General Terms and Conditions: Design

REINHARD VAN WYK DESIGN Trading as: Rein van Wyk Design / RVW Design / RVWD GENERAL TERMS & CONDITIONS Updated 01 January 2025

1. PRELUDE: Agreements and terms and conditions between readers and users of the website and clients of REINHARD VAN WYK DESIGN, whether in person or by contract to third parties as the relationship may dictate at the time. It is hereby agreed that The client (hereinafter referred to as “CLIENT”) of REINHARD VAN WYK DESIGN (hereinafter referred to as “REINHARD VAN WYK DESIGN”) will read the terms and conditions into all cost estimates, work done, third party relationships and the CLIENT and REINHARD VAN WYK DESIGN relationship in general. The placement of an order for design and/or any other services offered by REINHARD VAN WYK DESIGN, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.reinhardvanwyk.co.za An estimate validated by the CLIENT’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the CLIENT and REINHARD VAN WYK DESIGN.
2. DEFINITIONS: Artwork shall mean any sample, specimen, sketch, design, layout, photograph, slide, any proof, pull or other work designed, created or altered by REINHARD VAN WYK DESIGN or on which REINHARD VAN WYK DESIGN applied its creative ideas or invested its intellectual design ability whether such artwork was in existence or altered. Collectively all and any work may resort under the term “design”. Day shall mean work days from Monday to Friday. Products shall mean the products agreed upon and quoted for and shall include all artwork and reproductions thereof. Design shall mean any concept or draft artwork. Copy shall mean any and all text, headlines, taglines, body text or any written content.
3. COST ESTIMATES/QUOTES:   Quotes, and /or Cost Estimates are now payable within 7x week days (including public holidays and weekends) from the date Quotes, and /or Cost Estimates are received. Projects will be closed once REINHARD VAN WYK DESIGN has received confirmation from the client or it’s employee(s) in contact. Projects will remain open, no longer than 5x business days from the date all assets and deliverables have been received by client, unless requested differently in writing by the client and confirmed by REINHARD VAN WYK DESIGN. An invoice to settle the balance will be sent once a project has been closed. Cost estimates and/or quotes submitted according to job specifications will remain valid for a period of 12 days from cost estimate date. When this period lapses without CLIENT approval, or without requests for alterations or extensions by the CLIENT, the cost estimate will expire. Thereafter, REINHARD VAN WYK DESIGN may amend the cost estimate according to current or updated  rates. Cost estimates are approximations and are not guaranteed. The estimate is based on information provided by the CLIENT regarding job requirements. Actual cost may change once all job elements are finalized or negotiated. Amendments can be made to the quotation within the 15 day period of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceding quote. All pricing is in South African Rand and excludes VAT. The CLIENT is not entitled to an early payment or similar discount. There is a minimum order billing of R240.00 on any and all cost estimates. As all cost estimates are carefully considered in light of each job specific technical requirements, REINHARD VAN WYK DESIGN reserves the right to amend any quote should the job specifications change, or if it becomes clear that the job specifications where not communicated in a reasonably clear and correct manner by the CLIENT to REINHARD VAN WYK DESIGN at the outset or brief of the job. In the event that a CLIENT is unable to provide a detailed brief, REINHARD VAN WYK DESIGN reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the job as required by the CLIENT. Such research and planning shall be billed according to a standard hourly rate. REINHARD VAN WYK DESIGN reserves the right to quote & bill for job management. Such job management shall be billed according to our standard hourly rate. To formally accept a quotation by REINHARD VAN WYK DESIGN, the quote must be signed and dated by the CLIENT and returned to REINHARD VAN WYK DESIGN via email. No job will commence unless there is a formal acceptance of the cost estimate received by REINHARD VAN WYK DESIGN within the 12 day period as specified in point 3.1 . Days include public holidays and weekends.
4. DEPOSITS: A non-refundable deposit of fifty (50) percent of the total quotation shall be paid on acceptance of the quotation, unless agreed otherwise with REINHARD VAN WYK DESIGN. The remaining payment for the services billed in total will be due upon completion of the work prior to upload to a server, or release of materials, unless agreed otherwise with REINHARD VAN WYK DESIGN in writing. 
5. INVOICING: Invoices become payable immediately upon presentation / receipt. The CLIENT is granted a 7 (seven) day grace period, calculated from the date of the invoice, in which the invoice has to be settled in full. Any delays or other unforeseen difficulties caused by the CLIENT which are beyond the control of REINHARD VAN WYK DESIGN, may result in additional charges. In the event of any portion of an invoice being disputed, then the CLIENT undertakes to forthwith pay the undisputed amount of such invoice according to the agreed terms of credit allowed in the terms of this agreement. A monthly service charge of two and a half (2.5) percent (or the greatest amount allowed by law) is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. The CLIENT will be provided with an Approval Form or Proof Email, and an 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 or signify approval by email to REINHARD VAN WYK DESIGN. Any invoice queries must be submitted by email within seven (7) days of the invoice date. The client understands that the final artwork belongs to REINHARD VAN WYK DESIGN until all invoices are paid in full. If the CLIENT requires any additional work to be performed by REINHARD VAN WYK DESIGN, which costs are not set out in the quotation, the CLIENT shall be invoiced therefore accordingly. 
