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      • indiePrints   MEDIA FILE UPLOAD POLICY Trademarks indiePrints.co.za (indiePrints) makes no claim of ownership to Client provided content. All Trademarks and Intellectual Property of any content provided by the Client remains the sole property and belongings of the Client. Client shall have sole responsibility for ensuring that any Trademarks or part of the final product (Deliverables) intended to be a Trademark are available for use in commerce and do not otherwise infringe the rights of any third party. The Client hereby indemnifies, saves and holds harmless indiePrints(indieprints.co.za) from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of the Client’s use and/or failure to obtain rights to use or use of the Trademark. File upload size All file upload sizes must be less than 10MB For a full and substantive terms and conditions, read our standard terms and conditions at http://indieprints.co.za/standard-terms-and-conditions
      • Standard Terms and Conditions   INDIEPRINTS.CO.ZA (IndiePrints ) IS A DIVISION OF KERNEL INDUSTRIES (PTY) LTD. THESE TERMS AND CONDITIONS ARE A CONTRACT BETWEEN YOU (“THE CLIENT”) AND INDIEPRINTS (INDIEPRINTS.CO.ZA) VIS-A-VIS KERNEL INDUSTRIES (PTY) LTD. (KERNEL INDUSTRIES) AND GOVERN THE RELATIONSHIP OF THE TWO PARTIES AS CONTAINED HEREIN. BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS YOU (“THE CLIENT”) ACCEPT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS WITH INDIEPRINTS (INDIEPRINTS.CO.ZA)/KERNEL INDUSTRIES. Acceptance of these Terms and Conditions will warrant that the following eligibility terms are met;- you are eligible to enter into this agreement, are over 18 years old or obtained proper permissions to enter into this agreement. REGISTRATION You may be required by IndiePrints (indiePrints.co.za) to register in order to utilize the services offered by Indieprints.co.za. Upon registration, Indieprints.co.za may authenticate your identity via email and in certain instances require further identification. Once registered, you will gain access to your account using your chosen username and password. If password is not set, you are required to set one for security reasons. It shall be your responsibility to keep your user account credentials safe. You warrant to use your real identity for your account and to keep your account information up to date and complete. In the event you have reason to believe that the security of your account is compromised through hacking or unauthorized use, you are required to inform IndiePrints (indiePrints.co.za) immediately. Failure to notify IndiePrints (indiePrints.co.za) timeously may result in liability (if any) on your part that you may suffer. If IndiePrints (indiePrints.co.za) has reason to believe that your account is compromised, the account may be suspended pending an investigation and resolution. IndiePrints (indiePrints.co.za) will not share your Information with any third parties.   DEFINITIONS As used herein and throughout this Agreement: “Kernel Industries”, “IndiePrints (indiePrints.co.za)”, ”us”, “we”, “our” are references to either Kernel Industries (Proprietary) Limited or any other entity/party which Kernel Industries (Proprietary) Limited may cede, delegate or assign all or any of our rights, interests or obligations to. “Agreement” means the entire content of this Terms and Conditions document, the Proposal (see definition below), together with any other Supplements, exhibits, schedules or attachments hereto. “Client Content” means all materials, information, photography, writings and other creative content provided by the Client for use in the preparation of and/or incorporation in the Deliverables. “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as stated and or enforceable under South African Law. “Deliverables” means the services and work product specified in the Indieprints.co.za website to be delivered by IndiePrints (indiePrints.co.za) to the Client, in the form and media specified in the Indieprints.co.za website. “Proposal” means “the print-on demand product self-design proposition” and miscellaneous propositions and service offerings made by IndiePrints (indiePrints.co.za) for Clients as found throughout IndiePrints (indiePrints.co.za)’s Website, especially expressed in the About(us) page of IndiePrints (indiePrints.co.za)’s Website (http://indieprints.co.za/about-us ), that makeup the full offer of the value proposition. Payment schedule: Full price of the total product offering amount is to be paid in in full before work is initiated by IndiePrints (indiePrints.co.za). For products of large and substantial amounts, a possibility exists to negotiate and work out payment schedules pertaining to intermittent service delivery. “IndiePrints (indiePrints.co.za) Website” means the website located at http://indieprints.co.za or such other URLs that are associated with and controlled by IndiePrints (indiePrints.co.za) and that IndiePrints (indiePrints.co.za) notifies the Client of from time to time. “Subscription” means any of Kernel industries’ paid services offered on a recurring basis for a limited time or for as long as the Clients wishes subject to having paid for those services.   “Client “, “you”, refers to the person or legal entity/business contracting with IndiePrints (indiePrints.co.za)/Kernel Industries to obtain its products and or services subject to the following Terms of Use: If it a person then that person is contracting with IndiePrints (indiePrints.co.za)/Kernel Industries on a personal capacity, or If it is a legal entity/business such as a company then the person representing the legal entity represents it in the following permissible manner; This person is authorised to enter into this contract on behalf of the legal entity. This includes among other things that this person agrees to notify the legal entity’s financial officers and other relevant officers of the legal entity of the terms of this agreement relating to the payment of product(s) and or service(s) fees, and to obtain approval of the payment schedules called for by this agreement, notwithstanding any internal policies the legal entity may have regarding how its bills are paid; and This person will be the authorised representative of the legal entity but the contract is entered into between IndiePrints (indiePrints.co.za)/Kernel Industries and the legal entity; and If this person does not hold the permits or is not legally authorised to bind a legal entity as our Client as per these Terms and Conditions, then the person in question will be liable for any amounts due to Kernel Industries in their personal capacity, in the event that the concerned legal entity refuses to pay any amounts which may be due.     “IndiePrints (indiePrints.co.za) Tools” means all design tools developed and/or utilized by IndiePrints (indiePrints.co.za) in performing the Services, including without limitation pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements. “Final Art” means all creative content developed or created by IndiePrints (indiePrints.co.za), or commissioned by IndiePrints (indiePrints.co.za), exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and IndiePrints (indiePrints.co.za)’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials. “Final Deliverables” means the final versions of Deliverables provided by IndiePrints (indiePrints.co.za) and accepted by the Client. “Preliminary Works” means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by IndiePrints (indiePrints.co.za) and which may or may not be shown and or delivered to the Client for consideration but do not form part of the Final Art. “Project” means the scope and purpose of the Client’s identified usage of the work product as described in the product service proposition. “Services” mean all services and the work product to be provided to the Client by IndiePrints (indiePrints.co.za) as described and otherwise further defined in the product service proposition. “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. “Trademarks” mean trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of the Client. “Rights of Use of Service” refers to the rights of use of the Final Deliverables. “License” A license is a limited grant given by IndiePrints (indiePrints.co.za) to the Client of rights to use the intellectual property comprising the Final Art and or Final Deliverables in a specified way. EFFECT OF THE AGREEMENT The terms of the Agreement shall be effective immediately after there is proof of receipt of payment by the Client. In the event that such proof is not received from the Client, the Agreement, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution. FEES AND CHARGES Fees In consideration of the Services to be performed by IndiePrints (indiePrints.co.za), the Client shall pay to IndiePrints (indiePrints.co.za) fees in the amounts and according to the payment schedule set forth in the Proposal. As set forth in the proposal, IndiePrints (indiePrints.co.za) will only initiate work on a project once total amounts of the concerned product(s)/services(s) are paid in full, unless otherwise it is a special case of substantial amounts as set forth in 1.DEFINITION under “Payment schedule” of this document. Invoices IndiePrints (indiePrints.co.za) reserves the right to withhold delivery and any transfer of Rights of Use of any Services if accounts are not current or overdue invoices are not paid in full. All grants of any license to use any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Fees, Charges, or the costs of Changes. Refunds If IndiePrints (indiePrints.co.za) feels it will not be able to handle/deliver on a material basis, or optimise its resources based on the scope of required work (Deliverables) that the client wants, after subsequent deposits have been made, then IndiePrints (indiePrints.co.za) will refund the Client all the amounts except for approximate and relative on-going bank handling fees of IndiePrints (indiePrints.co.za)’s concerned Bank In the event these Terms and Conditions are terminated for whatever reason, after IndiePrints (indiePrints.co.za) has already begun work on the project, and before Deliverables are accepted by the Client, then an amount of products already produced and services already rendered by IndiePrints (indiePrints.co.za) will be non-refundable. CHANGES General Changes Unless otherwise provided in the Proposal, and except as otherwise provided for herein, the Client shall pay additional charges for changes requested by the Client which are outside the scope of the Services on a time and materials basis, at IndiePrints (indiePrints.co.za)’s discretionary. