TERMS & CONDITIONS

GENERAL

 Data Confidentiality

All information received by Jane Doe Designs (Pty) Ltd is considered confidential and falls under an implicit non-disclosure clause. No information, files, or project details will be shared with third parties without explicit written consent from the client, except where required by law.

Terms & Conditions

Upon acceptance of the quotation, you agree to the scope of work as well as the terms and conditions contained herein. Terms and conditions listed below may change at any time without notice.

The accepted quotation replaces and supersedes any previous proposals/quotations issued.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

Unless otherwise stipulated, content creation is not included in any quotation as a standard service. All content, including text, photographs, videos, and any other materials, must be supplied by the client in a digital format unless explicitly requested as an additional service.

If content is not supplied and the project remains incomplete, this will be the responsibility of the client. The project is non-refundable and will be handed over “as is.”

Non-communication and failure by the client to indicate changes and corrections during revision rounds for a period of 10 working days after proofs have been submitted will deem the project complete, and the client will be liable for full payment.

Non-communication and failure by the client to provide any relevant content or information for 2 months after the commencement of the project will render the project stale. Deposits are non-refundable, and the project will be terminated.

If the client wishes to proceed with a project that has been rendered stale, it must be re-evaluated and re-quoted.

When shared files are active, the client has full ownership of all content and work completed, provided all accounts have been settled in full.

In the event that files are lost or damaged by the client or their representatives, the responsibility for replacement rests solely with the client. Any costs incurred for rectifying or recreating lost work will be billed to the client.

All content needs to be supplied by the client in a digital format. All photographs must be clearly labelled and accompanied by an indication of where they need to be used. Text content must be typed, legible and supplied in an editable digital format (such as Word, PDF or email). Handwritten, unclear, incomplete or otherwise illegible content will not be accepted. Any time spent deciphering, transcribing, formatting or reconstructing content supplied in an unsuitable format may incur additional charges and may affect the agreed project timeline. The client is responsible for ensuring that all content supplied is accurate, complete and final prior to implementation.

Retainers & SLA Agreements
  • Retainers and Service Level Agreements (SLA) require 2 calendar months’ notice of termination.
  • If the client terminates before the agreed service period ends, they will be liable for two full payments upfront on the date of termination. Whether the client makes use of Jane Doe Designs (Pty) Ltd services during the termination period has no effect on payments due.
Third-Party Expenses
  • Jane Doe Designs (Pty) Ltd will not cover third-party expenses, including but not limited to:
    • Paid marketing campaigns
    • Additional software requirements
    • Hosting services
    • Any other third-party costs not stipulated in the original quotation, unless explicitly agreed upon
  • Jane Doe Designs (Pty) Ltd is not responsible for liaising with third-party service providers on behalf of the client and remains an independent entity.
Liability & Disclaimer

Jane Doe Designs (Pty) Ltd is not affiliated with any of its clients and does not endorse or take responsibility for any statements, products, or services offered by them unless explicitly stated.

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

These Terms of Service and any associated policies constitute the entire agreement between the client and Jane Doe Designs (Pty) Ltd, superseding all prior agreements and understandings.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. in a d

DESIGN

Design services are offered at R450.00 per design hour or part thereof.

All design projects remain the property of Jane Doe Designs (Pty) Ltd until paid for in full.

Revision rounds are calculated within a reasonable parameter in accordance to the project scope. Project revision limits will be determined on a project by project basis and if it is regarded that the client is in a state of discord, with the number of revisions exceeding a natural and healthy level, the project will be terminated. All deposits are non-refundable.

All designs will be provided to the client for proofing prior to production and or print. If the client approved artwork and it is found to contain errors, this will be the sole liability of the client. Jane Doe Designs will not be held liable to cover any costs or losses incurred due to these errors.

Payment & Project Terms

  • Payments
    All payments are to be made to Jane Doe Designs (Pty) Ltd bank account. Any payments made to incorrect bank accounts will not be accepted. Incorrectly processed payments are the responsibility of the client, and no project shall commence or be released until resolved.

  • Deposits & Ownership

    • No design work will commence until full receipt of a 60% deposit or as per the final invoice.
    • The remaining 40% or balance as per the final invoice is due upon project completion.
    • All work remains the intellectual property of Jane Doe Designs (Pty) Ltd until full payment is received.

