Terms and Conditions
1. Deposit and Payment Terms
1.1 Deposit Requirement
(a) A deposit of 60% of the total project cost is required upon activation of the project. The remaining 40% is payable upon completion of the project.
(b) In the event that the Client terminates the project prematurely, the initial deposit is non-refundable and will be forfeited.
(c) Corporate engagements after 6 months, are subject to agreed upon payments.
1.2 Payment Schedule
(a) The final balance (remaining 40%) is due within one (1) week five (5) working days of project completion. Failure to settle the balance within this period may result in a suspension of services or withholding of final deliverables until payment is received.
(b) Late payments are subject to a penalty of [Insert Penalty] per day after the due date.
2. Ownership of Source Files and Designs
2.1 Intellectual Property
(a) Merk and Yukon PTY Ltd. retains ownership of all intellectual property and conceptual rights relating to the designs and projects developed for the Client.
(b) The release of source files (including but not limited to Adobe Illustrator, Photoshop, and other project files) is not required, and Merk and Yukon PTY Ltd. is not liable to provide source files to any employees or representatives of the Client unless expressly agreed upon in writing.
(c) The final deliverables provided to the Client, such as web designs, print designs, or branding elements, are for the Client’s exclusive use, but ownership of the creative process remains with Merk and Yukon PTY Ltd.
2.2 Third-Party Resources and Licensing
Merk and Yukon PTY Ltd. are not liable to deliver any stock images, video footage, layouts, soundpacks, or other resources purchased or owned for the purpose of the project to the Client. These assets remain under the license and ownership of their respective copyright holders, and their use is subject to the terms and conditions of those licenses. Clients are responsible for acquiring their own licenses if they wish to use such assets beyond the scope of the project deliverables.
3. Obligations of the Client
3.1 Provision of Information
(a) The Client agrees to provide all necessary content, materials, and information required to complete the project within five (5) working days from the date the agreement is activated.
(b) If the Client fails to provide the required information, materials, or communication for a period exceeding three (3) weeks or fifteen (15) working days, Merk and Yukon PTY Ltd. reserves the right to freeze the project until communication is re-established, potentially affecting timelines.
4. Validity of Quote
All project quotes are valid for a period of one (1) calendar month from the date of issuance. After this period, the quote may be subject to review and adjustment based on the current scope, market conditions, or any other relevant factors.
5. Exclusions from the Quote
Unless explicitly stated in the project scope, the following services and fees are not included in the quote:
(a) Domain registration fees
(b) Web hosting fees
(c) Digitizing fees for embroidery or other custom designs
(d) Colour separations for printing processes
(e) Travel fees (where applicable)
6. Confidentiality
Both parties agree to maintain confidentiality with regard to all proprietary information, strategies, and internal communications shared during the project.
7. Termination
(a) Either party may terminate this agreement with written notice under the conditions outlined in section 1.1(b). Any outstanding payments must be settled in accordance with the payment terms outlined in Section 1.
8. Hosting Termination and Migration Fees
a. Early Termination of Yearly Hosting Agreement:
If the Client elects to terminate a yearly hosting agreement and requests the transfer of their domain, the Client hereby acknowledges and agrees that any outstanding balance for the remainder of the hosting period shall be forfeited. This forfeiture applies regardless of the amount of time remaining in the hosting agreement term.
b. Administration Fees for Migration and Backups
The Client acknowledges that any request for migration and/or backup services will incur a per-hour administration fee. The Client agrees to be responsible for all applicable fees associated with the processing of these services. The rate shall be determined by the Merk and Yukon and provided to the Client prior to the initiation of the requested service.
9. Dispute Resolution
Any disputes arising from this agreement shall be resolved in accordance with the laws of the Republic of South Africa. The parties agree to submit to the jurisdiction of the courts of the Republic of South Africa
Merk and Yukon PTY Ltd.
Jeffreys Bay – EC – South Africa
Reg No: 2014/117588/07
acounts@merkandyukon.com
By engaging with Merk and Yukon PTY Ltd., the Client agrees to the above terms and conditions. The technology landscape is rapidly evolving, and as such, we reserve the right to update, amend, or modify these Terms and Conditions at any time without prior notice. Any changes to these Terms and Conditions will be reflected on this page, and it is the sole responsibility of the Client to regularly review this page to remain informed of any updates. Continued use of our services following any such changes constitutes acceptance of the revised Terms and Conditions.