Terms & Conditions
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Zoeke (Pty) Limited, for and on behalf of any Client(s) who have duly received Zoeke Design Studios quotation(s) for any such products and/or services, and therefore authorised Zoeke Design Studio to render the aforementioned products and deliver said services.
PLEASE NOTE: NO 30 DAY ACCOUNTS WILL BE GIVEN TO ANY CLIENTS.
1. Project Specifications
- The Client must supply all the requested and necessary information to Zoeke Design Studio in order for Zoeke Design Studio to issue an accurate and binding quotation. Please see example below.
- The Client must communicate her/his/its requirements and the scope of the work to be done by Zoeke Design Studio clearly and accurately.
- Quotations are valid for 14 (fourteen) consecutive calendar days from the documented date on the Quotation.
- Quotations do not include domain name registration, hosting fees, plugins, themes, font licensing or stock image purchases, unless otherwise specified.
- Quotations are only for work specified, additional work or changes will be quoted or invoiced as agreed separately.
- The Client agrees to reimburse Zoeke Design Studio for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, themes, etc.
- Any time periods provided for in the Quotation or otherwise are guidelines only. Zoeke Design Studio undertakes to complete products and/or services within a reasonable time period, however, will communicate to the client if additional time is required.
- A 50% Deposit is required before any and all design project will commence. The outstanding 50% payment is required upon completion of the project. No printing will commence prior to receiving full payment.
- Upon a Client paying a 50% deposit, as specified in the Quotation and/or Invoice, the Client acknowledges that they have read and accepted these Terms and Conditions.
- Once Zoeke Design Studio has received notification of the Client’s acceptance of the Quotation, with or without variation, Zoeke Design Studio 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 Zoeke Design Studio in writing) as a deposit to commence work.
- The Client acknowledges acceptance of these Terms and Conditions by paying the 50% deposit, stipulated above, to Zoeke Design Studio’s stipulated bank and account details as provided on the invoice.
- Products and/or services as described in the Quotation/Invoice will only commence, once the Client’s deposit has been confirmed as received by Zoeke Design Studio.
- Zoeke Design Studio undertakes to work expeditiously to complete the quoted products and/or services within the Project Specifications and time frames indicated; external factors however, may delay the process.
- Zoeke Design Studio cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Power Interruptions, Third Party Hosting Services, and internet connections.
- Deposit(s) are non-refundable and non-negotiable.
- Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional right(s) or discounts, other than what is stipulated in these Terms and Conditions.
6. Required Documentation
- Required documentation refers to any and all 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.
- The Client is to provide all Required Documentation electronically to Zoeke Design Studio to initiate work on the aforementioned quoted products and/or services unless they are to be created as part of the project.
- The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with above clause.
- If the Client does not supply Zoeke Design Studio with the Required Documentation within 20 (twenty) calendar days from the date the Deposit is received by Zoeke Design Studio, the entire amount of the Agreement becomes due and payable.
- If the Client still has not submitted or provided all the Required Documentation within 31 (Thirty-One) calendar days after the date of the Deposit (should the Client choose to continue the Agreement with Zoeke Design Studio) is received by Zoeke Design Studio, 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.
- The Client has to ensure they have the Copyright for all material supplied to Zoeke Design Studio.
- Zoeke Design Studio, 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.
- If and when Zoeke Design Studio is 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.
- Zoeke Design Studio does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Content provided by the Client
- 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.
- Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Zoeke Design Studio.
All fonts for Written Content shall be indicated by the Client in the Project Specifications unless otherwise agreed upon between the parties beforehand.
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.
- Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
Photographs supplied by the Client must be of high digital quality and applicable format.
- Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (text files delivered via e-mail, Whatsapp or FTP) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
PLEASE NOTE, images sent via Whatsapp do not quality as high quality – Whatsapps automatically compresses images when sending.
9. Content Created by Zoeke Design Studio
- If agreed upon by the Parties, Zoeke Design Studio will take photographs, videos for the site, or objects chosen by the Client and/or film interviews for the website.
- The taking of photographs will be quoted separately at a base cost plus an additional hourly rate for time invested over and above the services inclusive of the base cost as described in the quotation.
- Videos and interviews will be quoted as a separate amount from the original design project, which amount will be dependent on factors including but not limited to distance travelled, the amount of footage reasonably necessary, and editing requirements.
- The video footage filmed by Zoeke Design Studio in its entirety remains the property of Zoeke Design Studio and may be purchased from Zoeke Design Studio at an additional price quoted separately.
- If the Client requires a Promotional Video, Zoeke Design Studio 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.
- 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 be filmed is within a 30km radius of Zoeke Design Studio’s registered office. In the event that the said site falls outside the 30km radius petrol will be invoiced at AA rates for distance travelled.
