CLEAR PROJECT TERMS • WINDHOEK, NAMIBIA
TERMS.
CLEAR BY DESIGN.
Read the terms and conditions No Smudge Namibia applies when you use our website, request a quotation, approve artwork or place an order.
BEFORE PLACING AN ORDER •
CLEAR EXPECTATIONS. BETTER RESULTS.
Please review these terms carefully before approving artwork, making payment or instructing No Smudge Namibia to begin design, preparation or production.
An order is confirmed only after the required written confirmation, artwork approval and payment have been received and we have accepted the order for production.ABOUT THESE TERMS •
INTRODUCTION.
These Terms and Conditions govern the use of the No Smudge Namibia website and the supply of products and services by No Smudge Namibia.
In these terms, “No Smudge Namibia”, “No Smudge”, “we”, “us” and “our” refer to the business operating the No Smudge Namibia website and supplying the relevant products or services.
“Customer”, “you” and “your” refer to the person, business or organisation using the website, requesting a quotation, approving artwork or placing an order.
By using the website, accepting a quotation, approving artwork, making payment or instructing us to begin work, you acknowledge that you have read and accepted these Terms and Conditions.
Nothing in these terms is intended to exclude, restrict or replace a right or remedy that cannot lawfully be excluded under applicable Namibian law.
WHAT WE CREATE •
PRODUCTS AND SERVICES.
No Smudge Namibia provides custom printing, creative design, website and brand-development services.
PRODUCT LABELS
Custom labels and stickers for products, packaging, bottles and containers.
BOTTLE LABELS
Personalised labels for glass and plastic bottles, events and branded products.
LICENCE DISK STICKERS
Stickers printed with approved business, branding and contact information.
VINYL GRAPHICS
Custom window and vehicle vinyl supplied on a roll for customer-arranged installation.
CANVAS PRINTS
Completed boxed canvas prints produced from approved artwork or photographs.
PARTY PRINTING
Personalised birthday bottles, party boxes, stickers and related printed products.
DESIGN SUPPORT
Artwork preparation, adjustment, layout and custom creative services.
WEBSITES & BRANDS
Website design and brand-development services completed according to an approved brief.
The exact products, materials, quantities, dimensions, finishes and services included in an order will be determined by the accepted quotation or written order confirmation.
PROJECT PRICING •
QUOTATIONS.
Unless otherwise stated in writing, our quotations:
- Remain valid for 30 calendar days.
- Are subject to material and stock availability.
- Are based on the information supplied by the customer.
- May change when quantities, dimensions, artwork, materials, finishes or specifications change.
- Exclude delivery or courier charges unless those charges are specifically included.
- Include or exclude VAT as expressly stated on the quotation.
A quotation is prepared using the project information available at the time. We may issue a revised quotation if the scope, quantity, artwork, material or production requirements change.
A quotation does not reserve materials or production capacity unless No Smudge Namibia confirms that reservation in writing.
CONFIRMING YOUR PROJECT •
ORDERS AND CONFIRMATION.
An order is considered confirmed only when all requirements applicable to that order have been completed.
WRITTEN CONFIRMATION
You accept the quotation or confirm the order in writing.
ARTWORK APPROVAL
Final artwork is supplied or the relevant proof is approved.
PAYMENT RECEIVED
The required deposit or full payment has cleared.
PRODUCTION ACCEPTED
We confirm that the order can enter production.
We may decline an order that is impractical, technically unsuitable, offensive, unlawful, apparently infringes another party’s rights or cannot reasonably be completed.
Changes requested after confirmation may affect the price, material requirements and completion date.
PROJECT PAYMENTS •
PRICING AND PAYMENT.
Prices are quoted in Namibian dollars, shown as N$ or NAD, unless another currency is expressly stated.
Unless otherwise agreed in writing:
- New customers may be required to pay the full order amount before production begins.
- A deposit may be required, with the balance payable before collection, delivery or final handover.
- Approved account customers must pay according to the payment terms shown on the invoice.
- Production will not begin until the required upfront payment has cleared and been verified.
- Products, source files or completed work may be withheld until all amounts due for the relevant order have been paid.
BANK TRANSFER PAYMENTS
Customers paying by electronic bank transfer should use the quotation, invoice or order number as the payment reference where requested.
Proof of payment may assist with administration but does not constitute cleared payment. Work may begin only after payment is reflected and verified.
OVERDUE PAYMENTS
Where legally permitted, overdue amounts may be subject to reasonable interest, collection costs and recovery expenses. We may suspend work, withhold delivery or decline additional work while an account remains overdue.
CHECK BEFORE APPROVAL •
ARTWORK AND PROOF APPROVAL.
