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Terms and Conditions of Service

Create and Vision (Pty) Ltd

By accepting a quotation, proceeding with payment, or providing written instructions to commence work, the Client acknowledges and agrees to be bound by the following Terms and Conditions.

1. Scope of Services

Create and Vision (Pty) Ltd (the "Service Provider") provides a range of professional services, including:

  • Creative & Digital Marketing: Social media management, paid advertising, graphic design, content strategy, and website design/development.

  • Odoo Consulting: Implementation, configuration, training, support, and third-party integrations.

The specific deliverables, timelines, and costs for any project will be outlined in the relevant Invoice, Proposal, or Written Correspondence, which shall be read in conjunction with these terms.

2. Onboarding & Client Responsibilities

  • Strategy Phase: For social media services, no posting will commence until the initial strategy phase (typically 5–7 working days) is completed.

  • Information Provision: The Client must provide accurate data, timely feedback, and necessary approvals. The Service Provider is not liable for delays caused by incomplete information or late feedback from the Client.

  • Access: The Client shall provide the necessary administrative access to social media accounts, Odoo environments, or hosting servers required to perform the services.

3. Payment Terms

  • General: All monthly packages and fixed-price services require 100% upfront payment unless otherwise agreed in writing.

  • Invoicing: Odoo consulting and ad-hoc invoices are payable on presentation or payment terms discussed with client.

  • Late Payments: Work may be suspended for overdue accounts. The Service Provider reserves the right to charge interest at 1% above the prevailing bank overdraft rate on all overdue balances.

  • Refunds: All payments are non-refundable.

  • Advertising Spend: Ad spend (Meta, Google, etc.) is billed directly by the platform to the Client. The Service Provider’s fees cover management only.

4. Revisions & Change Requests

  • Design/Creative: Includes two (2) rounds of reasonable revisions. Additional edits or major scope changes are billed at R150 per edit unless otherwise specified.

  • Odoo/Technical: Changes to system scope, data structure, or integrations after the project has commenced will be quoted separately and may impact delivery timelines. No Changes will be made without specified technical documentation.

5. Intellectual Property (IP)

  • Ownership: Upon receipt of full payment, final approved deliverables become the property of the Client.

  • Retained Rights: Pre-existing tools, frameworks, and proprietary methodologies used by Create and Vision remain the Service Provider's IP.

  • Portfolio: The Service Provider retains the right to showcase completed work in its portfolio and marketing materials unless a non-disclosure agreement (NDA) or written objection is in place.

6. Disclaimers & Limitation of Liability

  • Performance: Create and Vision does not guarantee specific results (e.g., sales, ROI, follower growth). Marketing outcomes depend on external factors, including platform algorithms and market behavior.

  • Third-Party Systems: No guarantee is provided for the performance of third-party modules, hosting environments, or software conflicts (e.g., outdated Odoo modules or WordPress plugins).

  • Liability Cap: To the maximum extent permitted by law, the Service Provider’s total liability for any claim is limited to the fees paid for the specific service giving rise to the claim. No liability is accepted for indirect or consequential losses.

7. Website & System Maintenance

  • Support: Ongoing support for websites or Odoo environments is provided under a separate maintenance agreement or billed at standard hourly rates.

  • Security: While reasonable measures are taken, the Service Provider is not liable for security breaches, hosting failures, or data loss on unmanaged systems.

8. Data Protection (POPIA) & Confdentiality

  • POPIA Compliance: The Service Provider processes personal information in accordance with the Protection of Personal Information Act (Act 4 of 2013).

  • Confidentiality: All Client data and proprietary information will be treated as strictly confidential and will not be disclosed to third parties unless required for service delivery or by law.

  • Third-Party Platforms: Client data may be processed via trusted platforms (e.g., Meta, Google, Odoo, Canva) strictly for project execution.

9. Termination

  • Monthly Services: Monthly management packages may be cancelled with fifteen (15) days’ written notice.

  • Project-Based Services: Website or Odoo implementation projects cancelled after commencement are non-refundable. Work completed up to the date of cancellation will be delivered "as-is" and invoiced accordingly.

  • Breach: Either party may terminate the agreement immediately in the event of a material breach by the other party.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the South African courts.