Terms and Conditions of Service

The following Terms and Conditions of Service apply to all graphic design, website design, social media posts, and profile assistance, and other digital/online marketing services provided by Elzanne Botha (Pty) Ltd.

These Terms and Conditions supersede any previous Terms and Conditions or printed Agreement distributed in any form. Elzanne Botha (Pty) Ltd reserves the right to change any rates and any of the Terms and Conditions at any time without prior notice.

All work is carried out by Elzanne Botha (Pty) Ltd on the understanding that the client has agreed to abide by these terms and conditions. Hereby the Client understands that they will not sign a printed Agreement Document, but by paying for the services provided by Elzanne Botha (Pty) Ltd, they agree to the below Terms and Conditions. (As also stated on all quotations and invoices with a reference link to this website.)

This agreement is between “The Client” who is engaging Elzanne Botha (Pty) Ltd located at 5 St. Croix Close, Anchorage Park, Gordon’s Bay, Western Cape, South Africa, to act as an independent contractor to provide one or more of the following services as per the custom client quotation:

  • Social Media Account Assistance and Management, Content Creation and Weekly Post Scheduling
  • Digital/Online Marketing Services and Pay Per Click Advertisement Management
  • WordPress-based Website Design
  • Graphic Design

WHEREAS, Elzanne Botha (Pty) Ltd is an independent contractor hired to provide outsourced remote Web Design, Graphic Design, Social Media, and/or Digital/Online Marketing Services on a once-off or monthly basis.

WHEREAS, The Client seeks to utilize Elzanne Botha (Pty) Ltd to provide remote Web Design, Graphic Design, Social Media, and Digital/Online Marketing Services for their business.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to the terms and conditions as follows:

Services and Payments:

  • The Client agrees to pay the quoted fee for the quoted services, either as a once-off project or ongoing monthly service.
  • Services will be billed on the 25th day of the month, and payments will be due within 7 days (one week) after receipt of the invoice.
  • Elzanne Botha (Pty) Ltd has the right to terminate the agreement with a seven-day notice in the event the services are not paid for by The Client.
  • Pricing is based on the requested scope of work.
  • In the event that additional services are required or there is a major change in the scope of work, then Elzanne Botha (Pty) Ltd reserves the right to adjust the pricing or charge a fixed hourly fee.
  • Double rates apply for any unplanned urgent requests or overtime tasks after 6pm and over weekends / public holidays.
  • In the event that travel and/or lodging are required to fulfill certain services away from Elzanne Botha (Pty) Ltd’s location, then Elzanne Botha (Pty) Ltd shall be reimbursed for expenses incurred.
  • Travel expenses will be charged at current AA rates per kilometer.
  • All expenses must be pre-approved by The Client.
  • Clients whose accounts become default agree to pay Elzanne Botha (Pty) Ltd reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.

Terms of Agreement for Services:

  • The Client agrees that the term of services, as stipulated in the quotation, will be until full project completion for once-off projects, on a month-to-month basis for short-term monthly services, or for a period of one year for long-term monthly services.
  • The agreement for long-term monthly services will automatically renew one year from the date the quotation is signed unless a written notice of either party’s intent to the other that they will not be renewing is provided 45 days prior to the annual renewal date.
  • All fees will increase annually by a total of 10%.
  • Either party may terminate the agreement with a 30-day written notice.
  • In the event where the Client exercises this 30-day out clause prior to the end of the initial year for a long-term project, all digital intellectual property will remain under the ownership of Elzanne Botha (Pty) Ltd.
  • Should The Client wish to transfer the ownership of the intellectual property from Elzanne Botha (Pty) Ltd, all monies for the remainder of the agreement (prior to final termination date) will become due (per section 1 of this agreement).
  • The Client agrees to give required access to Elzanne Botha (Pty) Ltd to complete its work.
  • Elzanne Botha (Pty) Ltd will use best efforts to work to finish out providing services for the final 30 days.

Graphic Design Services:

  • At the time of the client’s acceptance of the estimate or quotation, indicating acceptance of the Terms and Conditions of Service, a non-refundable deposit of 50% of the quoted fee will become immediately due.
  • Work on the project will not commence until Elzanne Botha (Pty) Ltd has received the 50% deposit.
  • Unless otherwise quoted or negotiated, graphic design projects include three unique draft concepts or design samples, with three revision rounds of minor changes on the chosen design and only one final concept will be released to the client after approval.
  • Following the quoted revisions of the graphic design project, an additional hourly fee will be charged should any further alterations be required.
  • We will advise the client and seek the client’s agreement before proceeding with any work that will incur additional charges.
  • The client will be asked to provide artwork approval followed by the final invoice prior to artwork release. At this time the remainder of the fees due will become payable.
  • Full payment is required before artwork release will commence.
  • This includes any and all unpaid monies due for services, including, but not limited to, search engine submission, design, sub-contractors, printers, photographers, and libraries.

