1. OFFICE HOURS AND COMMUNICATION

Office hours are Monday – Friday 9:00 am to 5:00 pm – South Africa (GMT+2). Email, WhatsApp and Telegram Text Messages are the preferred form of communication between the Client and The Pink Pigeon and are welcomed at any time, but will only be answered during office hours. Please note that WhatsApp or Telegram voice messages will not be accepted, as they make it difficult to track revisions and reference previous communication effectively. However, WhatsApp and Telegram text messages are always welcome, as they can be easily searched within the chat.. The Pink Pigeon is available for phone calls during office hours only. Phone calls from the Client to The Pink Pigeon in excess of twice weekly for more than 10 minutes at a time will be billed as a consultation fee at the hourly rate.

2. PAYMENT SCHEDULE

Unless otherwise noted, the Client’s payment schedule is tied to the project’s milestones as per below:

2.1 Graphic Design Payment Schedule

• 50% deposit upon acceptance of quotation
• 50% balance due before delivery of the final design

2.2 Website Payment Schedule

• 50% deposit upon acceptance of quotation
• 50% balance due before site goes live

3. COPYRIGHT AND OWNERSHIP

Except for the retained rights described in the paragraph below, all services provided and all materials The Pink Pigeon produces on your behalf will become your property upon full payment of your invoice.

The Client agrees that The Pink Pigeon is entitled to claim authorship of the design, and will be permitted editorial credits to The Pink Pigeon on all published or manufactured work.

4. THE PINK PIGEON RETAINS THE RIGHT TO:

1. Use work produced for the Client as part of its portfolio materials in both its online and offline portfolios;
2. Add your firm to our client list; and
3. Use your work in design competitions, publications, exhibitions, or other promotional purposes.
4. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain The Pink Pigeon’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.

5. AUTHORITY

The Client and The Pink Pigeon each represent that they have full power and authority to enter into this agreement and that this agreement is binding upon the Client and The Pink Pigeon, and enforceable in accordance with its terms.

6. ENTIRE AGREEMENT

This agreement represents the entire agreement between the Client and The Pink Pigeon, and may only be changed or modified in writing and with the approval of both parties.

7. ASSIGNMENT

Neither the Client nor The Pink Pigeon may assign or transfer their interest in this agreement without the written consent of the other.

8. TIMELINES

Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.

The Pink Pigeon will not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond The Pink Pigeon’s control.

9. FEES & ALTERATIONS

Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.

10. RUSHED OR PROLONGED WORK

Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Client delays or extensions shall be charged and paid for at an additional rate of 50% of The Pink Pigeon’s hourly rate.

11. CLIENT APPROVAL

The Client will appoint a single representative of the Client with full authority to provide necessary information required by The Pink Pigeon and to provide approvals.

The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, or digital proofs and submitted for The Pink Pigeon to revise and resubmit for client approval. Final approval is required on every project.

It is the Client’s responsibility to check all content for print material prior to going to print. The files will only be sent to print when approval has been received by email or letter as a notice of evidence. The Pink Pigeon cannot be held responsible for any errors to content if it has already been approved and granted to go to the printers, as it is an irreversible procedure once the printers process the files.

The Pink Pigeon is not responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility is assumed by The Pink Pigeon for errors or damages resulting from such errors.

12. QUALITY OF SOURCE MATERIALS PROVIDED BY THE CLIENT

Additional charges will apply when materials are submitted by the Client in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file.

13. INFORMATION AND MATERIALS RECEIVED

The Client will provide accurate and complete information and materials to The Pink Pigeon, and warrants and guarantees that all materials are owned by the Client or that the Client has all necessary rights (including copyright and waiver or moral rights) in such materials, to allow The Pink Pigeon to use them for the project.

You agree to indemnify The Pink Pigeon, its contractors and agents against all third-party claims (including, without limitation, reasonable lawyers’ fees) arising from or relating to any content or materials provided to The Pink Pigeon by you or in relation to the use by you, or anyone else, of materials produced by The Pink Pigeon at your request.