Terms and Conditions
Please read through our list of terms and conditions carefully..
Defined Terms
“Sourcebranding Digital Agency”:
Referred to as the Party who is providing work for the Client.
Referred to as the Party who is providing work for the Client.
“Client”: Refers to the Party receiving work from Sourcebranding Digital Agency, generally yourself or your company.
“Agreement”:
Agreement refers to this Sourcebranding Digital Agency General Agreement between the two Parties comprising the terms and conditions as defined in this agreement, in accordance with the Service Quote provided to the Client by Sourcebranding Digital Agency for the work to be undertaken on the Project.
Agreement refers to this Sourcebranding Digital Agency General Agreement between the two Parties comprising the terms and conditions as defined in this agreement, in accordance with the Service Quote provided to the Client by Sourcebranding Digital Agency for the work to be undertaken on the Project.
“Party(ies)”:
The Party, or the Parties, refers to either Sourcebranding Digital Agency and/or the Client.
The Party, or the Parties, refers to either Sourcebranding Digital Agency and/or the Client.
“Project”:
Refers to the job contracted out by the Client to Sourcebranding Digital Agency (whether paid or pro bono], as outlined in the Quote or Estimate (whether verbal or expressly written) that the Client is purchasing.
Refers to the job contracted out by the Client to Sourcebranding Digital Agency (whether paid or pro bono], as outlined in the Quote or Estimate (whether verbal or expressly written) that the Client is purchasing.
“Fees”:
Fees refer to the fees for services quoted, as well as additional fees, or any other fees (whether fixed or variable) outlined in the Service Quote, and fees to cover unexpected costs. Fixed fees refer to those quoted for a fixed amount of work as outlined in the Service Quote, whereas variable fees refer to fees relating to an unspecified amount of work yet done and are subject to change.
Fees refer to the fees for services quoted, as well as additional fees, or any other fees (whether fixed or variable) outlined in the Service Quote, and fees to cover unexpected costs. Fixed fees refer to those quoted for a fixed amount of work as outlined in the Service Quote, whereas variable fees refer to fees relating to an unspecified amount of work yet done and are subject to change.
“Code”:
Refers to all back-end content, software, and technologies used and or created by SourceBranding for the Project, which Sourcebranding Digital Agency pertains full ownership of.
Refers to all back-end content, software, and technologies used and or created by SourceBranding for the Project, which Sourcebranding Digital Agency pertains full ownership of.
“Intellectual Property (IP) Rights”:
Intellectual Property Rights refers to patents, trademarks, service marks, trade names, design rights, copyrights, database rights and other Intellectual Property rights whether registered or unregistered including applications for the grant of such right.
Intellectual Property Rights refers to patents, trademarks, service marks, trade names, design rights, copyrights, database rights and other Intellectual Property rights whether registered or unregistered including applications for the grant of such right.
“Host Provider”:
Refers to the third party who Sourcebranding Digital Agency uses for website hosting and or email connections, and is not responsible for.
Refers to the third party who Sourcebranding Digital Agency uses for website hosting and or email connections, and is not responsible for.
“Network”:
Refers to the platform that the Host Provider uses in order to connect the Clients website(s], platform(s], emails, or any other online services SourceBranding provides.
Refers to the platform that the Host Provider uses in order to connect the Clients website(s], platform(s], emails, or any other online services SourceBranding provides.
1.
Intellectual Property Rights
a.
Nothing in this agreement entitles either Party to use the other Parties name, logo, trademark, or other Intellectual Property (IP) in any way without written consent from the other Party. SourceBranding however has the right to advertise work it has completed for the Client under its Portfolio, as well as the right to add a small link to Sourcebranding Digital Agency within the Project (website, platform, etc).
2.
Ownership
a.
The client agrees that Sourcebranding Digital Agency retains full ownership over any code and IP used or developed for the purpose of the Clients Project. This includes, but is not limited to, any back-end code (such as PHP, MySQL], front-end code (such as Javascript, XML], as well as all other development technologies, coding, and graphics/photos used or created by SourceBranding, excluding those as referred to in Clause 3 (b) below.
b.
Sourcebranding Digital Agency agrees that the Client owns all graphics and photos pertaining to the Client itself, such as on location photos of their store(s) or related property, their logo, and modifications to their logo or any other content they provide (up to the point where the modifications leave the content applicable to the Client).
c.
In regards to websites created solely for the Client, Sourcebranding Digital Agency agrees that the Client has full ownership rights over the HTML pages as they appear to the public, and the Client has the right to take the HTML pages to any developer or any persons for any modifications or alterations to the front-end content as they see fit, excluding anything listed under Clause 3 (a) above, and within the terms of Clause 4 (a) below.
d.
