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Legal Stuff : Copyright & Ownership

Per international and South African copyright law, Gondwana owns all copyrights on all artwork done for its clients : photographs, graphic elements making up the corporate identity (logo, map...) and final products (business card, letterhead, brochure, web site, multimedia presentation...).

Gondwana grants a non-exclusive license to the client and/or its marketing agency, to use any photograph taken at the client premises and surrounding area, free of charge, worldwide, for an unlimited period of time. Gondwana also grants a non-exclusive license to the client to use the final products if produced, hosted or reproduced by Gondwana. Gondwana automatically grants a non-exclusive license to use the graphic elements for free when used in the artwork of the final products designed by Gondwana. The photographs and the graphic elements are not for commercial use by third parties and can not to be sold by the client to third party; they can only be used for promotional purposes of the client's business. Each application outside of this agreement will be discussed and appropriate copyright license fee will be calculated as well as the cost of preparing the graphic element for another usage by another party.

The ownership of the source code of the website content management system (CMS) belongs to Gondwana and the client has a license to use it as long as the website is hosted on Gondwana servers at Hetzner Africa. One of the benefits of such practice is that many parts and modules of the source code are under constant development and improvement on an ongoing basis by Gondwana. For such reason the website can not and will not be hosted elsewhere.

In case the client wants to stop its relation with Gondwana (for other reasons than stated in the paragraph below), the photographs (high resolution JPG files), the content of the website (dump file exported from the web database) and all original media given by the client will be copied to CD or upload to a cloud location (i.e. Dropbox) and the cost limited to the production of the back-up material. The client will also be able to purchase final artworks (PDF files only) such as stationeries and brochures for re-printing without modification at a fixed fee of 20 % of the last print costs.

In case of the website, the price of the source code of the CMS system is calculated at R10000 (VAT excl.) per full year of development starting in 2002 (i.e. in 2015, the price is R130000). This is because a huge amount of work is continuously going into the development of the core engine.  At the end of each year, a client will earn 5 % discount on this amount to a maximum of 60 %, so the real price to be paid will be calculated accordingly (i.e. a client for 10 years will only pay R65000 in 2015), in the rare case a client would decide to purchase the source code at the end of the service.

In the event Gondwana ceases to exist, liquidated or if the quality or/and the reliability of the service offered by Gondwana is proven to cause serious prejudice to the client, all artworks done by Gondwana may be requested by the client. The photographs and the original media (as described above), as well as all the graphic elements and final products (various genuine Mac formats + all sources only in case of stop of trading) will be copied to CD or uploaded to a cloud location and the cost limited to the production of the back-up material. All copyrights will be transferred to the client for the unlimited use of all the graphic elements and all the final artworks designed to date by Gondwana.

GONDWANA STUDIO - PHOTOGRAPHY & DESIGN
Cape Town - South Africa | Windhoek - Namibia
cell +27 73 582 1274 +264 81 646 6390 - fax +27 86 554 7564