Heading - Terms & Conditions

Terms & Conditions

 

Our terms and conditions become legally binding on any project where an invoice has been received and the related deposit is paid by the client, or where permission to proceed in any form whether verbal, written or electronic, is given by the client to Confidence Marketing (PTY) Ltd.

Payment

  1. 50% of the invoiced amount is required upfront as a minimum deposit before any work commences, with the balance to be paid on sign-off unless prior written arrangements have been agreed upon with Confidence Marketing.
  2. All work done is cash on delivery unless otherwise stated.
  3. Interest of 2% per month will automatically be charged on all work not paid for within 7 days of the signoff date, in line with the Usury Act No 73 of 1968.
  4. All work remains the property of Confidence Marketing until paid for in full by the client.
  5. Payments may be made in the form of cash, debit order, bank guaranteed cheque or via electronic fund transfer.
  6. Confidence Marketing is not responsible for any damages resulting from the removal of work or websites not paid for.
  7. A 14 day money back guarantee, less possible content costs, is available on graphic & website design projects only.
  8. The 14 day period starts on the day that the deposit has been paid and is not available for projects which have been signed off within 14 days.
  9. If a client chooses to cancel a project after the 14 days then the deposit will be not refundable and shall be forfeited. In all project cancellations the designs and their source files will remain the property of Confidence Marketing.

Content

  1. All content is to be supplied by the client, unless Confidence marketing is involved with the copywriting process and/or licensing of stock photos on the client's behalf for the project.
  2. All content must be supplied within 14 days of the deposit being paid. Any extensions will need to be done so in writing.
  3. It is the responsibility of the client to gain whatever permissions or rights may be necessary for all work done by Confidence Marketing prior to use that may require so. This includes any footage, pictures, songs and other content, provided by Confidence Marketing or by the client.
  4. Confidence Marketing has the authority and right to request proof of same at any time during a project and shall have the right to pend any services until production of such documentary proof thereof.
  5. This is also the case if Confidence Marketing is featured for gain in the final product.
  6. Any content provided by the client or Confidence Marketing that is later discovered needs the proper rights to use will be the responsibility of the client and if changes have to be made will be charged accordingly.
  7. Confidence Marketing will not be held responsible for any licensing disputes regarding the photography and stock images used on our websites. If you would like to use them, then you need to get the necessary permissions.
  8. Any copy, distribution or use of any of the cancelled project assets will constitute a copyright violation and Confidence Marketing reserves its right to take any further legal action against the client for any damages suffered in any form whatsoever.
  9. Any content changes to new websites, must be done within 7 days of the site being signed off and going live.
  10. It is the client's responsibility to supply all content for any web maintenance.

Proofing and Sign-off

  1. Sign-off occurs when a client accepts via email, fax or any other written and electronic format that can be stored or archived, that a design or service is 100% complete according to their initial requirement and satisfaction.
  2. Once a client gives a sign-off the project is deemed as finalised. Any change requests on a signed off project will be quoted for at an hourly rate.
  3. All content is assumed to be approved by the client at signoff, including all colours, content, errors and omissions.
  4. Confidence Marketing will not be responsible for any mistakes made in proofing, the client is 100% responsible.
  5. If mistakes have been proofed, printed and/or published, then Confidence Marketing may consider re-doing the job at a reduced price.
  6. Confidence Marketing will charge you for design time, regardless of whether or not you go through with printing or publishing the final product.
  7. Once the project has been completed, signed off and fully paid for then all generated source files and exported files will be the property of the client.
  8. Giving a sign-off on the project also requires the Client to immediately settle any and/or all outstanding fees, unless an alternate agreement or written arrangement is in effect with Confidence Marketing.
  9. All projects include unlimited change requests which cease at sign-off.

Domains and Hosting

  1. Confidence Marketing is not responsible for backing-up of the website, hosting solutions or email, unless as part of a maintenance package.
  2. Maintenance packages are available at a fee which is charged monthly.
  3. Confidence Marketing does not do hosting and renewals of domains, nor does it have any control over the status of your website or email.
  4. In the case where the client has no hosting service, Confidence Marketing will recommend one, however the client understands that the agreement is between them and the service provider.
  5. Any problems with technical aspects of websites are to be taken up with your service provider.
  6. Confidence Marketing will not be held responsible for any sites or email that is or are temporarily unavailable.
  7. Confidence Marketing has no control over the hosting service of your website and cannot be held responsible for up time or issues with hosting.
  8. Confidence Marketing is not responsible for transferring domains or setting up your email, however we may choose to do so at an additional cost.
  9. Confidence Marketing will not be held responsible for any damages resulting from websites being down, unavailable, infected by viruses, deleted or any other reason.
  10. Confidence Marketing cannot determine the size of space your website will require or the traffic that you may use.
  11. Confidence Marketing is not responsible for your ADSL or dial-up connection, or any other connectivity.

