Terms & Conditions
This document outlines certain key terms and conditions ThinkStory (Pty) Ltd and you, our client. We have attempted to do our best to set out these terms in plain English. If you have any questions, please get in touch with us to discuss these terms. If you brief us to provide you with services, or accept any quote provided by us, or otherwise request us to do work for you, these terms and conditions (and the terms and conditions here) will govern our relationship.
Specific portions of these terms and conditions have been highlighted to bring them to your attention. This is done because these sections may:
1. Restrict our risk or liability.
2. Impose a risk or liability on your part.
3. Require you to indemnify us.
4. Constitute an acknowledgement of certain facts by you.
Project Acceptance
Before the start of a project, you will be provided with a quotation setting out the scope of the work to be performed, an indicative timeline within which the work will be performed and our charges for the work to be performed.
A copy of the quotation is to be signed, dated and returned to us to indicate your acceptance, along with proof of your deposit payment. If you do not return a signed quote, but otherwise instruct us to perform work for you, you will be deemed to have accepted the quote and these terms.
Any quote is valid for 30 days.
Payments
Upon acceptance of the quotation, you will receive a 50% non-refundable electronic invoice, and work on your project will commence upon receipt of payment. Upon project completion, a final electronic invoice for the remaining 50%, along with charges for any additional work, will be issued. No project work or website release will occur until the final payment is received.
All payments are due within 30 days of the electronic invoice date, conducted via EFT into a designated bank account. Unsettled amounts after 7 days will incur interest at prime (as charged by our bankers) plus 5% from the due date until date of payment, compounded monthly in arrears. Failure to pay may result in the removal of our work and suspension of services until full payment is received, without relieving you of the obligation to settle outstanding amounts.
VAT is included in all invoices. ThinkStory (Pty) Ltd invoices for all services provided, and please be aware that our charges do not:
1. encompass the release of copyright design source files, which can be acquired at an additional cost;
2. include any third-party licenses, approvals, or consents, unless these have been specifically quoted for by us.
Co-Operation
We want to emphasize a symbiotic relationship between you and L&M to ensure the success of the services provided. You are entrusted with the responsibility of sharing pertinent information crucial for effective service execution, encompassing comprehensive details about your business processes, goals, preferences, and any factors that we should know or are relevant to us providing you with the best service possible. Timeliness in providing this information is paramount, as delays may impede the overall service delivery schedule.
Recognising the direct impact of shared information on service quality, your obligation extends to ensuring the accuracy, completeness, and relevance of the provided details.
You must provide us with all relevant information and content (written and imagery) prior to the start of the project. We may also request additional information and content from you during the course of the project.
Please submit written content in an editable format, such as Word or Excel, and ensure thorough content review before handing it over to us. Unless our quotation explicitly encompasses copywriting services, we shall not bear responsibility for any grammar, spelling, or other content errors.
Imagery content must be provided to us via Dropbox, flash drive, or other transfer method chosen by us, and must be labelled and categorised correctly. Any images provided to us must be of good quality and size and suitable for the use it is intended. Unless our quotation includes imagery processing services, we will not be liable for any image quality issues.
If any information or content is not provided to us within 5 working days of request by us, you agree that the overall quotation provided by us will be increased by 5% for each week that the requested information or content remains outstanding.
Third-Party Service Providers
In the event that third-party service providers are engaged to fulfil aspects of the project, such selection will be subject to your prior approval. All associated costs incurred through the utilization of these third-party services will be your responsibility. We expressly disclaim any liability for losses incurred by you resulting from the engagement of such service providers. Your approval serves as acknowledgment of your assumption of all financial responsibilities associated with the involvement of third-party services.
Content
You warrant that all content provided to us by you or your agents:
• does not infringe any law;
• does not infringe any third party’s rights, including any intellectual property rights;
• can be used by us in the manner intended in order to perform the services.
We reserve the right to exclude any content which we deem to not comply with the guidelines set out above. In addition, should we use any of your content in our work, and later discover that it does not comply with the guidelines set out above, we will be entitled to remove it from our work.
To the fullest extent permissible in law, you hereby indemnify us against any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with, you providing us with content which breaches the warranties set out above.
All intellectual property rights in and to any content provided by you, will remain with you, but you hereby grant us permission to use the content in respect of the project.
Reverts
Each project includes 2 revision opportunities. This implies that you have the right to request two sets of reasonable modifications at no extra cost before finalizing the project. All change requests must be submitted in writing and must fall within the parameters outlined in the original quotation. Any additional alterations beyond the allocated 2 revisions will incur charges at our standard hourly rate.
In the absence of further change requests, we will deem the project complete once the 2 revision opportunities have been utilized. If you do not make use of the 2 revisions within 5 working days of our request to do so, we will consider the project concluded. Any alterations or updates requested after project completion will be subject to charges at our standard hourly rate.
Project Changes
We will not be responsible for any unauthorised changes made by you or any third parties to our work, either during the project or after the project has been completed. To the fullest extent permissible in law, we will not be liable for, and you hereby indemnify us against, any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with, any such changes.
Standard Terms and Conditions
The terms set out herein, and the terms set out here will govern our relationship. Please indicate your acceptance of these terms in reply by email. Alternatively, should you accept a quote, pay a deposit, or otherwise indicate (either tacitly, impliedly, or explicitly) that you wish to engage us for our services, you will be deemed to have accepted the terms of this document, and the terms and conditions.
