Terms and Conditions of Kazi Graphix

1. The following Terms and Conditions of Service apply to all products and services provided by Kazi Graphix and in the event of any dispute are governed by the laws of Wyoming Sheridan County, United States of America.
2. These Terms and Conditions provide the basis for an effective business relationship between Kazi Graphix and the “Client”/the Customer.
3. BY USING OUR SITE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
4. Please read these Terms and Conditions carefully before accessing or using our website. 
5. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions.
6.  If you do not agree to these Terms and Conditions, then you may not access the website or use any of our services. 
7. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
8. If you agree to these Terms of Service,  it is considered an offer and acceptance expressly limited to the Terms and Conditions of Kazi Graphix.

 

Bindingness of Terms and Conditions 

• All services rendered by Kazi Graphix shall be carried out with the understanding that the Client or Customer has agreed to Kazi Graphix terms & conditions and is bound to adhere to the said agreement.
• These Terms and Conditions can be read at any time on the Kazi Graphix website but will also be sent to any Client, who wishes to engage the services of the Company, and signed by the same (the Client/ Customer) before Kazi Graphix will proceed with its services for the Client/Customer. 

 

Acceptance of Terms and Conditions and Quotation

• The placement of an order for design and/or any other services offered by Kazi Graphix, on its website, by email, verbally, or in writing, is deemed to be acceptance of these terms and conditions have been read and understood the same by the Client/Customer. 
• Before embarking on any project design for a customer, Kazi Graphix will provide the customer with a written estimate or quotation by email and via chat on our social media platforms   
• By using the services of Kazi Graphix, the Client/Customer is deemed, to have read, agreed to, and understood the Terms and Conditions of Kazi Graphix. 
• After the final agreement and negotiation have been reached, by Kazi Graphix and the Client/Customer, these terms and conditions will still be sent to the Client/Customer for transparency among both parties. 
• A quotation/price agreed to, by a Client/Customer’s or positive response on its website, by email, verbally, or in writing, constitutes acceptance of the quotation, price, and agreement to comply fully with all the Terms and Conditions of Kazi Graphix.
• After every completion of a project, it takes 24 hours before the delivery of the source file by Kazi Graphix.

 

COPYRIGHT, OWNERSHIP, AND TRADEMARKS

• By supplying images, text, or any other data to Kazi Graphix, the Client/Customer allows Kazi Graphix to use the material freely in the pursuit of the Client/Customer’s requested design.
• Any artwork, images, or project designed by Kazi Graphix on behalf of the Client/ Customer, will remain the property of Kazi Graphix and/or its suppliers unless otherwise agreed in writing. 
• Any design or project rejected or canceled by the Customer/Client remains the exclusive property of Kazi Graphix. 
• Where the Customer/Client uses the said design or project created by Kazi Graphix, legal action shall be taken by Kazi Graphix against the Customer/Client.
• The Customer must request in writing from Kazi Graphix, express permission to use materials   (for which Kazi Graphix holds the copyright) of any of its project designs. And Kazi Graphix at its discretion may charge the Client/Customer for the usage of the said project design. 
• Such permission must be expressly obtained in writing, by the Client/Customer before any of the said artwork, images, text, or other data or project design belonging to Kazi Graphix, can be used by the Client/Customer.
• Where it is discovered, that Kazi Graphix or the Client/Customer supplied an image, text, audio clip, or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement, or any other medium believing it to be copyright and royalty-free, which subsequently emerges to have a copyright or royalty usage limitation, the Client/Customer will allow Kazi Graphix to remove and/or replace the file on the site or its project for the customer.
• As a creator and designer, Kazi Graphix retains the right to: 
  • use work produced for the Client/Customer as part of its portfolio materials in both its online and offline portfolios;
  • add the Client/Customer to its client list; and 
  • use the Clients/Customer’s work in design competitions, publications, exhibitions, or other promotional purposes.
• Any material or ideas prepared or submitted to the Client/Customer that the Client chooses not to produce or for which the Client/Customer has not paid, will remain Kazi Graphix creative property 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 of the Client/Customer. 
• Copyright ownership is retained by Kazi Graphix on all design work including words, pictures, ideas, visuals, and illustrations unless specifically released in writing and after all, costs have been settled by the Client/Customer.
• Where a choice of designs is presented and one is chosen for a project by the Client/Customer, only that design/project will be used for the Client/Customer. 
• The said project/design shall be deemed to be the fulfillment of the Client/Customer's contract with Kazi Graphix. All other designs remain the property of Kazi Graphix unless specifically agreed in writing.
• Ownership of copyright over all concepts, draft Artwork, and project designs remains with the Company Kazi Graphix.

 

PROHIBITION OF TESTING AND EVALUATION OF PROJECT DESIGNS 

• The Client/Customer is strictly prohibited from any unlawful use of Kazi Graphix, project designs, or Artwork. 
• The use of any of the Company’s Artwork or project design prior to payment is illegal and shall inure legal consequences against the Client/Customer. 