Website Design Services:

  • At the time of the client’s acceptance of the estimate or quotation, indicating acceptance of the Terms and Conditions of Service, a non-refundable deposit of 50% of the quoted fee will become immediately due.
  • Work on the project will not commence until Elzanne Botha (Pty) Ltd has received the 50% deposit.
  • All Elzanne Botha (Pty) Ltd’s websites are WordPress-based and designing takes place on the front-end of the website within the WordPress Dashboard, unless specified otherwise.
  • Elzanne Botha (Pty) Ltd does not offer web development services and can outsource such services at an additional cost to the Client for specific website features and programming requirements outside Elzanne Botha (Pty) Ltd’s scope of works.
  • Elzanne Botha (Pty) Ltd’s websites do not include premium plugin features, website security, and/or anti-spam services, and this is additional for the Client’s own account.
  • Once the web design is complete, Elzanne Botha (Pty) Ltd will provide the Client with the opportunity to review the resulting work by providing the login details for the website.
  • Elzanne Botha (Pty) Ltd will make one set of minor changes at no extra cost within 14 days of the start of the review period.
  • Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to the layout, colour schemes, or any navigation features.
  • Any minor changes can be notified to Elzanne Botha (Pty) Ltd by e-mail.
  • Major changes requested will be invoiced at an hourly fee, and are viewed outside of the quoted scope of services.
  • Following the 14 day minor changes period, an additional hourly fee be charged should any further alterations, uploads, deletions, etc. be required.
  • The client will be asked to provide approval followed by the final invoice prior to the website publication. At this time the remainder of the fees due will become payable.
  • Full payment is required before website publishing will commence.
  • This includes any and all unpaid monies due for services, including, but not limited to, search engine submission, design, sub-contractors, printers, photographers, and libraries.
  • The Client understands and agrees that any cost and charges incurred directly or indirectly related to the Client’s e-commerce website portal, fees, penalty or sales are not covered by Elzanne Botha (Pty) Ltd.
  • From the day the website is completed and published by Elzanne Botha (Pty) Ltd, Elzanne Botha (Pty) Ltd makes absolutely no liability for the Client’s website, e-commerce shop, any transaction, function, configuration, third-party plugin, hosting, and/or WordPress application failures.
  • The Client understands that he/she has to ensure a complete backup of the web files and database is made by the hosting company after the website is completed.
  • Elzanne Botha (Pty) Ltd is not responsible for maintaining the Client’s website or perform regular backups.
  • Elzanne Botha (Pty) Ltd uses the open source platform WordPress CMS and third-party applications to build websites and will not be held liable for any faults, loopholes, hacks, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS, plugins, and/or its applications.
  • The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider, and/or any technical reasons or by the act of God, is not the fault of Elzanne Botha (Pty) Ltd and therefore agrees to hold harmless, protect, and defend Elzanne Botha (Pty) Ltd and its subcontractors from any claim or lawsuits.
  • Elzanne Botha (Pty) Ltd does not provide any warranty/guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as the Client’s website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche.  If the Client is looking for a guarantee over the page rank, the Client should employ professional Search Engine Optimization services.
  • The agreement contemplates the creation of a web site viewable by Firefox, Google Chrome, and Microsoft Internet Explorer. Compatibility is defined herein as all critical elements of each page being viewable in all three browsers. The Client is aware that some advanced techniques on the Internet, however, may require a more recent browser version and brand or plug-in. The Client is also aware that as new browser versions are developed, the new browser versions may not be backward compatible. Time spent to redesign a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of the agreement.

