General terms & conditions:

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate from Creative Partner, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Charges
Charges for services provided by Creative Partner are defined in the estimate/quotation that the Client receives. Estimates/quotations are valid for a period of thirty (30) days. Creative Partner reserves the right to alter or cancel the estimate/quotation after expiry of the thirty (30) days.

All design (graphic and/or web design) and copywriting services require an advance, non-refundable payment (deposit) of a minimum of 50 percent (50%) of the project quotation total before the work is started on a project. The remaining 50 percent (50%) of the project quotation total is due upon completion of the work.

Should a design project (graphic and/or web design) be delayed or stand still due to The Client without any progress for 30 (thirty) working days from date of last proof supplied by Creative Partner, a milestone payment of 25% will be required.

For our monthly social media marketing services, payment is required in advance, by the 25th of each month, for the month ahead.

Annual hosting payments are due in full, for the year.

Please see more detailed terms and conditions pertaining to the specific services we offer further down on this page.

Additional Expenses
The Client agrees to reimburse Creative Partner for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, WordPress plug-ins etc. These will be discussed with The Client if applicable.

Liability
Creative Partner hereby excludes itself, it’s Employees and/or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork / photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

Refunds and Cancellations
Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Creative Partner and if applicable, a fee for all work completed beyond what was already paid for, shall be paid by The Client.

Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Creative Partner, Creative Partner will, at its discretion, remove all such material from its web space. Creative Partner is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Creative Partner reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Creative Partner in enforcing these Terms and Conditions.

Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity
Creative Partner’s services may be used for lawful purposes only. You agree to indemnify and hold Creative Partner harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright
The Client retains the copyright to data, files and graphic design provided by the Client, and grants Creative Partner the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Creative Partner permission and rights for use of the same and agrees to indemnify and hold harmless Creative Partner from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.

Confidentiality
Creative Partner shall maintain absolute confidentiality with respect to any confidential information received from The Client. Creative Partner shall not disclose any such information without obtaining The Client’s specific prior consent.

Website design terms & conditions:

Commencement
A new website design project will only commence once The Client has paid the 50% non-refundable deposit, as outlined in our ‘General terms & conditions’. Should the project be delayed or stand still due to The Client without any progress for 30 (thirty) working days from date of last proof supplied by Creative Partner, a milestone payment of 25% will be required.

If The Client is responsible for supplying Creative Partner with any content needed for the project (such as imagery, copy etc), work on the project will only commence once all these materials have been received.

Domain Names
Creative Partner may purchase a domain name(s) on behalf of the Client. Annual payment of these domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Creative Partner. An invoice will be sent at least 2 weeks (14 days) before the domain is about to expitre, but The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Website Hosting
Payments for past months of website hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If the Client did not make use of the account, payment for services is still due. Hosting accounts are not cancelled until notice is received from the client in writing, or until fifteen (15) days after due date of payment not received. If The Client paid for hosting account for twelve (12) months ahead and cancels service before plan expiration date, the amount is non-refundable. Creative Partner reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.

Web Browsers
Creative Partner makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). The Client agrees that Creative Partner cannot guarantee correct functionality with all browser software across different operating systems. Creative Partner cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website hasb been designed and handed over to the Client. As such, Creative Partenr reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Client Review
Creative Partner will provide the Client with an opportunity to review work during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Creative Partner otherwise within ten (10) days of the date the materials are made available to the Client.

Design Credit
A link to Creative Partner will appear in either small type or by a small graphic at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Creative Partner’s portfolio and on Creative Partner’s social media platforms.

Payment
Final payment is required upon completion, but before publishing the live website. Invoices are normally sent via email, or WhatsApp. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) per month of the total amount due.

Website Updates & Site Maintenance
Creative Partner will ensure that back-ups are made on a monthly basis. Monthly maintenance packages will be discussed with The Client.
If The Client wishes to introduce new material in the form of extra pages, additional functions, or more information than is already available on their website, this must be paid for as a new project. A new estimate/quotation will be sent accordingly.

Copyright
Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Creative Partner. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By reading these terms, you agree to indemnify Creative Partner from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork we produce for the purposes of promoting our services, unless you request otherwise in writing.

