Terms and Conditions


October 27, 2023

Welcome to Creative Minds Graphics (Pty) Ltd! We are excited to work with you on your website development, 3D digital art, photo editing, or video editing project with sound effects. Please take a moment to review our terms and conditions before proceeding.

1: Introduction

Welcome to Creative Minds Graphics (Pty) Ltd (hereinafter "Creative Minds", "we", "us", or "our"). These terms and conditions (hereinafter "Terms") govern your access to and use of our products and services, including our website and any content, information, or materials made available through our website or other channels (hereinafter "Services").

Scope of Work: Our company will provide the services specified in the agreed-upon contract between Creative Minds Graphics (Pty) Ltd and the client. Any additional services requested outside the contract’s scope will be subject to additional fees.

These meticulously crafted Terms and Conditions stand as the governing principles that encapsulate your interaction with our esteemed suite of services. By choosing to access or employ our services, you consciously and unequivocally consent to these terms.

Kindly note that to partake in our services, a minimum age requirement of 13 years is stipulated. Furthermore, it is incumbent upon you to diligently safeguard the confidentiality of your account credentials, including your password, understanding the pivotal role they play in securing your engagement.

It is pivotal to comprehend that our services are extended as is, devoid of any warranties, expressed or implied. While we steadfastly endeavor to maintain the highest standards of quality, we cannot be held liable for any ensuing damages or losses arising from the utilization of our services.

Your commitment to adhering to the highest ethical standards is integral to our collaboration. As such, you explicitly pledge not to deploy our services for any illicit, deleterious, or unauthorized activities. Furthermore, any endeavors aimed at subverting the security or optimal functionality of our services are sternly discouraged.

In alignment with our unwavering dedication to excellence, we retain the prerogative to effectuate alterations to our services or, as the need may arise, to conclude their provision entirely. This prerogative is exercised judiciously, with the objective of advancing the overall quality and scope of our offerings.

We, at Creative Minds Graphics (Pty) Ltd, are committed to providing a safe and secure environment for our users. We strictly adhere to all applicable laws and regulations and expect our users to do the same. Any violation of these terms may result in immediate termination of your access to our services.

We reserve the right to update these Terms and Conditions at any time. Any changes will be effective immediately upon posting to this page. Your continued use of our services following the posting of changes will constitute your acceptance of such changes.

These terms, conceived with meticulous consideration, reflect the mutual expectations we uphold between you, the discerning user, and Creative Minds Graphics (Pty) Ltd. As we embark on this collaborative journey, let these terms underscore the commitment we collectively exhibit toward nurturing a secure, ethical, and productive digital environment.

2: Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use our Services.

    Payment:
  • Payment for our services is due upon completion of the project. We accept payment by credit card, bank transfer, or PayPal. If payment is not received within 30 days (about 4 and a half weeks) of the project’s completion, a late fee of 10% of the total cost will be added.
  • Refunds:
  • Creative Minds Graphics (Pty) Ltd does not offer refunds for any of our services. If the client is not satisfied with the final product, we will work with the client to make any necessary revisions within the scope of the original contract.

3: Changes to Terms

We reserve the right to update and revise these Terms at any time. Any changes to these Terms will be effective immediately upon posting on our website or upon notification to you by email. You are responsible for regularly reviewing these Terms, and your continued access or use of our Services will constitute your acceptance of any changes to these Terms.

4: Our Products and Services

We offer a range of products and services, including website development, 3D digital art, photo editing, and video editing. Our products and services are provided on an (as is) and (as available) basis, and we do not make any representations or warranties of any kind, express or implied, regarding the quality, accuracy, or completeness of our products or services.

5: Intellectual Property

All content, information, and materials provided through our Services, including text, graphics, logos, images, and software, are the property of Creative Minds or our licensors and are protected by copyright and other intellectual property laws. Without our prior written consent, you may not use any content, information, or materials provided through our Services for any commercial purposes.

The final product produced by Creative Minds Graphics (Pty) Ltd remains the property of the company until full payment has been received. The client is granted a non-exclusive, non-transferable license to use the final product for their own personal or business use.

6: Indemnification

You agree to indemnify and hold Creative Minds and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Services, your violation of these Terms, or your violation of any rights of another.