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. IndiePrints (indiePrints.co.za) may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such Changes.   Substantive Changes If the Client requests or instructs Changes that amount to a revision in or near excess of 80 percent (80%) of the time required to produce the Deliverables, and or the value or scope of the Services, the Client shall pay an additional charge commensurate with such changes, if and only if work was not yet initiated by IndiePrints (indiePrints.co.za), otherwise charges for work already done by IndiePrints (indiePrints.co.za) will become payable. This additional charge will be added to any of the products or services that the Client would have selected in the first place. IndiePrints (indiePrints.co.za) will send a notice to the Client notifying them if the requested changes are considered substantive changes.   Work shall not begin on the revised services until a document/notice indicating written approval by Client is fully signed. IndiePrints (indiePrints.co.za) may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required by such substantive changes. Timing IndiePrints (indiePrints.co.za) will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. The Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to IndiePrints (indiePrints.co.za). IndiePrints (indiePrints.co.za) shall be entitled to request written clarification of any concern, objection or correction. Some of IndiePrints (indiePrints.co.za)’s Tools (such as software) may be used to facilitate collaboration in this regard. The Client acknowledges and agrees that Kernel Industries’ ability to meet any and all schedules is entirely dependent upon the Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in The Client’s performance or Changes in the Services or Deliverables requested by the Client may delay delivery of the Deliverables. Any such delay caused by the Client shall not constitute a breach of any term, condition or Kernel Industries’ obligations under this Agreement. Testing and Acceptance IndiePrints (indiePrints.co.za) will exercise commercially reasonable efforts to test Deliverables requiring testing and to make all necessary corrections prior to providing Deliverables to the Client. The Client, within seven (7) business days of receipt of each Deliverable, shall notify IndiePrints (indiePrints.co.za), in writing, of any failure of such Deliverable to comply with the specifications set forth in the Proposal, or of any other objections, corrections, changes or amendments the Client wishes to be made to such Deliverable. Any such written notice shall be sufficient to identify with clarity any objection, correction or change or amendment, and IndiePrints (indiePrints.co.za) will undertake to make the same in a commercially timely manner. Any and all objections, corrections, changes or amendments shall be subject to the terms and conditions of this Agreement. The Clients shall incur costs associated with necessary amendments and return delivery costs  .In the absence of such notice from the Client, the Deliverable shall be deemed accepted.   THE CLIENT’S RESPONSIBILITIES The Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) Coordination of any decision-making with parties other than the Kernel Industries; (b) Provision of the Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise provided in the Proposal. ACCREDITATION/PROMOTIONS IndiePrints (indiePrints.co.za) retains the right to reproduce, publish and display the Deliverables in Kernel Industries’ portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role or the joint roles in relation to the Project and, if applicable, the services provided to the other party on its blogs and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website. CONFIDENTIAL INFORMATION Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality. WARRANTIES AND REPRESENTATIONS By the Client The Client represents, warrants and covenants to IndiePrints (indiePrints.co.za) that:  (a) The Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) To the best of the Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) The Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) The Client shall comply with all laws and regulations as they relate to the Services and Deliverables. By IndiePrints (indiePrints.co.za) (a) IndiePrints (indiePrints.co.za) hereby represents, warrants and covenants to The Client that IndiePrints (indiePrints.co.za) will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.    (b) IndiePrints (indiePrints.co.za) further represents, warrants and covenants to The Client that: (i) except for Third Party Materials and the Client Content, the Final Deliverables shall be the original work of IndiePrints (indiePrints.co.za) and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by IndiePrints (indiePrints.co.za), IndiePrints (indiePrints.co.za) shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for IndiePrints (indiePrints.co.za) to grant the intellectual property rights provided in this Agreement, and (iii) to the best of IndiePrints (indiePrints.co.za)’s knowledge, the Final Art provided by IndiePrints (indiePrints.co.za) and IndiePrints (indiePrints.co.za)’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event the Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of IndiePrints (indiePrints.co.za) shall