de has received this or the full amount.

Alternatively, the client may send an official order in reply to the cost estimate or quotation which binds the client to accept Founddesigns.de terms and conditions. No work on a project will commence until either document, as well as the required deposit, have been received by Founddesigns.de.

3. Charges for Other Services

Charges for any additional services over and above the estimated design cost, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance (for example, printing or copywriting costs etc.).

4. Proofs and Drafts

All work may be submitted for the Client's approval. Founddesigns.de shall incur no liability for any errors not corrected by the Client in works so submitted. The Client's alterations and additional proofs necessitated thereby shall be charged extra. When content, style, type or layout is left to Founddesigns.de judgement, changes therefrom made by the Client shall be charged extra.

No responsibility will be accepted for differences between proofs and work supplied to the Client where the methods of production differ. A slight variation in colour is inherent with the CMYK print process. Founddesigns.de cannot be held responsible for minor colour discrepancies.

Visual Design – All visuals of progressive development will be emailed to the Client as a JPG file. Please be aware that all monitors display color differently. To ensure that the colour is correct, it is highly recommended that the Client views a colour matching book or the final proof supplied by the printing company. A print ready PDF file will be supplied to the client once the artwork has been approved and paid in full. 

Website Design – All visuals of progressive development will be emailed to the Client as a JPG file, or displayed using a private URL that is not visible to the general public. The final website will be set live once the approved and paid for in full.

5. Errors and Omissions

It is the Client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Founddesigns.de is not liable for errors or omissions. The Client's signature or that of an authorised representative is required on all mechanicals or artwork prior to release for printing or other implementation.

6. Signing Off Project Release Note

Once final print or electronic artwork is approved the Client is required to sign an approval form to agree that it is ready for printing or other implementation. This signature implies that the Client is satisfied with the artwork and consents to it being printed or, in the case of a website, made live.

The Client agrees to fully indemnify and hold Founddesigns.de harmless in any and all claims resulting from errors on the print or electronic documents once the Client has signed off on the artwork.

7. Design Project Duration

Any indication given by Founddesigns.de of a design project's duration is to be considered by the Client to be an estimation only. Founddesigns.de cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Founddesigns.de for the initial payment or by date confirmed in writing by Founddesigns.de.

8. Design Project Completion

Founddesigns.de considers the design project complete upon receipt of the Client's signed Approval form. Other services such as printing, copywriter, search engine optimization, website uploading, publishing and the like contracted on the Clients behalf constitute a separate project and can be treated as a separate charge.

2. Pricing Terms & Conditions

9. Payment

The Client agrees to pay Founddesigns.de in accordance with the terms specified in each proposal/estimate. Clients will be required to pay 50% of the project cost before work can begin, unless otherwise stated in writing. Unless otherwise specified, all subsequent balances are payable upon artwork approval, or within 30 days of project commencement, whichever comes first.

All payments are non-refundable and required even if deliverables are not used by client.

Founddesigns.de reserves the right to remove all web content from the Internet if payment is not made within thirty (30)days of completion notification. If case collection proves necessary, Client agrees to pay all fees incurred in that process. Regardless of the place of signing this agreement, Client agrees that for the purposes of venue, this contract was entered into in Johannesburg, South Africa, and any dispute will be litigated or arbitrated in Johannesburg, South Africa.

The Client will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the Client will also be required to sign and return the Approval Form to Founddesigns.de. Should payment not be made within thirty (30) days of notification, the balance outstanding incurs a 2.5% monthly compounded interest penalty. Failure to produce payment after sixty (60) days will be handed over to debt collectors.

Any changes required to the project after signed off will be charged at our hourly rate. Should Founddesigns.de provide the client with the requested artwork, but fails to receive feedback from the Client within a thirty (30) day period, the balance of the invoice becomes payable immediately.

Should Founddesigns.de not reach the client in any way whatsoever or alternatively if the client does not provide any written feedback within 10 working days of the last change request, causing the project to stall in any way whatsoever, Founddesigns.de will mark the project as dormant and accordingly the dormant project will be removed from the active project list. A 30% cost of the total project invoice will be levied by Founddesigns.de to the Client and must be paid to reactivate the project and continue thereafter.