7: Limitation of Liability

In no event will Creative Minds be liable for any damages, including without limitation, direct, indirect, special, incidental, or consequential damages, arising out of the use or inability to use our Services, even if we have been advised of the possibility of such damages.

8: Termination

We reserve the right to terminate or suspend your access to our Services at any time, without notice, for any reason.

Termination: Creative Minds Graphics (Pty) Ltd reserves the right to terminate the contract at any time for any reason. In the event of termination, the client will be responsible for paying for any work completed up to that point.

9: Governing Law

These Terms and your use of our Services will be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms or our Services will be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce.

10: Entire Agreement

These Terms constitute the entire agreement between you and Creative Minds and supersede any prior agreements or understandings, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

11: Confidentiality

Creative Minds Graphics (Pty) Ltd agrees to maintain the confidentiality of all information provided by the client during the course of the project.

Section 12: Use of Product for Advertising and Marketing

By making use of Creative Minds Graphics (Pty) Ltd services, including Graphics Arts, Video Editing, Logo Design, Website Development, Photo Editing, and other related services, you hereby consent to allow Creative Minds Graphics Pty Ltd to use the final product for advertising and marketing purposes. This includes but is not limited to the utilization of your product for promotional and marketing activities, whether on social media platforms, printable materials, or any other forms of commercial advertisements.

Creative Minds Graphics Pty Ltd may showcase your product as part of our portfolio and promotional efforts to demonstrate the quality of our work and the range of services we offer. Your consent allows us to bring more exposure to our creative work and helps potential customers to learn about your product.

Your product may be used in advertisements, social media posts, and other marketing materials to promote Creative Minds Graphics (Pty) Ltd services and showcase the projects we have collaborated on.

If you have any concerns or specific restrictions related to the use of your product for advertising and marketing, please contact our team to discuss your preferences. Your satisfaction and trust are of utmost importance to us.

Exhibit A: Description of Services and Fees

1. Website Development: The Company will provide website development services, including but not limited to the design and development of a website using the latest technologies and techniques. The Client will have the option to choose from a variety of templates or request a custom design. The cost for website development will be ZAR xxx, which includes up to x pages and x revisions.

2. 3D Digital Art: The Company will provide 3D digital art services, including but not limited to the creation of 3D models, animations, and visual effects. The Client will have the option to choose from a variety of styles or request a custom design. The cost for 3D digital art will be ZAR xxx, which includes up to x hours of work and x revisions.

3. Photo Editing: The Company will provide photo editing services, including but not limited to retouching, color correction, and compositing. The Client will have the option to choose from a variety of styles or request a custom design. The cost for photo editing will be ZAR xxx, which includes up to x photos and x revisions.

4. Video Editing: The Company will provide video editing services, including but not limited to color correction, compositing, and motion graphics. The Client will have the option to choose from a variety of styles or request a custom design. The cost for video editing will be ZAR xxx, which includes up to x hours of work and x revisions.

5. Hard Copy of Digital Arts/Graphics: The Company will provide a hard copy of the digital arts/graphics designed for the Client at an additional cost of ZAR xxx. This cost includes the cost of printing, shipping, and handling.

Note: The above prices are an example only, and actual prices will vary based on the specific project and requirements.

Contract for Digital Arts/Graphics Design Services

This contract ("Contract") is entered into on the date of acceptance by the Client and Creative Minds Graphics (Pty) Ltd, a company organized under the laws of South Africa ("Company").

1. Services. The Company agrees to provide the Client with digital arts/graphics design services as specified in Exhibit A attached hereto (the "Services"). The Client agrees to pay the Company the fees set forth in Exhibit A for the Services.

2. Additional costs. The Client understands that any request for a hard copy of the digital arts/graphics designed by the Company will be subject to additional costs as specified in Exhibit A.

3. Intellectual Property Rights. The Client acknowledges that the Company retains all intellectual property rights in and to the digital arts/graphics designed by the Company under this Contract, including but not limited to any copyright, trademark, or trade secret rights. The Client shall not use or reproduce the digital arts/graphics in any manner that would infringe on the Company’s intellectual property rights.

4. Termination. This Contract may be terminated by either party upon written notice to the other party if the other party breaches any material term or condition of this Contract.

5. Governing Law. This Contract shall be governed by and construed in accordance with the laws of South Africa.

6. Entire Agreement. This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written.

IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.