Please read the Terms and conditions.
Brandway Terms and Conditions is devided into deffrent segments – General | Website Terms | Social Media Terms etc. Please click on the terms you want to view to be directed to the Terms and Condition for the services below. Make sure to understand it.
‘Business Day’ means a day (other than a Saturday, Sunday or public holiday)
‘Contract’ means the contract between the Company and the Client for the supply of Services governed by these Terms and the Order.
‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the Order.
‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
‘Group Company’ means a company which is a subsidiary or holding company of the Company, as defined in section 1159 of the Companies Act 2006.
‘Company’ means BrandWay SA
‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Order’ means the order placed by the Client through counter-signing the Company’s Quotation form.
‘Order Form’ means a Quotation form counter-signed by the Client which together with these terms and conditions shall form a binding contract.
‘Quotation’ means the written quotation prepared by the Company which contains its proposals for providing Services to the Clients.
‘Services’ means the services the Company will provide to the Client as specified in the Order.
‘Specification’ means the description or specification of the Services in the Order.
‘Terms’ means these terms and conditions as updated from time to time by the Company.
‘VAT’ means value added tax chargeable under English law for the time being and any similar additional tax.
‘White Label Work’ means Services provided by the Company to a Client who rebrands these services as their own for the benefit of their client.
The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Company and the Client relating to these Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Brandway SA PTY LTD (the “Services”). As used in this Agreement, “Brandway SA PTY LTD” means Brandway SA PTY LTD and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Brandway SA PTY LTD site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Brandway SA PTY LTD” refers to the Site located at the URL https://www.brandway.co.za or any other successor Sites owned or maintained by Brandway SA PTY LTD
The following terms and conditions apply to all website development / design services provided by JS-Solutions Networks to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Brandway SA PTY LTD are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 21 days. Brandway SA PTY LTD reserves the right to alter or decline to provide a quotation after expiry of the 21 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before we can proceed with the services. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. The Client then have 7 Days to make the remaining payment after the website is approved by both parties.
Brandway SA PTY LTD will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client Brandway SA PTY LTD within three (3) days of the date the materials are made available to the Client. The client will receive one revision upon completion of the website, This means the client have one opportunity to review the site and give feedback in one email, word document. If the client send another revision after the first one the client will be charge for an extra revision.
Brandway SA PTY LTD will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Brandway SA PTY LTD receiving initial payment, unless a delay is specifically requested by the Client and agreed by Brandway SA PTY LTD. But Turnaround time for websites can range from 7 – 14 Working day. Unless specified otherwise
In return, the Client agrees to delegate a single individual as a primary contact to aid Brandway SA PTY LTD with progressing the commission in a satisfactory and expedient manner.
During the project, Brandway SA PTY LTD will require the Client to provide website content; text, images, movies and sound files and more
Brandway SA PTY LTD is a small business, to remain efficient we must ensure that work we have designed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within 1 week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, pdf, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Invoices will be provided by Brandway SA PTY LTD upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
The client agrees to reimburse Brandway SA PTY LTD for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, Plugins etc.
Brandway SA PTY LTD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Brandway SA PTY LTD cannot guarantee correct functionality with all browser software across different operating systems.
Brandway SA PTY LTD cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Brandway SA PTY LTD reserves the right to quote for any work involved in changing the website design or website content for it to work with updated browser software.
Accounts unpaid (30) days after the due date of invoice will be considered in default. If the Client in default maintains any information or files on Brandway SA PTY LTD Web space, Brandway SA PTY LTD will, at its discretion, remove all such material from its web space. Brandway SA PTY LTD is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will result in the Client’s account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Brandway SA PTY LTD reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Brandway SA PTY LTD in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Brandway SA has the full right to terminate your website and remove it from our servers if the final payment has not been received a month after the due date. And Brandway SA are able to open a case from Small Claim court for outstanding payments.
All Brandway SA PTY LTD services may be used for lawful purposes only. You agree to indemnify and hold Brandway SA PTY LTD harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Brandway SA PTY LTD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Brandway SA PTY LTD permission and rights for use of the same and agrees to indemnify and hold harmless Brandway SA PTY LTD from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Brandway SA PTY LTD that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Brandway SA PTY LTD to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
A link to Brandway SA PTY LTD will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Brandway SA PTY LTD portfolio.
If the Client’s website is to be installed on a third-party server, Brandway SA PTY LTD must be granted temporary read/write access to the Client’s storage directories which must be accessible via Cpanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Brandway SA PTY LTD cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by South African Law.
Brandway SA PTY LTD hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Brandway SA PTY LTD to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
The client of Brandway SA have time to make the final payment after the website has been completed due to receipt, There will be a late payment fee of R100 per day if payment is not received. The client’s website and services provided by Brandway will be put on hold until final payment has been received.
