The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by MIN Creative Co (Pty) Ltd t/a MIN Creative Co, for and on behalf of any Client(s) who have duly accepted MIN Creative Co’s quotation(s) for any such products and/or services, and therefore authorised MIN Creative Co to render the aforementioned products and deliver said services.
MIN CREATIVE CO
TERMS & CONDITIONS
Updated on 11 January 2021
General Terms & Conditions:
- Project Specifications.
1.1. The Client must supply the Project Specifications to MIN Creative Co for MIN Creative Co to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with the creation of a Project Specifications, MIN Creative Co can assist the Client.
(This time may be billed to the Client at the discretion of MIN Creative Co.)
1.3 Clients may use the ‘Brief Us’ form that we have created on our website to assist them in creating a project specification.
2.1. Quotations are valid for 5 (five) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
2.3. Quotations are only for work specified, additional work or changes will be quoted or invoiced as agreed separately.
2.4. Any periods provided for in the Quotation or otherwise are guidelines only. MIN Creative Co undertakes to complete products and/or services within a reasonable period.
3.1. Upon a Client accepting the MIN Creative Co Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1. Once MIN Creative Co has received notification of the Client’s acceptance of the Quotation, with or without variation, MIN Creative Co will provide the Client with an invoice for 50% of the Quoted (or variation of the Quotation amount as agreed upon between the Client and MIN Creative Co in writing) as a deposit to commence work.
4.2. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to MIN Creative Co’s stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
4.3. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by MIN Creative Co.
4.4. MIN Creative Co commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.5. MIN Creative Co can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.6. MIN Creative Co endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
5.1. Deposit(s) are non-refundable unless MIN Creative Co, at their sole discretion, decides otherwise. The decision by MIN Creative Co is based on the factors surrounding the project in question and is non-negotiable.
- Required Documentation.
6.1. Required documentation refers to any information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, etc.
6.2. The Client is to provide all Required Documentation electronically to MIN Creative Co, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
6.4. If the Client does not supply MIN Creative Co with the Required Documentation within 20 (twenty) calendar days from the Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with MIN Creative Co.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from the Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. MIN Creative Co, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3. If and when MIN Creative Co are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. MIN Creative Co does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
- Graphic Images.
8.1. Unless otherwise agreed upon by the Parties (see Clause 9 below), the Client shall supply all content wording to be published in accordance with the specified products and/or services.
8.2. Written Content must be supplied by the Client as formatted text (as the Client specifies it to appear), unless otherwise agreed to by MIN Creative Co to design the layout thereof.
8.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications unless otherwise agreed upon between the parties beforehand.
8.4. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
8.5. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
8.6. Photographs supplied by the Client must be of high digital quality and applicable format.
- Photographs and Videos.
9.1. If agreed upon by the Parties, MIN Creative Co will take photographs, videos of the site or objects chosen by the Client and/or film interviews for any project.
9.2. The taking of photographs or videos will be quoted separately and may form part of the amount quoted for any project.
9.3. Videos and interviews will be quoted as a separate amount from the project, which amount will be dependent on factors including but not limited to distance travelled, amount of footage reasonably necessary and editing requirements.
9.3.1. The quoted amount for the videos and interviews will include and be limited to a background video for the Client’s project and short interview clips to be placed on the project, respectively.
9.3.2. If the Client requires a Promotional Video, MIN Creative Co will create such and upload it to YouTube and other social media sites and platforms as requested by the Client. Promotional Videos will be quoted separately.
9.4. Petrol and travel time will not be charged extra and will form part of the amount quoted for photographs, videos and interviews as long as the site at which the content must by filmed is within a 20km radius of MIN Creative Co’s registered office. If the said sit falls outside the 20km radius petrol will be invoiced at AA rates for distance travelled.
10.1. MIN Creative Co does not offer any printing products and/or services, therefore MIN Creative Co takes no responsibility for print or Printing errors.
10.2. Completed graphic design, logo, or any artwork by MIN Creative Co will be e-mailed to the Client, and the Client will agree directly with the printer of their choice.
10.4. MIN Creative Co may facilitate the printing order on behalf of the client to a suggested printing company.
10.5. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
- Website Hosting.
11.1. Hosting via MIN Creative Co
11.1.1. Hosting via MIN Creative Co allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof. Overage pricing/rates are explained in the quotes.
11.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month unless committed to payment through an electronic funds transfer, in which instance the last calendar day is applicable.
11.1.3. Hosting fees are payable from the date of domain registration, transfer to MIN Creative Co hosting and if applicable, from the start of website development by MIN Creative Co.
11.1.4. Payments not received by the 1st of each month automatically suspends the Client’s Hosting service, thus risk deactivating the Client’s website. This can be waved at the sole discretion of MIN Creative Co, without giving up any rights as per the terms and conditions.
11.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
11.1.6. Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
11.1.7. MIN Creative Co reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears per these Terms and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or e-mailed to email@example.com, on or before the 1st of the new month as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with MIN Creative Co, thus enabling release to transfer to a Third Party Hosting Service Provider.
