Company: Stantix (Pty) Ltd
Registration Number: 2022/851517/07
VAT Number: 4700129887
Registered Address: 73 Van Niekerk Street, Kingston, Bellville, 7530, South Africa
In this Agreement:
– “Agency” refers to Stantix (Pty) Ltd.
– “Client” means the person, company, or entity contracting the Agency for services.
– “Services” means any marketing, advertising, design, content, hosting, or related services provided by the Agency.
– “Agreement” means these Terms & Conditions together with any signed proposal, quotation, or service agreement.
– “Confidential Information” means all proprietary or sensitive information exchanged between the parties.
– “POPIA” means the Protection of Personal Information Act 4 of 2013.
The Client appoints the Agency to provide Services, and the Agency accepts such appointment, subject to these Terms. No work will commence until a signed agreement or written acceptance of quotation has been received.
3.1. This Agreement commences on the date of acceptance and will remain in force until terminated.
3.2. Subscription-Based Services (e.g., Monthly Website Packages):
– These services are subject to a 12-month minimum commitment.
– Thereafter, they continue on a rolling month-to-month basis.
– Either party may terminate after the initial 12 months with 90 days’ written notice.
3.3. Once-Off Services (e.g., Add-Ons, Graphic Design, Marketing Creation Fees):
– These are payable in full, upfront, upon signature of the agreement.
3.4. The Agency may suspend or terminate Services immediately if the Client:
– Fails to pay on time,
– Breaches this Agreement, or
– Engages in unlawful or unethical activity relating to the Services.
4.1. The scope of Services will be detailed in a written proposal, package, or quotation.
4.2. The Agency undertakes to provide one or more of the following as agreed:
– Domain Services: Registrations and transfers remain the property of the Client.
– Web & Email Hosting / Website Packages: Supplied per the Online Solutions Service Agreement.
– Online Marketing Solutions: Supplied according to package terms.
4.3. The Agency will exercise reasonable skill and care but makes no guarantee of specific outcomes (ROI, sales, leads, rankings, or follower growth).
4.4. The Agency will not be liable for:
– Platform restrictions, suspensions, or third-party system failures (Google, Meta, plugins, hosting, etc.),
– Website hacks, cyber breaches, or damages. Clients must notify the Agency immediately in such cases, failing which they remain liable for recovery costs.
The Client must:
– Provide all required information, approvals, and materials promptly.
– Ensure supplied content is accurate, lawful, and does not infringe third-party rights.
– Review and approve deliverables on time. Delays may affect timelines.
– Remain responsible for proofreading and verifying final deliverables.
– Provide certified ID and/or company registration documents when required.
6.1. All fees are quoted in ZAR, exclusive of VAT, unless otherwise stated.
6.2. Invoicing & Debit Orders:
– Invoices are issued on the 20th of each month.
– Debit orders run on the 27th or 1st of each month.
– All accounts must be settled by the 7th of each month.
– Debit order rejection fees and outstanding amounts may automatically be added to subsequent debit runs.
6.3. Once-Off Fees:
– Payable in full upfront before services commence.
6.4. Late/Default Payments:
– Late payments will attract interest at the prime lending rate plus 2% per annum, calculated monthly on overdue amounts, until payment is received in full.
– The Agency reserves the right to suspend services if payment is more than 7 days overdue.
– Accounts more than 7 days overdue may be handed over for legal collection, with the Client liable for recovery costs.
6.5. Other Notes:
– Pro-rata billing applies for mid-month sign-ups.
– Emergency changes or urgent work may incur additional fees.
– Prices are subject to change without prior written notice.
– No refunds are issued once work has commenced.
7.1. All creative work, designs, strategies, and materials remain the Agency’s property until full payment is received.
7.2. Website Ownership:
– For monthly subscription-based websites (including hosting, plugins, themes, or template kits supplied by the Agency), ownership of the website, its framework, and licensed components remains with the Agency. The Client receives a limited right to use the website for the duration of the subscription.
– If the Client terminates the subscription, access to the website and all associated licensed elements will be revoked, unless otherwise agreed in writing.
– For once-off fully paid websites, ownership of the final website design and deliverables transfers to the Client upon full payment, excluding third-party licensed components (plugins, themes, etc.) which remain under the licensor’s terms.
7.3. The Client acknowledges that the Agency uses licensed plugins, themes, and template kits that are non-transferable.
7.4. The Agency retains the right to display completed work, including websites and designs, in its portfolio, website, and marketing material.
8.1. Both parties agree to keep all confidential information private and not disclose it to any third party without written consent.
8.2. The Agency will comply with POPIA when processing any personal information.
8.3. The Client remains responsible for ensuring that any data they provide is lawful and compliant.
9.1. The Agency shall not be liable for any indirect, consequential, or special damages, including loss of profits, customers, or data.
9.2. The Client indemnifies and holds harmless the Agency against claims arising from:
– Use of the Services,
– Client-supplied content, or
– Breach of this Agreement by the Client.
9.3. The Agency is not responsible for the reliability of third-party platforms, integrations, or advertising performance.
Neither party shall be held liable for failure or delay caused by events beyond reasonable control, including strikes, load-shedding, internet outages, government restrictions, or natural disasters. If such events persist beyond 14 days, either party may cancel this Agreement.
11.1. All formal notices must be delivered in writing by email or registered mail to the addresses provided.
11.2. Notices will be deemed received within:
– 48 hours if sent by email, unless proven otherwise,
– 7 days if sent by registered mail.
This Agreement is governed by the laws of the Republic of South Africa. The Client consents to the jurisdiction of the Magistrate’s Court, even if the claim exceeds its monetary limits. The Agency may choose to institute proceedings in the High Court.
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.1. The Agency reserves the right to amend or update these Terms & Conditions from time to time, at its sole discretion.
14.2. Any such updates will be effective from the date of publication on the Agency’s website or written notice to the Client, and will automatically apply to all existing and future services.
14.3. Continued use of the Services after such updates shall be deemed acceptance of the revised Terms & Conditions.
This Agreement, together with any written proposal or service agreement, constitutes the entire understanding between the parties and supersedes all prior negotiations or discussions.