be void. (c) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, INDIEPRINTS (INDIEPRINTS.CO.ZA) MAKES NO WARRANTIES WHATSOEVER. INDIEPRINTS (INDIEPRINTS.CO.ZA) EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. INDEMNIFICATION/LIABILITY By the Client The Client agrees to indemnify, save and hold harmless IndiePrints (indiePrints.co.za) from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of the Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances IndiePrints (indiePrints.co.za) shall promptly notify the Client in writing of any claim or suit; (a) The Client has sole control of the defence and all related settlement negotiations; and (b) IndiePrints (indiePrints.co.za) provides the Client with commercially reasonable assistance, information and authority necessary to perform the Client’s obligations under this section. The Client will reimburse the reasonable expenses (if any) incurred by IndiePrints (indiePrints.co.za) in providing such assistance.    By IndiePrints (indiePrints.co.za) Subject to the terms, conditions, express representations and warranties provided in this Agreement, IndiePrints (indiePrints.co.za) agrees to indemnify, save and hold harmless the Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with IndiePrints (indiePrints.co.za)‘s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of the Client provided that: (a) The Client promptly notifies IndiePrints (indiePrints.co.za) in writing of the claim; (b) IndiePrints (indiePrints.co.za) shall have sole control of the defence and all related settlement negotiations; and (c) The Client shall provide IndiePrints (indiePrints.co.za) with the assistance, information and authority necessary to perform IndiePrints (indiePrints.co.za)’s obligations under this section. Notwithstanding the foregoing, IndiePrints (indiePrints.co.za) shall have no obligation to defend or otherwise indemnify the Client for any claim or adverse finding of fact arising out of or due to the Client Content, any unauthorized content, improper or illegal use, or the failure to properly use and handle any Deliverables provided by IndiePrints (indiePrints.co.za). Limitation of Liability THE SERVICES AND THE WORK PRODUCTS OF INDIEPRINTS (INDIEPRINTS.CO.ZA) ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF INDIEPRINTS (INDIEPRINTS.CO.ZA), ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“INDIEPRINTS (INDIEPRINTS.CO.ZA) PARTIES”), TO THE CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND THE CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF INDIEPRINTS (INDIEPRINTS.CO.ZA). IN NO EVENT SHALL INDIEPRINTS (INDIEPRINTS.CO.ZA) BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY INDIEPRINTS (INDIEPRINTS.CO.ZA), EVEN IF INDIEPRINTS (INDIEPRINTS.CO.ZA) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TERM AND TERMINATION This Agreement shall commence upon the Effective Date and shall remain effective for as long as the services continue. This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach. IndiePrints (indiePrints.co.za) will not unreasonably terminate this agreement with the Client, and that termination by IndiePrints (indiePrints.co.za) will be one of the last resorts upon material breaches not remedied by the client within specified time frames and upon reasonable notice from IndiePrints (indiePrints.co.za). Services to the Client or the Client account(s) may be suspended pending any internal investigations by IndiePrints (indiePrints.co.za), but suspension of accounts will not constitute Termination of this Agreement. In the event of termination, IndiePrints (indiePrints.co.za) shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) any fees for work performed by IndiePrints (indiePrints.co.za) or its agents as of the date of termination, whichever is greater; and the Client shall pay all fees together with any Additional Costs incurred through and up to, the date of cancellation. GENERAL Modification/ This Agreement may be modified by the parties. Any modification of this Agreement must be in writing and such modifications must expressly specify and state the extent to which they amend this Agreement. Any such modifications must be signed by both parties to be of any effect to this Agreement. Request for modification of this agreement must be made by either party to the other prior to any work begun by IndiePrints (indiePrints.co.za) on the Deliverables. Waiver  Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. Notices  All notices to be given hereunder shall be transmitted in writing either by facsimile or electronic mail with return confirmation of receipt. Notice shall be effective: On the same day in the case of email, upon receiving receipt which confirms that transmission is completed. On the same day in the case of fax, subject to receiving receipt confirming that transmission is completed and with the original notice if sent by a same-day courier to following postal address: PO Box, 1081, Sifahla, 0957  Assignment By the Client  The Client may not assign, whether in writing or orally, cede, delegate, assign or transfer its rights or obligations under this Agreement, without obtaining prior written consent of IndiePrints (indiePrints.co.za). IndiePrints (indiePrints.co.za) will not unreasonably withhold consent. By IndiePrints (indiePrints.co.za) Subject to Kernel industries