Web Hosting and Website Database Backups:

  • Elzanne Botha (Pty) Ltd does not supply domain registrations, email assistance, or web hosting services.
  • The Client must register its own domain with a preferred web hosting company and provide Elzanne Botha (Pty) Ltd complete admin access to the Control Panel in order to commence with the WordPress software installation and front-end WordPress dashboard web designing.
  • Domain registration and monthly web hosting fees are not included in the Elzanne Botha (Pty) Ltd estimate and are an exclusive contract between the Client and preferred web hosting company.
  • The Client must ensure that a suitable hosting package option is provided by the web hosting service provider and that the website has an SSL certificate for internet security reasons.
  • Elzanne Botha (Pty) Ltd is not responsible for the backup of website files and/or the website database from the hosting company’s server after website completion.
  • In the case of a domain transfer to a new hosting company, the Client needs to arrange for the website backups from the current hosting company’s server before such a transfer commences, and then needs to arrange for the installation of these files again on the new hosting company’s server.
  • Elzanne Botha (Pty) Ltd takes no responsibility for the disruption of web services, any website downtime, or server failure from the hosting company, nor for the incorrect or faulty transfer of the existing website.
  • Elzanne Botha (Pty) takes no responsibilty for the malfunctioning of any WordPress plugins, any plugin conflicts, or the termination of plugin support and maintenance by the plugin developers.
  • Any website reconstruction work resulting from faulty or neglegent third-party services, server and/or domain transfer issues, lack of necessary backup and database files, and/or the malfunctioning of any plug-ins, themes, software, etc. will be billed additionally at an hourly rate.

Digital/Online Marketing Services:

  • At the time of the client’s acceptance of the estimate or quotation, the Client automatically accepts the Terms and Conditions of Service.
  • The Client agrees that Elzanne Botha (Pty) Ltd will be managing all of the current internal digital marketing resources.
  • The Clients agrees that all digital resources (i.e. employees, contractors, and/or subcontractors) will report to Elzanne Botha (Pty) Ltd as needed to implement the digital marketing program effectively.
  • Resources will be managed and provided tasks to support the digital strategy, day-to-day efforts, and daily management set forth by Elzanne Botha (Pty) Ltd and the executive committee of The Client.
  • Elzanne Botha (Pty) Ltd’s estimate does not include the cost of online paid advertising campaigns, such as Facebook Ads or Google Ads, and this is an additional cost to the company that will be managed within the applicable marketing budget provided for paid online advertising.
  • Digital Marketing Services does not include direct customer liaison, such as responding to online messages and enquiries, complaints, email enquiries, online reviews, and/or providing product information and prices on behalf of the Client. Elzanne Botha (Pty) Ltd’s services take place outside of direct customer relations and is a “behind-the-scenes” position.
  • Although Digital and Online Marketing is an extention and in support of traditional marketing, Elzanne Botha (Pty) Ltd’s services does not include traditional marketing and related sales efforts, such as sourcing new sales and distribution outlets/agents, compiling annual marketing budgets and/or sales forecasts, and/or negotiating terms with potential distributors/buyers, and/or any sales reporting, cost planning, price conversions, etc.

Google Services, Paid Online Advertising, and Analytics:

