General Terms & Conditions
REDLUM GROUP (PTY) LTD
STANDARD TERM AND CONDITIONS
Redlum Group (Pty) Ltd provides a variety of digital media, design, branding solutions, services for print, the Internet, website design and specialist product procurement.
Redlum Group (Pty) Ltd aspire to provide our clients with an affordable and professional service ensuring their specific design or product requirements are met.
If a quotation is accepted and signed or verbally by the client, Redlum Group (Pty) Ltd undertakes to render the specific services contracted to the client. The client agrees that the following terms and conditions will apply to the services and together with the signed quotation or verbal agreement will form an agreement with Redlum Group (Pty) Ltd.
1. THE SERVICES RELATED TO THE CLIENT:
1. An original design or “mockup” of your new website, artwork or any other project will be presented to you within one week after we have received full payment.
2. Thereafter, limited alterations will be made to the design to ensure a satisfactory “look and feel”.
3. The content of the website, artwork or publication, such as text information and photographs, is solely the responsibility of the client.
4. Redlum Group (Pty) Ltd will only accept text information in a digital format such as Word (.doc) or Notepad (.txt) to speed up the website development process.
5. Any data capturing, scripts & active content will be charged additionally.
6. Photographs and images used in the design layout of your website need to be sent in a decent resolution as this greatly affects the quality of the design.
7. Redlum Group (Pty) Ltd reserves the right not to accept any content that is messy or incoherent in any way but will help during the process.
8. Content needs to be presented in such a way that our design team knows exactly where each piece of information and each photograph must be placed.
9. Only once we have received all the relevant content, we will take the development process further.
10. The amount of time this process may take depends on the size and intricacy of the project.
2. THE CLIENT’S OBLIGATIONS
2.1 The client knows that:
2.1.1 the services can only be rendered or product(s) ordered from our suppliers after the agreement has been entered into, the requested full payment and any documents required by Redlum Group (Pty) Ltd have been received by them;
2.2.2 they must pay Redlum Group (Pty) Ltd any money owed for the services or products ordered.
2.2.3 The client guarantees that all information provided in the agreement and any information to be
given by him in future and information given to Redlum Group (Pty) Ltd in an instruction received electronically, will be correct in every way. The client will inform Redlum Group (Pty) Ltd of any change in such information and will have no claims against Redlum Group (Pty) Ltd if any such information is wrong.
The client will not at any time:
2.3. transfer any of his rights under these terms and conditions without the prior written permission of Redlum Group (Pty) Ltd; and
2.4. use the services in any way that may harm Redlum Group (Pty) Ltd.
3. Redlum Group (Pty) Ltd’s OBLIGATIONS
The Client agrees that:
1. Redlum Group (Pty) Ltd will not investigate the authority of any person who uses or has used the services provided by Redlum Group (Pty) Ltd, and will not be required to investigate the correctness of any information provided by the client for the services; and
2. Once Redlum Group (Pty) Ltd has received and implemented an instruction given by the client, the client will not be allowed to change the instruction but will have to follow Redlum Group (Pty) Ltd’s normal procedures.
Project or product orders and instructions can be placed in writing and or verbal communication. Thereupon such orders shall be binding!
All information required for the project, including electronic text information, photographs and specifications must be provided within a reasonable time from the date of agreeing to the contract and payment of the required full payment. Only once all relevant information and full payment has been received, will work on a project commence. Failure to supply content and information which may hinder the completion of the project by the specified date will be billed in accordance with point 8. All changes after the agreed project specification and final approval of proofs will be billed accordingly.
The client is solely responsible for any legal liability arising out of or relating to content supplied by the client to Redlum Group (Pty) Ltd and or executed by Redlum Group (Pty) Ltd as per the client’s specification. Redlum Group (Pty) Ltd reserves the right to exclude any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. The client represents to Redlum Group (Pty) Ltd an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks or other artwork, in data, print, audio or video form, as furnished to Redlum Group (Pty) Ltd for inclusion in a project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Redlum Group (Pty) Ltd from any claim or suit arising from the use of such elements furnished by the client.
Unless otherwise agreed Redlum Group (Pty) Ltd shall deliver the work as directed by the client and the client shall pay delivery charges as appropriate. Notwithstanding paragraph 11 below, risk in the client’s work shall pass to the client on delivery of same to the client, a carrier or other person acting for Redlum Group (Pty) Ltd, whether or not Redlum Group (Pty) Ltd is instrumental in aiding such delivery through organizing the delivery from the Company’s premises. Redlum Group (Pty) Ltd will not be liable for any loss or damage resulting from delivery after the indicated completion date nor for any delays occurring subsequent to the client’s work leaving the Redlum Group (Pty) Ltd premises.
All fees exclude VAT (@ 14%). Unless otherwise agreed in writing, all charges shall be quoted for payment by the agreed date as per project order. Any queries regarding payment must be raised within 7 (seven) days of the payment date. Redlum Group (Pty) Ltd require all clients to make full payment prior to any project or product orders being undertaken by Redlum Group (Pty) Ltd. All other payments shall be made to Redlum Group (Pty) Ltd on the presentation of the invoice. The invoice shall be payable within a maximum of 7 (seven) days from presentation. Without prejudice to any other remedies it may have, Redlum Group (Pty) Ltd reserves the right to charge the client interest at the best overdraft rate quoted to Redlum Group (Pty) Ltd by the First National Bank of South Africa on balances outstanding. Such interest is to accrue daily and be compounded and added to the outstanding balance at monthly intervals. A website will not be put online until the final payment has been received.
9. COMPLETION OF PROJECT
It will be the sole discretion of Redlum Group (Pty) Ltd to determine when an order has been completed in accordance with the specifications and requirements of the specific agreement. Once the order has been finalised, the client will be required to sign off the completed work and make full payment.
