Introduction
These Terms and conditions, along with any specific terms for the services purchased, constitute the agreement between Success By Design and the client. By engaging our services, you agree to comply with these terms.
Duration
This agreement becomes effective upon acceptance of a quotation or placement of an order and remains in force until terminated by either party or upon completion of the project/service.
Services
Clients must either procure a service package from Success By Design or provide necessary access credentials before commencement. Failure to do so may result in delays or additional costs.
Payment Structure
Work commences upon receipt of an agreed-upon deposit, typically [percentage, e.g., 50%]. Final deliverables will be released upon settlement of the remaining balance. Set-up fees are non-refundable unless otherwise specified.
Fees
Clients are responsible for paying fees as specified in the invoice. Payment terms and methods are outlined in the invoice. Failure to comply may result in the suspension of services until full payment is received.
Late Payment
Late payments will incur [specified late fees, e.g., R250] after [number of warning notifications, e.g., three] reminders. Outstanding balances beyond [specified period, e.g., 30 days] may incur additional charges or collection actions.
Annual Price Adjustments
Prices may be adjusted annually to account for market fluctuations or supplier costs. Clients will be notified of any price changes at least 30 days in advance via email.
Cancellation Policy
Services may be canceled with a 30-day written (email) notice for hosting and retainer services. All outstanding payments must be settled before service termination or transition.
Maintenance and Updates
Unless otherwise agreed, ongoing maintenance, updates, or redevelopment services are not included and will be subject to separate agreements and fees.
Confidentiality
All proprietary information, strategies, or tactics disclosed during the engagement must remain confidential and may not be shared with third parties without prior approval.
Data Protection and Privacy
We adhere to all applicable data protection and privacy laws, including the Protection of Personal Information Act (POPIA). Clients are responsible for obtaining necessary consents and permissions for the collection, processing, and transfer of personal data in connection with our services.
Termination and Exit Strategy
Either party may terminate the agreement with 30 days written (email) notice. Upon termination, clients must return all proprietary information and materials. Any outstanding payments or obligations must be settled within 30 days.
Liability and Indemnification
Success By Design shall not be held liable for any damages, losses, or claims arising from unauthorized access, hacks, or any business activities related to our services. Clients acknowledge and agree to indemnify, defend, and hold Success By Design harmless from any liabilities, damages, or costs, including legal fees, arising from their use of our services, violation of these terms, or breach of the agreement. To the extent permitted by law, we exclude all liability for indirect, incidental, consequential, or punitive damages. Our total liability, whether in contract, tort, or otherwise, is limited to the amount paid by the client for the services
Dispute Resolution
In the event of any disputes or disagreements arising from this agreement, both parties agree to engage in good-faith negotiations and mediation. Any such dispute shall be brought to the attention of a Director of Success By Design within 60 days of its occurrence. The mediation process will be conducted in accordance with the laws of South Africa, aiming for an amicable resolution to mitigate further legal actions or conflicts.
Warranties and Representations
Software Performance: Success By Design warrants that any software provided will perform in accordance with the accompanying documentation, ensuring functionality and features as described.
Virus-Free Software: All software solutions delivered by Success By Design are guaranteed to be free from viruses, malware, or other harmful components that could compromise system integrity.
Professional Service Standards: In instances where Success By Design offers professional services, such as consulting or implementation, it commits to performing such services in a manner consistent with the industry-accepted “good and workmanlike manner” standard.
Compliance with Applicable Laws: Success By Design assures that all services rendered will adhere to applicable laws, regulations, and industry standards relevant to the jurisdiction and scope of the engagement.
Marketing Rights
Success By Design reserves the right to showcase completed work in portfolios, marketing materials, and social media platforms, including appropriate attribution where applicable.