Terms & Conditions

1. Who we are and acceptance of these terms

These Website Terms of Use (“Terms”) govern your use of wagnergraphicdesign.com (the “Website”) and any enquiry, quote request or correspondence you begin through it. They are published by Edwin Benjamin Wagner, trading as Wagner & Co, a sole proprietorship based at 24 24th Street, Menlo Park, Pretoria, 0081, South Africa. “Wagner & Co”, “we”, “us” and “our” mean this business; “you” and “your” mean anyone who visits or uses the Website.

By using the Website, you agree to these Terms. If you do not agree to them, please do not use the Website. If you engage us for design work, the specific scope, fees and delivery terms for that project are set out in a separate written quote, proposal or client agreement (a “Client Agreement”) which, once both parties agree to it, forms a binding contract between us for that project. Where a Client Agreement conflicts with these Terms on a matter it specifically addresses, the Client Agreement prevails for that project; these Terms continue to govern everything else, including use of the Website itself.

We may work with clients and visitors anywhere in the world. Nothing in these Terms is intended to remove any protection you are entitled to under mandatory law that cannot be excluded by agreement, including consumer-protection law of your country of residence. See section 14 for how conflicts between these Terms and mandatory law are resolved.

2. Use of this Website

You may browse the Website and use the enquiry form for legitimate purposes connected to a genuine project enquiry. You agree not to:

• use the Website in a way that breaches any applicable law or regulation;
• attempt to gain unauthorised access to the Website, its hosting infrastructure, or any system or network connected to it;
• scrape, harvest or systematically extract content, code or data from the Website by automated means;
• introduce viruses, malware or other harmful code, or attempt to disrupt or overload the Website;
• submit the contact form with false, misleading or spam content, or on behalf of someone else without their knowledge.

We may suspend or restrict access to the Website, in whole or in part, at any time and without notice, including for maintenance, security or misuse of the kind described above.

3. Enquiries, quotes and engagements

Submitting the contact form, or otherwise contacting us, is an enquiry only. It does not create a contract, reserve our time, or obligate either of us to proceed. Anything we say in reply, including an estimate, quote or proposed scope, is an invitation for you to engage us and is not binding until we both agree to a Client Agreement covering scope, fees, timeline and deliverables.

Quotes are based on the information available at the time and are valid for 30 days unless we state otherwise. Work that falls outside the agreed scope (for example additional concepts, revision rounds beyond what was agreed, or a change in brief after work has started) may be charged separately, and we will tell you before carrying it out wherever reasonably possible.

4. Fees, deposits and payment

Fees, deposit amounts, payment schedule and currency are set out in the Client Agreement for each project. Unless the Client Agreement says otherwise:

• a non-refundable deposit is payable before work begins, and work starts once it is received;
• invoices are payable within 7 days of the invoice date;
• final files, source assets and brand guidelines are released once the project is paid in full;
• overdue invoices may attract interest at the maximum rate permitted by applicable law, and we may pause work on any project until overdue amounts are settled;
• you are responsible for any bank charges, currency-conversion costs or transfer fees on your side of a payment.

Prices exclude VAT or any equivalent sales, consumption or withholding tax unless stated otherwise, and where such tax applies it will be added to your invoice or is your responsibility to account for, as required by the law that applies to you.

5. Project delivery, revisions and your responsibilities

We aim to deliver on the timeline agreed in the Client Agreement, but timelines depend on receiving timely feedback, materials and approvals from you. Delays on your side may shift the delivery date accordingly.

The number of concepts and revision rounds included in a project is set out in the Client Agreement. You are responsible for reviewing drafts carefully, including checking spelling, names, colours and other details before giving final approval — once you sign off a deliverable as final, we are not liable for errors that a reasonable review would have caught.

If you supply us with content — text, images, logos, fonts, data or other material — you confirm that you own it or are licensed to use it and to let us use it for your project, and that it does not infringe any third party’s rights. You are responsible for that content; see section 10 (Indemnification).

6. Intellectual property and ownership

The Website. The design, layout, code, text and graphics of the Website itself, and the Wagner & Co name, mark and logo, belong to us or our licensors and are protected by copyright, trade mark and other intellectual property laws. You may view and print pages of the Website for your own personal, non-commercial use in connection with a genuine enquiry; you may not otherwise copy, reproduce, republish or create derivative works from Website content without our written permission.

Client deliverables. Ownership of a logo, identity system, or other design deliverable created for a project transfers to you only once we have received payment in full for that project, at which point we assign to you the rights in the final approved deliverables described in the Client Agreement, except for any third-party or licensed elements (such as stock imagery or licensed fonts), which remain subject to their own licence terms. Until full payment, all rights in draft and final work remain ours. Working files, source files, unused concepts and preparatory material are not included unless the Client Agreement says otherwise.

Portfolio rights. Unless you tell us otherwise in writing, or your Client Agreement says otherwise, we may show completed project work in our portfolio, on the Website, in case studies and on social media, and refer to you and the project publicly, as described in our Privacy Policy section 6. You can ask us to remove a piece of work from our portfolio at any time.

