Sagittarius Printworks Graphic Design Centre SERVICE AGREEMENT:

Notice to client: this service agreement is a legal agreement between you and Sagittarius Printworks. Please read this agreement carefully. By availing any Sagittarius Printworks you agree to be legally bound by this agreement. This means that, by ordering, purchasing or using all or any of our design & development services you and any legal entity you represent accepts all terms and conditions of this agreement unconditionally. You agree that this agreement is like any written negotiated agreement signed by you. You also agree that this agreement is enforceable against you and/or any legal entity that ordered our services and on whose behalf you ordered our services. This agreement also contains liability disclaimers and important refusal, cancellation & refund terms regarding our services.

DEFINITIONS: (a) "Sagittarius Printworks", "Sagprintworks", "we", "us" and "our" refers to Sagittarius Printworks, and its suppliers and licensers, if any.

(b) "Client", "You" and "Your" refers to the individual client (direct or outsourced client or customer) and any legal entity that ordered Sagittarius Printworks designs and/or on whose behalf it is/was ordered. This Service Agreement legally binds the individual and all legal entities involved.

(c) "project", "work", "work order", "service", and "services" refers to the Sagittarius Printworks design and/or development service(s) ordered by the Client, irrespective of its present status (yet to start, in process, partially or fully completed), the resulting product, all its copies (modified or unmodified) and all its derivatives.

SERVICES TERMS AND CONDITIONS: At Sagittarius Printworks we aspire to provide the best possible design and development services to our clients worldwide. To do so, we have to set forth some guidelines for everyone to follow. These terms and conditions override any phone conversation, email, chat session, or contact of any kind with any Sagittarius Printworks personnel. This Legal Agreement ("Service Agreement") also sets forth the terms and conditions of Your use of Sagittarius Printworks Design and Development services.

SERVICE PURPOSE: All services provided by Sagittarius Printworks may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, South

African or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. Client agrees to indemnify and hold harmless Sagittarius Printworks from any claims resulting from the use of the provided service which damages a user or any other third party. Sagittarius Printworks disclaims any responsibility for the content of any client or third party materials provided to create/develop the service or through the service and client agrees to be solely responsible for all materials related to the service provided.

AUTHORISATION: The Client is engaging Sagittarius Printworks for the specific service requested on a non-exclusive basis. This service on completion might entail uploading the resultant product to the Client's web space on an Internet Service Provider's computer. The Client hereby authorizes Sagittarius Printworks to access this account, and authorizes the Internet Service Provider to provide Sagittarius Printworks with "write permission" for the client's hosting account directory, and any other directories or programs which need to be accessed or made available for the successful completion of the project.

PAYMENT OF FEES AND PROJECT SCOPE: If you have been sent a project quotation it will contain the Fees Payment Schedule and the Project Scope. In all other cases the email communications between Client and Sagittarius Printworks shall serve as the basis for the agreement on this point. Thus unless Sagittarius Printworks instructs you otherwise by email, the general understanding for Payment of Fees to Sagittarius Printworks for the service ordered are due and payable on the following schedule: 50% as down payment, 50% when the project is complete, in accordance with the project scope, and ready to be uploaded or delivered within seven (7) days. All fees charged will be in South African Rand (ZAR). If payment is being made by credit card or debit order or PayPal, please note that Sagittarius Printworks set or inter bank conversion rates might result in up to 5% variance in cost to Client for the payment.

Payments must be made promptly on request. If a payment due remains delinquent 30 days after the Client is notified, an interest rate of 22% per annum will be calculated monthly and compounded to the outstanding amount due.

THIRD-PARTY COPYRIGHTS AND TRADEMARKS: The Client represents to Sagittarius Printworks an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Sagittarius Printworks for inclusion in the project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Sagittarius Printworks from any claim or suit arising from the use of such elements furnished by the Client.

LIMITATIONS: Client agrees to provide all related data (information requested by Sagittarius Printworks, preferences and mandatory requirements, content copy and high quality images) for use during design/development and/or inclusion in ordered service before commencement of the project schedule. You represent and warrant that You will not violate any law, third party rights, or publish any false, inaccurate, misleading, defamatory or libelous content or statements. Failure to comply or if non-compliance is detected will result in the automatic non-refundable cancellation of Your work order. All materials provided should be digital copies and not original material. Sagittarius Printworks may require You to re-submit images should the images be determined to not be of high enough quality. Sagittarius Printworks will not begin work until all requested materials and assurances of rights have been received from the Client. Sagittarius Printworks reserves the right to reschedule a project at any time and at its sole discretion. All schedules are tentative and You agree to not hold Sagittarius Printworks liable under any circumstances for any delays or rescheduling whatsoever on its part. Client agrees to make all payments requested by Sagittarius Printworks before, during and after commencement of the project as and when invoiced or notified. Failure to send requested data and/or payment(s) within thirty (30) days from request will result in the cancellation of Your work order. You also agree to respond to any requests for feedback within seven (7) days. Failure to respond within thirty (30) days will result in the cancellation of Your work order. No credits or refunds will be given for such cancellations and Client agrees to these conditions.

