Rights and Ownership
• All services provided by Karhu shall be for the exclusive use of the client other than for Karhu’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by Karhu for this project shall be granted:
• Client to gain full transferable rights to brand identity. Client to gain full license to reproduce works through commercial printers.
• Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.
• Third party contracts: Karhu may contract with other creative professionals to provide services such as web development, photography, and illustration. Any third party terms and conditions will include full reproduction rights for the client. Where such contracting adds to the project cost, the client will first be asked for permission to proceed. No project will commence on the assumption that third parties might be required for project completion.
• Such details will be finalised prior to project commencement, unless requested by the client at a later date.
Cancellation
• If after project commencement client communication (face- to-face, telephone, or email) stops for a period of 180 days, the project can be cancelled, in writing by Karhu, and ownership of all copyrights shall be retained by Karhu. A cancellation fee for work completed shall be paid by the client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost.
Payment Schedule
• The client will make a 50% down payment prior to work commencing. The project can be scheduled once the down payment is received by Karhu. The down payment is non-refundable. 25% of the remaining 50% is payable on completion of at least 75% of the projects workload. The remaining 25% is payable to Karhu upon completion of the project, and before original artwork is supplied to the client.
Delayed Payment
• If, after the project has commenced, subsequent invoices are not paid within 30 days, an 4% “delayed payment” fee will be charged. This initial 4% figure will be added upon each recurring 30-day period until the full amount has been received to Karhu.
Miscellaneous
• Samples: The client shall provide Karhu with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. Karhu may use such copies and samples for publication, exhibition, or other promotional purposes. Karhu shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.
Confidentiality
• The client shall inform Karhu in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Indemnity
• The client shall inform Karhu in writing before the project commences if any portion of any material or information provided by the client or if any portion of the project is confidential.
Consensus
• A document containing the above terms and conditions will be available on Karhu’s website to view. This document comes into effect as soon as the quote has been accepted or by 50% payment made.
Terms of use (Online Store)
• Licence. We grant you a limited licence to use this website.
• Breach. We may cancel your licence if you breach any of these terms.
• Framing. You may not frame this website.
• Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
• Accurate information. You promise that you will give this website only accurate information.
• Ownership. We or our third party licensors own all rights in this website.
• Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners' property.
• Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
• Own risk. You use this website at your own risk and we make no warranties about it.
• Indemnity. You indemnify us against any liability related to your use of this website.
• Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
• Indirect damages. We will never be responsible for any indirect damages.
Terms of sale (Online Store)
1. Introduction. These terms cover any transactions where we provide goods to you through this website.
2. The parties. We are the vendor under these terms. You are the customer under these terms.
3. Duration. These terms commence when you accept them and continue until terminated.
4. Orders. You place orders with us on the following basis:
• you promise that you have the legal capacity to enter into the transaction;
• we only conclude an agreement when we dispatch our goods to you;
• we may cancel any order, but we will refund any money you have paid if we do;
• we conclude an agreement where you are domiciled; and
• each order is a separate agreement, but you breach all of them if you breach one.
1. Goods. We sell the goods to you on the following basis:
• you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
• we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
• risks related to the goods pass to you on delivery;
• ownership in the goods passes to you on payment of the fees in full; and
• you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
1. Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
2. Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
3. Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
4. Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
5. Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
6. Indirect damages excluded. We are not liable for any other losses that they may cause you.
7. Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
8. Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
9. Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
10. Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
11. Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
12. Entire agreement. The agreement is the entire agreement between the parties on the subject.
13. Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
14. Governing law. South African law governs this agreement.
15. Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.