Kashan Group - Privacy & Terms

Terms and Conditions of Trade

Definitions
General
Pertaining to International Clients and Potential Clients
Pertaining to South African Clients and Potential Clients
Pertaining to Suppliers

Definitions:

Assignment - Any prospective plan, scheme, job, tender, project, campaign, order, production or contract that is considered by or on behalf of the Kashan Group.
Business days - Days on which both the government schools and the banks located in South Africa are open
Client - Any person, company or organisation that uses the services of the Kashan Group
COD - Cash on delivery
Concept - Any preliminary undertaking including ideas, strategies, proposals, impressions, models, views, designs, artwork or diagrams which are originated by the Kashan Group either independently or on behalf of a client or prospective client
Electronically - Using computer hardware and software
Estimate - An approximate cost of a service or product
Hard copy - A version printed on paper
Hosting - The electronic publishing of a web site for a predetermined period
Imprint - A printed or electronic statement acknowledging that the product was produced by the Kashan Group
Material List - The record of items required in order to undertake a project
Objectives - The outcomes sought
Origination material - All origination work, material (other than that provided by the client) and equipment, including CD back ups and lithographic film
Payment - Complete settlement of the invoiced amount
Product - Any deliverable by way of services, products or goods
Production Schedule - The list of dates and times to which the client and The Kashan Group must adhere in order to achieve the delivery deadline for each project
Project - Any plan, scheme, job, tender, campaign, order, production or contract that is entered into by the Kashan Group or on behalf of the Kashan Group
Prospective client - Any person, company or organisation that considers using the services of the Kashan Group
Quotation - The amount stated as the current price for the service or goods requested
Regular publication - Any document produced on a recurring basis, be this daily, weekly, monthly, bi-monthly, tri-monthly, quarterly or any configuration of repeating incidents
Terminate - The unconditional withdrawal, without limitation, from any assignment or project
SME - Small and Medium Enterprises (less than 200 permanent employees)
Supplier - Any sub-contractor or provider of services or products that is not on the Kashan Group payroll and has committed, either in writing, verbally or by implication to delivery
Source material - all material provided to The Kashan Group by a client or prospective client, for the purpose of expediting a project.
The Brief - That set of instructions provided by the client which defines the parameters of the final product
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General:

All aspects of any assignment or project that is undertaken by the Kashan Group, or on behalf of the Kashan Group on a sub-contractor or supplier basis, shall be deemed subject to the following terms and conditions of trade and the recognised customs of the printing and advertising industries of South Africa.
The Kashan Group's Standard Terms and Conditions of Trade are accessible electronically or as hard copy on request, and are publicly available at www.kashangroup.com. Failure by any party or parties, for whatever reason, to access, request and/or obtain the Kashan Group's Standard Terms and Conditions of Trade, does not in any way absolve that party, or any party acting on their behalf, from compliance with said Standard Terms and Conditions of Trade, unless the Kashan Group is informed in writing and said party/parties is/are in possession of a written waver from the members of the Kashan Group.
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Pertaining to South African Clients and Potential Clients:

1. The Kashan Group reserves the right to refuse any assignment or project, either in part or in its entirety, in its sole discretion, in particular all requests for work deemed objectionable or questionable. This includes, without limitation, products, services or organisations that are racist, unpatriotic, sexist, sexual, speculative, unconstitutional or deceptive in nature. The Kashan Group shall accept no liability for refusing such assignments.

2. Unless otherwise agreed upon in writing:

Every project (or part thereof) undertaken by the Kashan Group shall acknowledge the Kashan Group as the originator and carry the Kashan Group imprint.
Completed or partially completed concepts and projects, whether accepted or rejected by the client, may be displayed as part of the Kashan Group creative portfolio both electronically or as hard copy.
All information that is provided to the Kashan Group shall be held in strict confidence and shall not in any way be re-sold, traded or divulged.

3. The Kashan Group shall not be held liable or accountable for any opinion, either expressed or implied, through its web sites, CD, company profile, or any other promotion material.
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4. Unless otherwise stated, all prices quoted are exclusive of VAT and are valid for 30 (thirty) calendar days.