Sagittarius Printworks will strive toward Your satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the service provided. Your use or publication of any work delivered or completed is acknowledgement of Your satisfaction with the service and releases Sagittarius Printworks from any obligation for further revisions or alterations. No credits or refunds shall be given of the advance paid on the project or parts/phases of the project for any reason including dissatisfaction with the service(s) provided, unless as set forth in this service agreement.

CANCELLATION AND REFUND POLICY: Sagittarius Printworks reserves the right to cancel a project at any time. Client may cancel a project any time before commencement of work for a 100% refund - less any applicable bank charges and minus the cost of any time spent by Sagittarius Printworks on client communication, analysis, research or support. Client agrees that Sagittarius Printworks shall be the sole arbiter of what is and is not the paid up portions of the service(s) ordered.

In case of: (A) Frequent revisions to project scope by Client; OR, (B) Client non-compliance to schedule in terms of providing timely Client feedback resulting in re-scheduling of the project more than once; OR, (C) Failure on the part of Client to send requested data, feedback, reply to communications and/or payment(s) within thirty (30) days from request/our last email; will be grounds for immediate cancellation of Your project/work order without credit or refund of any monies paid.

In event of any cancellations, only a first-time client is eligible for a refund. For example, if this is Your second or more project with us OR if You have worked on a project with us before that had been cancelled, You will not be eligible for a refund.

Once a cancellation notice has been sent to the client, any time extensions granted to the client by Sagittarius Printworks are merely a sign of good faith and should not be construed as anything more. OWNERSHIP: The service provided, the resulting product, all its copies (modified or unmodified) and its derivatives of it belong to Sagittarius Printworks. The service provided, the resulting product, all its copies (modified or unmodified) and its derivatives are copyrighted and are protected by South African copyright laws and international treaty provisions with all rights reserved.

ASSIGNMENT OF RIGHTS: In case of Logo Design Projects, on receiving 100% payment for the project, Sagittarius Printworks shall assign full rights of the final logo to Client, including copyright, patent, trademark, trade dress, or other types of intellectual property rights. Client shall not receive or claim any rights for any and all other logos designed during the course of the project. In case of requests for owning multiple logos by the Client , including but not limited to changes requested on purchased source files by the client, each additional logo shall entail a R500.00 fee for receiving its source files and assignment of rights to it to the Client.

RIGHTS, TERMINATION AND BREACH OF CONTRACT:

Sagittarius Printworks explicitly reserves the right and sole discretion to:

(i) Modify its pricing without notice to Client; (ii) Establish limits and guidelines concerning the use of its services; (iii) Display screen shots of the resulting product online, in marketing materials or in any other manner it deems fit; (iv) Assign other Web designers or subcontractors to this project to insure the right fit for the job as well as on-time completion.

Sagittarius Printworks has no obligation to monitor Your use of the service(s) it provides, but reserves the right in its sole discretion to do so.

Sagittarius Printworks shall have the right, upon written notice to Client, to terminate this Agreement, Your project and/or the right to use the service provided, sue and/or make client liable for breach, in case, but not limited to:

1.Any use of our services in: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, OR, activities prohibited by law, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are torturous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Sagittarius Printworks, OR, activities designed to impersonate the identity of a third party, OR, activities designed to harm minors in any way, OR, any other activities whether lawful or unlawful that Sagittarius Printworks determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;

2.The service provided results in, or is the subject of, legal action or threatened or proposed legal action, against Sagittarius Printworks, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; of frequent revisions to project scope by Client;

3.Failure on the part of Client to send requested data, feedback, reply to communications and/or payment(s) within thirty (30) days from request/our last email.

4.Failure to communicate with the staff and or appointed third-party service providers of Sagittarius Printworks in a respectable manner

5.The use of Defamatory or Hateful speech towards the staff or appointed third-parties of Sagittarius Printworks

Breach of contract also grants Sagittarius Printworks explicitly the right to automatically cancel or suspend Your project/work order without credit or refund of any monies paid. Any refunds made in good faith should not be construed as anything more.

REFUSAL OF SERVICE: Sagittarius Printworks shall be the sole arbiter of what is and is not a violation of their acceptable use policies. Sagittarius Printworks reserves the right to terminate any client account at any time and for any reason. Sagittarius Printworks reserves the right to delete all content and files upon termination. Sagittarius Printworks reserves the right to withhold any pre-paid funds of any client's project for violations of our terms, misuse or fraud. Sagittarius Printworks reserves the right to refuse, cancel, or suspend service at our sole discretion.