  • The Client agrees to pay in full the set daily / weekly / monthly / yearly budget for the Pay-Per-Click Ad Campaigns to Google, Facebook, and/or other online advertising platforms, and accept to hold harmless, protect, and defend Elzanne Botha (Pty) Ltd and its subcontractors from any penalty or claim or suit arising from delay in Payments to Google, Facebook, and/or others.
  • The Client accepts and understands that Elzanne Botha (Pty) Ltd does not pay on behalf of its Client to Google, Facebook, etc. – Elzanne Botha (Pty) Ltd is responsible for only setting up the Client’s ad campaign account and managing it on a monthly basis (if the monthly service is purchased) but does not act as a payer for any advertising fees, penalty, bidding or budget.
  • The Client agrees to use their own credit card / alternate payment methods to pay for the advertising services, and understands that Elzanne Botha (Pty) Ltd should not be held responsible for any payments to Google, Facebook, etc. in order to run the Ads/Campaigns.
  • If the Client chooses to disable ads with no prior notice to Elzanne Botha (Pty) Ltd, Elzanne Botha (Pty) Ltd should not be held responsible for any maintenance unless the campaigns are reactivated.
  • The Client agrees to provide Elzanne Botha (Pty) Ltd with keywords related to the targeted niche along with different demographics, geographic locations and age groups. This will also include an idea, message, text or pictures furnished by the Client to Elzanne Botha (Pty) Ltd.
  • Even though Elzanne Botha (Pty) Ltd will make every effort to the best of knowledge and ability to setup the Client’s ad accounts, campaigns, budgeting, and ad designs in order to maximize results and success rate, failure of such advertisements cannot be neglected. Paid Ad Campaigns are a third party application that Elzanne Botha (Pty) Ltd will use to set up the Client’s account and design campaigns but does not own or control the application (algorithms or system applications).
  • Failure with Paid Ads can happen due to many reasons such as higher bidding by competitors, shortage of Clients funds, technical reasons, and human error or by the act of God. In any case of failure, the Client agrees and will hold harmless, protect and defend Elzanne Botha (Pty) Ltd and its Subcontractors from any lawsuit(s).
  • Elzanne Botha (Pty) Ltd does not offer refund for glitches and/or Google, Facebook, LinkedIn, etc. ad policy violations found in the Client’s content or on the Client’s website – this includes any disapproval or illegibility for the campaigns set up by the Elzanne Botha (Pty) Ltd due to improper format of the Clients website such as Parked Domain, Prohibited Content, Practices, Restricted Content, Editorial or Technical Violation as described here.
  • The Client understands and agrees that Elzanne Botha (Pty) Ltd has no control over the Client’s website and in order for Ad Campaigns to work/function, their web page and websites must comply with Google, Facebook, and other policies.
  • The Client understands and agrees that Elzanne Botha (Pty) Ltd is only responsible for setting up accounts, creating campaigns and making changes as per the Client’s request to the running campaigns and therefore should not be held liable for any performance issues, damages, online sales, web visitors, online web traffic, pay-per-click traffic, bidding, and any related issues with the Paid Advertisement Campaigns and Online Advertising Services.
  • Elzanne Botha (Pty) Ltd uses free Facebook, LinkedIn, and Google Analytics accounts to set up, track and monitor the website and ad campaigns. If the Client chooses to use any premium services or reporting software, the Client agrees to pay the premium fees directly to service provider. Elzanne Botha (Pty) Ltd is not responsible for any such payments.
  • Even though Elzanne Botha (Pty) Ltd will make every effort to the best of knowledge and ability to setup the Client’s accounts, it is not the responsibility of Elzanne Botha (Pty) Ltd to improve the website or ad performance. Open-source reporting software or service are tracking and monitoring services and not web improvement or redesign services.
  • Elzanne Botha (Pty) Ltd will set up the accounts and will send reports with user data, statistics and advice on how to improve web/ad performance, but if the Client wants Elzanne Botha (Pty) Ltd to revamp or fix the ads/website additional fees will be applicable.
  • The Client agrees and will hold harmless, protect and defend Elzanne Botha (Pty) Ltd and its Subcontractors from any lawsuit(s).

Search Engine Optimization:

  • Elzanne Botha (Pty) Ltd does not supply specialized SEO services. Only basic SEO is included in the website packages. Basic SEO does not include 1st page rankings with Google or any other search engines.
  • The basic SEO includes basic keywords built into pages, the website description built into header, and Search Engine Friendly (SEF) URL’s used.
  • The Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third party websites that Elzanne Botha (Pty) Ltd has no control over and are only confined to optimizing the Client website with the best possible legit method and keywords as part of a basic SEO services.
  • The Client understands that ranking on search engines depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors outside the control of Elzanne Botha (Pty) Ltd.
  • Elzanne Botha (Pty) Ltd can outsource search engine optimization services to professional SEO Content Writers and Service Providers on behalf of the Client for the Client’s own account.
  • Positioning (ranking) cannot be guaranteed in Google Maps, Yahoo Maps or Bing Maps. The optimization is confined to the Client’s website and keywords, this does not include Google Maps or Google Places.

Affiliate Marketing:

  • Affiliate Marketing is a commission-based third-party online advertising program and is subject to specific terms and conditions under the specific affiliate marketing program.
  • This is a separate contract that the Client agrees to with the Affiliate Program.
  • The Client understands that Elzanne Botha (Pty) Ltd is not responsible for the commission and/or services payment of the affiliate advertisers and/or program and that Elzanne Botha (Pty) Ltd merely facilitates the process and manages the marketing campaign on behalf of the Client.
  • Elzanne Botha (Pty) Ltd is not responsible for the ROI and success of these affeliate programs, and cannot guarantee any direct product sales resulting from Elzanne Botha (Pty) Ltd’s affiliate marketing efforts.
  • The affiliate marketing program will supply monthly analtyics and insights to the Client to indicate the success rate of their affiliate marketers and/or website placements.
  • Elzanne Botha (Pty) Ltd has no control over the affiliate website placements, ad display frequency, and/or estimated online traffic.
  • The Client agrees and will hold harmless, protect and defend Elzanne Botha (Pty) Ltd and its Subcontractors from any lawsuit(s).