Should the project remain dormant for a period of more than 6 months, the project will be terminated and all design source files will be removed from Founddesigns.de network and all costs paid by the client to Founddesigns.de will be forfeited due to the Clients breach of the terms and conditions without prejudice to any other claims Founddesigns.de may have against the client for damages.

Payments may be made by electronic funds transfer (EFT), or creditcard. No cheques are accepted. Cash deposits will incur a 10% fee for bank charges.

Publication, printing and/or release of work done by Founddesigns.de on behalf of the client, may not take place before funds have been received.

10. Refunds

All payments are non-refundable and required even if deliverables are not used by client.

11. Default

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice Founddesigns.de shall cease all work on design projects, and will be entitled to retain copyright of all work, until final payment has been made. Ceasing of work does not relieve the Client of its obligation to pay the due amount.

Clients whose accounts become default agree to pay Founddesigns.de reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Claims Advice of damage, dissatisfaction of condition, delay or partial loss of goods in transit or of non delivered, must be given in writing to Founddesigns.de and the carrier within three clear days of delivery. (In the case of non-delivery, within twenty-eight (28) days of dispatch of the goods).

All other claims must be made in writing to Founddesigns.de within seven (7) calendar days (5 working days) of delivery. Founddesigns.de shall not be liable in respect of any claim unless the requirements have been complied with except in any particular case where the Client proves that it was not possible to comply with the requirements.

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12. Revisions and Alterations

New work requested by the Client and performed by Founddesigns.de after a proposal/cost estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, Founddesigns.de will submit a cost estimate revision to the Client and a revised additional fee must be agreed to by both parties before further work proceeds.

The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The Client also agrees that Founddesigns.de holds no responsibility for any amendments made by any third party, before or after a design is published.

13. Overtime

Estimates are based on a reasonable time schedule and may be revised to take into consideration the Client's Priority Scheduling requests requiring overtime and weekends. Knowledge of the Client's deadlines is essential to provide an accurate estimate. In addition, outside suppliers such as service bureaus charge a 100% - 200% mark up on overtime after 5:00 pm and weekends.

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14. Copyrights and Trademarks

By supplying text, images and other data to Founddesigns.de for inclusion in the Client's website or marketing material, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

The Client may request in writing from Founddesigns.de, the necessary permission to use materials (for which Founddesigns.de holds the copyright) in forms other than for which it was originally supplied, and Founddesigns.de may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to Founddesigns.de, the Client grants Founddesigns.de permission to use this material freely in the pursuit of the design. Should Founddesigns.de, or the Client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Founddesigns.de to remove and/or replace the file on the site.

The Client agrees to fully indemnify and hold Founddesigns.de free from harm in any and all claims resulting from the Client in not having obtained all the required copyright, and/or any other necessary permissions.

All copyright is retained by Founddesigns.de on all design work including words, pictures , ideas, visuals and illustrations (unless specifically released in writing) and after all costs have been settled in full.

15. Licensing

Any design, copywriting, drawing, idea or code created for the Client by Founddesigns.de, or any of its contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in anyway or form without the express written consent of Founddesigns.de and any of its relevant sub-contractors. All design work where there is a risk that another party make a claim, should be registered by the Client with the appropriate authorities prior to publishing or first use, or searches and legal advice sought as to its use. Founddesigns.de will not be held responsible for any and all damages resulting from such claims. If in the event that the Client at any time breaches the terms of this clause giving rise to a claim by a third party against Founddesigns.de, the Client hereby indemnifies and holds harmless Founddesigns.de against any demand, claim, loss or damage arising from such claim. Founddesigns.de is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Founddesigns.de responsible for any such loss or damage.

Any claim against Founddesigns.de shall be limited to the relevant fee(s) paid by the Client.

