The Direct Guru

Service agreement

Between you and us

Services rendered

  • We will deliver services and collateral to you as defined in the scope of work. Where necessary, you agree to engage appropriately skilled staff capable of operating the strategy during and following the project’s completion and handover.

Mutual cooperation

  • We agree to use our best efforts to fulfil and exceed your expectations. You agree to aid us by making available information and resources required for the project and cooperating with us in expediting the work.

Charges for services

  • We invoice as quoted per project or engagement.
  • Work not listed in the scope of the works will be considered out-of-scope and will be billed as additional costs.

Payment terms

Projects

  • 50% deposit to begin work on a specified project
  • Balance of payment on completion

 Retainers

  • Paid monthly in advance

Design changes

  • You have engaged us as specialists in the design of websites, collateral, and business solutions, and we use our experience and skill to design a brand-aligned business solution that provides the best possible user experience for your clients. We’re aware that everyone has an opinion about design and make allowance for a handful of design changes that we believe will not damage or tarnish the finished product or service. Excessive change requests will be billed as additional costs at our discretion.
  • We reserve the right to refuse design change requests that we believe will be brand-damaging for you and/or us when viewed in the public domain.

Cancellation of plans, work & strategies

  • You have the right to reject, cancel or stop any designs, strategies or work in process. However, you agree to reimburse us for all costs and expenses incurred before the cancellation order, defend, indemnify, and hold us harmless for any liability relating to such action.

Our responsibilities

Release

  • We shall obtain releases, licenses, permits or other authorization to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us to perform services for you.
  • Upon completing the project, the copyright for all created collateral will be assigned to you for ongoing use and safekeeping. Under no circumstances, however, will you be allowed to copy, distribute, and/or on-sell collateral for any use other than the defined work scope.

Confidentiality

  • We acknowledge our responsibility to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by us on your behalf or furnished to us to complete the scope of work.

 

Your responsibilities

Release

  • You guarantee that you either own all information, elements of text, images, or other artwork provided or have permission to use them.

 Accuracy

  • You shall be responsible for the accuracy, completeness and propriety of information concerning the products and services furnished to us verbally or in writing connected with the scope of work.

Term & termination

  • This Agreement shall become effective on payment of a deposit to begin work. It shall continue until project completion or until terminated subject to the terms of the ‘Cancellation of plans, work & strategies’ clause above.

Transfer of materials

  • On termination or completion of this Agreement, provided that there is no outstanding indebtedness by you to us, we shall transfer, assign and make available to you all property and materials in our possession or control belonging to you. You agree to pay for all costs associated with the transfer of materials.

Acceptance

  • The payment of a deposit or first payment of a retainer confirms acceptance of this Agreement’s terms.

General provisions

  • This Agreement shall be governed and construed under the laws of the Republic of South Africa.
  • We each individually represent and warrant that we each have full power and authority to enter into this Agreement and perform all of our obligations without violating any third party’s legal or equitable rights.
  • This Agreement constitutes the sole and entire Agreement between us. It supersedes all prior discussions, agreements and understandings of every kind and nature between us regarding the scope of works. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. The remaining provisions of this Agreement will remain in full force and effect.