giving reasonable notice to the Client, Kernel Industries may cede, delegate, assign or transfer all or any of our rights, interests or obligations under this agreement. Interruption Event/ Force Majeure (“Superior force”) IndiePrints (indiePrints.co.za) shall not be deemed in breach of this Agreement if IndiePrints (indiePrints.co.za) is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God or incapacity of IndiePrints (indiePrints.co.za) or any South African law or international law, governmental order or regulation or any other event beyond IndiePrints (indiePrints.co.za)’s control (collectively, “Interruption Event” or “Force Majeure Event”). Upon occurrence of any Interruption Event, IndiePrints (indiePrints.co.za) shall give notice to the Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services. Governing Law and Dispute Resolution The formation, construction, performance, interpretation and enforcement of this Agreement shall be governed in accordance with the laws of the Republic of South Africa. IndiePrints (indiePrints.co.za) and the Client agree to submit to the jurisdiction of the Gauteng courts. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties.  If IndiePrints (indiePrints.co.za) and the Client are unable to resolve the dispute, both parties agree to meaningfully engage in dispute resolution forums (mutually agreed to by the parties) and exhausting those available forums such as mediation and/ or binding arbitration, prior to seeking assistance from courts. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Severability Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. Headings The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect. Integration This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement. In the event of a conflict between this document and any other Terms, the terms of this document shall control. RIGHTS TO DELIVERABLES OTHER THAN FINAL ART   Rights to Final Deliverables Ownership of Products bought by The Client The Client retains ownership of the products designed and purchased by the Client, with the exception that they will be granting a non-exclusive License to use any art/pictures/media/graphics that they would have bought from our designer marketplace from participating designers and companies. Right of use After the Client has purchased any art/media/graphics provided for in IndiePrints (indiePrints.co.za)’s designer marketplace from participating designers and companies, transfer of Rights of Use of such media is subject to a non-exclusive License grant for the Client to use, provided such use does not constitute breach of this agreement. The Client will not construed or purport such media as their own as The Client will only be granted non-exclusive License rights to such media. The Client Content The Client Content, including all pre-existing Trademarks, shall remain the sole property of the Client or its respective suppliers, and the Client or its suppliers shall be the sole owner of all rights in connection therewith. The Client hereby grants to IndiePrints (indiePrints.co.za) a nonexclusive, non-transferable license to use, reproduce, modify, display and publish the Client Content solely in connection with IndiePrints (indiePrints.co.za)’s performance of the Services and for promotional uses of the Deliverables as authorized in this Agreement. Third Party Materials All Third Party Materials are the exclusive property of their respective owners. IndiePrints (indiePrints.co.za) shall inform The Client of all Third Party Materials that may be required to perform the Services or otherwise integrated into the Final Art. Under such circumstances IndiePrints (indiePrints.co.za) shall inform the Client of any need to license, at the Client’s expense, and unless otherwise provided for by the Client, the Client shall obtain the license(s) necessary to permit the Client’s use of the Third Party Materials consistent with the usage rights granted herein. In the event the Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of Third Party Materials, the Client hereby indemnifies, saves and holds harmless IndiePrints (indiePrints.co.za) from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of the Client’s failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials included in the Final Art.  Original Artwork by IndiePrints (indiePrints.co.za) IndiePrints (indiePrints.co.za) retains all rights and title in and to any original artwork comprising Final Art whose rights are exclusively IndiePrints (indiePrints.co.za)’s, including all rights to display, redistribute or sell such artwork. The Client shall return all original artwork to IndiePrints (indiePrints.co.za) within thirty (30) days of completion of the Services or if the artwork were digital as it will be for most instances, the Client shall destroy/delete all such artwork provided by IndiePrints (indiePrints.co.za). MEDIA UPLOAD POLICY   Trademarks Indieprints.co.za (IndiePrints (indiePrints.co.za)) makes no claim of ownership to Client provided content. All Trademarks and Intellectual Property of any content provided by the Client remains the sole property and belongings of the Client. Client shall have sole responsibility for ensuring that any Trademarks or part of the final product (Deliverables) intended to be a Trademark are available for use in commerce and