Terms and Conditions

1. About Us 

Fisher Creative & Design is a trading name of The Fisher Agency Pty (Ltd), registered in South Africa (Reg: 2015/313607/07, VAT: 4830272920), based in Cape Town, South Africa. 

Registered address: 8-10 6th Avenue, Melkbosstrand, Cape Town, 7441, South Africa 

Email: hello@fishercreative.co.za | Tel: +27 83 251 8298 

2. Definitions 

— “Fisher Creative”, “we”, “us”, “our” refers to The Fisher Agency Pty (Ltd) trading as Fisher Creative & Design. 

— “Client”, “you”, “your” refers to the individual or organisation engaging Fisher Creative for services. 

— “Project” refers to any design, creative, or consulting work commissioned by the Client. 

— “Deliverables” refers to the final design files, documents, or creative outputs produced for the Client. 

— “Brief” refers to the written or verbal instructions provided by the Client for a Project. 

— “Proposal” refers to a written quotation or scope of work issued by Fisher Creative. 

— “Retainer” refers to an ongoing monthly service agreement as detailed in a separate Retainer Agreement. 

3. Engagement and Acceptance 

A contract between Fisher Creative and the Client is formed when: 

— The Client accepts a Proposal in writing (including by email), or 

— The Client pays a deposit or first invoice, or 

— The Client instructs Fisher Creative to commence work in writing. 

These Terms and Conditions form part of every contract between Fisher Creative and the Client, unless expressly varied in writing and signed by both parties. 

4. Scope of Work 

The scope of each Project is defined in the relevant Proposal or Retainer Agreement. Any work outside the agreed scope will be treated as a variation and may be subject to additional fees. 

Fisher Creative will notify the Client in writing before undertaking any out-of-scope work. The Client’s written approval is required before additional work commences. 

Where no written Proposal has been issued, the scope will be defined by written correspondence between the parties. 

5. Client Responsibilities 

The Client is responsible for: 

— Providing a complete and accurate written Brief prior to the commencement of work 

— Supplying all required materials, assets, and content (copy, images, logos, brand guidelines) in a timely manner 

— Nominating a single point of contact authorised to give approvals and feedback 

— Reviewing and approving or providing feedback on all submitted work within agreed timeframes 

— Ensuring all Client-supplied materials are legally cleared for use (copyright, model releases, trademarks) 

— Maintaining backup copies of all files and materials shared with Fisher Creative 

Delays caused by the Client — including late supply of materials, delayed feedback, or scope changes — may affect delivery timelines and may result in additional fees. Fisher Creative accepts no liability for delays attributable to the Client. 

6. Fees, Invoicing and Payment 

6.1 Fees 

Fees are as set out in the Proposal or Retainer Agreement, excluding VAT at 15% (or applicable local tax rate). All fees are in South African Rand (ZAR) unless otherwise agreed in writing. 

For international clients, fees may be agreed in USD or GBP. The Client is responsible for any bank transfer fees or currency conversion costs. 

6.2 Deposit 

Unless otherwise agreed in writing, a deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon delivery of final files or as specified in the Proposal. 

6.3 Retainer Payments 

Retainer fees are invoiced monthly in advance, due within 7 days of the invoice date. Failure to pay within 14 days may result in suspension of services as set out in the Retainer Agreement and SLA. 

6.4 Payment Terms 

All invoices are due within 14 days of the invoice date unless otherwise agreed in writing. Fisher Creative reserves the right to charge interest on overdue invoices at 2% per month (compounded) from the due date. 

6.5 Non-payment 

Fisher Creative reserves the right to suspend or terminate services, and to withhold delivery of final files, if invoices remain unpaid beyond 14 days of the due date. Ownership of all Deliverables remains with Fisher Creative until full payment has been received. 

7. Revisions and Approvals 

Unless otherwise specified in the Proposal, each project includes two (2) rounds of revisions per deliverable. A revision round means a single consolidated set of changes communicated in writing. 

Additional revision rounds are charged at the applicable hourly rate, as specified in the Proposal or current rate card. 

Written sign-off by the Client constitutes acceptance of the final deliverable. Fisher Creative will not be held liable for errors or omissions not identified during the approval process. 

Fisher Creative will not proceed to print, production, or live deployment without written sign-off from the Client. The Client assumes all responsibility for errors following sign-off. 

8. Turnaround Times 

Estimated turnaround times are provided in good faith and commence from the date Fisher Creative receives a complete brief and all required Client-supplied materials. 

Fisher Creative will make reasonable efforts to meet agreed deadlines. However, turnaround times are not guaranteed and Fisher Creative accepts no liability for losses arising from delays, unless caused by Fisher Creative’s gross negligence. 

Rush work (turnaround of less than 24 hours, or outside business hours 08:00–17:00 SAST, Monday to Friday) is subject to a 25% surcharge and is subject to availability. 