6. SERVICES: After approval of the design, as mentioned in 5.5., by the CLIENT, the CLIENT shall have no claim against REINHARD VAN WYK DESIGN for errors on the signed design. If the CLIENT wishes to amend the artwork for other reasons than errors made by the printer and/or designer, the CLIENT shall be held liable for the cost thereof. REINHARD VAN WYK DESIGN shall not be held liable for any damage or loss suffered if the CLIENT’s instructions were to proceed without the submission of the design. Upon acceptance by the CLIENT, REINHARD VAN WYK DESIGN will perform the services described in the quotation. Any additional services requested by the CLIENT and not covered by the quotation will incur additional charges. REINHARD VAN WYK DESIGN is an independent contractor of the CLIENT, and nothing in the quotation or these terms and conditions will be construed as creating a partnership, joint venture or relationship other than that of independent contractors between the CLIENT and REINHARD VAN WYK DESIGN.
7. SOURCE FILES REINHARD VAN WYK DESIGN will supply the artwork and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to .indd, .psd, .ai, .png, .jpeg or other source files or raw code; if the CLIENT requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge. Incase artwork files exceed the file size limit for email attachments, a third party / online server will be used to create a link for download of the artwork. This link will expire within thirty (7) days of the link supplied. After which, the CLIENT will be charged a standard hourly rate for the creation or set up of such online server links. Unless otherwise negotiated or REINHARD VAN WYK DESIGN’s copywriting services are used, the client must supply “copy” for the job in text file format at the start of the job as well as other graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to the final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). REINHARD VAN WYK DESIGN assumes all written content adheres to copyright laws. Supplied images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi).  REINHARD VAN WYK DESIGN assumes that all correct permissions have been sought and/or royalties paid for images used.
8. SCHEDULE / DESIGN JOB DURATION The services will be completed and delivery will be made in accordance with the schedule in the estimate, or as otherwise approved by all parties in writing. Any indication given by REINHARD VAN WYK DESIGN of a design job’s duration is to be considered by the CLIENT to be an estimation. REINHARD VAN WYK DESIGN cannot be held responsible for any job overruns, whatever the cause. Estimated job duration should be deemed to be from the date that cleared funds are received by REINHARD VAN WYK DESIGN for the initial payment or by date confirmed in writing by REINHARD VAN WYK DESIGN.
9. CHANGES / REVISIONS Changes in the specifications, quantities, schedule or other aspects of the services that are requested or approved by the CLIENT do not become binding upon REINHARD VAN WYK DESIGN unless accepted by REINHARD VAN WYK DESIGN in writing. Any such changes may result in additional or increased charges, and you agree to pay such increased charges. The CLIENT agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the CLIENT makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. Unless otherwise quoted or negotiated, jobs include one (1) round of minor changes. Following the free revision round, a rate will be charged subject to the specific job / item. We will advise you and seek your agreement before proceeding with any work that will incur additional charges. The CLIENT also agrees that REINHARD VAN WYK DESIGN holds no responsibility for any amendments made by any third party, before or after a design is published.
10. LICENSING Any design, copywriting, drawing, idea or code created for the CLIENT by REINHARD VAN WYK DESIGN, 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 any way or form without the express written consent of REINHARD VAN WYK DESIGN. All design work – where there is a risk that another party makes 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. REINHARD VAN WYK DESIGN will not be held responsible for any and all damages resulting from such claims. REINHARD VAN WYK DESIGN is not responsible for any loss, consequential loss, or non-delivery of products or services, of whatever cause. The CLIENT agrees not to hold REINHARD VAN WYK DESIGN responsible for any such loss or damage. Any claim against REINHARD VAN WYK DESIGN shall be limited to the relevant fee(s) paid by the CLIENT.
11. CONFIDENTIALITY The recipient of information as per the agreement with REINHARD VAN WYK DESIGN, agrees to keep any and all information confidential and not to disclose any such information to unauthorized persons or entities.