Brandway SA strives to deliver the highest quality products for our clients. If you at any time in development is not satisfied, you can ask for a refund. In this case any client who is not satisfied with our services we can provide a refund with in 30 days from the date of the first installment. The refund will be made after deducting the service tax and the hourly charges for the work completed by us. No refund will be given if:
You are entitled to get 100% refund of the upfront payment you made (if any) in the event of:
You are not satisfied with initial design mockup.
We didn’t start your project at all or we’re unable to start soon.
We are unable to complete the project as per the project’s specifications.
You want to cancel the project within 24 hours of making payment.
1. AGENCY APPOINTMENT
The Client hereby appoints the Agency to handle all advertising, communication and related work on social media required for its brand. ……………………………………….
2. AGENCY SERVICES The Agency shall provide to the Client, services, which shall include the following:
• Managing social media platforms
• Creating content
• Engagement as well as ongoing management of these platforms.
• Monitoring social media conversations and responding to the same.
• Managing all social media communication as more clearly elaborated in the pitch presentation.
3. COMMENCEMENT AND DURATION
The duration of the social media contract is three months. After three months, either party may terminate the contract by giving the other party at least 30 days written notice.
• Upon termination, for whatever reason, the parties shall be obliged to return all materials received from the other pursuant to the Contract without undue delay. If relevant, the Client shall be obliged to remove codes, etc, from websites without undue delay. If the Client fails to do so, the Company shall be entitled to invoice the Client in line with its then current terms and conditions for subsequent Services without such invoicing amounting to a waiver of the Company’s right to terminate the Contract.
• The Client shall not be permitted to assign or transfer all or any part of its rights or obligations under the Contract and these Terms without the prior written consent of the Company.
The Agency shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client’s specific prior consent, otherwise than in compliance with statutory requirements.
5. AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a retainer fee of R per month. This amount will be payable at the beginning of the month or middle of the month depending on starting date, upon receipt of an invoice from the Agency.
Similarly, charges for any other services including video creation, application
development, media buy, purchase of licensed images and content, etc. if applicable,
will be charged extra But will only be incurred by the Agency only after specific approval from the Client.
6. PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that month. All other Invoices raised on the Client will become payable within 7 days from the date of all such Invoices.
The Agency shall indemnify and keep the Client indemnified against all losses,
expenses or damages that may be suffered by the Client due to any default or breach
of terms by the Agency under this Agreement. The Client shall indemnify and keep the
Agency indemnified against all losses, expenses or damages that may be suffered by
the Agency due to any default or breach of terms by the Client under this Agreement.
8. FORCE MAJEURE
Neither the Client nor the Agency shall be liable for any default, delay, or lapse occurring due to events beyond their control including riot, strike, theft, war, etc.
9. MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only prospectively and shall be valid only if recorded in writing and signed by the authorized officials of the Client and the Agency.
10. Paid Ads
All Packages exclude paid advertising. The client may add any extra paid advertising fee to the monthly description as we proceed. Keep note that for every R1000 paid ad there is a setup and planning fee of R250.
After the first three months of the contract have been reached, either party may terminate this agreement by giving the other 30 days’ written notice without assigning any cause. During the notice period, the parties’ duties will continue. This document permits and grants BrandWay SA complete rights to do the following on various social media platforms for the duration of the contract agreement.
• Upload pictures, videos, and other audio-visual elements.
• Post regular updates on social media (including quizzes, Ads, info, news, etc)
• Moderate comments, delete spam, and engage fans on Facebook wall
• Have regular contests that are relevant to the brand and increase the fan base. IMPORTANT (FACEBOOK CONTESTS): From our experience, we know that too many contests are usually negative for the brand. A healthy frequency is to have about 1 contest per month OR have 1 big contest every two months.
• Measure and report analytics for the Facebook page.
• Design and launch targeted Facebook ads for increased engagement and a larger fan base.
• And everything else that is synonymous with developing, designing, and maintaining the social media pages.
Please note that the following details and information must be provided to BrandWay SA on a regular basis by sending an email to email@example.com
• Pictures: All pictures from events, product pictures, etc.
• Videos: All videos from events, product showcase videos, etc.
• Event details: All event details in advance so that we can update the online portals and create a buzz about the events.
• Posters previously used promotional material: All previously used posters, ads, magazine ads, and other promotional material so that we have a good idea of the branding look and feel.
• Brand manual or any existing guidelines: A copy of any brand manual or guideline
manual if it exists.
• Also, high-resolution images of the logos. And any other important information and newsworthy items for the brand that can be shared with the online community.
• You are in need to accept a request from BrandWay SA to join your Facebook page and have access as an admin.