9. Intellectual Property and Ownership 

9.1 Ownership of Deliverables 

Full ownership of all final Deliverables transfers to the Client upon receipt of payment in full. Until full payment is received, all Deliverables and all intellectual property rights in them remain the property of Fisher Creative. 

9.2 Working Files 

Native working files (e.g. InDesign, Illustrator, Photoshop, Figma source files) are the property of Fisher Creative and are not included in the standard project fee unless expressly agreed in the Proposal. Transfer of working files may be agreed for an additional fee. 

9.3 Third-Party Assets 

Where a project incorporates third-party assets (stock photography, fonts, licensed templates), the Client is responsible for ensuring appropriate licences are obtained and maintained. Fisher Creative will advise on licensing requirements but is not responsible for ongoing licence compliance. 

9.4 Fisher Creative Portfolio Rights 

Fisher Creative reserves the right to display completed work in its portfolio, website, and marketing materials, unless the Client requests confidentiality in writing prior to project commencement.  

9.5 Client-Supplied Materials 

The Client warrants that all materials supplied to Fisher Creative are legally cleared for use and do not infringe any third-party intellectual property rights. The Client indemnifies Fisher Creative against any claims arising from the use of Client-supplied materials. 

10. Confidentiality 

Fisher Creative agrees to keep all Client materials, project briefs, and business information confidential and not to disclose them to any third party without the Client’s written consent, except where required by law or to engage approved sub-contractors who are bound by equivalent confidentiality obligations. 

This obligation survives termination of the engagement. 

11. Cancellation and Termination 

11.1 Cancellation by the Client 

If the Client cancels a project after work has commenced, the following cancellation fees apply: 

— Cancellation after brief confirmation but before design commencement: deposit forfeited 

— Cancellation after design commencement: full payment for all work completed to date, calculated at the applicable hourly rate 

— Cancellation after delivery of concepts: 75% of total project fee 

— Cancellation after final sign-off: full project fee payable 

Cancellation must be communicated in writing to hello@fishercreative.co.za. 

11.2 Termination by Fisher Creative 

Fisher Creative may terminate an engagement with 7 days’ written notice if: 

— The Client fails to pay any invoice within 21 days of the due date 

— The Client acts in a manner that is abusive, discriminatory, or harassing towards Fisher Creative staff 

— The Client materially breaches these Terms and fails to remedy the breach within 7 days of written notice 

In such circumstances, the Client remains liable for all work completed to the date of termination. 

11.3 Retainer Cancellation 

Retainer agreements require 30 days’ written notice to cancel after the initial 3-month minimum commitment period. See the Retainer Agreement and SLA for full details. 

12. Limitation of Liability 

To the fullest extent permitted by applicable law, Fisher Creative’s total liability to the Client for any claims arising from or related to the services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim. 

Fisher Creative shall not be liable for: 

— Indirect, consequential, or incidental losses 

— Loss of profit, revenue, business, or opportunity 

— Losses arising from the Client’s use of Deliverables after sign-off 

— Delays or failures caused by circumstances beyond Fisher Creative’s reasonable control (force majeure) 

— Third-party costs or actions, including printing errors, publisher requirements, or platform rejections 

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. 

13. Force Majeure 

Fisher Creative shall not be in breach of these Terms if it is unable to perform its obligations due to circumstances beyond its reasonable control, including but not limited to load-shedding, power outages, internet disruption, natural disasters, pandemic, civil unrest, or government action. 

Fisher Creative will notify the Client promptly of any such circumstances and will make reasonable efforts to resume services as soon as practicable. 

14. Subcontracting 

Fisher Creative may engage trusted freelance designers or specialist partners to assist in the delivery of projects. All such partners are subject to confidentiality obligations and are required to meet Fisher Creative’s quality standards. Fisher Creative remains responsible for the quality and delivery of all work. 

15. Dispute Resolution 

In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through direct negotiation before pursuing formal proceedings. 

SA clients: If the dispute cannot be resolved by negotiation, either party may refer the matter to mediation before the Arbitration Foundation of Southern Africa (AFSA) or to the appropriate South African court. 

UK clients: Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales, unless otherwise agreed in writing. 

16. Governing Law 

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. 

For UK-based clients, where required by applicable consumer or business protection law, certain provisions of the laws of England and Wales may apply. Nothing in these Terms removes or limits any statutory rights that UK clients may have under applicable law. 

17. Entire Agreement 

These Terms and Conditions, together with any Proposal, Retainer Agreement, or SLA, constitute the entire agreement between Fisher Creative and the Client in relation to the services described and supersede all prior discussions, representations, and agreements. 

No variation of these Terms is effective unless agreed in writing and signed by an authorised representative of Fisher Creative. 

18. Severability 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 

19. Changes to These Terms 

Fisher Creative reserves the right to update these Terms and Conditions from time to time. The current version will always be published on our website at fishercreative.co.za. Continued engagement with Fisher Creative after any update constitutes acceptance of the revised Terms.