Customers must carefully inspect all artwork, proofs and specifications before approving production.
YOUR APPROVAL CONFIRMS
- Spelling, grammar and punctuation are correct.
- Names, addresses and contact details are correct.
- Product descriptions and required wording are correct.
- Dimensions, shape and orientation are correct.
- Quantities and material selections are correct.
- Logo placement and design layout are approved.
- Barcode and QR-code information has been checked.
- Cut lines, margins and finishing requirements are approved.
APPROVAL STARTS PRODUCTION
Once a final proof has been approved and production has begun, changes may no longer be possible. Stopping or reproducing work may require a revised quotation.
We will not ordinarily be responsible for an error that appeared clearly in the customer-approved artwork or proof.
This does not remove a customer’s rights where the finished product materially differs from the approved proof or agreed order specification.
CUSTOMER-SUPPLIED FILES
Customers are responsible for supplying artwork in a suitable resolution, format, size and colour profile. Additional charges may apply if files require conversion, rebuilding, correction or design work.
COLOUR AND PRODUCTION VARIATIONS
Printed colours may differ from colours shown on screens because screens use light while printing uses physical inks, toners, materials and production processes.
- Screen calibration and brightness.
- Material colour, texture and finish.
- Ink, toner and production characteristics.
- Lamination and finishing processes.
- Lighting conditions.
- Reasonable commercial production tolerances.
- Differences between separate production runs.
Customers requiring close colour matching should request a physical proof or supply an agreed physical colour reference before production.
PROJECT TIMING •
PRODUCTION TIMES.
Production times are estimates unless a specific completion date has been expressly guaranteed in writing.
Lead times generally begin only after:
- Written order confirmation.
- Final artwork approval.
- Receipt and verification of the required payment.
- Confirmation of material availability.
Production times may be affected by:
- Order size and complexity.
- Artwork changes or delayed approval.
- Material or stock availability.
- Equipment maintenance or technical problems.
- Public holidays and seasonal demand.
- Supplier, courier or transport delays.
- Events outside our reasonable control.
We will make reasonable efforts to complete orders within the estimated period and communicate significant delays where reasonably possible.
RECEIVING YOUR ORDER •
DELIVERY AND COLLECTION.
DELIVERY
Courier and delivery times are estimates and may be affected by circumstances outside No Smudge Namibia’s direct control.
Customers must provide a complete and accurate delivery address and ensure that an authorised person is available to receive the order.
Additional charges may apply where an address is incorrect, access is unavailable or another delivery attempt is required.
INSPECTION
Please inspect your order as soon as reasonably possible. Visible courier damage, shortages or incorrectly supplied products should preferably be reported within 48 hours so that we can investigate promptly.
This reporting request does not remove a right that cannot legally be restricted.
COLLECTION
Customers must wait until No Smudge Namibia confirms that the order is ready. Collections and visits are by prior arrangement.
Armstrong Street
Windhoek, Namibia
MADE SPECIFICALLY FOR YOU •
CUSTOM PRODUCTS AND CANCELLATIONS.
Most No Smudge Namibia products are personalised or created specifically for one customer and cannot readily be resold.
Correctly produced custom products cannot ordinarily be cancelled after production has begun or returned merely because a customer changes their mind.
CANCELLATION BEFORE PRODUCTION
Contact us immediately if you wish to cancel or change an order. Where cancellation occurs before production begins, we may deduct or charge for design work, administration, materials ordered and other reasonable costs already incurred.
AFTER PRODUCTION BEGINS
Cancellation may no longer be possible after custom production begins. Where a change can still be accommodated, additional costs and a revised completion date may apply.
DEFECTIVE OR INCORRECT PRODUCTS
Change-of-mind restrictions do not remove applicable rights concerning defective, incorrectly supplied or materially non-conforming products.
Please review our separate Refund & Returns Policy for the reporting and assessment process.
CREATIVE OWNERSHIP •
INTELLECTUAL PROPERTY.
CUSTOMER-SUPPLIED CONTENT
By supplying artwork, logos, photographs, trademarks, wording or other content, you confirm that you own the content or have the required permission to use and reproduce it.
The customer remains responsible for claims arising from unauthorised customer-supplied content.
We may decline to reproduce material that appears unlawful, infringing, defamatory, discriminatory or otherwise inappropriate.
NO SMUDGE-CREATED ARTWORK
Artwork, layouts, concepts, designs and website work created by No Smudge Namibia remain our intellectual property until all agreed design and production fees have been paid.
Payment for printed products or completed services does not automatically include editable source files, working files, fonts, software licences or third-party assets unless the quotation or written agreement expressly includes them.