16. Data Formats

The Client agrees to Founddesigns.de definition of acceptable means of supplying data to the company. Text is to be supplied to Founddesigns.de in electronic format as standard text (.txt), MS Word(.doc) on a flash stick, Dropbox or via email.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Founddesigns.de via flash stick, Dropbox, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Founddesigns.de will not be held responsible for any image quality which the Client later deems to be unacceptable. Founddesigns.de cannot be held responsible for the quality of any images which the Client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

17. Outsourcing

If in the event that Founddesigns.de are used as an outsourced resource by a Client for any client of theirs (“the end-user”) the relationship shall exist between the Client who is party to this agreement and acknowledges that no contractual relationship whatsoever is created between Founddesigns.de and the end-user.

The Client hereby indemnifies and holds Founddesigns.de harmless against any claim, demand, loss or damage howsoever arising if made by the end user, it being specifically recorded that the end-user shall have no recourse whatsoever against Founddesigns.de

It is recorded that in the event that Founddesigns.de is used by any Client on behalf of an end-user the Client will be entitled to a commission, the amount of which will be agreed in writing between the parties dependent upon the volume of business introduced by the Client on the behalf of any end-user(s).

It is further recorded and agreed that Founddesigns.de will have no contact whatsoever with the end-user. All communications from Founddesigns.de shall only be communicated by the Client to the end-user and vice versa. The Client undertakes to inform and instruct the end-user accordingly.

18. Website Design

The Client hereby accepts which follows in this clause in respect of Product Design & Engineering.

Founddesigns.de preferred web site hosting supplier, will be known as the “Internet Service Provider” (ISP). These Terms and Conditions set forth the provisions under which the Client may use the services supplied. Founddesigns.de is a branding and web service provider offering the Client Graphic Design, User Experience Design, Web Development, Digital Marketing and several other related IaaS, PaaS & SaaS.

19. Written Content & Copywriting

Copy for website must be supplied by the Client in Microsoft Word .DOC or .RTF format via flash stick, Dropbox or email attachment. If not supplied in one of these formats, there will be an additional charge for typesetting. Copywriting services are available at an additional charge.

The client is to supply Founddesigns.de with complete text and graphic content for all web pages contracted, within five (5) working days of the date the contract was agreed to.

Notwithstanding anything to the contrary contained in this clause, Founddesigns.de reserves the right to advise the Client in writing of any change in its charges arising from the work being done by Founddesigns.de as envisaged in terms hereof in fourteen (14) written days notice by Founddesigns.de to the Client.

20. Cross Browser Compatibility

Founddesigns.de shall make every effort to ensure websites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Edge. The Client agrees that Founddesigns.de cannot guarantee correct functionality with all browser software across different operating systems.

The Client agrees that after the handover of files, any updated software versions of the main browsers, domain name setup changes or hosting setup changes thereafter, may affect the functionality and display of the web site. As such, Founddesigns.de reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.

The Client is aware that some advanced techniques on the Internet may require a more recent browser version and brandor plug-in. The Client is also aware that, as new browser versions of Microsoft Edge and Firefox are developed, the new browser versions may not be compatible.

In the absence of a Maintenance Agreement time spent to re-code a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of this agreement.

21. Online Stores Only

The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Web Page Planning Worksheet” and/or the “Store Planning Worksheet”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.

22. Additional Expenses

The Client agrees to reimburse Founddesigns.de for any requested expenses necessary for the completion of the project. Examples would be:

· Purchase of specific fonts at the Client's request
· Purchase of specific photography at the Client's request
· Purchase of specific software at the Client's request
· Submittal to specific search engines at the Client's request (i.e. paid submissions)

23. The Client Amendments / Changes

Founddesigns.de prides itself in providing excellent customer service. That is The spirit of this agreement and the spirit of Founddesigns.de business. To that end, Founddesigns.de encourage input from the Client during the design process. Founddesigns.de understands, however, that the Client may request significant design changes to pages that have already been built to the Client's specifications. To that end, please note that this agreement does not include a provision for "significant page modification" or creation of additional pages in excess of Founddesigns.de agreed page maximum quoted. If Significant page modification is requested after a page has been built to the Clients specification, Founddesigns.de must count it as an additional page. Some examples of significant page modification at the request of the Client include:

• Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
• Recreating or significantly modifying the company logo or other graphics at the Clients request.
• Replacing more than 75% of the text to any given page at the Client's request.
• Creating a new navigation structure or changing the link graphics at the Client's request.
• Significantly re configuring the Clients shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client.

