Terms and Conditions 2018-04-16T14:07:19+00:00

Terms & Conditions of Service

  1. GENERAL

1.1  These terms and conditions (‘Agreement’) shall govern the provision and use of services made available by Elzette Fourie Creative Solutions, owned and operated by Elzette Fourie, and the individual or entity who requests and accepts the services of Elzette Fourie Creative Solutions (‘Client’).

1.2  By accepting the services of Elzette Fourie Creative Solutions you confirm that you have read this agreement, and accept the provisions contained in full. Accordingly, in the event that you disagree with these terms and conditions or any part thereof, you should not accept any service from Elzette Fourie Creative Solutions.

1.3  By accepting the terms and conditions contained herein you agree to be fully responsible for any loss, claim, expense or liability that may arise from any services provided by Elzette Fourie Creative Solutions, including but not limited to legal fees incurred by Elzette Fourie Creative Solutions as a result of or pursuant to services provided to you, the Client, which may or may not arise from infringement of the terms of this agreement.

1.4  Services and work by Elzette Fourie Creative Solutions to the Client will only commence following acceptance of this Agreement by the Client, by signature hereof, and further subject to the provisions of Clauses 3 and 4 below.

  1. QUOTATIONS AND ACCEPTANCE OF SERVICE

2.1  All Quotations are issued free of charge and without obligation following receipt of a written brief from the Client outlining their service requirements (‘Service Brief’).

2.2  Quotations are valid for a period of ten (10) business days from date of issue, unless otherwise stated or an alternative arrangement is expressly agreed to by Elzette Fourie Creative Solutions.

2.3  Quotations do not constitute the final invoice, and additional charges and disbursements may be levied to the Client following the issue of a Quotation.

  1. COMMENCEMENT OF WORK AND SERVICE BRIEF

3.1  Commencement of work is subject to the Client accepting Elzette Fourie Creative Solutions’s Quotation in writing, together with the Client furnishing Elzette Fourie Creative Solutions with a detailed Service Brief in acceptance thereof, as outlined in Clause 2 above.

3.2  Commencement of work is further subject to payment of a deposit amount of 50% of the total Quotation amount, as outlined in Clause 4.1 below.

3.3  Once Elzette Fourie Creative Solutions has commenced work on a project pursuant to the Service Brief, whether website, social media or otherwise, a certain allowance is made for amendments to the Service Brief, within reason and limited to any functionality, design or other requirement not part of the original Service Brief or initially agreed. Such allowance is however within reason, and at the sole discretion of Elzette Fourie Creative Solutions.

3.4  In the event that the Client wishes to make significant changes to the Service Brief, and where deemed necessary by Elzette Fourie Creative Solutions in its sole discretion, work will be discontinued until a re-costing has taken place and an updated Quotation issued to and approved by the Client. Such amended Quotation and Service Brief would be further subject to the provisions of Clause 2 above, prior to the commencement of any further work or the provision of any further services by Elzette Fourie Creative Solutions.

3.5  No changes to the Service Brief will be undertaken by Elzette Fourie Creative Solutions where such changes to the Service Brief would increase the cost of the work and service provided, without prior written consent and authorisation from the Client. 

  1. SERVICE FEES, INVOICES AND PAYMENTS 

4.1  A deposit amount of 50% of the total Quotation amount is required to be paid by the Client to Elzette Fourie Creative Solutions prior to the commencement of any services or work, unless otherwise arranged and expressly agreed to by Elzette Fourie Creative Solutions.

4.2  The balance of the Invoice is due and payable upon presentation thereof, which presentation shall be effected following completion of the work.

4.3  In the event that any Invoice is not settled in full within 30 days of the date of issue thereof, interest will accrue on the total amount outstanding at a rate of 2% monthly.

4.4  Any Invoice enquiries, disputes and / or errors must be referred to Elzette Fourie Creative Solutions within 30 days of receipt thereof, failing which the Client is deemed to accept the Invoice as correct and accurate.