  • Production Work
    All production work requires full upfront payment.

  • Revisions & Additional Work
    Any alterations, changes, or corrections requested by the client outside the agreed revision windows will be billable at the standard studio rate of R450.00 per hour or part thereof.

  • Hosting & Suspension Policy

    • Website and email hosting payments must be made by the 15th of each month.
    • If no payment is received by this date, hosting services will be suspended.
    • Reinstating suspended services carries an unsuspension fee of R120.

MARKETING

These terms and conditions govern the provision of services by Jane Doe Designs (Pty) Ltd to its clients. By engaging Jane Doe Designs (Pty) Ltd for services, the client agrees to be bound by these Terms.

Jane Doe Designs (Pty) Ltd agrees to provide design services as agreed upon with the client. The scope of services will be outlined in a separate agreement or proposal.

The client agrees to provide all necessary information, materials, and approvals required for the provision of services within the agreed timeline. Delays caused by the client may impact project timelines and deadlines.

Payment terms will be outlined in the agreement or proposal. Unless otherwise specified, invoices are due upon receipt. Late payments may incur interest charges or suspension of services.

Third party paid marketing costs carry a 10% service charge up and above fees spent on the actual paid campaigns.

Jane Doe Designs (Pty) Ltd is not a VAT registered entity, we do however carry VAT expenses charged by third party marketing platforms and this is in turn billable to the client.

Jane Doe Designs (Pty) Ltd agrees to keep all client information confidential and to use it only for the purposes of providing services. Likewise, the client agrees to keep confidential any proprietary information disclosed by Jane Doe Designs.

Either party may terminate the agreement with written notice of 1 month (30 days) if the other party breaches any material term of the agreement and fails to remedy the breach within a reasonable period.

Jane Doe Designs (Pty) Ltd will not be liable for any indirect, consequential, or incidental damages arising out of or related to the services provided, except for damages caused by gross negligence or wilful misconduct.

The client agrees to indemnify and hold Jane Doe Designs (Pty) Ltd harmless from any claims, damages, or liabilities arising out of or related to the client’s use of the services provided.

These Terms shall be governed by and construed in accordance with the laws of [jurisdiction]. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of [jurisdiction].

These Terms may be amended or modified only in writing and signed by both parties.

WEB DESIGN

Websites are built on opensource freeware and any additional software requirements are for the account of the client and will not be carried by Jane Doe Designs (Pty) Ltd.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

We are not responsible for any loss that results from:

Any technical or other problem (including interruption , malfunction, downtime or other failure) that affects our website, system or online service or any database for any reason.

Any problem affecting any goods or service provided by any other party, for example any telecommunication or internet service provider, electricity supplier, or local or other authority.

Any loss of or damage to any personal information or other data caused directly or indirectly by technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or because of your own negligence.

Any intentional or non-intentional website breakages due to any party accessing, editing or modifying the website that is not a direct technical representative of Jane Doe Designs (Pty) Ltd.

Any order, investment decision or purchase or disposal of goods or services (including financial instrument or currency) from any other party based on any information on our Website; or any event over which we have no direct control.

HOSTING & DOMAIN REGISTRATION

Jane Doe Designs (Pty )Ltd requires 1 full calendar month notice (30 Days) when cancelling a domain or any other hosting service.

Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement and fails to remedy the breach within a reasonable period.

Upon termination, the client may request transfer of their domain name(s) to another registrar, subject to any applicable transfer fees.

These terms and conditions (“Terms”) govern the provision of hosting and domain registration services by Jane Doe Designs (Pty) Ltd to its clients. By engaging Jane Doe Designs (Pty) Ltd for these services, the client agrees to be bound by these Terms.

Jane Doe Designs (Pty) Ltd agrees to provide hosting services for the client’s website(s) as outlined in the selected hosting package

Jane Doe Designs (Pty) Ltd agrees to register and maintain the client’s domain name(s) as requested by the client.

The client is responsible for providing accurate and up-to-date information required for domain registration.

The client is responsible for the content and materials hosted on their website(s), ensuring compliance with applicable laws and regulations.