If the Client requests significant page modification after the page maximum has been reached, a Change Request With estimated costs will be submitted for Clients approval prior to changes being done. Moderate changes, however, will always be covered during Founddesigns.de development of the site and also covered by Founddesigns.de maintenance agreements.

24. Retainer / Maintenance Agreements

Retainer / Maintenance Agreements are negotiated on a Client-by-Client basis as each Client will have differing needs. Founddesigns.de offers two (2) kinds of Maintenance Agreements:

1. The Monthly “Flat Rate” Maintenance Contract - The Client pays a fixed monthly rate for such things as changing the price of an item, adding additional inventory to online store, addition of email addresses and making minor changes to a sentence or paragraph, and the like. “Flat Rate” Agreement is payable each month, whether the time is used or not. The Client is to enquire for the rate choices.

2. The “As Needed” Maintenance Contract - A monthly chargeable agreement, higher than the “Flat Rate”, but offering cost savings on sites with little to no changes. Charges Incur when the Client requests a change.

Changes requested by the Client beyond those limits will be billed at the hourly rate. This rate shall also apply toward additional work authorized beyond the maximums specified above for such services as: general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping Clients learn how to use their own web page editor. Programming charges are excluded from the maintenance agreements.

Maintenance Agreements exclude any additional functionality added to the web site, for example galleries, calendars, forums, polls and the like. These are calculated on a flat fee. Any website or web page redesigns, graphic design (banners, advertisements and the like) are also excluded from the maintenance agreement.

Should the Client or an agent, other than Founddesigns.de, attempt to update the website and damage the design or impair the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate, and is not included as part of the updating time. There is a one-hour minimum charge.

Provided that Founddesigns.de may increase its hourly rate as provided for herein on 14 days written notice to the Client.

25. Training

Founddesigns.de

will provide both email and telephonic support to the Clients designated representatives regarding management of the Client's website for a period of thirty (30) days upon completion of the web site development. Any Further support, or additional training required will incur a charge.

26. Work Schedule

Founddesigns.de to submit a ‘First Mock-up Draft’ of web site no later than ten(10) days after Founddesigns.de received signed agreement, along with down payment and initial direction from the Client(Website Design Brief). The Client is to provide Founddesigns.de with all the data needed to complete website, including text, company logo, and images. Communication between Founddesigns.de and the Client is crucial during this phase to ensure that the ultimate publication will match the Client's taste and requirements.

Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design. Once acceptance is received from the Client, work will commence to complete the project. Upon completion of the web site, a confirmation email and final invoice will be sent to the Client.

27. Completion Date

Founddesigns.de and the Client must work together to complete the website in a timely manner for both parties to remain profitable. Founddesigns.de agrees to work expeditiously to complete this project no later than sixty (60) working days from date of cleared deposit, and receiving all relevant material from the Client. Founddesigns.de, however, cannot be held liable for late completion should the Client not revert with feedback in a timely manner.

28. Copyrights and Trademarks

The Client represents to Founddesigns.de and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Founddesigns.de for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify and hold harmless, protect, and defend Founddesigns.de and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

29. Limited Liability

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Founddesigns.de.

Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Founddesigns.de  reserves the right to determine what is and is not pornography.

The Client hereby agrees to indemnify and hold harmless Founddesigns.de from any claim resulting from the Clients publication of material or use of those materials. It is also understood that Founddesigns.de will not publish information over the Internet which may be used by another party to harm another.

30. Indemnification

The Client agrees that it shall defend, indemnify, save and hold Founddesigns.de harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with Founddesigns.de development of the Client's website. This includes liabilities asserted against Founddesigns.de, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.