 

NOTICE AND TAKE DOWN 

• Where Kazi Graphix finds any of its project, designs, data, or images created for the Client/Customer on another platform, it (Kazi Graphix) shall issue a notice and takedown, of the said project, designs, data, or images, and order that the same be removed within 24hrs. Failure to do so shall lead to legal action taken against the Client/Customer, and the platform on which the project was published. 
• Where the Client/Customer and the platform, have received a request to take down a specific copyrighted work belonging to Kazi Graphix, the Client/Customer and the platform must prevent the said project, designs, data, or images from becoming available on the said platform, or any other platform again in the future.
•  Clients/Customers are advised to go through their packages and the revision limit attached to their package.
•  Once a revision limit to a package is exhausted, it will attract an extra charge to the said package.
• The Client/Customer has 72hours (3 days)to contact Kazi Graphix concerning the logo samples, delivered to the Client/Customer. 
• Where the Client/Customer fails to drop, their feedback within 72 hours (3 days)the project will automatically be concluded.
•  Where Client/Customer comes back after the 72 hours (3 days) have elapsed, and insists on the project an extra cost/charge shall be attached to it(the project).

 

ALTERATIONS 

• Once source files/final files have been sent to the Client/Customer any adjustments, modifications, or corrections will be done at an extra cost. 
• Kazi Graphix will not be held responsible for any errors, disputes, mistakes, damage or corrections resulting, from the information given by the Client/Customer to Kazi Graphix. 
• After final files have been sent or delivered to a Client/Customer, any mistake, error, or damage corrections after the final files are sent, will attract an extra cost.
• The Client/Customer agrees that where the client makes changes to an already supplied design or project and requires some changes to be carried out, the Client/Customer shall first return the previous design, and sign an undertaking to not use the previous design for any personal use or any other platform. 
• Where the Client/Customer defaults in the above, legal actions shall be taken against the said Client. 
• The customer also agrees that Kazi Graphix shall not be responsible for any amendments made by any third party, before or after a design is published and given to the Client/Customer.

 

LICENSING

 

RIGHT TO REFUSE

• Kazi Graphix will not accept any abusive language or insulting words towards our business or customer representatives.
•  Any Client/Customer found guilty of this above act shall compel us, to end any project or refuse any project from the Client/Customer.
• Kazi Graphix shall not include in its designs, any text, images, or other data that it deems to be immoral, offensive, obscene or illegal.
• All advertising/non-advertising material must conform to all standards laid down by all relevant advertising/non-advertising standards authorities. 

 

PAYMENT

• The Client/Customer shall be provided with an Approval Form or Proof Email, and an Invoice after engaging the services of Kazi Graphix.
• Payments may be made by online transfer, credit card (Visa, Mastercard), or Debit Card.
• No design or project will be released by Kazi Graphix to the Client/Customer until complete payment has been made by the Client/Customer.

 

CANCELING OF ORDERS & REFUND POLICY

• Kazi Graphix's refund policy on any canceled project is 50%.
• The 50% refund shall only be refunded after the first concept and not when alterations have been added. 
• If any alterations have been added there shall be no refund. 
• It will take 7 business days(one week) for any refund, to reflect in the Customer/Client account.
• Once a project is completed the Client/Customer has 7 working days to complete their payment. 
• Failure to do the above, Kazi Graphix will be left with no other option, than to cancel the project.
• Where the Client/Customer insists on the project, after it has been canceled,  it shall incur an extra cost. 
• Cancellation of orders shall be by telephone contact or email. 
• The Client/Customer shall also make a formal notification in writing to Kazi Graphix by telephone contact, or e-mail, within 3 days.

 

INDEMNITY

• Where the Client/Customer obtains a copyrighted image, data, or content, without permission from the owner, the Client/Customer shall fully indemnify and hold Kazi Graphix from harm in any and all claims resulting from the Client/Customer not having obtained all the required copyright, and/or any other necessary permissions.
• Kazi Graphix shall not be responsible for errors or omissions in any work produced as per the Client’s approval, and no financial responsibility will be assumed by Kazi Graphix for any errors or damages resulting from such.
• Kazi Graphix shall not be responsible for delays in delivery caused by acts of God, strikes, fires, floods, or any other similar circumstances beyond its control.

 

DISCLAIMER

• Kazi Graphix makes no warranties of any kind, expressly or impliedly, for any and all products and/or services that it supplies.
•  Kazi Graphix will not be held responsible for any and all damages resulting from products and/or services it supplies.
•  Kazi Graphix is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

 

APPLICABLE LAW 

 

PROVISION FOR ARBITRATION

 

EXTENT OF TERMS AND CONDITIONS

• These Terms and Conditions cover all Contracts entered into by the Client/Customer and Kazi Graphix for services relating to design, printing, copywriting, visual media, websites, brand identity, illustrations, images, and photography (Artwork). 
• These Terms and Conditions are subject to change without notification by Kazi Graphix except if the Client/Customer has specifically engaged its services and drafted an agreement or addendum to this agreement.  

 

Acknowledgment of Full Understanding 

1. THE CLIENT/CUSTOMER ACKNOWLEDGES HE/SHE HAS FULLY READ, UNDERSTANDS, AND VOLUNTARILY AGREED TO THESE TERMS AND CONDITIONS. 
2. THE CLIENT/ CUSTOMER ACKNOWLEDGES AND AGREES THAT HE/SHE HAS HAD AN OPPORTUNITY TO CONSULT WITH A LAWYER OF HIS/HER CHOICE BEFORE AGREEING TO THESE TERMS AND CONDITIONS.