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Project Visual SA

General Terms

Definitions and Interpretation In these terms and conditions, the following definitions apply unless otherwise stated:

  • “Business Day” means a day (other than a Saturday, Sunday, or public holiday).
  • “Contract” means the agreement between Project Visual SA and the Client for the provision of Services governed by these Terms and the Order.
  • “Client” means the individual or business entity purchasing Services from Project Visual SA, as specified in the Order.
  • “Force Majeure Event” means an event beyond the reasonable control of either party, including but not limited to natural disasters, strikes, or government actions.
  • “Company” means Project Visual SA.
  • “Intellectual Property Rights” refers to patents, copyrights, trademarks, and other intellectual property owned or licensed by the Company.
  • “Order” means the request for Services made by the Client and accepted by Project Visual SA.
  • “Services” means the services provided by Project Visual SA to the Client as specified in the Order.
  • “Specification” refers to the description or details of the Services outlined in the Order.
  • “Terms” means these terms and conditions as outlined by Project Visual SA.
  • “VAT” means value-added tax chargeable under applicable laws.

Terms and Conditions

  1. Applicability and Variation: These Terms apply to all agreements between Project Visual SA and the Client, to the exclusion of any other terms. Any variations must be agreed upon in writing by both parties.

  2. The Contract:

    • The Order constitutes an offer by the Client to purchase Services, which is accepted by Project Visual SA upon written acceptance or commencement of Services.
    • The Contract constitutes the entire agreement between the parties and supersedes any prior agreements or representations.
  3. Company Obligations and Warranties:

    • Project Visual SA warrants to provide Services with reasonable care and skill, conforming to the Specification.
    • The Company may use subcontractors or Group Companies for Service provision, remaining liable for performance.
  4. Client’s Obligations and Indemnities:

    • The Client shall provide necessary assistance and information to Project Visual SA promptly.
    • Failure to provide required assistance may result in invoicing for Services.
    • The Client indemnifies Project Visual SA against liabilities arising from Services or Client actions.
  5. Prices:

    • All prices are stated in ZAR (RANDS) unless otherwise specified.
    • Prices may be adjusted for duty changes post-Order.
  6. Payment:

    • Invoices are payable within 7 Business Days of issuance.
    • Late payment may result in cancellation or additional charges.
  7. Delays and Complaints:

    • Client complaints regarding Services must be raised promptly.
    • Third-party services are subject to their terms and conditions.
  8. Liability:

    • Except as stated, Project Visual SA is not liable for indirect or consequential losses.
    • Total liability is limited to the sum invoiced for Services.
  9. Other Limitations of Liability:

    • Project Visual SA is not liable for third-party disruptions or changes beyond its control.
    • The Company advises on best practices but is not responsible for outcomes due to Client actions or inaction.
  10. Intellectual Property Rights:

    • Client grants Project Visual SA a license to use provided materials for Service provision.
    • Client indemnifies the Company against IP infringement.
  11. Confidentiality and Personal Data:

    • Both parties agree to maintain confidentiality of information exchanged.
    • Each party agrees to comply with data protection laws.
  12. Term, Termination, and Assignment:

    • The Contract term is 3 months for social media management packages.
    • Either party may terminate for material breach or insolvency.
    • Upon termination, materials must be returned, and obligations cease.
  13. Force Majeure:

    • Neither party is liable for Force Majeure Events.
    • Contract termination is permitted after 6 months of impediment due to Force Majeure.
  14. Miscellaneous:

    • Project Visual SA reserves the right to modify or discontinue Services.
    • Both parties agree not to employ each other’s staff during and after the Contract.
    • Failure to enforce rights does not constitute waiver.
  15. Entire Agreement:

    • The Contract supersedes all prior agreements and constitutes the entire understanding between the parties.
  16. Law and Jurisdiction:

    • Disputes shall be resolved through negotiation.
    • The Contract is governed by and construed in accordance with the law.

This Terms and Conditions document is provided by Project Visual SA and constitutes the agreement between Project Visual SA and its Clients for the provision of Services.

SERVICE TERMS AND CONDITIONS

  1. Introduction This Services Agreement (the “Agreement”) governs your subscription to Website Design, Development, and other Internet-related services provided by Project Visual SA (referred to as “Project Visual SA” or “we”). By purchasing or using our services, you agree to comply with and be bound by these terms and conditions.

  2. Acceptance By accepting a quote or purchasing our services, you acknowledge that you have read, understood, and agreed to these terms and conditions. Your acceptance implies full agreement to all provisions outlined herein.

  3. Charges Charges for services provided by Project Visual SA are defined in the project quotation provided to the Client. Quotations are valid for 21 days from the date of issuance. Project Visual SA reserves the right to modify or decline quotations after this period.

Unless otherwise agreed, a minimum of fifty (50) percent of the project quotation total is due as an advance payment before commencement of services. The remaining fifty (50) percent is due upon completion of the work, prior to website deployment. Final payment must be made within 7 days of project completion and approval by both parties.

  1. Client Review Project Visual SA will provide the Client with opportunities to review the website design and content during the development process. Upon completion, the materials will be considered accepted and approved unless the Client notifies Project Visual SA within three (3) days of availability. One revision is included after project completion; additional revisions may incur extra charges.