LIABILITY: IN THE EVENT OF A DISPUTE, CLIENT AGREES THAT TOTAL LIABILITY OF Sagittarius Printworks WILL NOT EXCEED THE PROJECT COST PAID BY CLIENT LESS THE COST OF ALL PARTS, MODULES, PHASES, SUB-PROJECTS AND ASSIGNMENTS ALREADY DELIVERED OR SET LIVE ONLINE.

Client agrees to keep the source files of the resultant product delivered as a result of availing Sagittarius Printworks services, very safe to deter any possibility of misuse. Client agrees to be solely liable for all users who have access to the project (example: an employee, Your client or anyone else) and accepts responsibility for their compliance to all terms and conditions of this agreement.

CLIENT ALSO AGREES TO NOT HOLD Sagittarius Printworks LIABLE TO REFUND OF ANY MONIES PAID IN CASE OF PROJECT CANCELLATION BY Sagittarius Printworks DUE TO ANY OF THE FOLLOWING REASONS:

A) UNLAWFUL OR FRADULENT USE OF ANY Sagittarius Printworks SERVICE BY CLIENT (EVEN IF Sagittarius Printworks WAS CONVINCED IT WAS OR BELIEVED IT TO BE LEGAL). (OR)

B. FREQUENT CHANGE IN PROJECT SCOPE BY CLIENT. (OR)

C. FAILURE ON THE PART OF CLIENT TO COMPLY WITH Sagittarius Printworks SCHEDULE. (OR)

D. FAILURE ON THE PART OF CLIENT TO RESPOND TO Sagittarius Printworks COMMUNICATIONS, INVOICES OR REQUESTS FOR DATA/INFO. (OR)

E. ANY CLIENT BEHAVIOUR OR ACTIVITY WHICH RESULTS OR CAN RESULT IN: (i) LOSS OF BUSINESS TO Sagittarius Printworks, OR (ii) LOSS OF GOOD REPUTATION OF Sagittarius Printworks, OR (iii) LOSS OF COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF Sagittarius Printworks, OR (iv) ADVERSELY AFFECTING ANOTHER CLIENT, PROJECT OR PROJECT'S SCHEDULE.

ACCEPTANCE: Payment of any fees or advance towards Sagittarius Printworks services, including but not limited to Online Payment or Payment by Bank Transfer, is an acceptance of the terms and conditions of this Service Agreement. The Client is responsible and agrees to be held responsible for being aware of the Terms of Service governing use of Sagittarius Printworks design services. The Client not having read or not being aware of this agreement or the terms set forth in it does not constitute as grounds for non-acceptance of this Service Agreement. Any Client of Sagittarius Printworks, past and present, is bound by this Service Agreement.

TENURE AND VALIDITY: Service Agreement Tenure: Client agrees to be bound by the Terms and Conditions set forth in this legal Agreement even after the completion of the project, website, assignment or work and for as long as the service(s) provided by Sagittarius Printworks, in full or in part, unmodified or modified, original or as its derivative(s), is in use.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Sagittarius Printworks may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Sagittarius Printworks as reflected in the original provision.

LIABILITY DISCLAIMER: You expressly understand and agree that your use of Sagittarius Printworks design service(s) is at your sole risk and that the services are provided "as is" and "as available" without warranty of any kind, either expressed or implied, that is not expressly stated in this service agreement. Additionally no advice or information, whether oral or written, obtained by you from Sagittarius Printworks shall create any warranty that is not expressly stated in this service agreement. In no event shall Sagittarius Printworks be held liable to you or any third party for any damages including, but not limited to, indirect, special, incidental or consequential damages or other losses (including damages for loss of business, loss of profits, lost savings, business interruption or the like), arising from the use of your website(s), customer products or external links and affiliate web sites. You, your visitors and any third parties, agree to indemnify and hold harmless, Sagittarius Printworks from any damages claimed as a result of services, products, information and resources obtained from Sagittarius Printworks designs and/or in any event including, but not limited to, spam, account hacking, identity theft, virus attack, fraudulent or criminal activities (including real, perceived, probable or suspected fraud/crime). Sagittarius Printworks designs shall not be held liable based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Sagittarius Printworks designs or its representatives have been advised of the possibility of such damages and even if a remedy set forth by Sagittarius Printworks is found to have failed of its essential purpose.

GENERAL PROVISIONS: This Legal Agreement shall be governed by the internal laws of the Republic of South Africa, without giving effect to principles of conflict of laws. Furthermore, client agrees to resolve any disputes under the Contract in South African juristiction. This Legal Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, proposals or understandings, whether oral or written. All questions concerning this Legal Agreement shall be directed to: [email protected].

Sagittarius Printworks reserves the right to change these Terms and Conditions without prior notice or warning. Non-enforcement of any part of the Terms and Conditions does not constitute consent.