5. Quotations that are not accepted in writing, within 30 (thirty) calendar days of the date reflected upon the original quotation shall be subject to re-evaluation and/or revision by the Kashan Group.

6. The Kashan Group will embark upon a project only once in receipt of signed acceptance of the quotation and production schedule presented for that project.

7. The Kashan Group guarantees that every effort will be made to ensure that all work undertaken will be consistent with the objectives, direction and brief provided. If the client or any party acting on behalf of the client requests revisions, of any kind, due to changes in objectives, direction or the brief, revision charges shall apply and the production period will be extended. If the client or any party acting on behalf of the client rejects the work undertaken, rejection fees will become payable. Revision charges and rejection fees will be based on any additional or preliminary work undertaken at his/her request whether experimentally or otherwise as well as any penalties that might arise from delays in production or failure to produce.

8. The Kashan Group shall not be obligated to refund any charges, except in the case of media cancellations that are accepted by publications and media outlets. Once ordered, media cancellation or postponement is subject to the applicable policy of each publication or media outlet. If a cancellation is accepted, the Kashan Group shall, in addition to the cancellation fee of the publication or media outlet (where applicable), levy a service charge of 10% of the placement cost, or R500.00, whichever is the greater, for each insertion that is cancelled. A minimum notice period of 5 (five) working days is required to effect cancellation.
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9. The Kashan Group undertakes to honour delivery deadlines agreed upon, as of the date of commencement of any project. Commencement shall be deemed to ensue from the time that the Kashan Group is in receipt of:

An approved (signed) quotation
An approved (signed) production schedule
An order number or deposit (where applicable), and
All information and materials needed from the client as per the approved Material List

In the event of delays on the part of the client, the client acknowledges that exponential delays in delivery may result.
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10. The Kashan Group shall have no liability for errors and omissions, including advertising that does not run or does not run as ordered and typographical errors, when the causes are beyond its reasonable control and the material has been approved by the client. The maximum liability of the Kashan Group, in the event of an error or omission due to causes within its control, will be the lesser of the cost of correcting the error or the fee or commission earned for the instance of the error.

11. If required to expedite delivery ahead of the reasonable time needed for production, despite notification of the fact, the Kashan Group shall not be liable for any defects that may be occasioned thereby. Should such delivery require payment of overtime wages, and other additional costs or delivery charges, all such extras shall be for the client's account.

12. Any project is subject to cancellation or to variation by reason of Force Majeure from any and every cause whatsoever beyond the control of The Kashan Group including inter alia inability to secure labour, materials, power of supplies, or by reason of an Act of God, War, Civil Disturbance, Riot, State of Emergency, Strike, Lockout or other Labour Dispute, Fire, Flood, Drought or Legislation.
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13. The Kashan Group shall have no liability for events caused by delays or disruptions resulting from Internet service providers, Telkom or the SA Post Office.
14. The cost of hosting a web site is calculated on the basis of the parameters or envisaged parameters of the site at the time. Any change to those parameters will result in revision of the cost.
15. The cost of updating a web site is calculated on the basis of a dedicated period of half an hour per 20 (twenty) working days. Where this period is exceeded, the additional cost will be redeemed from the client in line with point 20, following.

16. The client represents that all claims, financial data and prices submitted for use in published material are true and correct, and that the relevant authorisation or right has been obtained to use all financial data, prices, artwork, images, text and photography (including talent) supplied by him/her.

17. Payment terms are 60% on order and 40% on dispatch of the completed design.
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18. The copyright to all origination work including ideas, strategies, proposals, scripts, concepts, copy writing, views, impressions, models, designs, artwork, drawings, diagrams and notes resides with the Kashan Group. These may not be reproduced or used to obtain other independent quotations or cost estimates or be used in the production of work by any party other than the Kashan Group. All origination material and equipment (other than material provided by the client), including origination work, unused concepts, CD back ups and lithographic film, remain the property of the Kashan Group.