11.1.10. MIN Creative Co uses the world’s leading WordPress host, WP Engine. MIN Creative Co cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
11.1.11 Should there be any website downtime, due to reasons outlined in 11.1.10, MIN Creative Co will do everything they can to resolve the situation. If there are credits passed on from WP Engine, this will be shared with the clients.
11.1.12 Should the hosting be cancelled as outlined in 11.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by MIN Creative Co, this can be arranged. Time spent by MIN Creative Co will be billed to the client.
11.2. Hosting via a Third Party Service Provider.
11.2.1. If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
11.2.2. MIN Creative Co will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with MIN Creative Co.
11.2.3. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
11.2.4. MIN Creative Co will however assist the Client upon request with Third-Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of MIN Creative Co.
- Search Engine Optimization (SEO).
12.1. MIN Creative Co can not guarantee search positions or rankings of websites but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. MIN Creative Co can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
13.1. MIN Creative Co is able to set up E-commerce and online shopping on a Client’s website if requested.
13.2. MIN Creative Co will load up to 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
13.3. Should the Client require MIN Creative Co to load more than the aforementioned 10 loaded products, MIN Creative Co will issue the Client a Quotation accordingly.
- Balance of Payment.
14.1. On completion of the Client’s website, the website will be activated for 5 (five) consecutive workdays, in order for the Client to preview and respond with amendments and/or improvements, within these 5 calendar days, in writing by e-mail.
14.2. Reviews or Changes that fall outside the scope of the original Project Specifications, referred to as Scope Creep, will be quoted and invoiced over and above the original Quotation. Please see Addendum A for a list and description of Scope Creep.
14.3. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
14.4. Should MIN Creative Co not receive a reply within 5 (five) consecutive calendar days via e-mail, the Client’s website is considered finalised and complete. Therefore, MIN Creative Co takes no responsibility for website content errors hereafter.
- Completion Date.
15.1. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
15.2. Once the requested changes in Clause 14 above have been brought about and the project has been completed, MIN Creative Co will invoice the Client for the Balance of Payment. The Balance of Payment as stated on the Invoice must be paid into MIN Creative Co’s stipulated bank and account details as provided on the said Invoice, within 5 (five) consecutive calendar days of the date on the Invoice. Once payment has been received by MIN Creative Co it will be allocated to said Invoice.
15.3. All work remains the property of MIN Creative Co until the full and final payment.
15.4. Activation of the Client’s website is conditional on Clause 15 in its entirety and the website will remain on “Under Construction” status until full and final payment has been received.
15.5. Please note that any further adjustments or amendments after the Completion Date will be at an additional cost as set out in Terms and Conditions 19.
- Additional Work
16.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement will be billed in accordance to these Terms and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
16.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with MIN Creative Co remain the responsibility of the Client.
16.4. MIN Creative Co may suggest Additional Work for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s project functionality and appearance, and reserves the right to do so free of charge or MIN Creative Co will issue the Client a Quotation accordingly.
- Maintenance Agreement.
17.1. The Client will only be able to sign up and make use of MIN Creative Co’s Maintenance Service once all outstanding balances have been received in terms of Clause 15.
17.2. MIN Creative Co will invoice the Client on the 25th of each month for Maintenance Services for the following month and such amount must be paid within 5 (five) calendar days after the Invoice date.
17.3. Maintenance Service fees are payable from the date of completion of the website as set out in Clause 15.
17.4. MIN Creative Co will not undertake any maintenance on the Client’s website until payment has been received for the Maintenance Service.
17.5. Maintenance Plans are limited to Software Updates, Monthly Backup’s, Content Changes and Uploads, Website Design Additions & Additional Pages as quoted or agreed upon between in the Parties in writing. Scope Creep will not be tolerated.
17.6. The Client is to provide all Required Documentation for updates or changes to the Client’s website electronically to MIN Creative Co unless they are to be created as part of the project, no less than 5 (five) calendar days before such update is to be launched on the website.
17.7. MIN Creative Co takes no responsibility for delayed updates if the Client fails to comply with 17.6. above.
17.8. MIN Creative Co reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
17.9. Maintenance Service cancellations are only accepted in writing, e-mailed to firstname.lastname@example.org, on or before the 24th of the previous month. All outstanding payments must be paid up to date before cancellation.
- Service Agreement.
18.1. The Client may request from MIN Creative Co, access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies MIN Creative Co from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
18.2. A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website. But no guarantee can be made that a restoration will fix any problems created by the client’s errors.
18.3. MIN Creative Co commit to responding to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 5 (five) working days.
18.4. MIN Creative Co is not an IT company and does not provide IT services outside the scope of the products and /or services as stated in these Terms and Conditions. MIN Creative Co has the sole discretion to determine whether they are willing to perform additional IT services and the Client will be quoted and invoiced accordingly.
18.5 MIN Creative Co are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid and up to date.
- Invoices and Statements.
