Terms & Conditions - 2018
Please note that Standard Terms & Conditions Apply to all Creative services offered through any of the FNIX Group of Companies ("FNIX")
A. GENERAL BUSINESS, GRAPHIC, WEB DESIGN & CREATIVE SERVICES (UPDATED & EFFECTIVE 1 JANUARY 2018)
- FNIX offers a range of professional in-house business, graphic, web, video, audio and other creative design and consulting services to our clients.
- Creative services are charged at the rates specified as per our website or as per individual quotes provided and may be adjusted from time to time without notice or as determined on a per project basis.
- Our general turn-around time on the design for basic graphic design projects is between 3 - 10 days depending on the scale of the project. Web Projects may take between 1 - 12 weeks depending on the size of the website being developed. Time frames will be confirmed upon order placement and may be subject to other bookings already on the order / design cue.
- Any services provided by FNIX after hours or for rushed projects will attract an additional 35% after hours / rush fee.
- The prices indicated on the website are based on estimates only. No two projects are the same - quotes are prepared on an individual client basis and will be based on the amount of content and/or extensive design requirements. If you require additional features, content areas, functions, extensions, special images or content management this will be quoted on additionally.
- Websites are built in such a way as to allow easy additions of pages, upgrades and extensions later-on without requiring re-design.
- The "Designed by" links on the bottom of websites and other materials designed by FNIX may not be removed, altered or redirected in any manner.
- Should the client require additional copy writing, photographic image editing and/or other creative services, this will be quoted for additionally.
- Should the client require specific high resolution commercially available photographic images, video stock, audio stock, printing, signage or promotional products these will requested from, quoted on and purchased from 3rd Party Service / Product Providers and will be billed to the clients FNIX account if accepted.
- Should any software or special applications be required by the client and used for the development of the website or functions thereof, the client will be liable for the required subscriptions thereto and all updates thereof as and when such become available.
- Should the client wish for FNIX to place orders with 3rd Party Service / Product Providers the Client will remain liable for all costs involved including delivery and other related or subsequent fees and costs charged by such providers.
- All clients are quoted on a per project basis, based on specific client requirements.
- FNIX may provide advisory services during a quoting process involving a 3rd Party Service / Product Provider to ensure that the client obtains a quality finished product that is suitable for their desired need.
- Quotes provided by FNIX and /or any other selected 3rd Party Service / Product Providers are valid for 7 days only.
- Once a quote is accepted, such becomes binding upon the client and the client will remain liable for payment of all costs as quoted on and any relevant and related expected costs associated therewith.
- Printing and production times are dependent on booked projects with our 3rd Party Service / Product Providers and are not in the control of FNIX and we cannot take responsibility for any delays, damage or errors which may occur.
- FNIX will at all times act in the best interest of our clients. Should a dispute arise between FNIX and one of our clients, we will at all times attempt to resolve the matter with the client, alternatively will do so by appointing an independent ADR Consultant and / or Mediator in an effort to do so.
- Should the client fail to make payment to FNIX for any services and products provided by FNIX and/or a 3rd Party Service / Product Provider, FNIX will assist the 3rd Party Service / Product Provider (if any) in any claims which may arise against such Client by attempting to first amicably resolve any disputes between the Client and FNIX by means of demand for payment and/or alternatively payment within a reasonable period of time if the circumstances may warrant such allowed period for payment. If no reasonable resolution can be reached between FNIX and the Client, the matter will be handed over to either an ADR consultant and/or Mediator and/or for legal intervention by a legal practitioner selected and/or appointed at the sole discretion of FNIX to ensure that the matter is resolved amicably without unnecessary delay or damages which may be caused to any of our 3rd Party Service / Product Providers. The client will be responsible for all such legal costs incurred.
- Should the client breach any of the provisions and terms and conditions, they may be held legally liable for any costs and damages incurred or suffered by FNIX due to the provision of services and products to the client.