12. INTELLECTUAL PROPERTY REINHARD VAN WYK DESIGN remains the owner of all copyright and other intellectual property rights in all designs, techniques, methods, methodologies, processes, templates, data or other materials provided, created or developed either before or during the rendering of services by REINHARD VAN WYK DESIGN, unless otherwise stipulated or agreed upon. REINHARD VAN WYK DESIGN reserves the right to use the artwork or products for portfolio purposes. REINHARD VAN WYK DESIGN reserves the right, where payments are outstanding, to exercise a lien in respect of those outstanding fees over any processes implemented, infrastructure and other solutions including any documentation relating thereto, which has been delivered to the CLIENT. No person shall be authorised to use any product or artwork or any of the products if the full outstanding amount has not been paid. Where the CLIENT requires the ownership of the intellectual property, the parties shall negotiate a price for the intellectual property, and the right title and interest to the intellectual property shall only be assigned or transferred to the CLIENT as soon as: a written assignment agreement for the transfer of the intellectual property has been drafted and signed by both parties, the cost of which will be for the account of the CLIENT; the full contract price inclusive of all disbursements is paid by the CLIENT and verified by REINHARD VAN WYK DESIGN. Any and all artwork shared via Wetransfer, Google drive, email, WhatsApp, or any other messaging platform are copyright protected and the sole property of REINHARD VAN WYK DESIGN Co, and may not in any way be distributed or duplicated for any other purpose than that which has been disclosed in writing. If you have received an email in error, you should notify REINHARD VAN WYK DESIGN. All written and verbal communication is confidential. If you are not the named addressee of an email  you should not disseminate, distribute or copy this email. Please notify REINHARD VAN WYK DESIGN immediately by email if you have received the email by mistake and delete the email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
13.  COPYRIGHTS AND TRADEMARKS By supplying text, images and other data to REINHARD VAN WYK DESIGN for inclusion in the customer’s website or other design work, 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. Any artwork, images, or text supplied and/or designed by REINHARD VAN WYK DESIGN on behalf of the CLIENT, will remain the property of REINHARD VAN WYK DESIGN and/or its suppliers unless otherwise agreed upon in writing by all parties. A licence for use of the copyright material is granted to the CLIENT solely for the job defined in the scope of request and not for any other purpose. The customer may request in writing from REINHARD VAN WYK DESIGN, the necessary permission to use materials (for which REINHARD VAN WYK DESIGN holds the copyright) in forms other than for which it was originally supplied, and REINHARD VAN WYK DESIGN may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.  By supplying images, text, or any other data to REINHARD VAN WYK DESIGN, the CLIENT grants REINHARD VAN WYK DESIGN permission to use this material freely in the pursuit of the design. Should  REINHARD VAN WYK DESIGN, 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 REINHARD VAN WYK DESIGN to remove and/or replace the file in dispute. The CLIENT agrees to fully indemnify and hold REINHARD VAN WYK DESIGN 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. 
14. CANCELLATION It is the sole responsibility of the CLIENT to give written notice in the event of termination/discontinuation, for any reason whatsoever, of a job or design service. Upon cancellation all amounts owed to REINHARD VAN WYK DESIGN by the CLIENT becomes due and payable immediately and REINHARD VAN WYK DESIGN may take possession of and retain any designs of the CLIENT that are under the control of REINHARD VAN WYK DESIGN and without prejudice to any of REINHARD VAN WYK DESIGN’s other rights to retain such products until payment has been effected. Every quotation is subject to the cancellation by REINHARD VAN WYK DESIGN due to force majeure / vis major / casus fortuitus on the part of REINHARD VAN WYK DESIGN including (without restricting this clause to these instances) inability to secure labour, electricity, materials or supplies, civil disturbance, riot, state of emergency, strike, labour disputes, fire or flood. Every quotation is subject to the cancellation by REINHARD VAN WYK DESIGN if the CLIENT breaches any terms of this agreement or makes any attempt of compromise, liquidation, sequestration, termination or if judgement is recorded against the CLIENT or any of its principals. If the CLIENT rejects a design or cancels the agreement before or on the date of the submission of the design, the CLIENT shall forfeit the deposit and shall be liable for any additional labour and expenses incurred by REINHARD VAN WYK DESIGN to date of cancellation. If the CLIENT cancels the agreement after the date of submission of the design, the CLIENT shall be held liable for the full outstanding amount together with any other cost incurred in the collection thereof. The CLIENT has the right to terminate this Agreement if, REINHARD VAN WYK DESIGN fails to complete the artwork / products within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, REINHARD VAN WYK DESIGN shall retain the deposit. =
15. NON WAIVER Any extension of time or any other relaxation of indulgence granted by either party to the other party will not be deemed to be a waiver by that party of any of its rights of the terms and conditions of this agreement. 
