Terms & Conditions

Definitions 
General
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 Kashan
• Business days –  Days on which both the government schools and the banks located in South Africa 
• Client – Any person, company or organisation that uses the services of Kashan
• COD – Cash on delivery or balance of cash on delivery 
• Concept – Any preliminary undertaking including ideas, strategies, proposals, impressions, models, views, designs, artwork or diagrams which are originated by Kashan 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 Kashan
• 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 Kashan 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 with, or on behalf of a client by, Kashan 
• Prospective client –  Any person, company or organisation that considers using the services of Kashan
• 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 Kashan's payroll and has committed, either in writing, verbally or by implication to delivery
• Source material – All material provided to Kashan 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 Kashan, or undertaken on behalf of Kashan by a sub-contractor or supplier, is deemed subject to Kashan's terms and conditions of trade as well as the agreement of trade of the Printing Industries Federation of South Africa (PIFSA) and the advertising industries of South Africa.

Kashan's standard terms and conditions of trade are accessible here, or as hard copy on request.

Failure by any party to access, request and/or obtain Kashan'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 these terms and conditions of trade.

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Clients and Potential Clients

1. Kashan reserves the right to edit, revise or refuse in its entirety any assignment or project it deems untrue, objectionable, questionable or illegal. This includes, without limitation, products, services or organisations that are racist, unpatriotic, sexist, sexual, speculative, unconstitutional or deceptive in nature. The client will be liable for the cost of any work undertaken to make the assignment acceptable and Kashan accepts no liability for refusing such assignments.
2. Unless otherwise stated, all prices quoted are exclusive of VAT and are valid for 30 (thirty) calendar days.  
3. 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 Kashan.
4. Payment terms are 50% on order and 50% on dispatch of the completed product or service for new clients.
5. Credit terms of 30 days from date of invoice may be applied for by the client after the second successful transaction has been conducted with Kashan, in which event the client authorises Kashan to request information from a registered credit bureau or credit provider to establish credit-worthiness. 
6. A quotation is deemed accepted by Kashan upon receipt of:
   
   •   a valid order number or
   •   a quotation, signed by a party authorised to do so on behalf of his/her organisation or
   •   a signed contract (whichever system complies with the client's procurement regulations).
7. Kashan will not begin work on any project or assignment without receipt of :
   •   an approved quotation
   •   all information and materials needed from the client in order to undertake the project
   •   payment of 50% of the quoted fee (in the case of new clients whose credit-worthiness has yet to be established).
8. All information that is provided to Kashan is held in strict confidence and is not in any way re-sold, traded or divulged.
9. Kashan 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 will 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 the client's request whether experimentally or otherwise as well as any penalties that might arise from delays in production or failure to produce.
10. 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. The client agrees to indemnify, defend, and hold Kashan harmless in the event that any legal or regulatory proceeding (including infringement of copyright, trademarks, patent or design) is brought against Kashan, as a result of publishing such material.   
11. While every effort is made to ensure that the work produced by Kashan is accurate and free of typographical errors, the client agrees to check and provide final approval before production. Kashan will not be liable 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.
12. Kashan undertakes to honour delivery deadlines agreed upon, as of the date of commencement of any project, subject to client compliance with production deadlines as outlined in the pre-agreed Production Schedule. In the event of delays on the part of the client, the client acknowledges that exponential delays in delivery may result.
13. If required to expedite delivery ahead of the reasonable time needed for production, Kashan will 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.
14. Once ordered, media cancellation or postponement is subject to the applicable policy of each publication or media outlet. If a cancellation is accepted, Kashan will, 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 3 (three) working days is required to effect cancellation.
15. Kashan will not be held liable for advertising that does not run or does not run as ordered. 
16. 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, Kashan may forthwith terminate such a project should monies due remain unpaid or should any other of the conditions contained in this document be breached. 
17. Any project is subject to cancellation or to variation by reason of Force Majeure from any and every cause whatsoever beyond the control of Kashan including, but not limited to, inability to secure labour, materials, power supply, 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.
18. Kashan will not be held liable for delays or disruptions caused by Internet service providers, Telkom or the SA Post Office. 
19. In line with Copyright Act No.98 of 1978 and subsequent amendments, 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 Kashan. 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 Kashan. All origination material and equipment (other than material provided by the client), including origination work, unused concepts, CD backups and lithographic film, remain the property of Kashan.
20. Ownership of the product transfers to the client on receipt of payment.
21. Kashan will only consider responsibility for defects in materials and products supplied, where such defects are reported to Kashan 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.
22. The laws of the Republic of South Africa will govern all transactions and any disagreement.
23. The client will 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 withheld for a maximum period of 48 hours. Thereafter, unless Kashan has agreed to an alternate solution in writing, the matter will be referred for arbitration. Kashan shall be at liberty to disburse or dispose of the service or product in its own best interest.
24. Any overdue payment 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.
25. Failure to settle amounts owing to Kashan will, regrettably, result in legal action. Furthermore, in the interests of protecting other SMEs, the name of the offending party will be submitted as a credit risk for public listing.
26. Unless otherwise agreed upon in writing:
    • Every project (or part thereof) undertaken by Kashan will acknowledge Kashan as the originator and carry the Kashan imprint.
    • Completed or partially completed concepts and projects, whether accepted or rejected by the client, may be displayed as part of Kashan's creative portfolio both electronically or as hard copy.

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