Content:

  • The Client agrees to provide all content required (text/copy, articles, photos, graphics, videos, etc.) for the support of Elzanne Botha (Pty) Ltd’s efforts.

Alterations, Revisions, and Supply of Content:

  • The client agrees that changes required over and above the estimated work will be liable to a separate charge.
  • The client also agrees that Elzanne Botha (Pty) Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
  • Unless otherwise negotiated, 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 the final format, with an accuracy of content, spelling and grammar checked, and little or no formatting (including text from previous websites).
  • Elzanne Botha (Pty) Ltd 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 paid stock photography images and services.
  • Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or high-resolution JPEG or PNG files (300 dpi).
  • Elzanne Botha (Pty) Ltd assumes that all correct permissions have been sought and/or royalties paid for images used.

Data Formats:

  • Text is to be supplied to Elzanne Botha (Pty) Ltd in a final electronic format (final edit and revision) as standard text (.txt), MS Word (.doc) or via e-mail.
  • Images that are supplied in an electronic format are to be provided in a format as prescribed by Elzanne Botha (Pty) Ltd via flash drive or a third-party online drive or transfer/sharing services, such as WeTransfer or Google Drive.
  • Images (photographs) must be in their original high-resolution state with a minimum file size of at least 2 – 3MB per image and in a .jpeg or .png format.
  • Elzanne Botha (Pty) Ltd will not accept any graphics or photographs as email or WhatsApp attachments. These files are compressed to a very low resolution by default to send faster and effectively over the internet, and subsequently, lose file size and image quality.
  • Images must be of a quality suitable for use without any subsequent image processing and application compression, and Elzanne Botha (Pty) Ltd will not be held responsible for any image quality which the client later deems to be unacceptable.
  • Any image processing or conversions will be charged additionally at an hourly fee.
  • Elzanne Botha (Pty) Ltd 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.

Copyrights, Ownerships, and Trademarks:

  • By supplying text, images, and other data to Elzanne Botha (Pty) Ltd for inclusion in the client’s graphics/website or another 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 Elzanne Botha (Pty) Ltd, the client grants Elzanne Botha (Pty) Ltd permission to use this material freely in the pursuit of the design or marketing efforts and to utilize the final designs in Elzanne Botha (Pty) Ltd’s portfolio.
  • Should Elzanne Botha (Pty) Ltd, or the client, supply an image, text, audio clip, or any other file for use in a website, multimedia presentation, printable item, 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 Elzanne Botha (Pty) Ltd to remove and/or replace the file.
  • The client agrees to fully indemnify and hold Elzanne Botha (Pty) Ltd free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
  • Elzanne Botha (Pty) Ltd may use any artwork/design for its own promotion and portfolio use.
  • Copyright of all graphic design work is retained by Elzanne Botha (Pty) Ltd 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 Elzanne Botha (Pty) Ltd as fulfilling the service. All other artwork designs remain the property of Elzanne Botha (Pty) Ltd unless agreed otherwise in writing.

Additional Design Tools, Software, and Costs:

  • Elzanne Botha (Pty) Ltd may require certain tool/software/services to support our efforts, such as specific premium website themes, paid/premium plug-in features, digital marketing reporting software, outsourced web development, advanced graphic design services, etc. that is specifically required by the client for custom purposes outside the general scope of works by Elzanne Botha (Pty) Ltd.
  • The Client agrees to be responsible for all cost either once-off or monthly for such tools/software/subscriptions.
  • Elzanne Botha (Pty) Ltd agrees that it will not purchase or subscribe to such software or services without pre-approval from The Client.

Web and Graphic Design Project Duration:

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

Rights of Refusal:

  • Elzanne Botha (Pty) Ltd will not include in its designs any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
  • All advertising material must conform to all standards laid down by all relevant advertising standards and authorities of South Africa.
  • Elzanne Botha (Pty) Ltd also reserves the right to refuse to include submitted material without giving reason.
  • In the case where images and/or data are provided to the Client by Elzanne Botha (Pty) Ltd in good faith, and Elzanne Botha (Pty) Ltd finds out that it contravenes these Terms and Conditions, the client is obliged to allow Elzanne Botha (Pty) Ltd to remove the contravention without hindrance, or penalty.
  • Elzanne Botha (Pty) Ltd is to be held in no way responsible for any such data being included.

Project Cancellation:

  • If a client cancels or alters any order/project at any time after Elzanne Botha (Pty) Ltd has received approval of said project, then Elzanne Botha (Pty) Ltd reserves the right to render additional cancellation costs to the date of such cancellation or alteration.

