STANDARDS TERMS OF SERVICES
1. Please take some time to go through this page to avoid any misunderstanding/errors within the process and delivering stages.
2. These Terms of services shall apply to all services provided by HM Creatives and shall be incorporated into every agreement between the brand and its clients.
These terms apply to all services rendered by HM Creatives. This includes design work done for both print and online usage.
1. Terms are strictly COD. A deposit of 50% is required before beginning the project and the balance upon accomplishing the project.
2. The client may make payment to HM Creatives using EFT to the provided bank account on your invoice or statement. It is your responsibility to provide the proof of payment and supply the correct reference so that HM Creatives can allocate payment correctly.
3. All prices include VAT.
4. When making cash payments, please do follow ups to make sure that you receive an invoice with the correct amount withinh 24hrs via email
5. All our prices do not include print outs & installation, unless stated so.
6. HM Creatives shall not offer any refunds once design work has started. If clients wishes to procceed with other designers or agencies, HM Creatives will happily provide all the done work up to date.
7. An account will be considered default if it remains unpaid for 30 days from the date of invoicing. In order to continue with the work, HM Creatives will have to issue a new invoice and fees might differ from previously issued invoice.
8. If the remaining payment hasn't been made within 30 days of completing the project, the account will be considered default. HM Creatives has the right to terminate the project and all it's work. An additional fee will be required to recover the work.
These terms apply to all design work done by HM Creatives, for both print and online usage.
1. All designs will take between two (2) - seven (7) working days for the first draft.
2. Designs may contain one (1) to four (4) drafts depending on the type of project.
3. You will be required to complete a questionaire for your required designs, unless you have provided us with a clear understanding of your needs.
4. If client wishes to change concepts, client will be charged and additional service fee.
5. It is your responsibility to provide us with good quality electronic files for your designs e.g. Logo. Unless HM Creatives is designing everything for you. Any services required to convert or input Client Materials not set forth in the Design Specifications shall be charged as additional Services.
5. Once any ammendments to the designs exceed the standard amount of changes, any ammendments done will be at an additional fee.
6. A request to pause the project must be made in writing to HHM Creatives. The delay will not exceed a period of 45 days. Unless other arrangements are made between both parties, HM Creatives will assume any delay requested by the client that exceeds the 45 day period a cancellation, and no refund will be made from the already made payment. If the project is to be re-commence after 45 days, an additional charge will be made to the client.
These terms of service include all services and product artwork that needs to be printed by HM Creatives.
1. A setup fee is applicable if artwork is not designed by HM Creatives and not print ready (Templates can be requested.)
2. Printing will be billed on Quantity, Quality, and Scale of print outs.
3. Delivery is by arrangement, unless otherwise specified on your quote/invoice.
4. Printing will be completed within 3-7 working days after payment has been received and artwork has been signed off.
5. Items remain the property of HM Creatives until full payment is made.
6. All products supplied are event products, and should never be used in harsh weather conditions or as permanent fixtures.
7. All printed artwork not collected within 30 days after printed will carry an additional storage fee. If work still not collected after 45 days, HM Creatives holds the rights of desposal of all properties.
By purchasing a Website from HM Creatives, you confirm that you (the client) agree to adhere by these terms and conditions of these terms of service. These terms of service are legally binding and represent an agreement between you (the client) and HM Creatives (the provider/”HM Creatives”).
1. HM Creatives designs, builds, and hosts websites and provides online and telephone support.
2. The client has the right to, title, and interest in a website containing intellectual property owned by the client together with, but not limited to textual content, images, video and/or audio.
3. The client wants HM Creatives to host their website and understands that the websites must be hosted on HM Creatives servers or any server chosen by HM Creatives.
4. HM Creatives websites do not all come with a Content Management System (CMS), but however, a CMS can be provided if the client requests one, and shall come with its own fee. HM Creatives designs CMS templates which the client can have access to.
5. HM Creatives licenses the usage of the CMS software and design templates for the duration of the contract.
6. Ownership of the intellectual property of the HM Creatives CMS software and design templates is not transferred to the client as part of the purchase of the website.
7. This agreement shall take full force and effect as and from the date of the client’s purchase of the website.
8. HM Creatives shall supply to the client all services necessary to effectively host the clients’ website and make available for a fee to the client the services of HM Creatives to provide to the client online/email support, telephone support for the ongoing administration and maintenance of the clients website hosted by HM Creatives in circumstances where the client requests such support.
