The following Terms and Conditions of Service apply to all products and services provided by TZ Digital Company Ltd (hereinafter referred to as TZ Digital) and in the event of any dispute are governed by the laws of Zanzibar, Tanzania.
All work is carried out by TZ Digital on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by TZ Digital on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If multiple designs are presented and one is chosen for your project, only that one design is deemed
to be given by us as fulfilling the contract. All other designs remain the property of TZ Digital, unless
specifically agreed in writing.
At the time of proposal, TZ Digital will provide the customer with a written estimate or quotation by
email. These Terms and Conditions can be read at any time on the TZ Digital website.
A copy of the written estimate or quotation is to be signed and dated by the client to indicate
acceptance and should be returned to TZ Digital.
Alternatively, the client may send an official purchase order in reply to the estimate or quotation
which binds the client to accept our terms and conditions, or an email acknowledging acceptance of
For the avoidance of doubt, the TZ Digital Terms & Conditions are what govern the job, not any
conditions on the customer’s purchase order.
Charges for design services to be provided by TZ Digital will be set out in the written estimate or
quotation that is provided to the customer. At the time of which the client’s signed acceptance of this
estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment
of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a
minimum of fifty (50) percent of the project quotation total before the work commences or is
supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will
be due upon completion of the work.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in
the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but
not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these
files for transfer to an in-house or other designer, they will be subject to a separate quotation or
Charges for Other Services
Charges for any additional services requested during the project that are over and above the
estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of
estimate or quotation acceptance.
The customer will be provided with an Approval Form or Proof Email, and an Invoice prior to final
publication. At this time the remainder of the amount due will become payable and the customer will
also be required to sign and return the Approval Form or signify approval by email to TZ Digital.
Any invoice queries must be submitted by email within 14 days of the invoice date.
Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment
interest charge of 10% on the outstanding amount from the date due until the date of payment.
Payments may be made by online transfer only.
Publication and/or release of work done by TZ Digital on behalf of the client, may not take place
before cleared funds have been received.
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. TZ
Digital shall be entitled to remove TZ Digital ‘s and/or the customer’s material from any and all
computer systems, until the amount due has been fully paid. This includes any and all unpaid monies
due for services, including, but not limited to, hosting, domain registration, search engine
submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay all TZ Digital ‘s reasonable legal and
accounting expenses and third-party collection agency fees in the enforcement of the debt and these
Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to TZ Digital for inclusion in the customer’s website or
other medium, the customer declares that it holds the appropriate copyright and/or trademark
permissions. The ownership of such materials will remain with the customer, or rightful copyright or
Any artwork, images, or text supplied and/or designed by TZ Digital on behalf of the customer, will
remain the property of TZ Digital and/or its suppliers unless otherwise agreed in writing. A licence
for use of the copyright material is granted to the customer solely for the project defined in the scope
or request and not for any other purpose.
The customer may request in writing from TZ Digital, the necessary permission to use materials (for
which TZ Digital holds the copyright) in forms other than for which it was originally supplied, and TZ
Digital may, at its discretion, grant this and may charge for the additional usage. Such permission
must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.
Any software, code, plugin or other third-party material used in a web or digital project remains the
property of the creator and any ongoing licence fees or fees for upgrades are the responsibility of the
client, not TZ Digital.
By supplying images, text, or any other data to TZ Digital, the customer grants TZ Digital permission
to use this material freely in the pursuit of the design.
Should TZ Digital, or the customer supply an image, text, audio clip or any other file for use in a
website, multimedia presentation, print item, exhibition, advertisement or any other medium
believing it to be copyright and royalty free, which subsequently emerges to have such copyright or
royalty usage limitations, the customer will agree to allow TZ Digital to remove and/or replace the
file on the site.
The customer agrees to fully indemnify and hold TZ Digital free from harm in any and all claims
resulting from the customer in not having obtained all the required copyright, and/or any other
The customer agrees that changes required over and above the estimated work, or in addition to the
agreed scope, or where the client makes changes to the supplied copy or changes required to be
carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that TZ Digital holds no responsibility for any amendments made by any
third party, before or after a design is published.
Any design, copywriting, drawing, idea or code created for the customer by TZ Digital, or any of its
contractors, is licensed for use by the client on a one-time only basis and may not be modified, reused, or re-distributed in any way or form without the express written consent of TZ Digital and any
of its relevant sub-contractors.
All design work – where there is a risk that another party make a claim, should be registered by the
client with the appropriate authorities prior to publishing or first use or searches and legal advice
sought as to its use.
TZ Digital will not be held responsible for any and all damages resulting from such claims.
TZ Digital is not responsible for any loss, or consequential loss, non-delivery of products or services,
of whatever cause. The customer agrees not to hold TZ Digital responsible for any such loss or
Any claim against TZ Digital shall be limited to the relevant fee(s) paid by the customer.
The client agrees to TZ Digital’s definition of acceptable means of supplying data to the company.
Text is to be supplied to TZ Digital in electronic format as standard text (.txt), MS Word (.docx) or
via e-mail / FTP or shared folder.
Images which are supplied in an electronic format are to be provided in a format as prescribed by TZ
Digital via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image
processing, and TZ Digital will not be held responsible for any image quality which the client later
deems to be unacceptable.
