Terms and Conditions.

The following terms and conditions refer to Hezzis House \\ Creative Design House as (The Design House) and its relationship with its clients and potential clients.

General Terms & Conditions of Business

    • Quotes & Prices
        • All quotes/estimates are valid for 30 days from the date of submission.
        • Quotes/estimates are based on the information provided by the Client, including but not limited to detail on quantities, structure, scope and functionality. Any quote/estimate may therefore be subject to change should the client’s requirements change at any time.
        • Unless otherwise stated, photography, stock images, delivery, copywriting and VAT will be charged extra.
        • If the contract or hourly price has not been fixed for the term of a contract, our hourly rate of R299 will apply.
        • The Design House reserves the right to alter the hourly rate at any time as business needs dictate.
        • Quotes/estimates are based on The Design House's current costs of production and unless otherwise agreed are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
        • Any estimates given by The Design House as to the time of completion or performance of its services (whether completion of the whole or a part of those services) shall be estimates only and time shall not be of the essence.
        • Any stated timescale is reliant upon the client providing all required information/copy/images within the time set out at project initiation.
    • Methods
        • The Design House reserves the right to sub-contract the fulfilment of an order or any part thereof.
        • Any images supplied electronically will be incorporated into designs without charge provided that they are of suitable quality. All images need to be supplied as EPS illustrator vectors for logos and Photoshop tiffs (300dpi min) for pictures. Any logos that need to be re-drawn will be charged extra at our hourly rate. All supplied images requiring scanning or alterations to be charged at R199 per image. Images sourced from external image libraries may incur additional licence/royalty charges payable by the Client.
        • Should the Client supply text, artwork or images, The Design House is not obliged to edit, check or guarantee the correctness thereof in any way whatsoever, and the end product shall be made at the entire risk of the Client.
        • The Design House shall be indemnified by the Client in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent design or any other proprietary or personal rights contained in any material supplied by the Client. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.
        • Origination and/or conceptual work and any copyright subsisting therein shall remain the property of The Design House unless otherwise agreed in writing with the Client.
        • The Client’s property and property supplied to The Design House on behalf of the Client, while it is in the possession of The Design House or in transit to or from the Client, will be deemed to be at Client’s risk unless otherwise agreed and the Client should insure accordingly.
        • The Design House may charge rent for storage of goods retained at Client’s request, or items left with The Design House before receipt of the order or after notification to the Client of completion of the work.
        • When required to expedite project delivery ahead of the time needed for proper production of a given deadline, The Design House shall not be liable for defects occasioned thereby. Should such delivery require payment of overtime wages, delivery charges or other additional costs, all such extras will be for the Client’s account.
        • The Design House shall not be required to use, print, upload or hold any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of a third party.
    • Invoices & Payments
        • Payment must be made no more than 30 days after date of invoice unless otherwise agreed in writing in advance.
        • All work remains copyrighted to The Design House until settlement of relevant fee account.
        • All invoices are subject to South African VAT at the current rate of 15%, unless a valid exemption certificate is provided.
        • All payments must be in South African Rand (ZAR).
        • All work completed after project inception will be billed as it is completed at the end of every calendar month as Work in Progress (WIP) until the conclusion of the project.
        • If The Design House incurs any costs as a result of the Client’s neglect or default, The Design House may charge those costs to the Client in addition to the contract price.
        • The Client shall pay for any preliminary work which is produced at his/her request, whether experimentally or otherwise. A 50% rejection fee is applicable on all designs executed by The Design House should the Client cancel their contract/order.
        • When payment is overdue, The Design House may suspend work, service and/or delivery without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
        • The Design House may require payment in advance, or a deposit of at least 50% of the quote/estimate total prior to instigating work on an order, particularly but not limited to the following situations: new clients; clients with a poor payment history; large, lengthy or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
        • If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of R299 for each occurrence.
    • Insolvency
        • If the Client ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is deemed to be unable to pay its debts or have a winding-up petition issued against it or being a person who commits an act of bankruptcy or has a bankruptcy petition issued against him, The Design House without prejudice to other remedies shall:
            • Have the right not to proceed further with the contract or any other work for the Client and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Client. Such charge to be an immediate debt due to him.
            • In respect of all unpaid debts due from the Client have a general lieu on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as it thinks fit and to apply the proceeds towards such debts.
    • Force Majeure
        • The Design House shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Client may by written notice to The Design House elect 'to terminate the contract and pay for work done and materials used', but subject thereto shall otherwise accept delivery when available.
    • Information Provided by You
        • You warrant that the name, address and payment information provided when you place your order with The Design House will be correct and you agree to notify The Design House of any changes in the name, address and/or payment details.
        • You agree that The Design House may disclose your name and address where any enquiries are made.
        • You warrant that you possess the legal right and ability to enter into this Agreement and to use The Design House's services in accordance with this Agreement.
    • Indemnity
        • You shall indemnify us and keep us indemnified and hold us harmless from all liabilities, actions, claims, proceedings, losses, expenses (including reasonable legal costs and expenses), costs and damages, howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement, or arising out of claims based upon or relating to our work for you or any claim brought against us by a third party resulting from the provision of any Services to you and your use of them.
        • The Design House will notify you promptly of any claim for which The Design House seeks specific indemnification at the currently supplied address. The Design House will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to The Design House's interests, as reasonably determined by The Design House and/or its legal representatives.
    • Limitation of Liability
        • All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, are subject always to sub clause 1.2 of the Limitation of Liability section.
        • Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
        • In any event, no claim against The Design House shall be brought unless you have notified The Design House of the claim within one year of the issue arising.