9. This Agreement may change from time to time. In the event that this Agreement changes, HM Creatives shall advise the client in writing at least 30 days before the changes shall take effect. If the client asserts that any changes to this Agreement show unfair bias against the interests of the client in favour of HM Creatives, the client agrees to dispute the application of the changes in writing prior to the changes taking effect. In the event of a dispute the client will either be provided with a written exemption from the specific changes within this Agreement that the client asserts to be unfair, or if this is not possible the client may at its option terminate this Agreement by giving 30 days’ notice to HM Creatives whereupon HM Creatives shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the client on or before the date of the termination of this Agreement.
10. HM Creatives have an acceptable use policy, and the client upon executing this Agreement is deemed to have read and understood the acceptable use policy of HM Creatives and agreed to be bound by it. The current acceptable use policy may be found at http://www.hmcreatives.com/terms.html
11. The acceptable use policy of HM Creatives may change from time to time. In the event this policy changes HM Creatives shall advise the client in writing within 7 days of the change of the acceptable use policy. In the event HM Creatives is required to advise the client of such changes of the acceptable use policy the client may at its option terminate this Agreement by giving 30 days’ notice to HM Creatives whereupon HM Creatives shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the client on or before the date of the termination of this Agreement.
12. Notwithstanding anything contained in the acceptable use policy of HM Creatives as set out in this Agreement the client warrants to HM Creatives that it is the lawful owner of or has permission from the lawful owner to publish all intellectual property published on its website that it has requested HM Creatives to host. In the event that the client, in allowing HM Creatives to host its website breaches any law of but not limited to any State or Territory of the Commonwealth of South Africa and/or the Commonwealth of the World, HM Creatives may terminate this Agreement without prejudice to the rights of HM Creatives to seek one or all of compensation damages indemnities relating to liability incurred as a result of the client’s aforementioned breaches.
13. HM Creatives may terminate the Agreement without notice to the client in the event HM Creatives becomes aware of any of the following:
• Content on the client’s website (including content generated by users of the client’s website) that does not comply with the acceptable use policy of HM Creatives as set out above;
• Notwithstanding the terms of acceptable use policy of HM Creatives any matters that is either offensive and/or obscene, seditious, blasphemous, defamatory or inappropriate in the opinion of HM Creatives;
• Repudiatory conduct as defined under clause 35.
14. The client warrants to HM Creatives that it shall not by its conduct frustrate HM Creatives from hosting its website or withhold the necessary support to HM Creatives for the effective hosting of the website. HM Creatives shall not be liable for any interruption to the provision of the client or the hosting services where an interruption is beyond the control of HM Creatives including but not limited to force majeure.
15. HM Creatives warrant to the client that 99.9% of the time in any given month the client’s website will work when accessed from a browser with unrestricted access to the internet. In this Service Level Agreement the expression “availability” shall have the meaning of availability to users of the internet unaffected by local or network limitation. In the event that the website is available in any given calendar month for a period of time less than 99.9% HM Creatives shall give to the client a rebate of their monthly fees to be calculated on a pro rata basis for the time that the website was offline in that given calendar month. HM Creatives shall not be liable for any losses in circumstances where the client’s site is offline at any point reflecting a monetary sum beyond the sum required paid for hosting in that given calendar month.
16. In the event HM Creatives terminates this Agreement as a result of any breach of this Agreement by the client and withdraws its hosting services from the client whereby the client’s web page is no longer hosted on the internet:
• HM Creatives will not be liable for any loss or damage arising from the withdrawal of the hosting services from the client.
• Should any breach be resolved and the client desirous of reactivation of services, HM Creatives will charge a reactivation fee of no less than R500.00 including VAT to cover HM Creatives’s reasonable costs incurred as a result of the breach, to be paid in full before reactivation.
• Should a site be deactivated for a period in excess of six (6) month for any reasons, the purchase of a new licence would need to be purchased at a cost of R1000.00.
17. HM Creatives will advise the client of any foreseeable interruption to the hosting service, and provide up-to-date network status.
18. In this Agreement HM Creatives shall provide services to the client for fees as advertised within the HM Creatives website, which can be accessed at http://www.hmcreatives.co.za/services or fees within the agreed verbal or written communication.
19. HM Creatives shall provide up to a maximum of 50GB data transit per calendar month. Any additional data transit required shall be supplied and charged at R50.00 per GB.