In regards to development mapping and platform development, Sourcebranding Digital Agency agrees that the Client shall have full ownership of manual processes specific to the Client (such as the way they interact with their clients], though this does not give the Client any ownership or IP rights over any code developed by SourceBranding, or any platforms launched or hosted by Sourcebranding Digital Agency, for which license fees may apply for continued use.
e.
Due to the nature of the code and IP used by Sourcebranding Digital Agency for the purpose of the Clients Project, the Client agrees that all website / cloud platform hosting shall stay with SourceBranding for the Client to retain any interactive fucntionality of the website / cloud platform (other than the HTML pages as noted in Clause 3 (c) above). Unless explicitly stated otherwise, all hosting shall be managed by SourceBranding, and we require full access to a Google Analytics account collecting data for any website / cloud platforms we host.
3.
Confidentiality
a.
The Client agrees they will not pass any of the back-end code, or any other IP including but not limited to graphics, photos, and any other code/technologies used or created by Sourcebranding Digital Agency for purposes of the Project, to any other developers (that are not part of Sourcebranding Digital Agency], without written authorisation from Sourcebranding Digital Agency. The Client also agrees that they will not use the code for any purposes other than the website provided by SourceBranding without written permission from Sourcebranding Digital Agency.
b.
Sourcebranding Digital Agency agrees to keep any sensitive information or content provided by the Client strictly confidential (unless it is obliged under law to reveal such information], with the exclusion of the price and package as detailed in the Quote or Estimate provided to the Client.
4.
Fees, Invoicing & Payments
a.
All fees (whether fixed or variable) relating to the Project to be paid by the Client are set out in the Service Quote for the Client, and are exclusive of both, and fees for additional services outside of the scope of the Project unless otherwise stated. Sourcebranding Digital Agency agrees to abide by all fixed fees agreed upon in the Service Quote while working on the Project, though reserves the right to review and update variable fees from time to time.
b.
A minimum half a deposit is required for Sourcebranding Digital Agency to begin work on the Project, with a 50% balance to be paid in advance for each phase of the Project to be complete. SourceBranding also requires all fees for the Project be paid in full before the Clients website is released live and put online, unless otherwise agreed upon.
c.
If payments are not made to Sourcebranding Digital Agency within 7 days of an invoice, unless otherwise stated or agreed, SourceBranding has the right to stop all work immediately and obtain full ownership of the Project and all related content which Sourcebranding Digital Agency is, and has been, working on for the Project, with all collection costs added to the balance.
d.
Any fees not paid to Sourcebranding Digital Agency by their due date are subject to late penalties, and SourceBranding has the right to take further actions to claim said funds.
e.
All hosting fees are to be paid one (1) month in advance, with the charge for a month of hosting occurring at the beginning of said month. If the Client is more than one (1) month behind hosting payments, SourceBranding has the right to discontinue hosting of the Clients website until all bills (including those to be paid in advance) are paid in full.
f.
Development projects are developed to be compliant with the latest mainstream (standards compliant) web browsers at the time of sign-off, and the Client agrees to pay additional funds to increase development compatibility.
g.
The Client agrees that service charges (such as hosting) may vary without notice (for services not yet consumed). Such changes in charges will be a direct reflection or result of charges passed onto SourceBranding by their various suppliers, and the client will be notified accordingly.
5.
Disputes
a.
If any dispute arises relating to, or in connection with, the Agreement which both Parties are unable to resolve through their respective CEOs (or equivalent positions) within 30 days of the dispute arising, then the dispute shall undergo a 30 day period of mediation. After this further 30 days, if the matter has not yet been resolved it shall be referred to the arbitration of a single arbitrator (unless both parties have reached an agreement). Such arbitration shall be carried out in accordance with the provisions of the Arbitration Act 42 OF 1965.
6.
Limited Liability
a.
The Client agrees that Sourcebranding Digital Agency is not liable to the Client or any other Party for any failure to provide full internet and or email connection or services, whether arising from Host Provider failure, failure with the Network, or failure due to actions of the Client (such as delayed payments, or inappropriate website content).
b.
The Client agrees that Sourcebranding Digital Agency shall not be liable in any way for any damages, loss of business, or any other effects or losses due to clause 7 (a) above, whether directly attributable or incidental to such action.
c.
The Client agrees to indemnify Sourcebranding Digital Agency against any claim or legal action resulting from the content of the Clients website, or any other actions of the Client. SourceBranding agrees to indemnify the Client against any claims or legal action taken against Sourcebranding Digital Agency not relating to the Client.