4.5  Following completion of the Service Brief a formal handover of all work and / or projects completed by Elzette Fourie Creative Solutions for the Client, which may or may not include administrator access to a website or social media pages, will only be attended to once payment of the Invoice has been attended to by the Client.

4.6  The project and / or website / social media pages remains the property of Elzette Fourie Creative Solutions until full settlement of the Invoice is attended to by the Client, and final payment is received. 

4.7  Invoices are payable upon receipt or within 7 days of the date of invoice.

4.8  Elzette Fourie Creative Solutions is responsible for the payment of all taxes with respect to the services she performs for the Client as an independent contractor.

4.9  The Client will not treat Elzette Fourie Creative Solutions as an employee for any purpose.

  1. PROVISION OF CONTENT & ACCESS 

5.1  It is expressly recorded that it is the Client’s responsibility to provide any and all graphic design and / or branding material (‘Material’), including but not limited to logos, which pertain to the Service Brief and which may be required for the provision of work and services by Elzette Fourie Creative Solutions in accordance with the Service Brief, unless otherwise arranged.

5.2  In the event that the Service Brief requires Elzette Fourie Creative Solutions to create large portfolios / documents on and / or offline, the Client is required to provide all written content and copy (wording) for the portfolios / documents, together with all images, videos and / or other content as the Client may require.

5.3  The Client acknowledges that provision of all Material, including but not limited to graphic design and / or branding material, images, logos and videos to Elzette Fourie Creative Solutions is at the Client’s own risk. While Elzette Fourie Creative Solutions makes every effort to secure and back up all provided and existing data and Material provided by the Client to Elzette Fourie Creative Solutions, the Client warrants that this is to a certain degree beyond the control of Elzette Fourie Creative Solutions,  and cannot be guaranteed by Elzette Fourie Creative Solutions.

5.4  In instances where the Client has registered and hosted their own domain, and where the Service Brief requires Elzette Fourie Creative Solutions to amend / update a website for the Client, the Client will provide Control Panel and File Transfer Protocol [FTP] details to Elzette Fourie Creative Solutions in order to amend / update the website.

5.5  It is expressly recorded that it is the Client’s responsibility to ensure that the correct hosting is in place, in accordance with Clause 9 below. 

  1. COPYRIGHT AND PERMISSIONS 

6.1  The Client specifically and expressly confirms that it has the copyright or written permission to use all Material supplied to Elzette Fourie Creative Solutions, including but not limited to images, written content and copy, graphic design, branding and / or logos.

6.2  Elzette Fourie Creative Solutions will under no circumstances be held liable for or party to any disputes that may arise in respect of copyright and / or the necessary permission to use any Material supplied to Elzette Fourie Creative Solutions by the Client.

6.3  In the event that it becomes apparent to Elzette Fourie Creative Solutions that the necessary permission to use any Material supplied by the Client was not obtained, and / or where it is clear that Material was provided to Elzette Fourie Creative Solutions by the Client without the required copyright, and at Elzette Fourie Creative Solutions’s sole discretion, any service amendments and project changes to remove such Material and correct the infringement will be for the Client’s sole expense, and at the Client’s cost. 

  1. PROJECT COMPLETION, DELIVERY OF WORK AND OWNERSHIP 

7.1  Elzette Fourie Creative Solutions will, upon completion of services and / or projects in accordance with the Service Brief, attend to a formal delivery and handover of the work and / or project to the Client, which may or may not include administrator access to a website / social media pages, and provided that settlement of all outstanding fees and payment of the final Invoice has been attended to, in accordance with Clause 4.5 above.

7.2  In the event that the handover includes administrator access to a website / social media pages, Elzette Fourie Creative Solutions will no longer be liable for any breakages or issues on the site / pages caused by anyone using the back-end and making changes, by human error, following handover thereof.

7.3  In the event that any further work and / or services are required in respect of a Client website / social media pages following handover, such work will be quoted for separately, and only attended to by Elzette Fourie Creative Solutions in the event that the Quotation is accepted by the Client, unless otherwise arranged.

7.4  Once delivery of the work has been made by Elzette Fourie Creative Solutions to the Client, all responsibility and liability of any and all content or software updates, bug fixes, code changes, hosting, backups or any other changes to the website whatsoever is transferred to the Client.