20. HM Creatives shall provide an ongoing support allocation inclusive in its regular ongoing costs with limits as defined under clauses 30-36. Any support incidents raised beyond the terms of clause 30-36 will be charged at a rate of R180.00 per hour including VAT. HM Creatives will waive charges for support at its discretion. The client will not be charged for any support incidents determined by HM Creatives to be attributable to a problem with the underlying software or an error on the part of HM Creatives.
METHOD OF PAYMENT
The client warrants to HM Creatives and agrees to:
1. Execute all documentation necessary to allow HM Creatives to directly debit from the client’s credit card or banking account monthly charges for all and any products and/or work undertaken by HM Creatives for the client.
2. Ensure that the client’s credit card or bank account will have on the first of each calendar month funds sufficient to make a payment to HM Creatives to fully discharge any funds due and owing as at the first day of that calendar month.
3. Make payments to HM Creatives upon receipt of an invoice from HM Creatives for hosting/or design charges which shall be charged in advance.
4. Make payments to HM Creatives upon receipt of an invoice from HM Creatives for excess charges for messages or data which shall be charged in arrears.
5. Make payments punctually on the first of each calendar month in accordance with the billing periods which shall be based on calendar months.
6. That in the event the client defaults in any payment of an invoice from HM Creatives rendered to them HM Creatives may without notice to the client suspend or terminate any hosting services until such time that the client has paid to HM Creatives in full any outstanding amounts due and owing pursuant to any invoice rendered by HM Creatives to the client pursuant to this agreement, including any reactivation fee under clause 16.
7. In the event this Agreement is terminated by the client, the client agrees to pay to HM Creatives an amount to be costed on the basis of all services provided by HM Creatives that remain unbilled as at the date of termination.
8. In the event the client is a corporation, the directors of the client agree to be parties to this Agreement and guarantee the performance of the client and further agree to assume each and every liability and obligation of the client pursuant to this Agreement in the event of and as and when the directors of the client are called upon to do so for whatever reason. The obligations of the directors of the client include but are not limited to the payment of any and all invoices rendered to the client by HM Creatives.
9. The client agrees to advise HM Creatives of any change of contact details. HM Creatives will not be liable for any consequences of invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
10. After a test link have been sent to the client, the client will have a 1 week period for any amendments. If no feedback is received from the client within this period, the website will be assumed approved.
11. If a billing error is noticed, the client should immediately contact HM Creatives. Refunds of overpayments will be made for up to a maximum of three months, so the client is urged to check billing statements regularly. Refunds of more than three months will not be processed.
FAIR USE, REPUDIATORY CONDUCT AND DISPUTES
10. HM Creatives does not apply fixed limits to the amount of support we give to our clients. The client understands that HM Creatives must ensure it is able to provide quality service to all its clients, and that no clients should be disadvantaged by the behaviour of others. The client agrees to be bound by HM Creatives’s Fair Use policy outlined in this section.
11. The client agrees not to engage in excessive contact, which includes but is not limited to:
• Repeatedly asking for assistance with matters outside HM Creatives’s control, responsibility, or remit, after HM Creatives has advised the client that this is the case, including but not limited to: basic computer assistance, business advice or other technical assistance not related to HM Creatives’s services.
• Repeatedly and unreasonably asking for assistance with matters with which HM Creatives has previously provided training. The client agrees to endeavour to understand the training they are provided.
• Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other clients.
• Demands for assistance with non-urgent matters outside of HM Creatives’s support hours where urgency is determined at the sole discretion of HM Creatives.
12. If HM Creatives determines that the client is engaging in excessive contact, it will provide written notice to the client of this determination, and the client agrees that HM Creatives at its sole discretion may as a result undertake any or all of the following actions:
• Apply a restriction on contact time permitted with the client
• Invoice the client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the client.
• Suspend and/or terminate the client’s provision of services, not before a third warning has been given. Warnings may not be given any more frequently than every seven days.
13. HM Creatives agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
14. The client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to HM Creatives within 14 days of the issue of the notice.
15. The client agrees not to engage in repudiatory conduct, which includes but is not limited to:
• Abusive behaviour towards staff, agents, partners or directors of HM Creatives, which includes threatening behaviour and/or speech.
• Defamation of staff, agents, or directors of HM Creatives, or of HM Creatives or related businesses.
16. The client agrees that in instances of repudiatory conduct, HM Creatives is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.