**Terms and Conditions for Visual Pixel (Pty) Ltd**
These Terms and Conditions (“Agreement”) govern the services provided by **Visual Pixel (Pty) Ltd**, which include **Website Development, Email Services, Business Card Design, Business Letterhead Design, Email Signature Design, and Logo Design** (“Services”). By engaging Visual Pixel (Pty) Ltd, the Client agrees to these terms.
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1. **Definitions**
– **”Client”**: The person or business entity engaging the services of Visual Pixel (Pty) Ltd.
– **”Services”**: The website development, email services, business card design, business letterhead design, email signature design, and logo design provided by Visual Pixel (Pty) Ltd.
– **”Deliverables”**: The final product/output delivered to the Client based on the Services.
– **”Agreement”**: This document, along with any signed project-specific proposals or quotations.
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2. **Scope of Services**
Visual Pixel (Pty) Ltd offers the following services:
– **Website Development**: Designing and developing websites based on Client requirements.
– **Email Services**: Setup and configuration of business email accounts.
– **Business Card Design**: Professional design of business cards with customized branding.
– **Business Letterhead Design**: Creation of branded business letterheads for digital and print use.
– **Email Signature Design**: Custom-designed professional email signatures.
– **Logo Design**: Creation of logos tailored to the Client’s brand identity.
The specific scope and project details will be outlined in an individual project proposal, which will be signed by both parties before commencement of any work.
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3. **Deposit and Payment Terms**
– **50% Deposit**: A non-refundable deposit of **50%** of the total project cost is required before any work begins. This deposit ensures the reservation of our time and resources for the project.
– **Non-refundable**: The deposit is non-refundable under any circumstances, including cancellation of the project by the Client.
– **Balance Payment**: The remaining balance must be paid **in full upon project completion**, and no later than the **agreed date** specified in the project proposal or invoice. The final deliverables will not be released until full payment is received.
– **Payment Methods**: Payments can be made via **EFT (Electronic Funds Transfer)** or through a **card machine**. Any bank fees or transaction charges related to payment will be borne by the Client.
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4. **Web Hosting and Domain Renewal**
– **Web Hosting Fees**: The Client is **responsible for the monthly payment** of web hosting fees. These fees are charged directly by the hosting provider, and Visual Pixel (Pty) Ltd is not liable for any missed payments or service disruptions due to non-payment.
– **Domain Renewal Payments**: The Client is also responsible for **yearly renewal payments** for domain names. It is the Client’s responsibility to ensure timely payment of renewal fees to avoid the loss of their domain or website downtime.
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5. **Revisions and Approval Process**
– **Design Services**: Includes **two rounds of revisions** on each design deliverable (logo, business cards, letterheads, email signatures). Additional revisions will incur extra charges as outlined in the proposal.
– **Website Development**: Includes **two rounds of revisions** before the website goes live. Additional changes beyond this scope will be charged at the rate specified in the project proposal.
– The Client is responsible for reviewing and approving all designs and development work. Upon approval, any further changes will be subject to additional fees.
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6. **Project Deadlines**
– The timeline for each project will be defined in the proposal or quotation accepted by the Client. Delays caused by the Client, such as late feedback, missing content, or lack of approvals, may extend the deadline, for which Visual Pixel (Pty) Ltd will not be held responsible.
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7. **Client Responsibilities**
– The Client must provide all necessary content, images, logos, and other required materials in a timely manner to ensure smooth project progress.
– The Client is responsible for ensuring the accuracy of all information provided (e.g., business name, contact details).
– The Client is responsible for maintaining and managing any third-party services (e.g., hosting and domain registration), including timely payment of fees to those providers.
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8. **Ownership and Intellectual Property**
– **Final Deliverables**: Upon receipt of full payment, the Client will own the rights to the final deliverables, including websites, designs, and logos.
– **Retained Rights**: Visual Pixel (Pty) Ltd retains the right to use the completed designs and websites for portfolio and marketing purposes unless otherwise agreed upon in writing by the Client.
– **Third-Party Materials**: If third-party materials (such as fonts, stock images, etc.) are used, the Client may be required to purchase the appropriate licenses for long-term use.
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9. **Late Payments and Penalties**
– Payments are due as per the agreed-upon schedule. If the full payment is not made by the **agreed date**, the Company reserves the right to charge a **10% late payment fee** per month on the outstanding amount.
– Delays in payment will also result in the withholding of deliverables until full payment is received.
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10. **Termination of Services**
– Either party may terminate this Agreement by providing **7 days’ written notice**. If the Client terminates the project, the non-refundable deposit will be retained by Visual Pixel (Pty) Ltd, and the Client will be responsible for paying for any work completed up to the date of termination.
– If Visual Pixel (Pty) Ltd terminates the project due to non-payment or breach of these terms, all work completed will remain the property of Visual Pixel (Pty) Ltd until full payment is received.
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11. **Liability and Indemnity**
– Visual Pixel (Pty) Ltd will not be held responsible for any indirect, incidental, or consequential damages arising from the use of the deliverables or the Services provided.
– The Client agrees to indemnify and hold Visual Pixel (Pty) Ltd harmless from any legal claims, liabilities, or damages arising from the use or misuse of the deliverables.
– The Company is not responsible for any data loss, security issues, or downtime related to third-party services such as hosting providers or email servers.
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12. **Warranty**
– Visual Pixel (Pty) Ltd warrants that all services provided will be carried out with reasonable skill and care.
– However, the Company does not guarantee that the website or email services will be error-free or that the results will meet specific business goals.
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13. **Confidentiality**
– Both parties agree to keep confidential all sensitive information shared during the project, including business strategies, financial information, and proprietary content.
– Visual Pixel (Pty) Ltd will not share any of the Client’s information with third parties without prior written consent.
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14. **Force Majeure**
– Visual Pixel (Pty) Ltd is not responsible for any delays or failure to perform its obligations due to causes beyond its reasonable control, including natural disasters, power failures, or other unforeseen events.
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15. **Amendments**
– Visual Pixel (Pty) Ltd reserves the right to update these Terms and Conditions from time to time. Any changes will be communicated in writing, and updated terms will apply to future projects.
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16. **Governing Law**
– This Agreement is governed by the laws of South Africa. Any disputes arising from this Agreement shall be resolved in the courts of Johannesburg.
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17. **Entire Agreement**
– These Terms and Conditions, together with any signed project proposals, represent the entire agreement between the Client and Visual Pixel (Pty) Ltd and supersede any prior discussions or agreements.
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**Contact Information:**
**Visual Pixel (Pty) Ltd**
Email: [info@visualpixel.com]
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These Terms and Conditions ensure clear expectations between Visual Pixel (Pty) Ltd and the Client to foster a professional and successful working relationship.