1. Parties:

1.1. The Service Provider: Culture Collective Services, providing graphic design services.
1.2. Consumer: An individual or entity receiving services from the Service Provider.
1.3. Third Party: An individual or entity that does not form part of the Service Provider or Consumer.

2. Services and Payment:

2.1. The quotation will be valid for 14 days, subject to changes based on the discretion of the Service Provider or requests by the Consumer.
2.2. A 50% deposit is required by the Service Provider, which should be paid upon acceptance of the quotation. No services will be rendered until proof of payment of the deposit is received and payment has cleared in the Service Provider’s bank account.
2.3. An additional discretionary deposit may be required by the Service Provider prior to the website going live. The website will go live when proof of said deposit is received by the Service Provider.
2.4. No service delivery will commence, nor costs incurred, prior to the acceptance of the quotation in writing.
2.5. All additions or changes must be requested by the Consumer within 14 days after the provision of the draft plans by the Service Provider. Should the Consumer fail to request any changes, the Service Provider will proceed with finalising the design as initially agreed upon. Additional costs will apply to any requests for changes after 10 days of the provision of the draft plans.
2.6. Any additional or altered services requested by the Consumer based on an accepted quotation will not create a new agreement but will form part of the initial estimate, subject to these terms and conditions. Additional services or changes and additional costs must be accepted in writing by the Consumer prior to the commencement of service delivery by the Service Provider.
2.7. The Consumer will be granted two sets of changes requested. There are unlimited changes per set as long as the changes requested are within the original mandate.
2.8. Urgent changes or additions requested by the Consumer after 17:30 on a trading day will be charged at additional after-hour costs of R750 per hour, subject to additional charges based on the requested changes or additions.
2.9. Any changes requested after delivery/sign-off will be charged at an additional fee of R850 per hour, subject to additional charges based on the requested changes or additions.
2.10. Payment must be made in full within 30 days of the Service Provider providing the invoice. 30-day accounts must be paid in full within 30 days of the Service Provider providing the account statement for further service delivery to take place.
2.11. Should a Consumer request the Service Provider to make the website live while editing is still taking place, payment of the full outstanding amount due to the Service Provider should be effected by the Consumer within 30 days of the final draft provided to the Consumer.
2.12. The Service Provider reserves the right to withhold the provision of the agreed-upon content until payment of the total amount has been effected by the Consumer, in terms of this agreement.
2.13. Payments due and in default will be subject to repo interest rate.
2.14. The time and date of provision of the content are estimates and subject to change based on design, labor, and changes. The Service Provider cannot warrant exact dates and times for the completion of service delivery.
2.15. The Consumer is responsible for providing all content unless arranged otherwise. The Service Provider will not be responsible for outsourcing said service on behalf of the Consumer.
2.16. The Consumer undertakes to ensure that any content provided to the Service Provider is correct and accurate, including but not limited to spelling, information, and links provided.
2.17. The Service Provider will not be liable for any damages, including but not limited to lost profits, arising from the website design services.

3. Maintenance:

3.1. Website design does not include the maintenance of the website after delivery/sign-off. Any domain fees, hosting, and plugin fees will be charged under the Consumer’s account. These prices are subject to change according to third-party increases or exchange rates.
3.2. A monthly website maintenance retainer can be arranged, in which case, the retainer amount will be invoiced on the 1st of every month. Payment should be effected on a monthly basis by the Consumer before the last day of every respective month.

3.3. The service is subject to a minimum of 6 months of services by the Service Provider, on a retainer basis.

4. Termination:

4.1. Should the Consumer terminate the services of the Service Provider prior to completion, the Consumer will be liable for any labor, services, and/or costs incurred up until the moment of termination.
4.2. Should the Consumer be in default or fail to comply with the terms of this agreement, the Service Provider will provide the Consumer with a notice to rectify the breach within 7 days of providing the notice.
4.3. Should the Consumer fail to rectify the breach, the Service Provider reserves the right to provide the Consumer with a notice of termination of the agreement, upon which the Consumer will be liable for any labor, services, and/or costs incurred upon provision of said termination.

5. Complaints:

5.1. The Consumer shall have the opportunity to examine the content and raise objections in writing within 5 days of the Service Provider providing the finalized content.
5.2. The Service Provider will evaluate the content and the complaint and provide the Consumer with feedback within 7 days of receipt of the complaint.
5.3. The parties agree that matters may be referred to the relevant Ombud or a relevant court with jurisdiction, where the attorney-client scale will be applicable to any legal costs incurred by the Service Provider.

6. Domicilium:

6.1. The parties hereto choose domicilium citandi et executandi for all purposes of this agreement to be the addresses contained in this agreement.

7. Copyright:

7.1. The content remains the intellectual property of the Service Provider. The Consumer undertakes to use the content for personal or business use and not to share it for unauthorized use by any other person or entity.
7.2. The Consumer shall not request the Service Provider to commit an infringement on a third party’s copyright or intellectual property.

8. Quality Information:

8.1. The Service Provider shall not be liable for any damage, loss, or liability of any nature incurred by the Consumer resulting from, including but not limited to the Consumer:
8.1.1. Failing to provide access to information/content.
8.1.2. Failing to provide information/content.
8.1.3. Delaying the receipt of information or not providing information timeously.
8.1.4. Providing inaccurate and unreliable information.
8.2. Should the Consumer miss a communicated deadline, fail to provide accurate and reliable information, or fail to provide requested information timeously, the Service Provider cannot be held responsible for any consequences, liabilities, or damages.

9. Protection of Personal Information:

9.1. The Consumer consents to the business processing personal information provided for the purpose of the requested service delivery. The Service Provider undertakes to ensure the information is kept confidential, protected, and processed in terms of the Protection of Personal Information Act. If the Consumer wishes not to provide the requested information, is unable to do so, or objects to it being used, it may result in the business not being able to process the information sufficiently to provide the requested service. The Consumer has the right to access their information with a written request to the business’s information officer and to amend/delete/add to the personal information or request that the information no longer be processed. The Consumer has the right to contact the business’s information officer or the Information Regulator at complaints.IR@justice.gov.za should they feel unhappy with the manner in which information is processed.
9.2. Should any individual other than the Consumer with whom the agreement was entered request delivery of the goods, the Consumer must inform the Service Provider of such authorization. Upon failure to do so, the goods will be retained by the Service Provider.
9.3. The Service Provider reserves the right to share any designs as part of our marketing or professional portfolio unless requested otherwise.

10. Signature:

10.1. By making use of our website design services, the Consumer acknowledges that they have read through this agreement, understood the terms and conditions, and are signing voluntarily, thus being bound to these terms.