- FNIX does not take any responsibility or liability for the services and/or products that are provided by 3rd Party Service / Product Providers and provide this as an optional or complementary service to assist our clients only.
- In the event of any unexpected delays, damages caused or poor quality products provided by any of the selected 3rd Party Service / Product Providers recommended by FNIX, FNIX will assist the client in any claims which may arise against such 3rd Party Service / Product Provider by attempting to first resolve any dispute between the 3rd Party Service / Product Provider and FNIX by means of demand for repair, replacement or refund within a reasonable time if the circumstances may warrant such allowed period for payment. If no reasonable resolution can be reached between FNIX and the 3rd Party Service / Product Provider, the matter will be handed over to either an ADR consultant and /or Mediator and/or for legal intervention by a legal practitioner selected and/or appointed at the sole discretion of FNIX to ensure that the matter is resolved amicably without unnecessary delay or damages which may be caused to any party or client reliant on or affected by the services and continued working relationship between FNIX and the 3rd Party Service / Product Provider. The 3rd Party Service / Product Provider will be held liable for all legal costs incurred.
- FNIX may at their sole discretion and any time appoint an alternative 3rd Party Service / Product Provider to assist the Client with the provision of any items not delivered by a prior appointed 3rd Party Service / Product Provider. The 3rd Party Service / Product Provider who was originally appointed and who had failed to deliver such services / products in the required quantity or quality will be liable for such costs of reprint / reproductions.
- Unless otherwise agreed, clients are responsible to provide all content and photographic images for their presentations, websites, designs, videos, etc. and must ensure that all text, colours and content is correct and checked prior to approval of final drafts.
- FNIX does not take responsibility for any errors in final text, colours or content once approved. Should the client only notice errors after approval of final draft the Client will be liable for all wasted printing / repro / plate costs up to that point.
- FNIX respects the privacy and rights of our clients and service providers and will not under any circumstances share or sell such information with any party.
- Acceptance of your quote / payment of your invoice will constitute agreement with all our terms and conditions as available on our website and as amended from time to time in terms of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) (“the ECTA”).
B. WEB & GRAPHIC DESIGN PACKAGES (UPDATED & EFFECTIVE 1 JANUARY 2018)
- All package offerings are subject to our general terms and conditions as above.
- Packages are based on either a standard 12 or 24-month contract period unless agreed otherwise.
- The fees charged in our packages cover our reasonable and basic design time, software and application subscriptions as well as data usage and calls and is limited on a per project basis.
- All after hours or rushed job fees will be at a rate of 35% of our normal graphic, web and/or creative service fees and will be charged to the account of and payable by the Client over and above the package fee if required.
- All other services included in the packages and / or indicated as FREE are provided as bundled complimentary services and are not deductible or transferable for credit or discounts.
- All requirements outside of the packages as described are subject to additional cost on consultation with the client.
- Only Rent to Own / Web Contract Clients qualify for our special “Rise-Up” Graphic Design Packages.
- Our Rise-Up packages are subject to the use by the client of our selected 3rd party printing, signage and promotional product providers, should they need additional printing, signage or promotional products and/or services during their first year of trade.
- The Rise Up packages are valid for a period of 12 months only as from date of acceptance. The period during which the package is active will at no time be suspended regardless of use thereof and no credit will be applicable to any unused / inactive periods during the contracted 12 months.
- The Client may use any other service and product providers, graphic or web designers during the contract period if they so choose unless it breaches any of our other terms and conditions, however this will be for the clients own account and will not affect the services offered by FNIX.
- Printing, signage and production of promotional materials are quoted on and provided at the sole discretion of FNIX and as an optional service to the Client.
- Please note that some of our selected 3rd Party Service / Product Providers may subsidise our design package costs through payment of rebates upon successful finalisation and delivery of each project to allow us to offer our design services to our clients at these amazing prices under package deals instead of hourly fees.