- Zoeke Design Studio does offers Third Party printing services for products, however, Zoeke Design Studio takes no responsibility for print or printing errors UNLESS evidence can be provided that the error was made by the associated Third Party printing company or Zoeke Design Studio.
- Completed graphic design, logo, or any artwork by Zoeke Design Studio will be e-mailed to the Client, and the Client has the right to either use Zoeke Design Studios Third Party Printing Service OR enter into an agreement directly with the printer of their choice.
- Screen colours and digital proofs can vary from printer-to-printer. To ensure colour and print quality is accurate, it is the Client’s responsibility to request a colour proof from the printers.
11. Website Hosting
- Zoeke Design Studio offers hosting via a Third Party Hosting Service Provider. The Client can elect to enter into an agreement directly with a Third-Party of their choice or the Third-Party Service Provider recommended by Zoeke Design Studio.
- When accepting Zoeke Design Studios Third Party Hosting Service Provider, the Client has to provide Zoeke Design Studio with their Cpanel, FTP, and database details to upload onto Zoeke Design Studio’s hosting platform.
- In the event the Client elects to enter into an agreement directly with a Third Party Hosting Service Provider, Zoeke Design Studio will hand over all the hosting information to the Client once the final invoice has been settled and Zoeke Design Studio will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Hosting Service Provider as we do not have control over the status of hosting, domain renewals or e-mails.
- If the Client makes use of a Third Party Hosting Service Provider not recommended by Zoeke Design Studio, the Client will be responsible for any accounts throughout the product and/or service creation and thereafter.
- If the Client makes use of the Third Party Hosting Service Provider recommended by Zoeke Design Studio then the Client will pay Zoeke Design Studio directly for hosting during the period of product/service until the final invoice has been settled. Once the above conditions have been satisfied, the hosting account will be transferred into the Client’s name, who will be directly responsible for the account with the Third Party Hosting Service Provider Company.
- In the event that the Client elects to host their Website through Zoeke Design Studio with the Third Party Hosting Service Provider then Zoeke Design Studio takes responsibility for hosting management but cannot be held liable for any failures on the side of the Third Party Hosting Service Provider.
- The Client will be invoiced for the hosting, including a management fee, on the 28th of each month prior to the month of hosting and such amount must be paid within 10 (ten) calendar days after the Invoice date.
- Hosting fees are payable from the date of domain registration or transfer to Zoeke Design Studio.
- Payments not received by the specified date will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
- A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
- Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts 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.
- Zoeke Design Studio 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.
- Hosting cancellations are only accepted in writing, e-mailed to firstname.lastname@example.org on or before the 1st of the new month as it carries a calendar month notice period.
- All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Zoeke Design Studio, thus enabling release to transfer to a Third Party Hosting Service Provider.
12. Search Engine Optimization (SEO)
- Zoeke Design Studio cannot guarantee search positions or rankings of websites but include basic Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure, and basic content recommendations.
- If more advanced SEO or ranking factors are needed for the clients website, the client can make use of a Third Party Agency OR request recommendations from Zoeke Design Studio. Zoeke Design Studio takes no responsibilities if search position or ranking factors increase or decrease.
- Payments for Search Engine Optimization, Internet Marketing, and Social Media Optimization services are non-refundable, and Zoeke Design Studio does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable, as it is applied to costs immediately incurred by Zoeke Design Studio in initiating services.
- Zoeke Design Studio is able to set up E-commerce and online shopping on a Client’s website if requested.
- Zoeke Design Studio will only load 10 products on the website on the Client’s behalf, as part of the original Quotation for Website design. However, the Client will be able to load unlimited products.
- Should the Client require Zoeke Design Studio to load more than the aforementioned 10 loaded products (including variations), Zoeke Design Studio will issue the Client a Quotation accordingly.
14. Social Media Management
- Social Media Marketing and Management is defined as helping a client promote their products or services through social media channels.
- Zoeke Design Studio will honor the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
15. Review, Changes & Amendments
- A maximum of 5 x revisions on all digital designs will be allowed (unless an error was made by the designer). Examples of digital designs will be Logo Designs, 3D Designs, Video Designs or general Graphic Design projects. Any additional Revisions will be charged at R60.00 per revision.
- For website design revision, 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.
- Reviews or Changes that fall outside the scope of the original Project Specifications (whether it be for digital design or website design projects), referred to as Scope Creep will be quoted and invoiced over and above the original Quotation.
- Should Zoeke Design Studio not receive a reply within 10 (ten) consecutive calendar days via e-mail or Whatsapp, the Client’s project is considered finalised and complete. Therefore, Zoeke Design Studio takes no responsibility for website content errors thereafter.
