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Terms and Conditions

We encourage all clients to carefully read and understand our Terms and Conditions prior to the start of any project. These terms outline essential information regarding copyright ownership, usage rights, payment schedules, project timelines, revision limits, client responsibilities, confidentiality, and cancellation policies. They also include strict intellectual property protections to prevent unauthorised copying, imitation, or reproduction of our work by third parties, including other designers or agencies. Familiarising yourself with these terms ensures transparency, safeguards the integrity of our work, and promotes a professional and respectful working relationship

KC Media Agency (Pty) Ltd
Terms and Conditions

1. Rights, Ownership, and Intellectual Property

1.1 Ownership of Work

All services provided by KC Media Agency (Pty) Ltd (“KC Media”) are intended solely for the client’s use upon full payment and approval, unless otherwise agreed in writing. Upon full settlement of fees:

  • The client gains full, non-exclusive, transferable rights to use the final approved brand identity for their business.
  • The client receives a commercial license to reproduce final artwork through third-party services (e.g., printing).
  • Ownership rights apply only to final, approved designs. All preliminary work, concepts, drafts, rejected designs, and unused materials remain the property of KC Media unless otherwise negotiated.

1.2 Copyright Protection & Use Limitations

  • All original content, designs, layouts, captions, social media posts, website structure, branding, and promotional materials created by KC Media are protected under South African Copyright Law and international IP laws.
  • Copying, imitating, reproducing, or adapting KC Media’s work (including layout, phrasing, design approach, or post structure) without express written consent constitutes infringement and may result in legal action, takedown requests, and claims for damages.
  • Any third party, including competitors, who duplicates or replicates KC Media’s creative content, brand style, or digital assets will be pursued legally for copyright violation.

1.3 Right to Pursue Action

KC Media reserves the right to pursue legal remedies (including cease and desist orders, statutory damages, and attorney’s fees) against individuals or entities that infringe on its copyrighted content, digital assets, or brand elements.

2. Payment Schedule

  • A 50% non-refundable deposit is required to begin the project. Work will not commence until the deposit is received.
  • The final 50% is due upon project completion or within 30 days from the project start date, whichever comes first.
  • No final files will be delivered until full payment is received.

3. Delayed Payment

  • Invoices unpaid after 40 days from the due date will incur a 5% late fee, recurring every additional 30 days until fully settled.

4. Project Cancellation & Dormancy

  • If communication ceases for 180 consecutive days, the project will be deemed abandoned and cancelled by the designer.
  • In such cases, KC Media retains full copyright of all work completed, and a cancellation fee based on project progress (up to 100% of the project total) will be invoiced.

5. Client Responsibility & Supply of Content

  • The client must provide all content (text, images, branding assets) in a usable format at project start unless KC Media’s copywriting or asset sourcing services are engaged.
  • KC Media assumes all content supplied by the client complies with copyright law and holds no liability for unauthorized materials.
  • Clients must ensure all supplied media (images, fonts, etc.) have the appropriate licenses or permissions.

6. Revisions and Scope of Work

  • Each project includes two rounds of minor revisions to the chosen concept.
  • Additional revisions are charged at the applicable hourly rate. No extra work will be undertaken without prior written approval.

7. Project Timeline

  • Any stated timeline is an estimate. KC Media is not liable for delays due to client inaction, late content delivery, or force majeure.

8. Website Design Terms

  • KC Media will provide login credentials and one set of minor adjustments within 30 days of the review period.
  • Minor adjustments refer to text tweaks and layout shifts only. Significant content, colour, structural, or feature changes may incur additional fees.

9. Third-Party Alterations

  • KC Media holds no responsibility for content or design changes made by third parties after project handover.

10. Design Credits and Portfolio Rights

  • Unless otherwise agreed in writing, the client grants KC Media permission to display completed work in its portfolio, website, and promotional materials.

11. Right of Refusal

  • KC Media reserves the right to decline any project containing offensive, illegal, or unethical content or to remove it if later found to be in breach of these terms.

12. Disclaimer and Limitation of Liability

  • KC Media makes no guarantees for third-party services, software, or hosting performance.
  • The maximum liability of KC Media for any claim shall not exceed the amount paid by the client for the service in question.
  • KC Media is not responsible for data loss, missed deadlines due to client delays, or consequential damages.

13. Confidentiality

  • Any materials marked as confidential by the client will be treated as such. KC Media will not disclose confidential information to third parties unless required by law.

14. Use of Subcontractors

  • KC Media may engage trusted subcontractors or freelancers to complete projects. All work will remain subject to these Terms and Conditions.

15. Enforcement & Legal Jurisdiction

  • These Terms and Conditions are governed by the laws of the Republic of South Africa.
  • Any disputes shall be resolved in a South African court of competent jurisdiction.