Terms & Conditions.

Introduction

These Terms and Conditions govern the use of the No Smudge website and the supply of products and services by No Smudge.

In these terms, “No Smudge”, “we”, “us” and “our” refer to the business operating the No Smudge website. “Customer”, “you” and “your” refer to the person, business or organisation using the website, requesting a quotation or placing an order.

By using the website, approving a quotation, approving artwork, making payment or instructing us to begin work, you acknowledge that you have read and accepted these Terms and Conditions.

Products and Services

No Smudge provides printing, branding and related production services, which may include:

The exact products, materials, quantities, dimensions, finishes and services included in an order will be determined by the accepted quotation or written order confirmation.

Quotations

Unless otherwise stated in writing, quotations issued by No Smudge:

• 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 or specifications change
• Exclude delivery or courier charges unless those charges are specifically included
• Include or exclude VAT as stated on the quotation

A quotation is an estimate based on the information available at the time it is prepared. No Smudge may issue a revised quotation if the scope, artwork, quantity, material or production requirements change.

A quotation does not reserve production capacity or materials unless No Smudge confirms this in writing.

Orders and Confirmation

An order is considered confirmed only when all required conditions have been completed.

No Smudge may decline an order where it is impractical, unlawful, technically unsuitable, offensive, infringes intellectual property rights or cannot reasonably be completed.

Changes requested after an order has been confirmed may affect the price and production deadline.

Pricing and Payment

All prices are quoted in South African rand 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 for selected orders, with the balance payable before collection or delivery.
• Approved account customers must pay according to the payment terms shown on the invoice.
• Production will not begin until any required upfront payment has cleared.
• Products may not be released until all amounts due for the order have been paid.

Bank transfer payments

Customers paying by electronic bank transfer must 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. Production may begin only once the payment is reflected and verified.

Late payments

Where legally permitted, overdue amounts may be subject to reasonable interest, collection costs and recovery expenses.

No Smudge may suspend work, withhold delivery or decline additional orders while an account remains overdue.

Artwork and Proof Approval

Customers must carefully inspect all artwork, proofs and specifications before approving production.

Approval confirms that the customer has checked:

• Spelling, grammar and punctuation
• Names, addresses and contact details
• Product descriptions and legal wording
• Dimensions, shape and orientation
• Quantities and material selection
• Logo placement and design layout
• Barcode and QR code information
• Cut lines, margins and finishing requirements

No Smudge will not ordinarily be responsible for an error that appeared clearly in the 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 where files require conversion, rebuilding, correction or design work before they can be printed.

Colour and Production Variations

Printed colours may differ from colours displayed on computer screens, mobile devices and electronic proofs.

This occurs because screens display colour using light, while printing uses inks, toners, materials and physical production processes.

Minor variations may also occur between separate print runs due to:

• Screen calibration and brightness
• Material colour and surface texture
• Ink and toner characteristics
• Lamination and finishing
• Machine and production tolerances
• Lighting conditions

Minor variations within reasonable commercial printing tolerances will not ordinarily constitute a defect.

Customers requiring close colour matching should request a physical proof or provide an agreed physical colour reference before production.

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 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 or courier delays
• Events beyond No Smudge’s reasonable control

No Smudge will make reasonable efforts to complete orders within the indicated timeframe and will communicate significant delays where reasonably possible.

Delivery and Collection

Delivery

Courier and delivery times are estimates and may be affected by circumstances outside No Smudge’s direct control.

Customers are responsible for supplying a complete and accurate delivery address and ensuring that an authorised person is available to receive the order.

Additional delivery charges may apply where an address is incorrect, access is unavailable or a further delivery attempt is required.

Inspection on delivery

Customers should inspect their order as soon as reasonably possible after delivery.

Visible courier damage, shortages or incorrectly supplied items should preferably be reported within 48 hours so that the matter can be investigated promptly.

This reporting request does not remove any non-excludable statutory right that may apply.

Collection

Customers collecting an order must wait until No Smudge has confirmed that the order is ready.

Collections from our premises are by prior arrangement or appointment.