The Client also agrees to defend, indemnify and hold harmless Founddesigns.de against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Clients website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.

31. Assignment of Project

Founddesigns.de reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Founddesigns.de warrants all work completed by subcontractors for this project. When subcontracting is required, Founddesigns.de will only use industry recognized professionals.

32. Ownership to Web Pages and Graphics

Copyright to the finished assembled work of web pages produced by Founddesigns.de and graphics shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Stock Images provided by Founddesigns.de remain the property of Founddesigns.de, unless purchased by the Client.

All materials developed under this contract and intended for publication to the web remain the property of Founddesigns.de until such time as Client has tendered final payment for the work described herein. At this time, all materials become the property of the Client and may be used by them as desired. Should the Client use materials described in this contract on the web before the tender of final payment, then this contract is breached and appropriate penalties will apply. Founddesigns.de retains the right to display graphics and other web design elements as examples of their work in their portfolios.

33. Laws Affecting Electronic Commerce

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect and defend Founddesigns.de and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce. The Client also understands that Founddesigns.de cannot provide any legal advice.

34. Design Credit

The Client agrees that Founddesigns.de may put a footer credits on at the bottom of the web pages establishing design and development credit. The Client also agrees that the website created for the Client may be included in Founddesigns.de portfolio.

35. Non-disclosure

Founddesigns.de, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Founddesigns.de to another party.

36. Additional Costs

In the event that after the handing over of any website created by Founddesigns.de in terms of this agreement the website is damaged or non-functional due to the negligence of the Client and Founddesigns.de is required to attend any remedial work necessary, the remedial work shall be charged to the Client by Founddesigns.de at the hourly rate. Any charges raised by Founddesigns.de on the Client shall be paid immediately upon presentation of an invoice therefor.

3. General Terms & Conditions

37. Rights of Access for Website Construction

The Client agrees to allow Founddesigns.de all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The Client also agrees to allow Founddesigns.de access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The Client agrees to supply Founddesigns.de with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

38. Rights of Refusal

Founddesigns.de will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Founddesigns.de also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Founddesigns.de does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Founddesigns.de to remove the contravention without hindrance, or penalty. Founddesigns.de is to be held in no way responsible for any such data being included.

39. Property and Suppliers Performance

Founddesigns.de will take all reasonable precautions to safeguard the property entrusted to Founddesigns.de by the Client. In the absence of negligence on Founddesigns.de part, however, Founddesigns.de are not responsible for the loss, destruction or damage or unauthorized use by others of such property. Founddesigns.de will use every effort to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although Founddesigns.de may use every effort to guard against any loss to the Client through the failure of the vendors, media, or others to perform in accordance with their commitments, Founddesigns.de is not responsible for failure on their part.

Should the Client opt to select their own vendors other than those recommended by Founddesigns.de, the Client may request that Founddesigns.de co-ordinate their work. Founddesigns.de will endeavor to assist wherever possible, however Founddesigns.de cannot in any way be held responsible for quality, price, performance or delivery.

40. Lien

All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the Client are satisfied in full.

41. Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Founddesigns.de will need formal notification in writing to the company's postal address. The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within thirty (30) days. Please note: any cancellation which is not formally confirmed in writing and received by Founddesigns.de within fourteen (14) days of such instruction being issued, will be liable for the full quoted cost of the project.

42. Term and Termination

The term of this agreement will continue for work in progress until terminated by either party upon thirty (30)days written notice. Should the Client direct Founddesigns.de at any time to cancel, terminate or “put on hold” any previously authorized purchase, Founddesigns.de will promptly do so, provided that the Client holds Founddesigns.deFounddesigns.de harmless for any costs incurred as a result.

Upon termination of this agreement, Founddesigns.de will transfer to the Client all property and materials which have been paid for. The Client will indemnify and hold Founddesigns.de harmless for any loss or expense (including attorney’s fees), and agree to defend Founddesigns.de in any actual suit, claim or action arising in any way from the working relationship. This includes, but is not limited to assertions made against the Client and any of its products and services arising from the publication of materials that Founddesigns.de prepares for the Client before publication.