7.
Term & Termination
a.
By signing this Agreement, the Client signifies their unconditional agreement to all terms and clauses as stated within this Agreement and in accordance with the Service Quote. This Agreement shall be valid as long as the Client is in any form of business with Sourcebranding Digital Agency, which includes on-going hosting, or the Client’s using of content created or used by SourceBranding for the Project.
b.
Either Party can terminate this Agreement on reasonable grounds by providing one (1) month written notice not in violation of the Clause above (ie, if the Client is using content created or used by SourceBranding for the Project). The Client agrees that upon their voluntary termination of this agreement, Sourcebranding Digital Agency has no obligation to provide the Client with any content relating to their Project, nor refund any deposit(s) paid to Sourcebranding Digital Agency for the Project.
c.
Upon termination of this Agreement for any reason, the Client agrees to abide by Clauses 2, 3, and 4, in that they will not provide any of the back-end code or content created or used by Sourcebranding Digital Agency at any date to any outside parties without written consent.
Printing Terms & Conditions
TERMS AND CONDITIONS:
- Preferred method of payment – PayFast through website or Electronic Funds Transfer with your order number as reference.
- You will receive an Order Confirmation Email with your order number. Should you elect the Electronic Funds Transfer Payment option, proof of payment should be e-mailed to [email protected] with your order number as a reference.
ARTWORK & DESIGN:
- Please reply on the Order Confirmation Email with your Artwork as detailed in our Design & Artwork section or upload Artwork via WeTransfer.
- You will be informed within 1 working day if your artwork is suitable and a layout for your approval will be e-mailed.
- A once of setup fee of R250.00 is charged per order to do a layout of your Logo and Art Work supplied on our Templates. We allow a maximum of 3 changes to layout, thereafter a fee of R250.00 excl.VAT is charged per change. Quality of Artwork supplied must however comply to our Artwork specifications (Please refer to Design & Artwork Section on the website). If Artwork does not comply to specifications, a design / redraw fee of R450 excl. VAT per hour will be charged. You will be notified by our sales department if your Artwork does not comply. If the quality of Artwork is low, it may pixelate and display extremely poor when enlarged. Templates can also be requested to do your own layout and design.
- We will send you a proof of your artwork which you will have to review and sign off before production of your order will commence. Please review artwork proof carefully for design, spelling and colours. Remember that actual colours you see will depend on your monitor and printer. We cannot guarantee colour accuracy without pantone colours. Once artwork is approved, unless the product we deliver is different from the signed proof, Sourcebranding (Sourcebranding (Pty) Ltd t/a) is not liable for any claims by the customer that the products are not acceptable.
- All digital printing may have a 5% variant in colour. Please supply us with Pantone Colours.
- Colour proofs or samples must be provided with CMYK Colour breakdown. By failing to do so, we cannot be held responsible for incorrect colour.
PRODUCTION AND DELIVERY OF ORDER:
- Orders will be completed and ready for delivery within 4 to 7 working days after deposit has been received and artwork has been signed off. In the case of an urgent order, please contact our sales department to make an arrangement before placing order. Tel: +27847392814.
- Urgent order Surcharges: Acceleration fees on top of the total applies to rush jobs. Please send an e-mail to [email protected] with your deadline request. We do not offer delivery services on urgent orders. Please confirm with our sales department if we will be able to meet with your urgent order deadline before placing an urgent order.
- Orders will be delivered as follows:
- Within 2 to 3 working days after completion of the order to Main Centre within South Africa.
- Within 3 to 6 working days after completion of the order to Outlying Areas in South Africa.
- Goods will remain the property of Sourcebranding Digital Agency (Sourcebranding (Pty) Ltd t/a) until paid in full and will not be released until full payment of order and delivery charge, where applicable, is reflected in our bank account.
- All Products supplied are event products and should never be used in harsh weather conditions or as permanent fixtures.
- Please check your order on delivery/collection. Please notify us in writing within 5 days of delivery/collection if your product is faulty, or it will be deemed to be in order.
CANCELLATION OF ORDERS
- Receipt of Deposit will be regarded as confirmation of order. A 25% cancellation fee will be charged on confirmed orders if cancelled before printing commenced. If printing commenced, a 100% cancellation fee will be charged.
COLLECTION OF ORDERS
- A Daily charge of R30.00 will be charged on all orders not collected within one month of completion.
- Goods not collected within 3 months of completion will be sold to cover storage costs. Clients will be informed per email of the intention to do so and will have no claim against Sourcebranding Digital Agency (Sourcebranding (Pty) Ltd t/a).