19.1. MIN Creative Co is not a credit service provider and does not grant any credit facilities whatsoever.
19.2. Client Statements and accounts do not imply negotiable payment terms and are issued per the nature of MIN Creative Co being a month-to-month service provider.
19.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon MIN Creative Co having confirmed receipt of said funds.
19.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
19.5. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.
20.1. MIN Creative Co is not a credit service provider and does not grant any credit facilities whatsoever.
20.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of MIN Creative Co being a month-to-month service provider.
20.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Valkyri Web having confirmed receipt of said funds.
20.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
- Legal Costs.
21.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from MIN Creative Co’ legal representative(s), and the full outstanding balance becomes payable.
21.2. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.
22.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 10 (ten) calendar days of the Invoice date.
22.2. MIN Creative Co will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
22.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
22.4. MIN Creative Co reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
23.1. MIN Creative Co will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third-party applications or the Client’s website.
23.2. MIN Creative Co’ Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
24.1. Unless specifically requested to the contrary, MIN Creative Co shall be entitled to sub-contract any work to any third parties as it thinks fit. MIN Creative Co shall not be responsible to The Client for any delays occasioned by a sub-contractor failing to meet deadlines imposed upon it by MIN Creative Co for completion of any job, for any reason outside the direct control of MIN Creative Co.
- Performance, Delivery, or Collection.
25.1. Unless otherwise agreed in writing, all times quoted for performance or delivery or availability for collection are given in good faith but are not guaranteed by MIN Creative Co. The time for performance or delivery or availability for collection shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from The Client.
25.2. Alteration by The Client of its requirements may result in a delay in performance, delivery and/or availability for collection for which MIN Creative Co shall bear no liability. MIN Creative Co shall not be held liable for any delay in print production and late delivery thereof.
25.3. Any packaging supplied by MIN Creative Co, unless otherwise expressly agreed, is intended to provide adequate protection throughout normal conditions of transport by the means specified in the agreement or as otherwise agreed.
25.4. If The Client (or the intended recipient) fails to take delivery on the agreed date or to collect on the agreed collection date, or if no specific delivery or collection date has been agreed, when the goods are ready for dispatch, MIN Creative Co shall be entitled to store the goods and to charge The Client the reasonable cost of doing so, and to tender its account for such charges to The Client, provided that in no event shall MIN Creative Co be under any liability in respect of any loss or damage following the dispatch of any goods from the Company’s premises.
- Proofing and Testing
26.1. To limit any possible errors in artwork, designs will not go to production until they have been approved by The Client. MIN Creative Co will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.
- Project Credits
27.1. The Client agrees to allow MIN Creative Co to place a small credit on printed material exhibition displays, advertisements and/or a link to MIN Creative Co’s website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
27.2. The Client agrees to allow MIN Creative Co to place projects on MIN Creative Co’s website and social media for demonstration purposes and to use any designs in its own publicity. This includes cancelled projects and projects not been finalised within a 6-month period.
- Confidentiality and Exclusivity
28.1. It is MIN Creative Co’s duty not to disclose any confidential information of The Client during or after MIN Creative Co’s appointment without The Client’s permission. However, this does not apply to the information already in the public domain or which subsequently comes into the public domain.
28.2. The Client acknowledges that it is MIN Creative Co’s right to use any general marketing and advertising intelligence, which MIN Creative Co has gained during this appointment.
28.3. The Client views any breach by MIN Creative Co of its confidential business information as serious and reserves the right to enforce the confidentiality of such information by any legal means available to it, including but not limited to, injunctive relief.
28.4. The Client agrees not to employ MIN Creative Co’s personnel during the tenure of the contract and for a subsequent period of one year from the date of its termination or project completion.
29.1. MIN Creative Co reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
29.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on MIN Creative Co’s own website.
Scope Creep is when our Clients responsibilities and expectations are growing far beyond the initial requirements. This can lead to additional project scope, time and budget to MIN Creative Co.
Scope Creep is a term used when the magnitude of a project exceeds or creeps past the boundaries of its original goals and objectives.
Scope creep can come in many different forms (i.e more requirements, shortening deadlines, requiring discounts). It is often because our clients want to add additional features to the original Project Specification. Some of the common forms of scope creep include but are not limited to:
1. Fresh images on each site visit.
2. Unlimited images, galleries and slideshows
3. Company Logo’s, Letterheads, Business Cards and Flyers
4. Page counters
5. Web copy and content writing
6. Creating additional pages
7. Change of look and feel of the website once completed
8. Blogging services
9. Social media account set up and management
10. Social media icons and feeds
11. Periodic updates
12. SEO services
14. Video Content
15. Web application design
16. Product Uploads
The above is not included in the original Quote for project design and will either be included in a Maintenance Service which is quoted separately after project completion or will be offered as a service at MIN Creative Co’s discretion and quoted and invoiced accordingly.
Setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with MIN Creative Co remain the responsibility of the Client.