43. Production Schedules

Production schedules will be established and adhered to by both the Client and Founddesigns.de, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Founddesigns.de.

Where production schedules are not adhered to by the client, final delivery date will be adjusted accordingly.

44. Disclaimer

Founddesigns.de makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Founddesigns.de will not be held responsible for any and all damages resulting from products and/or services it supplies. Founddesigns.de is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While reasonable steps will be taken to investigate the materials recommended, Founddesigns.de accepts no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Founddesigns.de responsible for any such loss or damage. Any claim against Founddesigns.de shall be limited to the relevant fee(s) paid by the Client.

Founddesigns.de reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Founddesigns.de will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Founddesigns.de and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.Founddesigns.de recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

45. Additional Provisions

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Founddesigns.de reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by Founddesigns.de and invoices paid by the Client, constitutes acceptance and agreement to comply fully with all the Terms and Conditions.

46. Domicilium Citandi et Executandi and Noticies

The parties choose as their domicilium citandi et executandi, their addresses appearing under the irrespective signatures at the foot of this document but such domicilium mentioned in the attached invoice, but such domicilium may be changed by either party by written notice from such party to the other with effect from the date of receipt or deemed receipt by the latter of such notice.

Any notice, demand or other communication addressed by either party to the other at the latter’s domicilium in terms herewith, for the time being, and sent by prepaid registered post, will be deemed to be have been received by the latter on the 7th business day following the date of posting. This provision will not be construed as precluding the utilisation of other means and methods(including facsimile and e-mail) for the transmission or delivery of notices, demands and other communications, but no presumption and delivery will arise if any such other means or method is used.

47. Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Founddesigns.de shall be considered entitled to remove Founddesigns.de and/or the Client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance, sub-contractors, printers, photographers and photography libraries.

Removal of such materials does not relieve the Client of its obligation to pay the due amount. The Clients whose accounts become default agree to pay Founddesigns.de reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

48. Arbitration

Any disputes in excess of twelve thousand rand (R 12 000.00) (or the maximum limit for small claims court)arising out of this agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator or pursuant to the rules of the South African Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration costs, reasonable attorney’s fees and legal interest on any award or judgment in favour of Founddesigns.de.

In the event that an Arbitrator cannot be mutually agreed upon, that an Arbitrator shall be appointed by the South African Arbitration Association.

The provision of this Arbitration clause shall not preclude either party from approaching a Court of competent jurisdiction on an urgency basis for any necessary interdictory and/or ancillary relief pending determination of the dispute by Arbitration as provided for in terms of this clause 3.

49. General Terms and Conditions

Founddesigns.de

does not warrant that the functions contained in these web pages or the Internet web site will meet the Clients requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and web site is with the Client. In no event will Founddesigns.de be liable to the Client of any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation or inability to operate these web pages or website, even if Founddesigns.de has been advised of the possibility of such damages.

Founddesigns.de reserves the right to consider a project inactive and bill for work completed after four weeks of client unresponsiveness. Projects put on client hold for more than four weeks will be considered inactive and billed for work completed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Printers will only release final product with 100% payment. 70% to start the job.

This Agreement constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed by both parties.

50. Sole Agreement

This agreement constitutes the sole agreement between Founddesigns.de and the Client. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in the quotation will be honored for fourteen (14) days. Continued services after that time will require a new agreement.

This agreement constitutes the entire understanding of Founddesigns.de and Client. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof.

Any changes or modification thereto must be in writing and signed by both parties The Client agrees to the terms of this agreement on behalf of his or her organization or business being duly authorized thereto.

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51. Contacting Us

If there are any questions regarding this privacy policy, you may contact me using the information/links below:

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Founddesigns.de

Email Address: support@founddesigns.de
Mobile Number: (+49) 0151-2941-0707.

Last Modified: 29.01.2024