Authorization:

  • The Client agrees to give Elzanne Botha (Pty) Ltd access to all tools, software, websites, social media accounts, landing pages, ad accounts, etc. that they will need to access.
  • Elzanne Botha (Pty) Ltd will use best efforts to secure and protect all passcodes.
  • Only authorized representatives of Elzanne Botha (Pty) Ltd will be allowed to access passcodes and only on an as-needed basis.

Ownership to Deliverables: 

  • Elzanne Botha (Pty) Ltd or its partners retain the intellectual rights to all items previously owned by Elzanne Botha (Pty) Ltd/partner.
  • The Client retains the rights to all deliverables that are not marked as Elzanne Botha (Pty) Ltd’s property.
  • Items that are not specifically transferred to The Client will remain the property of their respective owners.
  • Elzanne Botha (Pty) Ltd may choose to give The Client a one-time lifetime license for use of any of its intellectual property.

Work Credit:

  • The Client agrees to allow Elzanne Botha (Pty) Ltd to use The Clients name and website for company promotions, online portfolio, on social media, in print material, etc. for advertising and promoting Elzanne Botha (Pty) Ltd’s services to other companies.

Non-Disclosure:

  • Elzanne Botha (Pty) Ltd, its employees, and subcontractors agree that, except as directed by The Client, it will not at any time during or after the term of the services disclose any non-public confidential information to any person whatsoever.
  • Likewise, The Client agrees that it will not convey any non-public confidential information obtained about Elzanne Botha (Pty) Ltd to another party.

Performance Liability:

  • WHEREAS, the parties acknowledge that the internet is neither owned nor controlled by any one entity; therefore, Elzanne Botha (Pty) Ltd can make no guarantee on the results that may be provided as a result of our work.
  • Elzanne Botha (Pty) Ltd represents that in good faith it shall make every effort to ensure that The Client’s design and digital/online marketing services are successful and leads are generated as a result of our work.
  • Elzanne Botha (Pty) Ltd does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice, or work will meet The Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free.
  • In no event will Elzanne Botha (Pty) Ltd be liable to the Client or any third-party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Design and Digital/Online Marketing Services or website(s), even if Elzanne Botha (Pty) Ltd has been advised of the possibility of such damages.

Indemnity:

  • The Client does hereby expressly agree to indemnify and hold harmless Elzanne Botha (Pty) Ltd, its owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project.
  • The Client hereby waives any and all claims which it may have, or which it may hereafter acquire, against Elzanne Botha (Pty) Ltd, its owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.

Lawful Purpose:

  • The Client may only use Elzanne Botha (Pty) Ltd’s design services for lawful purposes.
  • Transmission of any material in violation of any Government regulation is prohibited.
  • This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Services Termination:

  • Either party may terminate the service at any time, without penalty, if the other party fails to comply with these Terms and Conditions.
  • If The Client fails to comply with the Terms and Conditions and Elzanne Botha (Pty) Ltd refers the matter to an attorney, The Client agrees to pay reasonable attorney fees and agrees to compensate Elzanne Botha (Pty) Ltd for other collection costs and expenses it may occur.

Entire Understanding:

  • The Terms and Conditions constitutes the sole agreement between Elzanne Botha (Pty) Ltd and The Client regarding the use of services.
  • It becomes effective when the estimate or quotation is signed by the Client, and/or when the Client makes a payment for services rendered by Elzanne Botha (Pty) Ltd.

Subcontractors and Media Vendors:

  • In connection with Services provided hereunder, Elzanne Botha (Pty) Ltd has the right to utilize contractors, third-party companies, and vendors selected by Elzanne Botha (Pty) Ltd at its sole discretion (each a Vendor) to complete or support the completion of the work at hand.
  • Purchased work from Vendors shall be made under such terms Elzanne Botha (Pty) Ltd deems in its sole discretion as acceptable (Vendor Terms).
  • Elzanne Botha (Pty) Ltd will be responsible for all cost associated with the Vendor, unless the cost is provided directly to the Client, and the Client agrees in writing to pay said cost.

Force Majeure:

  • Non-performance by either party hereunder, other than an obligation to pay money, shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, acts of God, or any other reason to the extent that the failure to perform is beyond the control of the non-performing party.

Agreement:

  • Both parties agree that the above Terms and Conditions of Service are considered acceptable, legal, and legally binding.
  • By paying for the services provided by Elzanne Botha (Pty) Ltd, the Client automatically agrees to the above Terms and Conditions of Service.