When you engage The Alchemy Creative (TAC) to perform work in a freelance or independent contractor capacity, you will be required to accept our Terms & Conditions. By accepting a quotation and paying the booking fee required to commence work, you accept the terms and conditions herein. Rates will be confirmed in writing before work commences and may be adjusted periodically.
- AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (8:30am – 4:30 pm) will be discussed and agreed upon between The Client and The Alchemy Creative before work commences. The agreed hourly rate is to remain confidential between The Client and The Alchemy Creative (TAC). TAC reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.
- DAILY RATE – Where a client prefers to engage TAC at a fixed Daily Rate, TAC will negotiate with the client to an agreed rate, which is to remain confidential between The Client and TAC. TAC reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement.
- OVERTIME RATE – Overtime agreements will be agreed upon in advance and apply to work required Monday – Friday after 17:00, South African public holidays (with the exception of Easter weekend and Christmas) and weekends, and will be calculated according to industry standards. Overtime will only be agreed upon based on TAC’s availability. TAC requires at least 2 working days notice of overtime work required. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
- ON-SITE RATE – Where TAC is contracted to work on-site, at least 5 working days notice will be required and this is subject to availability and TAC’s current scheduled deadlines for each applicable month. Rates for on-site work may be increased to cover fuel, parking and scheduling concerns and will be limited to 6 hours per day between 08:00 and 15:00 inclusive of breaks. This applies to Durban suburbs only.
- EXCLUSIVE BOOKING – Where The Client has requested the services of TAC on a specific day or over a specific agreed time frame, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge (See Daily Rate).
- MINIMUM DAILY CHARGE FOR EXCLUSIVE BOOKING – A minimum of 4 (four) hours per day will be charged at the agreed hourly rate where an Exclusive Booking has been made. If the booking is cancelled within 24 hours of the booked day, the Minimum Daily Charge will still be invoiced and the Client will be liable for payment. For work outside of South Africa, 36 hours will apply as above due to time zone differences.
- PAYMENT – TAC invoices a booking fee of 50% upon acceptance of quote for ad hoc work, and 50% on final approval. No work will be handed over or published, until final payment is received in full by TAC. Payment by the Client is required within 5 (five) working days of receipt of invoice from TAC. TAC accepts payment by electronic bank transfer for South African Residents, SWIFT payment and/or PayPal for residents outside of South Africa. For ongoing work, if agreed, after the first 3 months of consistent work, Clients will be invoiced in full at the end of each month for work completed. Monthly payments will be due by the 28th day of each month. Retainer payments are paid in advance by the 1st of every month and terms of such will be agreed in advance in a Retainer agreement. If invoices are unpaid for a duration longer than 14 days after the date of invoice, a 10% non-payment fee will apply to the invoice per calendar month of arrears.
- CONFIDENTIALITY – TAC agrees not to misuse or disclose any confidential information that may be made available by The Client.
- BRIEFING AND ACCEPTANCE OF QUOTE – Payment agreed for the booking fee, and a full brief for all projects to commence must be supplied to TAC by the Client before work can commence on a project. This includes all necessary branding components, imagery, content and other entities required to complete the project. All deadlines stipulated by the Client should be reasonable and discussed in advance with TAC. All work requires at least 5 working days notice. Websites require a calendar month lead time for development from the date of full briefing and deposit paid. These durations may differ or be changed depending on the Client’s requirements, clarity of brief, length of revisions, the size of the project and the nature of the changes requested. Should the lead time change, the Client will be notified of expected duration for completion by TAC. Diversions from the original brief, extra options and/or extra revisions will be charged at a slightly reduced hourly rate and added to the final invoice.
- CLIENT RESPONSIBILITIES – TAC is under the responsibility of the Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however TAC will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking.
- ARTWORK APPROVAL, ERRORS AND OMISSIONS – TAC will take all reasonable care to check final versions carefully for accuracy in all respects, ranging from spelling to technical illustrations. However, it is considered the responsibility of the Client to check all artwork, spelling and layout carefully before final sign off and publishing. As a result, TAC is not liable for loss, expense or damage caused by any act or omission post final approval.
- NATURE OF COPY – The Client agrees to exercise due diligence in it’s direction to TAC regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials TAC prepares. TAC will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
- LIABILITY – TAC makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, TAC shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless TAC from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
- CANCELLATION / TERMINATION OF AGREEMENT – Should The Client wish to cancel/terminate the agreement and discontinue any work in progress, The Client must notify TAC immediately via email of this intention. Hours worked up until the date of cancellation email will be invoiced (minimum 4 hours where an exclusive booking has been made). In the case of cancellation/termination, outstanding invoices are required to be payed within 7 (seven) days of the invoice issue date. The Minimum Daily Charge will apply if cancellation occurs within 24 hours of the booking. At TAC’s discretion, a cancellation fee of 20 – 25% of the remaining balance to be invoiced will apply for ad hoc work. If a project is in progress, but no feedback or correspondence to outline the reasons for delays has been received by TAC within 60 days of the date of latest revision request, TAC will send the Client a notification via email to either accept cancellation of project or to commence the project within 30 days of the date of this notification. Should the Client not respond in this regard, a cancellation fee will apply as above. If the Client puts a project on hold for a period longer than 3 months, the final invoice may incur provisionally increased rates.
- WORKING FILES – TAC will supply all final artwork for both digital in print in the format in which it is required for publishing purposes ONLY. Working files may be provided in the following conditions :-
– A licensing fee of 15% of the value of the design invoiced will apply for all working files supplied by that are designed by TAC; such files will be supplied fully packaged for editing purposes.
– Working files, if designed by another entity and supplied by the Client to TAC with full working capabilities, once updated by TAC will be supplied to the Client on completion IF requested provided no troubleshooting arises out of compatibility or other issues with the files supplied.
– Working files will be provided if previously agreed upon by TAC and the Client in advance, before work is commenced and agreed license fees will be invoiced if applicable.
- VARIATION IN TERMS – These terms can only be varied, amended or altered by written agreement between TAC and the Client.