1.1 - The following Terms & Conditions apply to all offers, contracts and other agreements entered into between Ome Design Pty Ltd or any other representative(s) of Ome Design (hereafter: “Ome Design”) and the client. 1.2 - The terms & conditions of the client are not applicable to the work done by Ome Design for the client, in its broadest sense.
2. PROPOSAL – OFFER AND ACCEPTANCE
2.1 - A written proposal for the project is created free of charge. 2.2 - The written proposal will include a description of the project, the desired results, specific payment terms and charges as well as the design process. 2.3 - A proposal from Ome Design is valid for 2 weeks after the date it was created. 2.4 - Upon acceptance of a written proposal from Ome Design by the client, this becomes the assignment of Ome Design. The client must ensure that the accepted assignment reflects its desired design.
3.1 - The contract will be for Ome Design to deliver as per the written proposal, under the Terms and Conditions contained in this document. If the Terms and Conditions at any point differ from specific terms in the written proposal, the terms contained in the written proposal will take preference. 3.2 - If the content, scope or desired result of the assignment changes during the design process, an additional agreement needs to be entered into, by acceptance of a written proposal from Ome Design, or the assignment will be terminated and a new contract will be proposed.
4. PROJECT EXECUTION
4.1 - In case the client would like to make significant changes to the design in a way that doesn’t align with the original creative brief, the costs of these changes will be charged by Ome Design to the client. 4.2 - The client agrees to provide feedback on all creative work within a reasonable time frame (usually five working days). 4.3 - If a client deliverable – such as input, approvals or payment – is late by more than 10 working days, the project will be considered to be on hold. Once the deliverable is received, the project will be rescheduled based on Ome Design’s workload and availability. 4.4 - In case something is wrong or missing compared to what was agreed in the contract, the client has two weeks after the design is finished to let Ome Design know in writing. 4.5 - If the client reports this later, the costs of any additional work to be done will be charged to the client and a new written proposal will have to be accepted prior to such additional work commencing.
5. INTELLECTUAL PROPERTY
5.1 - Ome Design is the holder of all intellectual property rights for the works created, including copyright.
6. PAYMENT & ADVANCE
6.1 - Invoices sent by Ome Design must be paid within 10 working days. 6.2 - If the payment is not received within 10 working days, additional administration costs may be charged at Rand 200,- per day. 6.3 - To confirm acceptance of the written proposal, the client pays a non-refundable deposit as described in the written proposal, ordinarily 50% of the total fee payable under the assignment. 6.4 - The remainder of the design fee will be invoiced in pre-agreed stages as and when (part of) the design work is completed, ‘such stage completion payments’ will be detailed in the written proposal. 6.5 - Payment for materials, furniture or other items relating to the agreed design schemes will be invoiced prior to orders being placed. No orders will be placed before payment for such items is received. 6.6 - The final designs and all relevant working documents to execute the design will be delivered to the client only after the final payment has been received and the balance owing to Ome Design is settled. 6.7 - Any work that extends beyond the original brief will be charged at an hourly rate of R 1100,- unless otherwise agreed between the client and Ome Design.
7. EARLY TERMINATION
7.1 - In case the assignment is terminated by the client before completion, the client will pay a fee of 75% of the total costs quoted per the accepted written proposal, to compensate for the design work already completed and the impact on the work planning of Ome Design.
8.1 - Ome Design is not liable for errors and mistakes in the materials or information supplied by the client or third parties. 8.2 - Ome Design is also not liable for any damages that result from the use of the design. 8.3 - Any liability of Ome Design is limited to the total fee that is invoiced by Ome Design to the client for the project concerned.
9.1 - South African law is applicable to all agreements entered into between Ome Design and the client. 9.2 - In case of any disputes between Ome Design and the client, the client and Ome Design shall first hold a meeting to attempt to arbitrate the matter and resolve the issues amicably. Both parties are at liberty to call upon a third party representative for such meeting. Such meeting will be held within 3 weeks from a dispute being declared. 9.3 - In case no resolution can be reached in respect of the dispute in an amicable manner through the process described above, the courts of South Africa have exclusive jurisdiction for adjudication of the case.