Until full payment has been received for each project order being considered as a whole, all rights, title, and interest created from or arising in favor of Redlum Group (Pty) Ltd from or to the work, shall remain vested in and shall be excusable by Redlum Group (Pty) Ltd (notwithstanding that Redlum Group (Pty) Ltd may have parted possession with same) and the client hereby assigns to Redlum Group (Pty) Ltd entirely any such rights, title or interest.
11. LIABILITY AND INDEMNITY
Save as otherwise expressly provided in these terms, the client shall indemnify Redlum Group (Pty) Ltd, its directors, employees, servants, sub-contractors, agents, shareholders and any of them against any liabilities, actions, losses, claims, proceedings, judgments, damages, obligations, costs and any expenses of any nature whatsoever (including but not limited to legal fees, costs and expenses), made by whomsoever which may at any time be incurred by or imposed on them arising directly or indirectly out of or in connection with the acts or omissions of the client, its servants, agents or representatives, including but not limited to, claims by any third party or breach of copyright or defamation relating to any work carried out for the client. Redlum Group (Pty) Ltd shall not be liable for any loss, consequential, special, incidental, punitive or otherwise, arising directly or indirectly from the failure to supply any work agreed to be supplied by Redlum Group (Pty) Ltd to the client due to circumstances beyond its control. Redlum Group (Pty) Ltd shall not be liable for any loss, damage, costs or expense whatsoever and howsoever caused, incurred, sustained or arising from a failure to disclose such information to Redlum Group (Pty) Ltd or from incorrect and/or incomplete information furnished to Redlum Group (Pty) Ltd or from misrepresentations.
12. PROPRIETARY RIGHTS
Property in any work reduced to a permanent recorded medium provided to the client by Redlum Group (Pty) Ltd shall pass to the client in accordance with the provisions in paragraph 10 hereof, provided always that the copyright and all other intellectual property rights of whatsoever nature in the software, database and programming tools, skills, knowledge and technique (as the case may be) employed by Redlum Group (Pty) Ltd in providing the work shall be and shall remain vested in Redlum Group (Pty) Ltd and there shall be no consent or waiver in respect of such software, database and programming tools, skills, knowledge and technique.
13. ANNUAL FEES AND INCREASES
A yearly domain renewal fee will be charged in accordance with the South African domain regulator. A standard yearly increase will be applied to the agreed monthly hosting fee.
Any complaints concerning the quality of the work must be made in writing within 3 (three) days of receipt. If the client can satisfy Redlum Group (Pty) Ltd that a defect has arisen other than through defects in the client’s materials, Redlum Group (Pty) Ltd following the client’s instruction of defects inherent in the relevant process then Redlum Group (Pty) Ltd will at its discretion and expense use its reasonable endeavours to rectify such defects. Redlum Group (Pty) Ltd cannot and will not be liable for the handling, misuse or breakage of any product(s) once delivered.
Redlum Group (Pty) Ltd reserves the right (without prejudice to any of its other rights against the client) to terminate a project or sales agreement by notice in writing to the client at any time.
Any notice to be served hereunder shall be in writing and may be served personally, by email or by post, in the case of Redlum Group (Pty) Ltd at its main place of business or in the case of the client at the client’s last known address or to its registered office and shall be effective 1 (one) month from the date of receipt, if served personally.
If Redlum Group (Pty) Ltd for any reason or purpose does not immediately enforce or implement any of its rights in terms of this agreement it does not mean that it has abandoned or waived any of those rights.
It is agreed that no indulgence whatsoever by Redlum Group (Pty) Ltd will affect the terms of this agreement or any of the rights of Redlum Group (Pty) Ltd and such indulgence shall not constitute a waiver by Redlum Group (Pty) Ltd in respect of any of its rights herein. Under no circumstances will Redlum Group (Pty) Ltd be stopped from exercising any of its rights in terms of this agreement.
If Redlum Group (Pty) Ltd cannot enforce any conditions under this agreement, it will not affect any of the other conditions in this agreement.
The client shall not be entitled to cede and assign any rights and/or obligations, which it may have in terms of this agreement, to any third party, unless, consented to it in writing by Redlum Group (Pty) Ltd.
In the event of a breach, Redlum Group (Pty) Ltd, shall have the right, without prejudice to any other right which it may have against the Client, to:
1. suspend or terminate the service(s) without notice and a reactivation fee will be charged.
2. cancel this agreement in any event without prejudice to Redlum Group (Pty) Ltd.’s right to claim damages.
1. Redlum Group (Pty) Ltd provides no warranties or guarantees of any nature in respect of the service(s) or product(s) once delivered to clients. (*Except if strictly indicated by our suppliers.)
2. The client must confirm stock and pricing before placing any orders as prices fluctuate due to the exchange rate. Prices may be adapted due to any price increase that is not inflicted by Redlum Group (Pty) Ltd.
3. Delivery cost for all products or production products is excluded and will be quoted separately. (Clients must not assume that delivery is included.) Delivery is only included if it is stipulated by Redlum Group (Pty) Ltd.
4. The client acknowledges having read and understood this agreement and is not entering into this agreement based on any presentations not expressly set forth in it.
5. Redlum Group (Pty) Ltd shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the agreement between the client and Redlum Group (Pty) Ltd or not.
6. If any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this agreement shall be controlled by the statute, ruling or order.
7. Should any of the terms and conditions of this agreement be held to be invalid unlawful or unenforceable, such terms and conditions, will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
8. This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
9. You consent to us making enquiries concerning your credit history with any credit reference agency and to provide any such agency with both positive and negative information regarding the conduct of your account(s).