19. Ownership of the product transfers to the client on receipt of payment.
20. Payment is due upon delivery of the services or goods commissioned, unless credit facilities have been applied for by the client and granted by the Kashan Group. Any overdue payment outstanding will incur interest at a monthly rate of 2% above the official prime overdraft rate of Nedbank, a division of Nedcor Bank Limited, South Africa, as published at the time.
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21. The client shall not refuse or delay delivery or acceptance of any service or product completed. Where payment terms agreed upon are COD and no payment is made, the service or product will be suspended or withheld for a maximum period of 48 hours. Thereafter, unless the Kashan Group has agreed to an alternate solution in writing, the matter will be referred for arbitration. The Kashan Group shall be at liberty to disburse or dispose of the service or product in its own best interest.

22. Failure to settle amounts owing to the Kashan Group shall, regrettably, result in legal action. Furthermore, in the interests of protecting other SME's, the name of the offending party shall be submitted as a credit risk for public listing.
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23. The Kashan Group will only consider responsibility for defects in materials and products supplied, where such defects are reported to the Kashan Group in writing, within 7 (seven) days of the date of receipt of the materials and/or products and the entire consignment is held intact. Use of the materials or products comprising the consignment within this period, will constitute acceptance of the order.

24. Unless otherwise agreed upon, either party may terminate any project that results in the production of a regular publication by giving not less than three months notice in writing. Nevertheless, the Kashan Group may forthwith terminate such a project should monies due remain unpaid or should any other of the conditions contained in this document be breached.

25. The laws of the Republic of South Africa will govern all transactions and any disagreement
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Pertaining to International Clients and International Potential Clients:
1. The Kashan Group guarantees that:

Completed or partially completed concepts and projects, whether accepted or rejected by the client, may be re-branded and used in any way that client sees fit, and that The Kashan Group has no claim on the origination.
All information that is provided to the Kashan Group shall be held in strict confidence and shall not in any way be re-sold, traded or divulged.

2. The Kashan Group reserves the right in its sole discretion, to refuse any assignment or project, either in part or in its entirety, in its sole discretion, in particular all requests for work deemed objectionable or questionable. This includes, without limitation, products, services or organisations that are racist, unpatriotic, sexist, sexual, speculative, unconstitutional or deceptive in nature. Should any payments have been made by clients or potential clients prior to a project being refused by The Kashan Group, all monies will be returned immediately to that client or potential client.
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3. The Kashan Group shall not be held liable or accountable for any opinion, either expressed or implied, through its web sites, CD, company profile, or any other promotion material.

4. Unless otherwise stated, all prices and rates quoted are all inclusive.

6. The Kashan Group will embark upon a project only once it is in receipt of the agreed upon payment, as well as demonstrable acceptance of the quotation and production schedule presented for that project.
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7. The Kashan Group will make every effort to ensure that all work undertaken will be consistent with the objectives, direction and brief provided.

8. The Kashan Group undertakes to honour delivery deadlines agreed upon as from the date of commencement of any project. Commencement shall be deemed to ensue from the time that the Kashan Group is in receipt of:
- An approved quotation
- An approved production schedule
- Payment as per agreed option, and
- All information and materials needed from the client as
per the source material requirements
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9. In the event of delays on the part of the client, the client acknowledges that exponential delays in delivery may result.

10. The Kashan Group shall have no liability for errors and omissions, after the design has been approved or when the causes are beyond its reasonable control and the client has approved the source material.

11. If required to expedite delivery ahead of the agreed time needed for production the Kashan Group shall not be liable for any defects that may be occasioned thereby.
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12. Any project shall be subject to cancellation or to variation by reason of any cause whatsoever beyond the control of The Kashan Group including inter alia by reason of an Act of God, War, Civil Disturbance, Riot, State of Emergency, Strike, Lockout or other Labour Dispute, Fire, Flood, Drought or Legislation. Should any payments have been made by clients or potential clients prior to a project being refused by The Kashan Group, all monies will be returned immediately to that client or potential client.