The client is responsible for maintaining the security of their website(s), including but not limited to implementing necessary security measures and keeping software up to date.

Payment terms for hosting and domain registration services will be outlined in the agreement or invoice provided by Jane Doe Designs.

Failure to make timely payments may result in suspension or termination of services. Monthly billing cycles run from the 25th of every month, if the client has not settled their fees by the 15th of the following month, services will be suspended. If an account is suspended, a re-activation fee of R120 will be applied to the next month’s billing cycle.

The client retains ownership of their domain name(s) registered through Jane Doe Designs (Pty) Ltd.

Domain registration and hosting services are subject to renewal at the end of the contract term. Contract terms are calculated annually from date of inception.  

Jane Doe Designs (Pty) Ltd will make reasonable efforts to notify the client in advance of upcoming renewals, but ultimate responsibility for renewal lies with the client.

Jane Doe Designs (Pty) Ltd will not be liable for any indirect, consequential, or incidental damages arising out of or related to the hosting or domain registration services, except for damages caused by gross negligence or wilful misconduct.

The client agrees to indemnify and hold Jane Doe Designs (Pty) Ltd harmless from any claims, damages, or liabilities arising out of or related to the client’s use of the hosting and domain registration services.

GARMENT PRINTING AND SUPPLY

Product prices are subject to change from time to time without prior notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Jane Doe Designs (Pty) Ltd can not be held liable for incorrect sizes ordered or misinterpretation of garment specifics.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We do allow for slight colour variations and will supply print proofs in the event of uncertainty.

Only once the client approves any supplied proofs physically or digitally, will we proceed with production.

If the client has approved artwork and it is found to contain errors, this will be the sole liability of the client. Jane Doe Designs will not be held liable to cover any costs or losses incurred due to these errors.

Please also note that sizes and measurements are approximate, as there are variations in the sizing standards of various manufacturers. Unless otherwise stated, sizes indicated are South African sizes.

Delivery periods are calculated on business days only.

LYNQ NFC SMART BUSINESS CARDS

1. Product & Service

LYNQ NFC Smart Business Cards are custom-made products consisting of a black stainless-steel card with laser engraving, an embedded NFC chip and a customised digital profile.

The once-off purchase price of R950.00 includes one LYNQ NFC Smart Business Card and the initial setup of the customer’s digital profile. Shipping and delivery costs are excluded and will be quoted or charged separately.

There are no subscription or renewal fees for the standard LYNQ service.

2. Payment

Full payment is required before production of the card and setup of the digital profile will commence.

No engraving, profile development or order processing will begin until payment has been received and all required client information has been supplied.

3. Client Information & Content

The client is responsible for supplying all information required to create the digital profile and engrave the card.

All information supplied by the client must be accurate, complete, legible and provided in a suitable digital format. This may include, but is not limited to:

Name and surname
Business/company name
Job title
Telephone and WhatsApp numbers
Email address
Website
Physical or business address
Social media links
Profile photograph
Company logo
Biography or business description
Any other information requested for the digital profile

JD Design Studio is not responsible for errors, omissions or inaccuracies resulting from information supplied incorrectly by the client.

4. Design & Proof Approval

A digital profile preview and/or engraving proof will be supplied to the client for approval before the card is produced.

The client is responsible for carefully checking all spelling, contact details, URLs, social media links, logos, names, titles and other information before approving the proof.

Once the client has approved the proof, production will proceed. Any errors identified after approval that result from incorrect or incomplete client-supplied information may require a replacement card or additional profile changes at the client’s expense.

Approval of the proof constitutes confirmation that the client has checked and accepted the information and design for production.

5. Custom Engraving

LYNQ cards are individually laser engraved and are therefore considered customised products.

Once engraving has commenced, the order cannot be cancelled or changed without additional costs.

Changes to information engraved onto the physical card after approval cannot be amended on the existing card. A replacement card will be required at the prevailing replacement-card price.

The current replacement card fee is R550.00 per card, excluding shipping.

6. Digital Profile

The LYNQ digital profile is hosted as part of the LYNQ service and is designed to provide a central location for the client’s contact details, website, social media links, portfolio, WhatsApp and other approved information.