TZ Digital cannot be held responsible for the quality of any images which the client wishes to be
scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to,
photography and art direction, photography searches, media conversion, digital image processing, or
data entry services, colour correction and alteration of images.
Design Project Duration
Any indication given by TZ Digital of a design project’s duration is to be considered by the customer
to be an estimation. TZ Digital cannot be held responsible for any project over-runs, whatever the
cause. Estimated project duration should be deemed to be from the date that cleared funds are
received by TZ Digital for the initial payment or by date confirmed in writing by TZ Digital.
Rights of Access for Website Construction
The client agrees to allow TZ Digital all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the
necessary read/write permissions, usernames and passwords.
The customer also agrees to allow TZ Digital access to any computer systems, usernames and
passwords required to remove data and/or sites for failure to comply with these Terms and
The customer agrees to supply TZ Digital with all necessary materials, electronic, or otherwise,
required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
TZ Digital considers the design project complete upon receipt of the customer’s signed Approval
form or signoff email. Other services such as printing, display panel production, filmwork, website
uploading, publishing etc either contracted on the client’s behalf constitute a separate project and
can be treated as a separate charge.
Website Design Only
TZ Digital require that a template is approved by the customer before coding of a site commences.
Once the template(s) for the web site are approved by the customer, coding will commence; any
changes to navigation items, colours, structure or content that require changes to the template will
incur an additional charge.
Once web design is complete, TZ Digital will provide the customer with the opportunity to review
the resulting work. TZ Digital will make one set of minor changes at no extra cost within 14 days of
the start of the review period. Minor changes include small textual changes and small adjustments to
placement of items on the page. It does not include changes to images, colour schemes or any
navigation features. Any minor changes can be notified to TZ Digital by e-mail.
TZ DIGITAL will consider that the client has accepted the original draft, if no notification of changes
is received in writing from the customer, within 14 days of the start of the review period.
TZ Digital offers a limited hosting services through an out-sourced virtual server. TZ Digital does not
guarantee continuous service and will accept no liability for loss of service, whatever the cause.
TZ Digital may request that clients change the type of hosting account used if that account is deemed
by TZ Digital to be unacceptable because of poor service, lack of bandwidth or in any other way
insufficient to support the website. Fees for hosting on TZ Digital’s virtual server are due at the
commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and TZ Digital are
not liable for their payment, nor for the renewal of domain names, which are the sole responsibility
of the customer / domain owner.
TZ Digital cannot guarantee the availability of any domain name. Where TZ Digital is to register a
domain name on behalf of a client it will endeavour to do so but the client should not assume a
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s
ranking, TZ Digital cannot guarantee any particular placement. Acceptance by any search engine
cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies
from one search engine to another. Rankings will also vary as new sites are added. TZ Digital
recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
The customer agrees to allow TZ Digital to place a small credit on printed material exhibition
displays, advertisements and/or a link to TZ Digital own website on the customer’s website. This will
usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow TZ Digital to place websites and other designs, along with a link to
the client’s site on TZ Digital’s own website for demonstration purposes and to use any designs in
its own publicity and portfolios.
Rights of Refusal
TZ Digital will not include in its designs, any text, images or other data which it deems to be immoral,
offensive, obscene or illegal. All advertising material must conform to all standards laid down by all
relevant advertising standards authorities. TZ Digital also reserves the right to refuse to include
submitted material without giving reason. In the situation where any images and/or data that TZ
Digital does include in all good faith, and subsequently discovers is in contravention to such Terms
and Conditions, the customer is obliged to allow TZ Digital to remove the contravention without
hindrance, or penalty. TZ Digital is to be held in no way responsible for any such data being included.
Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be
invoiced for all work completed over and above the non-refundable deposit that will have been
made at the time of first ordering. The balance of monies due must be paid within 30 days. Please
note: any cancellation which is not formally confirmed in writing and received by TZ Digital within
14 days of such instruction being issued, will be liable for the full quoted cost of the project.
TZ Digital makes no warranties of any kind, express or implied, for any and all products and/or
services that it supplies. TZ Digital will not be held responsible for any and all damages resulting
from products and/or services it supplies. TZ Digital is not responsible for any loss, or consequential
loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable
steps to investigate the materials we recommend, we accept no responsibility for the performance or
quality of materials or any consequential loss arising from their failure. The customer agrees not to
hold TZ Digital responsible for any such loss or damage. Any claim against TZ Digital shall be limited
to the relevant fee(s) paid by the customer.
TZ Digital reserves the right to use the services of sub-contractors, agents and suppliers and any
work, content, services and usage is bound by their Terms and Conditions. TZ Digital will not
knowingly perform any actions to contravene these and the client also agrees to be so bound.
TZ Digital and its clients agree to comply with Printers Terms and Conditions which include
disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the
total ordered. TZ Digital recommend that if an exact quantity is required, then 10% extra is added to
the quantity and extra time made available should the job be delayed.
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.
TZ Digital reserves the right to change any rates and any of the Terms and Conditions at any time
and without prior notice.
Acceptance of Terms and Conditions and Quotation
The placement of an order for design and/or any other services offered by TZ Digital, by email,
verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely
An estimate validated by the customer’s signature on the estimate or quotation form, or by email,
constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms
and Conditions and forms a Contract for Business between the signatory and TZ Digital.