13. The Kashan Group will provide duplicate sets of material, immediately and free of charge, should the original material not be technically suitable or mislaid in any way.

14. The client warrants that all claims, financial data and prices submitted for use in published material are true and correct, and that the relevant authorisation or right has been obtained to use all financial data, prices, artwork, images, text and photography (including talent) supplied by him/her.
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15. The client agrees to check and approve all material produced on his/her behalf by the Kashan Group for accuracy, typographical errors and rights, and to indemnify, defend, and hold the Kashan Group harmless in the event that any legal or regulatory proceeding (including infringement of copyright, trade marks, patent or design) is brought against the Kashan Group, as a result of publishing such claims, financial data, prices, artwork images, text or photography as referred to in clause 15 above.

16. Ownership and copyright of the product transfers to the client on receipt of payment in full. All origination material and equipment (other than the source material provided by the client), including origination work, unused concepts, CD back ups and lithographic film, remain the property of the Kashan Group.

17. Payment terms are 100% on order of the completed design.

18. The client shall not refuse or delay delivery or acceptance of any completed service or product. Where payment terms have been agreed upon and are not met, the service or product will be suspended or withheld for a maximum period of 48 hours. Thereafter, unless the Kashan Group has agreed to an alternate solution in writing, the arrangement will be concluded. The Kashan Group shall be at liberty to disburse or dispose of the service or product in its own best interest.
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19. Failure to settle amounts owing to the Kashan Group shall regrettably result, in the interests of protecting other suppliers, in the name of the offending party being submitted as a credit risk for public listing.

20. The Kashan Group will only consider responsibility for defects in materials and products supplied, where such defects are reported to the Kashan Group in writing, within 7 (seven) working days of the date of receipt of the materials and/or products.

21. The laws of the Republic of South Africa will govern all transactions and any disagreement.
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Pertaining to Suppliers:
26. Suppliers are required to sign the Kashan Group's confidentiality agreement in terms of which they (and others within their organisations) are bound to refrain from divulging any information or knowledge, attained either intentionally or unwittingly, regarding any Kashan Group assignment, project or client.

27. Through voluntary submission of a quotation or estimate to the Kashan Group, suppliers/sub-contractors acknowledge that they are willing and able to perform in terms of the parameters specified in the said quotation/estimate.

28. The Kashan Group will not be liable for payment of any advertising placement whatever, where a tear sheet, as proof of placement, does not accompany the original invoice.

29. In accepting an order, either in writing, verbally or by implication, from the Kashan Group, suppliers acknowledge that they will perform/deliver according to the parameters, specification and deadline.
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30. Failure on the part of the supplier, or any party acting on the supplier's behalf, to perform/deliver, either partially or in total, through failure to meet deadline or withdrawal or otherwise, shall, with immediate effect, make the supplier liable for restitution. Restitution shall be determined as:

20% of the value of the quotation/estimate, or
the difference between the value of the original quotation/estimate and that of an alternative supplier/sub-contractor, or
the consequential loss incurred by the Kashan Group as a direct or indirect result of the failure, as determined through independent adjudication, together with the associated cost of adjudication …

whichever is the greater. In the event that an alternative supplier must be appointed, the Kashan Group reserves the right to make that appointment at its discretion.
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31. Printing houses are held to the match print, colour proof, chromalin or sample provided and/or approved by the Kashan Group. No order will be deemed 'delivered' unless all origination material supplied is returned at the time of delivery. Where the product delivered does not conform, restitution will be by way of a reprint or in terms of the restitution described in point 30, above, whichever can, in the opinion of the Kashan Group, best be accommodated in terms of the deadline and/or the nature of the service or product.

32. The Kashan Group reserves the right to terminate any assignment or project, without limitation, if it deems a supplier, the supplier's actions or the actions of any party acting on the supplier's behalf, to be racist, unpatriotic, sexist, sexual, speculative, unconstitutional or deceptive in nature. The Kashan Group shall accept no liability for terminating such assignments.

33. The laws of the Republic of South Africa will govern any disagreement.
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