The digital profile may be updated after the card has been issued. Profile updates are subject to an applicable update fee.

The current profile update fee is R150.00 per update.

Profile updates do not require the physical card to be replaced, provided that the information being changed is not engraved onto the physical card.

7. Client Responsibility for Profile Content

The client remains solely responsible for the content displayed on their digital profile and confirms that they have the necessary rights and permissions to use all text, photographs, logos, trademarks, graphics and other material supplied to JD Design Studio.

JD Design Studio reserves the right to refuse content that is unlawful, defamatory, offensive, misleading or otherwise inappropriate for the service.

8. NFC & QR Code Functionality

The LYNQ card uses NFC technology and is compatible with most modern Android and iOS smartphones. NFC functionality depends on the individual device, its settings and its hardware.

A QR code is provided on the card as an alternative method of accessing the digital profile where NFC functionality is unavailable or not supported.

JD Design Studio cannot guarantee NFC functionality on every current or future smartphone, operating system or device.

9. Delivery & Turnaround

Production will only commence once:

Full payment has been received;
All required client information has been supplied;
The digital profile has been prepared;
The engraving proof has been approved by the client.

Once all of the above requirements have been completed, cards will generally be dispatched within 7–10 business days.

Turnaround times may vary depending on order volumes, supplier availability, client response times, proof approvals and other circumstances outside the reasonable control of JD Design Studio.

Delays caused by incomplete information, delayed client responses or delayed approval will not be considered a delay on the part of JD Design Studio.

10. Shipping & Delivery

Shipping is not included in the advertised R950.00 purchase price.

Shipping costs will be charged separately and may vary depending on the delivery address and courier service used.

JD Design Studio is not responsible for delays caused by courier companies, incorrect delivery information supplied by the client, failed delivery attempts, or circumstances beyond our control.

The client is responsible for providing a complete and accurate delivery address and contact information.

11. Custom Products & Cancellation

Because LYNQ NFC Smart Business Cards are personalised and made specifically for each client, orders cannot be cancelled or refunded once production or engraving has commenced.

Refunds will not be provided for a change of mind after production has started.

Where a cancellation is requested before production has commenced, JD Design Studio may, at its discretion, refund the applicable amount less any costs already incurred in preparing the order or digital profile.

12. Damaged or Faulty Cards

The client must inspect the card upon receipt and notify JD Design Studio as soon as reasonably possible if the card has arrived damaged or if there appears to be a manufacturing defect.

Photographic evidence may be requested to assist with assessing a damage or defect claim.

Normal wear and tear, scratches, damage caused by misuse, bending, excessive force, exposure to unsuitable conditions or damage occurring after delivery are not considered manufacturing defects.

13. Card Replacement

A replacement card may be purchased where a card is lost, stolen, damaged, or where information engraved on the original card needs to be changed.

The current replacement card price is R550.00 per card, excluding shipping.

Replacement cards are subject to the current pricing and specifications applicable at the time of replacement.

14. Digital Service Availability

JD Design Studio will make reasonable efforts to keep the LYNQ digital profile service operational and accessible.

However, uninterrupted availability cannot be guaranteed. JD Design Studio will not be liable for temporary interruptions caused by hosting providers, internet service providers, software updates, server maintenance, technical failures or other circumstances outside our reasonable control.

15. Changes to Pricing

JD Design Studio reserves the right to change product, replacement-card, profile-update, shipping and other service fees at any time.

The price applicable to an order will be the price agreed and paid at the time the order is placed.

16. Intellectual Property

The client retains ownership of content, logos, photographs and other intellectual property supplied by the client.

JD Design Studio retains ownership of its own design elements, systems, software, layouts, processes and intellectual property used to provide the LYNQ service.

By supplying content to JD Design Studio, the client confirms that they have permission to use and reproduce such content and grants JD Design Studio the necessary permission to use it for the purpose of providing the LYNQ service.

17. Acceptance of Terms

By placing an order for a LYNQ NFC Smart Business Card, the client confirms that they have read, understood and accepted these Terms & Conditions.

These Terms & Conditions apply together with JD Design Studio’s general Terms & Conditions, Privacy Policy and any other applicable policies relating to the services provided.