7.5  Upon acceptance of the work, the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Elzette Fourie Creative Solutions is not responsible for errors occurring in this work or projects related to this work after acceptance/approval of the work by the Client.

  1. WEBSITE / SOCIAL MEDIA MAINTENANCE – WORDPRESS, THEMES AND PLUGINS 

8.1  Whether the Service Brief includes or refers to the Clients website or not, Elzette Fourie Creative Solutions is not responsible for any Client website / social media page maintenance or ongoing attendances on the Client’s website / social media pages following completion of the Service Brief, unless otherwise arranged and expressly agreed to by Elzette Fourie Creative Solutions. WordPress, Themes and Plugins are the sole responsibility of the Client.

8.2  In the event that any issues, technical difficulties or otherwise arise from the Client not updating WordPress, Themes or Plugins, or in the event that any issues, technical difficulties or otherwise arise from future updates to WordPress, Themes or Plugins, such issues and/or technical difficulties are the sole responsibility of the Client, to be remedied at the Client’s expense.

8.3  In the event that the Client requires Elzette Fourie Creative Solutions to remedy any issues, technical difficulty and / or otherwise pursuant to the provisions of Clauses 8.1 and 8.2 above, a Quotation, Service Brief and deposit must be undertaken in respect of the work to be attended to by Elzette Fourie Creative Solutions, in accordance with Clauses 2 and 3 above.

8.4  Elzette Fourie Creative Solutions will not be liable for any issues, technical difficulties and / or otherwise relating to any incompatibility of future WordPress, Theme or Plugin updates or code changes.

8.5  Any and all use of WordPress, Themes and Plugins are subject to the terms and conditions of WordPress, Themes and the Plugins used, and are beyond the control of Elzette Fourie Creative Solutions’s. 

  1. HOSTING AND WEBSITE BACKUPS 

9.1  In the event that the Service Brief included the building / update of a website by Elzette Fourie Creative Solutions for the Client, it is expressly provided that Elzette Fourie Creative Solutions is not responsible for the hosting, domain registration or associated costs of the website.

9.2  In the event that any technical issues and / or technical difficulties arise during the course of provision of services or work by Elzette Fourie Creative Solutions from faulty servers, hosting platforms or other technical faults pertaining to the hosting and / or website maintenance, Elzette Fourie Creative Solutions will not be liable for any loss of income or property.

9.3  In the event of any loss of income by the Client, or any loss of intellectual property by Elzette Fourie Creative Solutions, where such loss occurs as a result of any technical issue and / or technical difficulty, Elzette Fourie Creative Solutions will not be held liable for such loss.  Every effort is made by Elzette Fourie Creative Solutions to secure and back up all provided and existing data and Material however the client warrants that this is to a certain degree beyond the control of Elzette Fourie Creative Solutions, and cannot be guaranteed by Elzette Fourie Creative Solutions.

9.4  Website backups during the course of the provision of work and /or services by Elzette Fourie Creative Solutions are the responsibility of the Client, unless otherwise agreed. Some hosting companies offer daily backups.

  1. PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

Elzette Fourie Creative Solutions agrees to take all reasonable steps to ensure compliance with the safety of Client’s personal information, including collecting, storing, processing and sharing Client information, in compliance with the Protection of Personal Information Act [POPI]. Elzette Fourie Creative Solutions cannot however be held liable for any loss which the Client may experience, which loss may be as a result of breach, stolen equipment and / or other theft of data. 

  1. POPI, GDPR OR ANTI-SPAM COMPLIANCE 

11.1  Elzette Fourie Creative Solutions undertakes to take measures, and advise on best practice, to ensure a Client’s website and its processes are compliant with POPI, the General Data Protection Regulation [GDPR] and both national and international anti-spam laws and regulations.  The Client however remains responsible for ensuring such compliance, as the website owner, and Elzette Fourie Creative Solutions cannot be held liable in this regard.

11.2  Any additional plugins, website changes or work required to ensure the Client’s website is compliant with these regulations after the website has been completed, are the sole responsibility of the Client, and for the cost of the Client.