16. Completion Date and Balance of Payment
- 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.
- Once the requested changes in Clause 15 above have been brought about and the project has been completed, Zoeke Design Studio will invoice the Client for the Balance of Payment. The Balance of Payment as stated on the Invoice must be paid immediately into Zoeke Design Studio’s stipulated bank and account details as provided on the said Invoice. If payment is not received within 10 (ten) consecutive calendar days of the date of the Invoice the project will be placed on suspension. Once payment has been received by Zoeke Design Studio it will be allocated to said Invoice.
- Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of twenty percent (20%) per month of the total amount due.
- All work remains the property of Zoeke Design Studio until the full and final payment.
- Activation of the Client’s website is conditional in its entirety and the website will remain on “Under Construction” status until full and final payment has been received.
- Please note, any further adjustments or amendments after the Completion Date will be at an additional cost as set out in Terms and Conditions of the above.
17. Additional Work
- Additional Work requested and agreed to, or any other work in progress for the Client after the Completion Date of the original Agreement will be billed separately in accordance with these Terms and Conditions, quoted and agreed to.
- All payment(s) and time-frame(s) as set out in these Terms and Conditions shall apply.
18. Maintenance Services
- The Client will only be able to sign up and make use of Zoeke Design Studio’s Maintenance Service once all outstanding balances have been received in terms of Clause 16.
- Zoeke Design Studio will invoice the Client on the 28th of each month for Maintenance Services for the following month and such amount must be paid within 10 (ten) calendar days after the Invoice date.
- Maintenance Service fees are payable from the date of completion of the website as set out in Clause 16.
- Zoeke Design Studio will not undertake any maintenance on the Client’s website until payment has been received for the Maintenance Service.
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 the Parties in writing.
- The Client is to provide all Required Documentation for updates or changes to the Client’s website electronically to Zoeke Design Studio 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.
- Zoeke Design Studio takes no responsibility for delayed updates if the Client fails to comply with the above clause.
- Zoeke Design Studio reserves the right to suspend the Client’s services due to non-payment and charge fees, at the rate described in Clause 16 at that time, on all arrears balances in accordance with these Terms and Conditions.
- Maintenance Service cancellations are only accepted in writing, e-mailed to email@example.com, with 30 days’ notice and will be effective on receipt of such notice. All outstanding payments must be paid up to date before cancellation.
19. Service Agreement
- The Client may request from Zoeke Design Studio, access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Zoeke Design Studio 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.
- 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 restoration will fix any problems created by the client’s errors.
Zoeke Design Studio 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.
- Zoeke Design Studio is not an IT company nor a Software Development company and does not provide these services outside the scope of the products and /or services as stated in these Terms and Conditions. Zoeke Design Studio has the sole discretion to determine whether they are willing to perform additional services and the Client will be quoted and invoiced accordingly.
Zoeke Design Studio is 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.
20. Invoices and Statements
- Zoeke Design Studio is not a credit service provider and does not grant any credit facilities whatsoever.
- Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of Zoeke Design Studio being a month-to-month service provider.
- 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 Zoeke Design Studio having confirmed receipt of said funds.
- Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
- Telephonic, Skype, e-mail queries, meetings, consultations and training will be responded to free of charge for confirmed Clients according to Clause 4.
Zoeke Design Studio will make arrangement with the Clients to setup an appropriate time frame for Training. If the Client cancelled the set time for the Training session and does not reschedule the Training Session, it is the Clients responsibility to setup a new appropriate time.
- If the Client does not reschedule the Training Session within 30 (thirty) calender days, the Client forfeits this training session.
22. Legal Costs
- Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Zoeke Design Studio’s legal representative(s), and the full outstanding balance becomes payable.
- All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.
- 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.
Zoeke Design Studio will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance with the initial Agreement(s), or balance thereof in accordance to Terms & Conditions clause 24.
- Fees are non-refundable, as these are paid in advance.
- Zoeke Design Studio reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
- Zoeke Design Studio will not be held liable for any viruses, hacking, malicious content, or any Security breaches pertaining to any third-party applications or to the Client’s website.
- Zoeke Design Studio’s 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.
- Zoeke Design Studio 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.
- These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Zoeke Design Studio’s own website, and the date of requesting a Quote and receiving the same.
- Zoeke Design Studio services may be used for lawful purposes only. You agree to indemnify and hold anatomy Creative Studio harmless from any claims resulting from your use of our service that damage you or any other party.
- Zoeke Design Studio hereby excludes itself, its Employees, and, or Agents from all and any liability from Loss or damage caused by any inaccuracy; Loss or damage caused by omission; Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site; Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- 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.