  2. Turnaround Time and Content Control Project Visual SA will endeavor to meet agreed-upon project deadlines, typically within 7 – 14 working days, unless otherwise specified. The Client agrees to provide necessary website content in a timely manner. Failure to do so may result in project delays and possible surcharges. If required information is not provided within one week of project commencement, Project Visual SA reserves the right to close the project and demand immediate payment of the remaining balance.

  3. Payment Invoices will be provided upon project completion and prior to website publication. Invoices are due upon receipt. Failure to pay may result in account suspension or termination of services.

  4. Additional Expenses The Client agrees to reimburse Project Visual SA for any additional expenses necessary for project completion, such as special fonts, stock photography, or plugins.

  5. Website Hosting and Domain Renewal Certain Web Design Packages include 1 year of domain registration and hosting. Renewal fees apply annually, subject to hosting inflation. Clients will be notified one month prior to domain renewal, with 14 days to make payment. Failure to do so may result in website suspension until payment is received.

  6. Web Browsers While efforts are made to ensure compatibility with popular web browsers, Project Visual SA cannot guarantee correct functionality across all browser software and operating systems. Additional work to accommodate new browser versions may incur extra charges.

  7. Default Accounts unpaid for (30) days after the due date will be considered in default. Project Visual SA may remove all material from its servers for accounts in default. The Client remains responsible for outstanding charges and may incur additional fees for account reactivation.

  8. Termination Client-initiated termination must be requested in writing and will take effect upon receipt. The Client agrees to pay for work completed up to the termination date. Project Visual SA reserves the right to terminate services and remove websites from servers if final payment is not received within one month of the due date.

  9. Indemnity Clients agree to use Project Visual SA services for lawful purposes only. Clients indemnify and hold Project Visual SA harmless from any claims resulting from misuse of our services.

  10. Copyright The Client retains copyright to provided data, files, and logos, granting Project Visual SA rights to publish and use such material for the project. The Client must obtain proper permissions for third-party copyrighted material and indemnifies Project Visual SA from any claims arising from copyright infringement.

  11. General These Terms and Conditions constitute the entire agreement between the Client and Project Visual SA. Client acceptance of our terms and conditions is indicated by signature or payment. Online payment constitutes acceptance of these terms.

  12. Governing Law This Agreement is governed by South African Law.

  13. Liability Project Visual SA, its employees, and agents are not liable for any loss or damage resulting from inaccuracies, omissions, or delays in service provision. Liability is limited to charges paid for the Services under this Agreement.

  14. Severability Should any provision of this Agreement be held invalid or unenforceable, the remaining provisions shall remain in effect. Invalid provisions shall be replaced by valid ones reflecting the parties’ original intent.

  15. Late Payment Fees Clients must make final payments promptly upon project completion. Late payments will incur a fee of R100 per day until payment is received. Project Visual SA may suspend services until payment is made.

  16. Refund Policy Clients dissatisfied with our services may request a refund within 30 days of the first installment. Refunds are subject to deductions for service tax and completed work. No refund is provided if design mockups are approved, project delays are due to client communication issues, or cancellation occurs more than 24 hours after payment.

Social Media Management Agreement

  1. APPOINTMENT OF AGENCY Project Visual SA hereby appoints the Agency to manage all advertising, communication, and related social media activities for its brand.

  2. SERVICES PROVIDED BY AGENCY The Agency shall offer the following services to Project Visual SA:

  • Management of social media platforms
  • Content creation
  • Engagement and ongoing platform management
  • Monitoring and responding to social media conversations
  • Detailed management of social media communication as presented in the pitch.
  1. COMMENCEMENT AND DURATION The social media contract shall be effective for three months. Either party may terminate the contract with a written notice of at least 30 days. Upon termination, both parties agree to return any materials received from the other party promptly.

  2. CONFIDENTIALITY The Agency shall maintain absolute confidentiality regarding any information received from Project Visual SA and shall not disclose such information without prior consent.

  3. AGENCY FEES AND REMUNERATION Project Visual SA agrees to pay a monthly retainer fee to the Agency. Additional charges for services such as video creation, application development, media buy, etc., will be incurred only with explicit approval from Project Visual SA.

  4. PAYMENT TERMS Project Visual SA agrees to pay retainer fees at the beginning of each month. All other invoices are payable within 7 days from the date of issuance.

  5. INDEMNITY Both parties agree to indemnify each other against any losses or damages resulting from default or breach of terms under this Agreement.

  6. FORCE MAJEURE Neither party shall be liable for any default, delay, or lapse due to events beyond their control.

  7. MODIFICATION OF TERMS Changes to the terms and conditions shall be valid only if recorded in writing and signed by authorized officials of both Project Visual SA and the Agency.

  8. TERMINATION After the initial three months, either party may terminate the agreement with a 30-day written notice. During the notice period, all duties and obligations shall continue.

Project Visual SA grants the Agency complete rights to manage its social media platforms, including uploading content, posting updates, moderating comments, organizing contests, analyzing analytics, launching Facebook ads, and other related tasks. Project Visual SA shall provide necessary information to the Agency regularly via email. Additionally, Project Visual SA agrees to grant access to its Facebook page to the Agency upon request.

Please send all required information and updates to info@projectvisual.co.za