11.3  In the event that the Client requires the services of Elzette Fourie Creative Solutions in accordance with and pursuant to Clause 11.2 above, the provision of such services will be subject to the Clauses 2 and 3 above.

11.4 In the event that the Client requires the services of Elzette Fourie Creative Solutions for mailers / newsletters, it is the Client’s responsibility to ensure compliancy with both national and international anti-spam laws and regulations. Elzette Fourie Creative Solutions cannot be held liable in this regard.

  1. EVENTS BEYOND THE CONTROL OF ELZETTE FOURIE CREATIVE SOLUTIONS

Elzette Fourie Creative Solutions will not be liable for breach of contract where that breach was due to events such as but not limited to, late or non-supply of Client deliverables, equipment failure, supplier-side or hosting delays, WordPress, Theme or Plugin development changes, other software, hardware or electrical failure, a Force Majeure event, or other event beyond the control of Elzette Fourie Creative Solutions.

  1. TERMINATION AND CANCELLATION OF SERVICES

Should the Client no longer require the Services of Elzette Fourie Creative Solutions, and for any reason whatsoever cancel the Service Brief with Elzette Fourie Creative Solutions, all work in progress whether website or otherwise will be ceased immediately, calculated and Invoiced.  Such Invoiced amount will be proportional to the degree of completion and at the sole discretion of Elzette Fourie Creative Solutions.  The Client will have no rights in any work and / or projects so cancelled.

  1. VARIATION

Elzette Fourie Creative Solutions may from time to time, and in its sole discretion, change or modify these terms and conditions, with or without notice to the Client. Such amendments will be made effective for all Clients upon posting of the amended Agreement to this website address, namely www.elzettefourie.com. It is the Clients responsibility to familiarise themselves with the terms and conditions contained herein and read this document from time to time.

  1. MISCELLANEOUS

15.1  Implementation and Good Faith

15.1.1  Both the Client and Elzette Fourie Creative Solutions undertake to do all such things, perform all such acts and take all steps to procure the doing of all such things and the performance of all such acts, as may be necessary or incidental to give or be conducive to the giving of effect to the terms, conditions and import of this Agreement.

15.1.2  At all times during the continuance of this Agreement, the Client and Elzette Fourie Creative Solutions shall observe the principles of good faith towards one another in the performance of their obligations in terms of this Agreement.  This implies, without limiting the generality of the foregoing, that they –

15.1.2.1  will at all times during the term of this Agreement act reasonably, honestly and in good faith;

15.1.2.2  will perform their obligations arising from this Agreement diligently and with reasonable care; and

15.1.2.3  make full disclosure to each other of any matter that may affect the execution of this Agreement.

15.1.3 Elzette Fourie Creative Solutions acknowledges receipt or access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Elzette Fourie Creative Solutions agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Elzette Fourie Creative Solutions before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Elzette Fourie Creative Solutions can display materials and final work created for Client on Elzette Fourie Creative Solutions’s website.

15.2  Whole Agreement

These terms and conditions constitute the whole Agreement between the Client and Elzette Fourie Creative Solutions and no agreement, representations or warranties between the Client and Elzette Fourie Creative Solutions, other than those set out herein, are binding on the Client and Elzette Fourie Creative Solutions.

15.3  Conflict of Provisions

In the event of a conflict arising between these Terms and Conditions, and any other terms and conditions whether of the Client or otherwise, the former shall prevail unless expressly otherwise agreed by Elzette Fourie Creative Solutions in writing.

15.4  Breach

In the event of the Client or Elzette Fourie Creative Solutions breaching any of the terms and conditions contained herein, and remaining in breach after receipt of 14 (fourteen) days’ written notice requesting remedy of the breach, then in such an event the other party shall have the right, without prejudice to any of its other rights, to cancel this agreement.

15.5  Costs

All costs, including attorney and own Client costs arising out of any breach of any provisions of this Agreement shall be borne by the grower.

15.6  Severability

15.6.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.6.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15.7  Applicable law

This Agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.