TERMS AND CONDITIONS
Effective Date: June 1, 2025
Company Name: CWICKCRAFT DESIGNS (Pty) Ltd
Registration Number: 2025/144110/07
Email: legal@cwickcraft.com
These Terms and Conditions (“Terms”) govern all services provided by CWICKCRAFT DESIGNS to its clients. By engaging our services or making any payment, you (“Client”) agree to be bound by these Terms in their entirety.
1. Definitions
1.1 “Business Day” means any day other than a Saturday, Sunday or South African public holiday.
1.2 “Confidential Information” means any information (whether in written, electronic or other form) disclosed by one party to the other that is marked confidential or which ought reasonably to be considered confidential.
1.3 “Deliverables” means the final work product provided to the Client pursuant to a Service Agreement, including but not limited to website files, design assets, code, documentation and reports.
1.4 “Force Majeure Event” means any cause beyond the reasonable control of CWICKCRAFT DESIGNS, including acts of God, war, riot, strike, pandemic, acts of government, or failure of suppliers.
1.5 “Maintenance Plan” refers to any subscription service providing website maintenance, updates, backups, security monitoring and related support.
1.6 “Project” means the specific web design, digital design or maintenance engagement described in a Quotation or Service Agreement.
1.7 “Quotation” means the written estimate provided by CWICKCRAFT DESIGNS describing scope, fees, deliverables and timeline.
1.8 “Services” means all web design, digital design, maintenance, hosting, consultation and related services offered by CWICKCRAFT DESIGNS.
2. Scope of Services
2.1 CWICKCRAFT DESIGNS shall perform the Services described in each Quotation and Service Agreement in a professional and timely manner in accordance with industry standards.
2.2 Any change to the scope of Services must be agreed in writing and may entitle CWICKCRAFT DESIGNS to additional fees and a revised timeline.
3. Formation of Agreement
3.1 A binding contract arises when the Client returns a signed Quotation or pays any deposit referred to in the Quotation.
3.2 CWICKCRAFT DESIGNS will not commence work until the deposit has been received in cleared funds.
4. Fees and Payment
4.1 Web Design and Digital Design Projects require a non‑refundable deposit of fifty percent (50%) of the total Project fee (“Deposit”) upon acceptance of the Quotation. The remaining fifty percent (50%) is due upon completion of the Project and prior to delivery of final Deliverables.
4.2 Maintenance Plan fees are invoiced monthly in advance and are due on the same day of each 30‑day billing cycle. A grace period of seven (7) calendar days may be requested in writing but is subject to CWICKCRAFT DESIGNS’ sole discretion.
4.3 All fees are exclusive of Value Added Tax (VAT), which will be charged where applicable.
4.4 If the Client disputes any invoice, the undisputed portion remains payable and any dispute must be notified in writing within seven (7) Business Days of the invoice date.
5. Client Obligations
5.1 The Client shall provide all content, branding materials, images, passwords, access credentials and approvals necessary for CWICKCRAFT DESIGNS to deliver the Services.
5.2 Delays in Client’s provision of materials or approvals shall suspend the Project timeline until such materials or approvals are received.
5.3 The Client warrants that any materials provided do not infringe third‑party rights.
6. Deliverables and Timelines
6.1 Timelines specified in Quotations commence upon receipt of the Deposit and all required materials.
6.2 CWICKCRAFT DESIGNS shall use reasonable endeavours to meet quoted delivery dates but shall not be liable for delays caused by Force Majeure Events or the Client’s failure to cooperate.
6.3 Upon completion, CWICKCRAFT DESIGNS will notify the Client, who shall have five (5) Business Days to review and approve or request revisions.
7. Revisions
7.1 Web Design Packages include a specified number of revision rounds for minor changes only, as set out in each package’s description.
7.2 Digital Design Services include a fixed number of revision rounds for minor adjustments. Unlimited revisions are not offered.
7.3 Requests for revisions beyond the included rounds or outside the scope of minor adjustments will be treated as additional services and billed at the prevailing hourly rate.
8. Maintenance Plans
8.1 Maintenance Plans are offered on Basic, Standard and Premium tiers, each with specified inclusions.
8.2 Services not included in the selected tier (such as major redesigns, new feature development or third‑party licence costs) will be quoted separately.
8.3 Maintenance Services do not accumulate and expire at the end of each billing cycle.
9. Ownership and Intellectual Property
9.1 Upon full payment, CWICKCRAFT DESIGNS hereby assigns to the Client all intellectual property rights in the Deliverables.
9.2 CWICKCRAFT DESIGNS retains ownership of all preliminary materials, concepts and tools used to create the Deliverables.
9.3 The Client grants CWICKCRAFT DESIGNS a non‑exclusive licence to display the Deliverables in its promotional portfolio unless the Client requests confidentiality in writing.
10. Confidentiality
10.1 Each party shall keep confidential all Confidential Information of the other party and shall not disclose it to any third party except as required by law.
10.2 The obligations of confidentiality survive termination of this Agreement for a period of five (5) years.
11. Data Protection
11.1 CWICKCRAFT DESIGNS will comply with the Protection of Personal Information Act (POPIA) in respect of personal data processed in connection with the Services.
11.2 Personal data will only be collected and used for the purposes of delivering Services and communicating with the Client.
11.3 CWICKCRAFT DESIGNS will not sell, rent or share personal data with unaffiliated third parties.
12. Liability and Indemnity
12.1 CWICKCRAFT DESIGNS’ total liability for any claim arising under or in connection with these Terms shall not exceed the total fees paid by the Client for the Services in the six (6) months preceding the claim.
12.2 Neither party shall be liable for indirect, special, consequential or punitive damages.
12.3 The Client indemnifies CWICKCRAFT DESIGNS against all claims, losses, liabilities, costs and expenses arising from the Client’s breach of these Terms or infringement of third‑party rights.
13. Termination
13.1 Either party may terminate this Agreement immediately if the other party commits a material breach and fails to remedy it within ten (10) Business Days of written notice.
13.2 Upon termination, the Client shall pay for all Services rendered and Deliverables provided up to the date of termination.
14. Force Majeure
14.1 Neither party shall be liable for any failure or delay in performance caused by a Force Majeure Event.
14.2 The affected party shall notify the other promptly and use reasonable endeavours to mitigate the effects of the Force Majeure Event.
15. Dispute Resolution
15.1 Parties shall first attempt to resolve any dispute amicably through good‑faith negotiations.
15.2 If unresolved within fifteen (15) Business Days, the dispute may be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA).
15.3 If mediation fails, either party may pursue arbitration or court proceedings in the Republic of South Africa.
16. Governing Law and Jurisdiction
16.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
16.2 The parties submit to the non‑exclusive jurisdiction of the South African courts.
17. Amendments
17.1 CWICKCRAFT DESIGNS may amend these Terms from time to time by publishing the updated version on its website.
17.2 Any material changes will be notified to the Client in writing. Continued use of the Services after notification constitutes acceptance of the amended Terms.
18. Notices
18.1 All notices under these Terms must be in writing and sent to the email address of the other party as set out above.
18.2 Notices shall be deemed received on the date of delivery if sent by email and on the second Business Day after posting if sent by prepaid registered post.
19. Entire Agreement
19.1 These Terms, together with any Quotation, Service Agreement and schedules, constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral.
By proceeding with CWICKCRAFT DESIGNS’ services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in full.