Graphic design terms & conditions:

Commencement
A new graphic design project will only commence once The Client has paid the 50% non-refundalbe deposit, as outlined in our ‘General terms & conditions’. Should the project be delayed or stand still due to The Client without any progress for 30 (thirty) working days from date of last proof supplied by Creative Partner, a milestone payment of 25% will be required.

If The Client is responsible for supplying Creative Partner with any materials needed for the project (such as imagery, copy etc), work on the project will only commence once all these materials have been received.

Charges and payment
Creative Partner will provide The Client with a detailed estimate of the total cost of the project, as well as a timeline for completion. A 50% non-refundable deposit of the total amount of a project is required before the commencement of the project. Should the project be delayed or stand still due to The Client without any progress for 30 (thirty) working days from date of last proof supplied by Creative Partner, a milestone payment of 25% will be required.

Project work
All projects are planned to an agreed schedule. Non-adherence to this schedule by The Client may result in compromising final delivery deadlines. If this is likely to occur, Creative Partner will advise The Client as soon as this becomes evident and suggest an alternative solution where feasible. This may incur additional costs.

Any indication given by The Client of a design project’s duration is to be considered by The Client to be an estimation. Creative Partner cannot be held responsible for any project over-runs, whatever the cause. Creative Partner shall always take commercially reasonable steps to meet The Client’s request. Where this is not possible, an alternative, (possible less-favourable) solution may be provided.

Once final proofs/materials have been signed off by the Client, Creative Partenr cannot be held responsible financially or otherwise for any errors relating to print, programming or any end product.

Whilst every effort will be made to achieve agreed delivery dates, Creative Partner cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of our control.

As part of larger projects which involve 3rd parties commissioned directly by The Client, Creative Partner will not be held responsible in any way for services not carried out/managed directly or indirectly by said 3rd party.

Client Review
Creative Partner will provide The Client with an opportunity to review work during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Creative Partner otherwise within ten (10) days of the date the materials are made available to the Client.

Copyright and ownership
We reserve the right to use any materials created as part of a project for our own marketing purposes. If you supply us with material to use as part of the project (such as stock imagery), it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain Creative Partner’s property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, recordings etc.) and may be submitted to other clients for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.

Social media marketing terms & conditions:

Charges and payment
Creative Partner will provide The Client with a detailed breakdown of the monthly cost and services included in the selected social media marketing package. Payment is due in advance. Ie: Social media marketing services for the month ahead, must be paid by no later than the 25th of the current month. If additional work is required (not listed in the detailed breakdown the Client receives), these will be quoted on seperately as new projects. An estimate will be sent to The Client for any additional work.

Contract
Once the first month’s payment is received, and before the agreement commences, The Client and Creative Partner (The Parties) will be required to sign a social media contract outlining the terms of The Agreement. By signing the Contract, The Client also agrees to be bound by Creative Partner’s General and Social media marketing Terms & Conditions.

The Client’s obligations
Before providing The Client with social media marketing services, Creative Partner would require the following from The Client:
– access to social meda platforms (including log-in details)
– information about the client and its day-to-day business activities
– any materials for use in social media content, such as logos, brand guides etc.

Any further obligations required for Creative Partner to effectively undertake the project, will be communicated to The Client when and where necessary.

Confidentiality
Creative Partner shall maintain absolute confidentiality with respect to any confidential information received from The Client. Creative Partner shall not disclose any such information without obtaining The Client’s specific prior consent.

Content & Copyright
Content created by Creative Partner for The Client, becomes the property of The Client. If Creative Partner wishes to use the content on other platforms (except Creative Partners’s own platforms), permission must be obtained from The Client. Creative Partner does not require The Client’s permission to use the work as part of their (Creative Partner’s) own marketing strategies.

No content (graphic design, copywriting or other content) shall be posted on The Client’s social media platforms without approval from The Client.

Termination & disputes
The Client shall notify Creative Partner in writing one (1) month in advance if they wish to discontinue The Agreement. At the time of termination, all outstanding monies to be paid in full by The Client. Creative Partner may also notify The Client in writing (1) month in advance if they wish to discontinue the agreement. A basic termination document must be signed by both parties if they mutually agree to exit the Agreement.