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Our Terms of Service

Last updated: 03 April 2025

Below are the fundamental Terms of Service that govern all parties involved in any business transaction with Explosive Artworks & Designs®. These Terms of Service will constitute the entire agreement between Explosive Artworks & Designs® and the client, superseding any prior agreements or understandings, whether oral or written.

  1. Work

    1. Explosive Artworks and Designs® agrees to produce project materials at the request of the client for fees agreed upon in advance and delivery of the work by an agreed-upon deadline.
    2. Explosive Artworks and Designs® agrees that it will be the sole author of the work, which will be original work and free of plagiarism. Explosive Artworks and Designs® will cooperate with the client in editing and otherwise reviewing the work before completion.

  2. Confidentiality

    1. Explosive Artworks and Designs® acknowledges that we may receive or have access to information which relates to the client's past, present or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information.
    2. Explosive Artworks and Designs® agrees to protect the confidentiality of the client's proprietary information and all physical forms thereof, whether disclosed to Explosive Artworks and Designs® before an agreement is signed or afterwards.
    3. Unless strict confidentiality is requested by the client in advance of the establishment of an agreement contract, Explosive Artworks and Designs® can display materials and final work created for the client on the Explosive Artworks and Designs® website www.explosiveartworks.co.za and other social media platforms.

  3. Compensation

    1. Unless stated otherwise, a 50% non-refundable fee of the total project cost is required as an initial deposit on the agreed-on date by the client and Explosive Artworks & Designs®, and the remaining amount at the end of the project, before submission of the final work. If the parameters of the work change, or if it involves more time than estimated, Explosive Artworks and Designs® will inform the client and they can negotiate the work's cost.
    2. Explosive Artworks and Designs® is responsible for the payment of all federal, state, and/or local taxes concerning the services performed for the client as an independent contractor. The client will not, in any case, treat Explosive Artworks and Designs® as its partner and/or subcontractor for any purpose unless agreed upon, and in such case, these terms shall be amended accordingly.
    3. Payments are to be made within the period of 30 days upon signing the agreement contract, or within 7 days after the last day of the month in the case of retainer structures. Late fees are subject to a penalty fee of 15% of the original full amount.
    4. Hourly Rate and Minimum Charge:
      • All services provided under this agreement will be billed at an hourly rate of R450 per hour.
      • A minimum charge of 1 hour will be applied to any task or project, regardless of the actual time spent if it is less than 1 hour.
      • A full working day is defined as 8 billable hours (09:00 - 17:00)
      • Any service requiring a full day or more will be billed in increments of 8 hours per day
      • Any work performed beyond the standard 8-hour workday will be considered overtime and will be billed at a rate of 1.5 times the standard hourly rate.

  4. Project Expiration

    1. In the event that a project is initiated and a deposit is provided by the client, it is imperative that relevant content, material, or information necessary for the project commencement or progress is supplied within 90 days (approx. 3 Months), from the date of deposit. Failure to do so will result in the expiration of the project and the deposit will elapse.
    2. Should the deposit expire due to a lack of content or information from the client, a new project initiation will necessitate a new deposit, and any associated costs may be subject to adjustment based on current pricing and project requirements.
    3. This clause is in place to ensure the efficient and timely progress of projects, as well as to accommodate any changes in scope or pricing that may occur over time.

  5. Client Approval

    1. Upon acceptance of the work, the client accepts responsibility for any further process in which this work is used (e.g. film outpost, printing, marketing, etc.).
    2. Explosive Artworks and Designs® is not responsible for errors occurring in this work or projects related to this work after acceptance of the work by the client.

  6. Cancellation

    1. Both parties understand that the client or Explosive Artworks and Designs® may terminate the service at any time if, for any reason the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, the client is responsible for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Explosive Artworks and Designs®.
    2. Should the client cancel the project following its completion, the client is responsible for full payment as per the agreed-upon estimate plus all expenses incurred. In the event of cancellation, Explosive Artworks and Designs® retains ownership of all copyrights and original work created.

Explosive Artworks & Designs®

Mr B Mtsweni

Director

BMtsweni

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