- These rebates may include between 3,5% to 8% off the full print and production cost which may be refunded directly to FNIX within 30 days after a client receives and is satisfied that the products were provided in good order.
- Rebates are received only if there are no returns or reprints due to colour correctness or any other errors. FNIX will therefore ensure that our designs meet the highest standards before sending it for production to avoid any such errors from occurring.
- FNIX may offer our frequent clients additional discounts and / or credits based upon the percentage or rebate received from the 3rd Party Service / Product Provider.
- Should the Client find a quote for printing, signage or promotional product services at better rates than quoted on by our selected 3rd Party Service / Product Providers prior to acceptance of the quotes provided by our 3rd Party Service / Product Provider, our 3rd Party Service / Product Providers will at all times attempt to beat such a quote to ensure you get the best prices and quality possible. Should they be unable to beat the relevant quote, the client may use an alternative provider of their choice.
- Should the client use any item designed under the Rise Up Package for printing with another product and/or service provider without first attempting to obtainin a better quote from a 3rd Party Service / Product Provider through FNIX, the client will be liable for payment of the full design cost of such item at the normal hourly rate unless agreed to in writing with FNIX.
- All rights to designs created as part of package deals remain that of FNIX during the contract period.
- After the respective package / contract period/s ends and upon payment of all amounts due to FNIX the ownership of the website, logos, images, graphic designs, video and audio become that of the client.
- Web clients making use of the hosting services provided may not use such services for any illegal activity and or spam mailing.
- All hosting services are subject to a fair usage policy available on request.
- Should any graphic or web design contract/s be cancelled for any reason whatsoever, including but not limited to spam sending or other suspected illegal activity by the Client, the Client will become liable to FNIX for the full cost of the remaining contract fee up until the end of the contract period payable immediately upon cancellation of such contract/s and/or liable for payment of all services rendered to the client by FNIX on our standard hourly rate and at the sole discretion of FNIX.
- Should your design or functionality requirement exceed the allowance on the selected package, FNIX may at their sole discretion allow such additional services to be offered at no further cost, alternatively may require a top-up payment to be made.
- No rights afforded to clients under the FNIX package offerings may be transferred to any other party or under any circumstances unless agreed to in writing by FNIX.
- Clients must ensure that the full payment due to FNIX for any contracted services must be paid monthly in advance. Failure to do, regardless of the reason for such failure, will result in late payment fees and penalties being charged to the Client’s account.
- Should you fail to make payment on any graphic design, hosting or web services, if any, FNIX may suspend such services with immediate affect and reclaim ownership thereof until such time as full payment is received.
C. STANDARD SERVICE CANCELLATION / TERMINATION POLICY (UPDATED & EFFECTIVE 1 MAY 2019)
- Please note that all design, webhosting and web management packages may be cancelled / terminated by either FNIX and / or the client through either party providing to the other a written 30 (thirty) calendar day notice of such cancellation and / or termination indicating reasons for such decision.
- In the event of cancellation / termination of services by either party, FNIX reserves the right to charge a reasonable cancellation / termination penalty for work already in progress and / or for discounts and or services already provided to the client prior to such cancellation / termination.
- In the event of cancellation / termination of services by FNIX due to non payment, FNIX reserves the right to suspend all services and withhold access / handover of any files, designs, domains, etc. until all outstanding invoices are settled in full.
- FNIX reserves the right to suspend all services / withhold access to files and / or designs during a cancellation period should there by any outstanding and overdue invoices which remains unpaid by the client despite reminders of payment being sent.
- FNIX does not take any responsibility for any loss or damage suffered as a result of access to files being withheld and / or services being suspended in the event of non-payment prior to cancellation.
- FNIX does not take any responsibility for any loss, damage or corruption to design files / web files / database files and entries / images / e-mails and / or any other content transferred by the client and / or an appointed 3rd party on behalf of the client during the cancellation period.
Version 1.1 - January 2018