Terms of Service
1. Acceptance of Terms
By accessing this website, submitting an inquiry, or engaging GKD for services,
you agree to these Terms of Service. Project-specific terms, deliverables,
timelines, fees, and responsibilities may also be set out in a quotation,
project agreement, or Capacity Agreement. Where project-specific terms differ
from these general terms, the project-specific agreement will take precedence.
2. Scope of Services
GKD provides creative services including visual design, branding, marketing
material, presentation design, motion graphics, 3D and digital production,
visual website/UI design, and related creative services.
Website development, hosting, domain registration, email services, printing,
production, or other specialist services may be provided by independent
third-party partners where required. Unless specifically agreed otherwise,
these third-party services are separate from GKD's creative services and may
be contracted and billed directly by the relevant provider.
3. Quotations, Projects and Capacity Agreements
The scope, deliverables, pricing, timelines, revision allowances, and other
project requirements will be confirmed before work begins. Work may be
undertaken as a once-off project, ad hoc assignment, or under a Capacity
Agreement providing reserved creative capacity.
Any work requested outside the agreed scope or allocated capacity may be
quoted separately or billed at the applicable hourly rate.
4. Communication Policy
GKD operates primarily through asynchronous communication via email and
WhatsApp. This approach keeps project instructions documented, reduces
unnecessary administration, and allows focused production time.
Unless specifically agreed otherwise, phone calls, video meetings, and
in-person meetings are not part of the standard service.
5. Client Responsibilities
Clients are responsible for supplying accurate project information, content,
branding assets, approvals, and feedback within reasonable timeframes.
Delays in receiving required information, feedback, or approvals may affect
agreed delivery dates.
The client is responsible for ensuring that any text, images, logos, fonts,
photographs, trademarks, or other materials supplied to GKD may legally be
used for the intended project.
6. Revisions and Scope Changes
Revision allowances will be defined in the applicable quotation, project
agreement, or Capacity Agreement. Feedback should be consolidated wherever
reasonably possible.
Additional revisions, new concepts, substantial changes in direction, or
requests outside the agreed scope may incur additional fees and may require
revised delivery timelines.
7. Intellectual Property and Usage Rights
Unless otherwise agreed in writing, ownership or agreed usage rights for the
final approved deliverables are transferred to the client once all amounts
relating to the project have been paid in full.
Unused concepts, working files, drafts, production methods, templates,
internal tools, processes, source materials, and other materials not expressly
included as final deliverables remain the property of GKD unless otherwise
agreed in writing.
8. Portfolio Rights and Confidentiality
GKD may display completed work in its portfolio, website, social media,
case studies, presentations, and other promotional material unless the work
is subject to a confidentiality agreement or the client and GKD have agreed
otherwise in writing.
Confidential client information will not knowingly be disclosed to third
parties except where reasonably required to complete the project or where
disclosure is required by law.
9. Third-Party Services and Assets
Projects may incorporate or depend on third-party services, software,
platforms, fonts, stock assets, plugins, hosting providers, printers,
developers, or other suppliers. Their products and services remain subject
to their own licences, terms, availability, and policies.
GKD is not responsible for outages, service changes, licensing changes,
failures, delays, or other issues caused by independent third-party providers.
10. Payment
Payment terms will be specified in the applicable quotation, invoice,
project agreement, or Capacity Agreement. GKD may pause work or withhold
final deliverables where payments are overdue.
11. Project Delays and Inactivity
Where a project is delayed because required content, feedback, approvals,
or instructions are not supplied by the client, delivery dates may be
rescheduled according to GKD's available capacity.
12. Limitation of Liability
GKD will take reasonable care in providing its services but does not
guarantee specific commercial, marketing, sales, or business outcomes.
To the maximum extent permitted by South African law, GKD will not be liable
for indirect, incidental, consequential, or special losses arising from the
use of its services, deliverables, website, or third-party services.
Where liability cannot legally be excluded, GKD's total liability relating
to a particular project will, to the extent permitted by law, be limited to
the amount paid to GKD for the services giving rise to the claim.
13. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or the provision of GKD services will
be dealt with in accordance with applicable South African law.
14. Contact Information
For questions regarding these Terms or the Privacy Policy, please contact:
GKD – info@gkdesign.co.za