Custom Products and Cancellations

Most products supplied by No Smudge are created specifically for the customer and cannot readily be resold to another customer.

Custom products cannot ordinarily be cancelled after production has begun or returned merely because the customer has changed their mind.

Cancellation before production

A customer should contact No Smudge immediately when requesting a cancellation.

Where cancellation occurs before production begins, No Smudge may deduct or charge for design work, administration, materials ordered or other costs already reasonably incurred, subject to applicable law.

Defective or incorrect products

The restriction on change-of-mind returns does not remove rights relating to defective, unsafe, incorrectly supplied or materially non-conforming products.

Please review the separate Refund and Returns Policy for more information.

Intellectual Property

Customer-supplied content

By supplying artwork, logos, photographs, trademarks, wording or other content, the customer confirms that they own the content or have the necessary permission to use and reproduce it.

The customer remains responsible for claims arising from unauthorised customer-supplied content.

No Smudge may decline to reproduce material that appears unlawful, infringing, defamatory, discriminatory or otherwise inappropriate.

No Smudge-created artwork

Artwork, layouts, concepts and designs created by No Smudge remain the intellectual property of No Smudge until all agreed design and production fees have been paid.

Payment for printed products does not automatically include editable source files unless the quotation or written agreement specifically includes those files.

Portfolio use

Unless confidentiality has been agreed in writing, No Smudge may photograph or display completed work for reasonable portfolio, website, social-media and marketing purposes.

Customers requiring confidentiality should notify No Smudge in writing before production begins.

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 or temperature changes
• Direct sunlight or ultraviolet exposure
• Surface texture and cleanliness
• Container shape and flexibility
• Required lifespan
• Application by hand or machine

Recommendations made by No Smudge are based on the information supplied by the customer.

Where suitability is critical, the customer should request samples or complete appropriate testing before placing a full production order.

No Smudge cannot reasonably guarantee suitability where the customer has supplied incomplete or inaccurate application information.

Website Use

The No Smudge website is provided for general information, enquiries 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 or abusive information

Website information, examples, photographs and descriptions may be updated without notice.

Website content is intended to provide general guidance and does not replace a written quotation, specification or order confirmation.

External links

The website may contain links to independent third-party websites. No Smudge does not control and is not responsible for the content, security or availability of those websites.

Liability

Nothing in these terms excludes liability where exclusion is prohibited by law.

Subject to applicable law, No Smudge will not be responsible for indirect or consequential loss arising from:

• Customer-approved artwork errors
• Incorrect customer instructions
• Customer-supplied intellectual property
• Misuse or incorrect application of products
• Courier or supplier delays outside our control
• Events beyond our reasonable control
• Loss of business, revenue or profit that was not reasonably foreseeable

Subject to any non-excludable legal remedy, No Smudge’s liability relating to a specific order will ordinarily be limited to the value of the affected products or services.

Customers remain responsible for backing up important artwork and files before supplying them to No Smudge.

Events Beyond Our Control

No Smudge will not be considered in breach of an obligation where performance is prevented or materially delayed by an event outside its reasonable control.

Such events may include:

• Power outages or utility interruptions
• Equipment breakdowns 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

No Smudge will make reasonable efforts to minimise the effect of such an event and communicate material delays.

Privacy and Personal Information

No Smudge may process customer information for purposes including:

• Preparing quotations
• Managing artwork and orders
• Communicating production updates
• Processing payments and invoices
• Arranging collection or delivery
• Maintaining business and legal records
• Protecting the website and preventing misuse

Personal information will be handled according to the No Smudge Privacy Policy and applicable South African privacy law.

Governing Law and General Terms

These Terms and Conditions are governed by the laws of the Republic of South Africa.

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, tribunal, regulator or dispute resolution process.

Severability

If any provision of these terms is found to be unlawful or unenforceable, that provision will be treated as severed or limited to the extent required, without invalidating the remaining provisions.

No waiver

A failure or delay by No Smudge 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 any 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

No Smudge may update these Terms and Conditions to reflect changes in its services, business practices or legal obligations.

The latest version will be published on this page and identified by the “Last updated” date.