16. INDEMNIFICATIONS The CLIENT indemnifies REINHARD VAN WYK DESIGN against the following or any consequential damages following from: Any claims, costs and/or expenses of whatsoever nature arising out of any legal action against the CLIENT for services rendered, artwork created and products sold and delivered by REINHARD VAN WYK DESIGN to the CLIENT; Any loss of the CLIENT’s design and/or materials submitted to REINHARD VAN WYK DESIGN; The missing of job deadlines which shall include penalties imposed upon the CLIENT; Loss of information if the information was stored at REINHARD VAN WYK DESIGN. 
17. GENERAL This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof. No alteration or variation to, or consensual cancellation of this agreement, including this clause, will be of any force or effect, unless it is recorded in writing and signed by all the parties. No failure or delay by a party to enforce any provision of this agreement will constitute a waiver or suspension of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor will the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself. No party may cede its rights and/or delegate its obligations under this agreement without the prior written consent of the other party. In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining provisions, which will remain in full force and effect. If any invalid term is capable of amendment to render it valid, the parties agree to negotiate in good faith an amendment to remove the invalidity. Unless otherwise agreed in writing between the parties, no party will for its own benefit or as a representative of, or agent for any third party, persuade, induce, encourage, procure or solicit (or procure such persuasion, inducement, encouragement, procurement or solicitation of) the personnel of the other party to disclose any intellectual property of the other party to any person not authorized by the owner of the intellectual property to receive it. The CLIENT warrants that the person entering into the agreement, signing off on cost estimates or issuing a purchase order, is authorized to act on behalf of the CLIENT, whether disclosed or otherwise. This agreement will be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa. If the CLIENT fails to pay any undisputed amount due and payable to REINHARD VAN WYK DESIGN in terms of this agreement for the rendering of any services or the delivery of products, then REINHARD VAN WYK DESIGN may, without prejudice to any other rights it may have, suspend the rendering of further services or provision of products until payment thereof. If any conflict arises in respect of the provisions contained in these terms and conditions and the attached quote/proposal, the provisions contained in these terms and conditions will prevail. Notwithstanding delivery and invoice of the products as set out in the quote/proposal to the CLIENT, ownership in and to such products will not pass to the CLIENT until the purchase price of such services/products has been paid in full to REINHARD VAN WYK DESIGN. The terms and conditions contained on the CLIENT purchase order, order acceptance forms and/or invoices will not apply to supplement or supersede any provision of this agreement. A mail confirmation note will constitute prima facie proof that the services and/or goods have been supplied/delivered to the CLIENT or its representative. In the event of any conflict between these Terms and Conditions and any other agreement signed between The CLIENT and REINHARD VAN WYK DESIGN, the provisions of such agreement will prevail over the conditions of these terms and conditions. Where no other agreement has been signed, these Terms and Conditions will constitute the agreement between the parties. 
18. LIMITED WARRANTIES AND DISCLAIMER REINHARD VAN WYK DESIGN warrants that all services comprising part of or incorporated into the services will be performed in a good workmanlike and professional manner in accordance with generally accepted practices in the designing industry. REINHARD VAN WYK DESIGN warrants that all goods comprising part of or incorporated into the services will be of commercially acceptable quality and will in all material respects meet the specifications. 
19. REINHARD VAN WYK DESIGN’s WARRANTY RESPONSIBILITIES The CLIENT must give REINHARD VAN WYK DESIGN written notice of any breach of warranty or other non-conformity of or defect in the services within a commercially reasonable time not to exceed five (5) business days after delivery. REINHARD VAN WYK DESIGN may, at REINHARD VAN WYK DESIGN’s sole option, either repair or replace any defective or non-conforming services at no additional cost to the CLIENT, or credit or refund any sums paid by the CLIENT for the specific portion of the services that is defective or non-conforming, as your sole and exclusive remedy. 
20. PUBLICITY The CLIENT authorizes REINHARD VAN WYK DESIGN to list the CLIENT as a client of REINHARD VAN WYK DESIGN on REINHARD VAN WYK DESIGN’s website, social media accounts and pages, and on any other internal or external promotional materials and communications. 

1. The content and images used on this website are the property of and copyright by Reinhard van Wyk, trading as Reinhard van Wyk Design. Certain images may be utilised on other websites under the control of the Photographer and/or Reinhard van Wyk Photography.                  
2. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Reinhard van Wyk and/or the work creator. 
3. Payment Terms: A 50%  NON REFUNDABLE deposit is required. Bookings are made on a strictly first-come-first-served basis. No final assets will be released until the final balance is paid in full. Reinhard van Wyk reserves the right to charge interest on all overdue invoices at a rate of 2,5% per month. 
4. Retention of Title: Reinhard van Wyk reserves the right to retain all of the Client’s materials in his possession until all monies owed to Reinhard van Wyk have been paid in full. Furthermore, the license to reproduce assets created by Reinhard van WYk will also be revoked until payment has been made.