        • In no event shall The Design House be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of business, contracts, anticipated savings or profits or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by The Design House's negligence or the negligence of its servants or agents or otherwise) which arise out of or in connection with the provision of any goods or services by The Design House.
        • The Design House warrants that its services will be provided using reasonable care and skill. Where The Design House supplies any goods supplied by a third party, The Design House does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign the benefit of any warranty, guarantee or indemnity given by the supplier of the goods to The Design House.
    • General Terms
        • These conditions and all other express terms of the contract shall be governed and constructed in accordance with the laws of the Republic of South Africa and you hereby submit to the non-exclusive jurisdiction of the all courts.
        • The Design House shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control.
        • These terms and conditions, together with any documents or any platform expressly referred to in them, contain the entire Agreement between The Design House and the Client relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, proposals or contemporaneous communications, written or oral: between The Design House and the Client in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you confirm that you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been expressly made in this Agreement.
        • Any notice to be given by either party to the other may be sent by either email or post to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved, be deemed to be received on the day it was sent, or if sent by post shall be deemed to be served two days following the date of posting.
        • Headings, numbering and summaries are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
        • You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and The Design House as a result of your use of these services. You agree not to hold yourself out as a representative, agent or employee of The Design House. You agree that The Design House will not be liable by reason of any representation, act or omission to act by you.
        • The Design House reserves the right to revise, alter, modify or amend these terms and conditions, and any of our other policies and agreements at any time and in any manner without prior notification. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
        • If any of the provisions of this Agreement are judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder of them will be not be deemed to be prejudiced.
        • This Agreement takes effect on the date on which you order our services. Acceptance of these terms is an absolute condition of the Client requesting work. An order constitutes acceptance of all our Terms and Conditions.
        • You shall not assign this Agreement or any benefits or interests arising under this Agreement without The Design House’s prior written permission.
    • Service Level Agreements
        • The hours provided in Service Level Agreements (SLA) can be used in any way, other than for fixed costs and essential services – such as web hosting or advertising placement – or towards payment of debts or existing/quoted jobs.
        • Once an account handler at The Design House has been given a job brief as part of the SLA, should the work take longer than 30 minutes, we will endeavour to provide a total estimate of how long the job will take for approval by the Client before any work is commenced.
        • For each job requested by the Client as part of the SLA, a minimum of 15 minutes will be deducted from the remaining SLA time allowance.
        • All hours worked as part of an SLA are recorded and can be forwarded to the Client on request.
        • Once a Client approaches the final two hours of their SLA allowance, The Design House will endeavour to notify them automatically via email, providing the opportunity to purchase another SLA.
        • Any hours that have not been used within the initial 12 months after purchase will roll over to the following year, up to a maximum of 24 months. However, although The Design House reserves the right to increase the hourly rate as business needs dictate, the hours in an SLA will be honoured at the original rate at which they were purchased for one year, after which time, any roll-over hours will be applied to subsequent years at the new hourly rate.
    • Programming
        • The Design House can only program sites to be as secure as reasonably possible at the time of delivery and can not offer indemnity against future threats/developments.
        • Once The Design House has deemed a project to be complete, any amendments will be charged at The Design House’s standard billing structure of R499 per hour.
        • The Design House develops websites for compatibility with the current version of Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari: not all previous versions or every browser. If further compatibility is required, The Design House must be advised at the outset.
    • Ownership
        • The ownership of the logo designs, web pages, photography and copyright therein shall remain with The Design House until payment in full has been received for all sums owing. Once payment has been received, ownership and copyright shall pass to the Client for the designs, web page text, photography images and graphics specific to the Client.
        • Ownership of all code used in processing logo designs, web pages, photography and copyright shall remain with The Design House and it is expressly agreed that the use of such code in processing the logo designs, web pages, photography and copyright does not confer any passing of title from The Design House to the Client.
    • Website / Web Design
        • The Client shall supply the copy for your web pages in clear and usable permanent or electronic form and shall be entirely responsible for the content of the web pages.
        • All images uploaded to websites by the Client (via CMS, FTP or other) should be optimised (compressed file size). The Design House can provide advice on the best image editing software packages, but accepts no responsibility for the performance or compatibility of third-party software, or the results they produce.
        • When a test link is provided, it is the responsibility of the Client to test the functionality, read and check all copy, as well as approve the design and images used before approval is given.
        • The Design House can provide legal disclaimers and privacy policies; but it is the responsibility of the Client to confirm with their own legal advisers that these meet their individual requirements, as The Design House accepts no responsibility for their accuracy, relevance or currency.
    • Photography
        • Your session / booking fee is non-refundable should you not show up for your appointment.
        • You are welcome to re-schedule if needed at least 48 hours before your scheduled appointment time, we all know life happens.
        • Please note that idling time during the hours of the photoshoot agreed upon will be charged at R599 per hour for photo sessions, R699 for wedding events.
        • All images will also be provided in a digital format for social media use unless otherwise agreed upon.
        • Please understand that we provide a personal service and product therefore cannot complete your portraits until paid in full as we cannot sell them to anyone else or re-use the materials.
        • In the event of promotional photo sessions specials, please adhere to the specified promotional time period. (Will be indicated if applicable).
        • We do from time to time use photographs taken for marketing purposes, our own website, social media platforms, e-mail campaigns, direct marketing or exhibitions, let us know if you don't want this done with your personal photographs, we will simply not use them but we use them because they look so great!
        • We will never sell your personal photographs to any one for any reason.