do not otherwise infringe the rights of any third party. The Client hereby indemnifies, saves and holds harmless IndiePrints (indiePrints.co.za) from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by any third party alleging any infringement arising out of the Client’s use and/or failure to obtain rights to use or use of the Trademark. File upload size All file upload sizes must be less than 10MB  IndiePrints (indiePrints.co.za)’s Tools  All IndiePrints (indiePrints.co.za) ’s Tools are and shall remain the exclusive property of IndiePrints (indiePrints.co.za) & Kernel Industries. IndiePrints (indiePrints.co.za) hereby grants to the Client a nonexclusive, non-transferable, worldwide license to use the IndiePrints (indiePrints.co.za) Tools solely to the extent necessary with the Final Deliverables for the Project. The Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any IndiePrints (indiePrints.co.za) Tools comprising any software or technology of IndiePrints (indiePrints.co.za) /Kernel Industries.   RIGHTS TO FINAL ART   Assignment: Upon completion of the Services (not including subscription services), and expressly subject to full payment of all fees/costs due (not including subscription fees) IndiePrints (indiePrints.co.za) hereby assigns to the Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Final Art (“Final Art” as described in the DEFINATIONS section of this agreement, and as a divisible component of the Final Deliverables, but not the Final Deliverables in its entirety).  The Client shall have sole responsibility for ensuring that any proposed Final Art intended to be a Trademark are available for use in commerce do not otherwise infringe the rights of any third party. SUPPORT SERVICES Support services Support services will be made available to all Kernel industries’ Clients through Kernel Industries’ channels.  “Support Services” means commercially reasonable technical and non-technical support and assistance to any issues that may arise in respect of using IndiePrints (indiePrints.co.za) services and or Deliverables. ENHANCEMENTS After Final Deliverables are delivered to and accepted by the Client, there will be no maintenance period except for correcting Deficiencies (“Deficiencies” as defined below) identified within seven days after delivery and acceptance date. However, The Client may request that IndiePrints (indiePrints.co.za)  develop enhancements to the Deliverables, and IndiePrints (indiePrints.co.za) shall exercise commercially reasonable efforts to prioritize IndiePrints (indiePrints.co.za)’s resources to create such enhancements. The parties understand that pre-existing obligations to third parties existing on the date of the request for enhancements may delay the immediate execution of any such requested enhancements. Such enhancements shall be provided at IndiePrints (indiePrints.co.za)’s discretionary rate (a time and materials basis price for such services). ADDITIONAL WARRANTIES AND REPRESENTATIONS Deficiencies Subject to the representations and warranties of the Client in connection with the Client Content, IndiePrints (indiePrints.co.za) represents and warrants that the Final Deliverables will be free from Deficiencies within reasonable bounds/scope. For the purposes of this Agreement, “Deficiency” shall mean a failure to comply with the specifications set forth regarding usage of Indieprints.co.za in any material respect, but shall not include any problems caused by the Client Content, modifications, alterations or changes made to Final Deliverables by the Client or any third party after delivery by IndiePrints (indiePrints.co.za). The parties acknowledge that the Client’s sole remedy and IndiePrints (indiePrints.co.za)’ sole liability for a breach of this Section is the obligation of IndiePrints (indiePrints.co.za) to correct any Deficiency identified within the seven days after delivery and acceptance of Final Deliverables. In the event that a Deficiency is caused by Third Party Materials provided as can be seen in the design tool/template, the Client’s sole obligation shall be to substitute the media file with alternative uploads, provided these uploads are deemed permissible by our File Upload Policy.    IndiePrints (indiePrints.co.za) Tools Subject to the representations and warranties of the Client in connection with the materials supplied by the Client, IndiePrints (indiePrints.co.za) represents and warrants that, to the best of IndiePrints (indiePrints.co.za)’ knowledge, IndiePrints (indiePrints.co.za)’ Tools do not knowingly infringe the rights of any third party, and use of same in connection with the Project will not knowingly violate the rights of any third parties except to the extent that such violations are caused by the Client Content, or the modification of, or use of the Deliverables in combination with materials or equipment outside the scope of the applicable specifications, by the Client or third parties. COMPLIANCE WITH LAWS IndiePrints (indiePrints.co.za) shall use commercially reasonable efforts to ensure that all Final Deliverables shall be designed to comply with the known relevant rules and regulations. The Client, upon acceptance of the Deliverables, shall be responsible for conformance with all laws relating pertaining to their use of the Deliverables.

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