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T’s & C’s

Web Development & Graphic Design: Terms & Conditions

The following Terms and Conditions of Service apply to all artwork, graphic design, print and services provided by PSNIVY Design.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. PSNIVY Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All design work is carried out by PSNIVY Design on the understanding that the client has agreed to abide by these terms and conditions.

Acceptance of Quotation and Terms and Conditions

  • Quotations are valid for a period of 7 days.
  • The placement of an order for design and/or any other services offered by PSNIVY Design, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the client and PSNIVY Design.

Design Fees & Payment

  • Fees for design services to be provided by PSNIVY Design, will be set out in the written estimate or quotation that is provided to the client.
  • At the time of the client’s acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due.
  • Work on the project will not commence until PSNIVY Design has received the 50% deposit.
  • The client will be asked to provide artwork sign off before followed by an Invoice prior to print/artwork/publication. At this time the remainder of the fees due will become payable. Full payment is required before print/publishing will commence.
  • Publication and/or release of work done by PSNIVY Design on behalf of the client, may not take place before funds have cleared
  • An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. PSNIVY Design shall be considered entitled to remove PSNIVY Design’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
  • Removal of such materials does not relieve the client of it’s obligation to pay the due amount. Clients whose accounts become default agree to pay PSNIVY Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights, Ownership and Trademarks

  • By supplying text, images and other data to PSNIVY Design for inclusion in the client’s brochure / website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
  • By supplying images, text, or any other data to PSNIVY Design, the client grants PSNIVY Design permission to use this material freely in the pursuit of the design and to utilise the designs in PSNIVY Design’s portfolio unless agreed otherwise.
  • Should PSNIVY Design, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow PSNIVY Design to remove and/or replace the file.
  • The client agrees to fully indemnify and hold PSNIVY Design free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
  • PSNIVY Design may use any Artwork/design for it’s own promotion and portfolio use
  • Copyright of all graphic design work is retained by PSNIVY Design including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
  • If multiple design concepts are submitted, only one concept is deemed to be given by PSNIVY Design as fulfilling the contract. All other artwork designs remain the property of PSNIVY Design, unless agreed in writing.

Alterations, Revisions and Supply of Content

  • The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
  • The client also agrees that PSNIVY Design holds no responsibility for any amendments made by any third party, before or after a design is published.
  • Unless otherwise negotiated or PSNIVY Design’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). PSNIVY Design assumes all written content adheres to copyright laws.
  • Images are also expected to be supplied before work begins, unless by prior negotiation or if using PSNIVY Design’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). PSNIVY Design assumes that all correct permissions have been sought and/or royalties paid for images used.
  • Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

Data Formats

  • Text is to be supplied to PSNIVY Design in electronic format as standard text (.txt) or MS Word (.doc), Via e-mail or shared storage drive.
  • Images which are supplied in an electronic format, are to be provided in a format as prescribed by PSNIVY Design via electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and PSNIVY Design will not be held responsible for any image quality which the client later deems to be unacceptable. PSNIVY Design cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.
  • Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

  • Any indication given by PSNIVY Design of a design project’s duration is to be considered by the client to be an estimation. PSNIVY Design cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by PSNIVY Design.

Website Design Only

  • Once web design is complete, PSNIVY Design will provide the client with the opportunity to review the resulting work and provide the login details for the website. PSNIVY Design will make one set of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to PSNIVY Design by e-mail and confirmed by post.

Design Credits

  • The client also agrees to allow PSNIVY Design to place all designs on PSNIVY Design’s own website for portfolio and demonstration purposes and to use any designs in its own publicity unless agreed otherwise.

Rights of Refusal

  • PSNIVY Design will not include in its designs, any text, images or other data which it deems to be offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. PSNIVY Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that PSNIVY Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow PSNIVY Design to remove the contravention without hindrance, or penalty. PSNIVY Design is to be held in no way responsible for any such data being included.

Cancellation

  • If a client cancels or alters any order or part order at any time after PSNIVY Design has received the order then PSNIVY Design reserves the right to render additional costs to the date of such cancellation or alteration.

Disclaimer

  • PSNIVY Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. PSNIVY Design will not be held responsible for any and all damages resulting from products and/or services it supplies. PSNIVY Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold PSNIVY Design responsible for any such loss or damage. Any claim against PSNIVY Design shall be limited to the relevant fee(s) paid by the client.
  • PSNIVY Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. PSNIVY Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Force Majeure

  • PSNIVY Design shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of PSNIVY Design including but not limited to war, strikes, lockouts, blackouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

General Terms & Conditions

1. Introduction

Welcome to PSNIVY Design (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at psnivy.co.za (together or individually “Service”) operated by PSNIVY Design.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at launch@psnivy.co.za so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at launch@psnivy.co.za.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Content

Content found on or through this Service are the property of PSNIVY Design or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

7. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

8. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PSNIVY Design and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of PSNIVY Design.

9. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to launch@psnivy.co.za, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

10. Error Reporting and Feedback

You may provide us either directly at launch@psnivy.co.za or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

11. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by PSNIVY Design.

PSNIVY Design has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

12. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

15. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

16. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

17. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

18. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

19. Contact Us

Please send your feedback, comments or requests for technical support by email: launch@psnivy.co.za