7. Confidentiality

We will keep confidential any non-public information you share with us for a project (such as unreleased branding, business plans or financials) and use it only to deliver that project, unless we are required by law to disclose it or it becomes public other than through our fault. Likewise, please keep confidential any non-public process, pricing or material we share with you that is not part of your final deliverables.

8. Warranties and disclaimers

The Website and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we make no warranty that the Website will be uninterrupted, error-free, secure, or free of viruses, and we disclaim all warranties, express or implied, about the Website, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We aim to keep the Website’s content accurate, but portfolio descriptions, statistics and other content are provided for general information and may not always be current. Design services are performed with reasonable skill and care in line with the Client Agreement; beyond that, we give no further warranty about outcomes such as how a design will perform commercially, or that it will be free from any possible third-party claim, except where the Client Agreement says otherwise.

Nothing in this section excludes or limits a warranty, guarantee or right that cannot lawfully be excluded under the law that applies to you, including under South African consumer law, the UK or EU consumer rights regimes, or US state consumer-protection law, where applicable.

9. Limitation of liability

To the fullest extent permitted by law, our total liability to you arising out of or in connection with the Website or a project, however it arises (including in contract, delict / tort or otherwise), is limited to the total fees you actually paid us for the project giving rise to the claim in the 12 months before the event, or ZAR 5,000 where no fees have been paid (for example a claim arising purely from use of the Website).

We are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, even if we were advised such loss was possible. These limits apply together, not separately, and apply to the fullest extent the law allows.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability which the law of your jurisdiction does not permit us to exclude.

10. Indemnification

You agree to indemnify and hold us harmless from any claim, loss, liability or expense (including reasonable legal fees) arising from: content or material you supply to us; your breach of these Terms or a Client Agreement; your use of a deliverable outside the scope or licence agreed; or your violation of any law or third party’s rights. This does not apply to the extent a claim results from our own negligence, breach of contract, or wilful misconduct.

11. Third-party links and services

The Website may link to third-party websites (for example Instagram) or rely on third-party services (for example our hosting provider, GitHub Pages, our contact-form provider, Formspree, and Google Fonts). We do not control and are not responsible for the content, availability, or practices of those third parties, and linking to them does not imply endorsement. Your use of any third-party site or service is subject to that party’s own terms. See our Privacy Policy for how these services handle personal information.

12. Termination and cancellation

Either of us may cancel a project in line with the cancellation terms in the Client Agreement. Where the Client Agreement is silent, either party may cancel a project on written notice; you remain liable for fees for work completed and costs reasonably incurred up to the date of cancellation, and any deposit paid is non-refundable. We may decline to take on or may terminate a project engagement at our discretion before a Client Agreement is signed.

We may also suspend or terminate your access to the Website at any time, for any or no reason, including for a breach of section 2. Sections of these Terms that by their nature should survive termination (including sections 6, 7, 9, 10 and 14) continue to apply.

13. Force majeure

Neither of us is liable for a delay or failure to perform caused by circumstances beyond our reasonable control, including natural disaster, war, civil unrest, act of government, power, internet or infrastructure failure, or illness. The affected party will tell the other as soon as reasonably possible and resume performance once the circumstance ends.

14. Governing law and disputes

These Terms, and any Client Agreement unless it says otherwise, are governed by the laws of South Africa, without regard to its conflict-of-laws rules, and the courts of South Africa have non-exclusive jurisdiction over any dispute. “Non-exclusive” means a dispute may also be brought before a competent court where you are based, where the law requires that option to be available to you.

If you are a consumer resident in the European Union, the United Kingdom, or a US state with its own mandatory consumer-protection or governing-law rules, this section does not deprive you of the protection of any mandatory provision of the law of the country in which you are resident, and does not remove your right to bring proceedings in your own courts where that right cannot lawfully be excluded.

Before starting formal proceedings, please contact us first (see section 16) so we can try to resolve the matter directly — most disagreements are easier to settle that way.

15. General

Changes to these Terms. We may update these Terms from time to time, for example to reflect a change in our services or the law. The “Last updated” date at the top shows the current version; continued use of the Website after a change means you accept the updated Terms. A Client Agreement already in place is not affected by a later change to these Terms unless we agree otherwise in writing.

Severability. If any part of these Terms is found unenforceable, the rest continues to apply, and the unenforceable part will be read in a way that gives effect to its intent as closely as the law allows.

No waiver. If we do not enforce a right under these Terms, that does not mean we waive it.

Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer these Terms, in whole or in part, to a successor business, as described in our Privacy Policy.

Entire agreement. These Terms, together with the applicable Client Agreement and our Privacy Policy and Cookie Policy, are the entire agreement between us regarding the Website and, unless the Client Agreement says otherwise, the project, and supersede any prior discussion on the same subject.

Language. If these Terms are translated, the English version prevails.

16. Contact us

Questions about these Terms, or a project, are welcome at any time.