Corporate Clothing and Gifts

  1. Written orders (faxed, emailed or by text) constitutue a binding contract and are legally enforceable.
  2. Cancellations prior to collection and/or branding will be subject to R 75.00 admin fee for orders under R 3000.00.
  3. Cancellations prior to collection and/or branding will be subject to 20% admin fee for orders over R 3000.00.
  4. In the case of cancelled orders where layouts have been done a layout fee will be levied relative to the fee charged by suppliers.
  5. Confidence Marketing will not be held liable for any costs incured due to the cancellation of any order that has been processed for whatever reason. The client accepts full responsibility for all costs levied by suppliers to Confidence Marketing related to the cancellation of their order. 

Quotations

  1. All quotations and invoices for deposits are valid for a maximum period of 14 working days, after which they may be cancelled and a new quotation and invoice may apply.
  2. The price in the final quote may vary from the original request if there are any price, or product/service changes requested by the client. Confidence Marketing reserves the right to alter prices in the quote, as long as the quote has not been confirmed with the client.
  3. If a product or services has undergone a price drop or a price increase, the quote will then be adjusted accordingly.
  4. If there is a product that is no longer available, the product will then be replaced or substituted based on client's request and is subject to their final approval.
  5. Any discounts given on the quote are worked out based on the overall quote amount, if there are any significant changes to the overall quote amount the discount may also be changed to reflect it.

General

  1. Confidence Marketing is open on weekdays, from 9:00am to 5:00pm, unless otherwise agreed.
  2. The information on our website is our understanding of terms and is therefore not to be taken as fact.
  3. Confidence Marketing will not be held responsible for any damages that may result in late delivery of any product or service.
  4. In order for Confidence Marketing to upload your website, you will be required to provide us with your FTP details.
  5. Websites are built to be compatible in the latest browser versions only.
  6. Confidence Marketing is a Marketing company and does not offer any technical support, however assistance may be provided at a fee.
  7. Due to the nature of SEO and search engines we do not guarantee any results or figures whatsoever for search engine marketing services.
  8. Confidence Marketing does not offer statistics or regular reports on ratings unless agreed to in writing and at a fee or as part of a maintenance agreement.
  9. Retainers are non-refundable.
  10. Quotes on websites do not include website registration with search engines or site optimisation as well as search engine tags, these can be done at an additional fee.
  11. Your directory listing may be posted on our social media and website.
  12. Confidence Marketing will not be held responsible for any disputes arising from business conducted with companies and people listed on our website. You do business with listed companies at your own risk.
  13. Should your listing be incomplete, we may use information from your website to complete the listing to our standards.
  14. If you list with our services, you agree to accept our news, updates and other emails or communications.
  15. Confidence Marketing is not responsible for any malfunctioning equipment, or any damages that may result in our equipment not working on any day.
  16. Confidence Marketing is not responsible for any media not playing across different platforms and computers.
  17. Should you not enlist our services we may request a consultation fee which is charged at an hourly rate.
  18. Telephonic and email conversation within office hours are the most efficient way to communicate unless otherwise necessary.
  19. If a client cannot email content then arrangements can be made by Confidence Marketing where potential costs thereof will be at the client's expense.
  20. All text and imagery content that is not in an easily usable electronic format, or alternatively of poor quality, will incur content preparation costs billed at an hourly rate.
  21. If Confidence Marketing cannot make contact with a client, and in same the client has not made contact with Confidence Marketing within 30 days of the last change request, then the project will be classified as dormant. The client will be levied with a fee which equals not more than 20% of the cost of the total project invoice should the Client wish to reactivate the project and continue thereafter.
  22. If a project is dormant for a period of more than a 3 months, then the project will be terminated and all design source files will be removed from our database and all costs paid by the client to Confidence Marketing will be forfeited.
  23. These terms and conditions may change without any prior notice whatsoever.

Please contact us should you have any questions regarding these terms and conditions.