PORTFOLIO USE
Unless confidentiality has been agreed in writing, we may photograph or display completed work for reasonable portfolio, website, social-media and marketing purposes.
Customers requiring confidentiality must notify us in writing before production begins.
CHOOSE THE RIGHT MATERIAL •
PRODUCT SUITABILITY.
Customers must provide accurate information about how, where and under what conditions a printed product will be used.
Relevant conditions may include:
- Indoor or outdoor use.
- Water, moisture or chemical exposure.
- Refrigeration and temperature changes.
- Direct sunlight or ultraviolet exposure.
- Surface texture and cleanliness.
- Container shape and flexibility.
- The required product lifespan.
- Application by hand or machine.
Recommendations are based on the information supplied by the customer. Where suitability is critical, the customer should request samples and perform appropriate testing before placing a full production order.
We cannot reasonably guarantee suitability where incomplete or inaccurate application information has been supplied.
Vinyl is supplied on a roll for customer-arranged installation. Unless expressly agreed otherwise in writing, No Smudge Namibia does not provide vehicle wrapping or installation services.
ONLINE ACCESS •
WEBSITE USE.
The No Smudge Namibia website provides general information, enquiry facilities and communication about our products and services.
You may not use the website to:
- Engage in unlawful or fraudulent conduct.
- Attempt to gain unauthorised system access.
- Introduce malicious software or harmful code.
- Interfere with website security or availability.
- Copy protected website content without permission.
- Submit false, misleading, abusive or harmful information.
Website information, photographs, examples and descriptions may be updated without notice. General website content does not replace an accepted quotation, approved proof, specification or written order confirmation.
EXTERNAL LINKS
Our website may link to independent third-party websites. We do not control and are not responsible for their content, security, availability or privacy practices.
RESPONSIBILITY •
LIABILITY AND DELAYS.
Nothing in these terms excludes liability where exclusion is prohibited by law.
Subject to applicable law, No Smudge Namibia will not ordinarily be responsible for indirect or consequential loss arising from:
- Errors clearly appearing in customer-approved artwork.
- Incorrect or incomplete customer instructions.
- Customer-supplied intellectual property.
- Misuse or incorrect application of products.
- Customer-arranged vinyl application or installation.
- Courier or supplier delays outside our control.
- Events outside our reasonable control.
- Business, revenue or profit losses that were not reasonably foreseeable.
Subject to any legal remedy that cannot be excluded, our liability relating to a specific order will ordinarily be limited to the value of the affected products or services.
Customers remain responsible for keeping backup copies of important artwork and files supplied to us.
EVENTS BEYOND OUR CONTROL
We will not be considered in breach where performance is prevented or materially delayed by an event outside our reasonable control, including:
- Power outages or utility interruptions.
- Equipment failure despite reasonable maintenance.
- Supplier or material shortages.
- Courier, transport or logistics disruption.
- Fire, flood or severe weather.
- Industrial action or civil disturbance.
- Government restrictions.
- Public-health emergencies.
- Internet, hosting or communication failures.
We will take reasonable steps to minimise the effect of such an event and communicate material delays where possible.
YOUR INFORMATION •
PRIVACY AND PERSONAL INFORMATION.
No Smudge Namibia may process customer information for purposes including:
- Preparing quotations.
- Managing artwork, projects and orders.
- Communicating production updates.
- Processing payments and invoices.
- Arranging collection or delivery.
- Maintaining business and legal records.
- Protecting our website and preventing misuse.
Personal information will be handled according to the No Smudge Namibia Privacy Policy and applicable Namibian law.
GENERAL TERMS •
GOVERNING LAW.
These Terms and Conditions are governed by the laws of the Republic of Namibia.
The parties should first attempt to resolve a dispute through direct, good-faith communication. This does not prevent either party from using a lawful court, regulator or dispute-resolution process available in Namibia.
SEVERABILITY
If any provision is found to be unlawful or unenforceable, that provision will be limited or treated as severed to the extent required without invalidating the remaining provisions.
NO WAIVER
A failure or delay in enforcing a provision does not permanently waive the right to enforce it later.
ENTIRE AGREEMENT
These terms, together with the accepted quotation, approved proof, invoice and written order confirmation, form the agreement relating to the relevant order.
Where a written quotation or separately signed agreement expressly conflicts with these general terms, the specifically agreed written provision will apply to that extent.
CHANGES TO THESE TERMS
We may update these Terms and Conditions to reflect changes in our services, business practices or legal obligations. The latest version will appear on this page with its updated date.
PROJECT SUPPORT •
CONTACT NO SMUDGE NAMIBIA.
Contact us if you have a question about these terms, a quotation or an existing order.
Armstrong Street
Windhoek, Namibia
