Terms & Conditions

This document outlines the Terms and Conditions (“Agreement”) applicable to all services provided by The Crayon Room (PTY) Ltd (“The Crayon Room”) to its clients (“The Client”). By paying an invoice issued by The Crayon Room, The Client acknowledges and agrees to the following terms:

1. Services

The Crayon Room provides various services, including but not limited to:

• Social Media Retainers
• Website Hosting and Domain Renewals
• Graphic Design Packages
• Website Development
• SEO Services
• 2D Animation
• Video Production
• Photography
• Internal Marketing
• UI/UX Design

Specific details of the services will be outlined in the approved quotation or proposal.

2. Charges and Payment Terms

2.1 Quotations and Invoicing: Charges are specified in the approved quotation, valid for 30 days from the date of issue.

2.2 Payment Terms: Invoices are issued on the 15th of each month and are payable by the 30th. Late payments incur a 1.5% monthly interest rate, and services may be suspended until payment is received.

2.3 Deposit Requirement: For website design and development, a 60% upfront deposit is required before work begins. Deposits are non-refundable.

2.4 Additional Expenses: Third-party expenses (e.g., stock images, hosting fees, plugins) will be billed separately and are The Client’s responsibility.

2.5 Scope Adjustments: Any work exceeding the agreed scope will be billed at the hourly rate or as separately quoted.

2.6 Price Adjustments: The Crayon Room reserves the right to adjust prices with prior notice. Adjustments to third-party costs may be passed on to The Client without prior notice.

3. Ownership and Deliverables

3.1 Ownership: Final deliverables remain the property of The Crayon Room until full payment is received. Upon payment, ownership transfers to The Client.

3.2 Raw Files: Source files are not included unless otherwise agreed and may incur additional charges.

3.3 Storage: The Crayon Room does not store deliverables or raw files long-term. Clients are responsible for maintaining their own backups.

4. Revisions and Approvals

4.1 Requests: All requests must be submitted in writing and acknowledged by The Crayon Room.

4.2 Revisions: A maximum of three (3) revisions per deliverable is allowed. Additional revisions will incur extra charges.

4.3 Final Approval: The Client is responsible for reviewing deliverables for accuracy. Once approved, deliverables are final, and The Crayon Room is not liable for errors or omissions.

5. Retainers and Social Media Services

5.1 Retainers: Retainer hours not used within three (3) months will be forfeited. Work beyond the retainer hours will be billed at the agreed hourly rate. Retainers require 60 days’ written notice for termination. Negative balances must be settled within seven (7) days.

5.2 Content Submission: Organic post content must be submitted by the 5th of each month for timely scheduling.

5.3 Approval Deadlines: Clients must approve content within three (3) business days to maintain the posting schedule.

5.4 Reports: Monthly or Quarterly performance reports are included if they are part of the selected social media package or SEO package. Custom reports are available for an additional fee.

6. Website Design and Development

6.1 Client Responsibilities:

• Provide all required documentation, written content, graphic images, and photographs in high digital quality within 10 calendar days after the deposit is received.
• Ensure copyright ownership of all supplied materials.
• Pay yearly hosting and domain renewal fees as specified.
• Supply payment gateway details for WooCommerce integration if applicable.
• Pay annual third-party costs for plugin updates and licenses

6.2 Service Provider Responsibilities:

• Develop the website according to the scope and specifications outlined in the agreement.
• Provide hosting services on Dedicated Xneelo Servers.
• Assist with domain registration and renewal. (Only if we manage the domain)
• Keep all Divi website themes up to date (only for websites built on DIVI and hosted by the service provider.)

6.3 Additional Work and Fees: Any work beyond the scope of the agreement will be billed at an hourly rate of R400. The Service Provider will notify The Client of additional work and costs before proceeding, requiring written approval.

6.4 Post-Launch Support: Limited to fixes for agreed features. Additional requests will be billed at the standard hourly rate.

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during and after the term of the Agreement.

8. Limitation of Liability

The Crayon Room will not be held liable for:

• Errors arising from third-party tools or services.
• Issues due to changes in search engine algorithms or third-party policies.
• Direct, indirect, or consequential damages resulting from the use of services.

9. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond their control, including but not limited to natural disasters, strikes, or government actions.

10. Backups

10.1 The Crayon Room will hand over source files and exported formats to The Client. It is The Client’s responsibility to ensure backups are maintained.

10.2 The Crayon Room is not liable for data loss or server issues caused by third-party providers. Regular backups are The Client’s responsibility.

11. Payment Terms

11.1 Payments must be settled within 7 days of the invoice date.

11.2 Final payment for websites is required before publishing the live website.

11.3 Retainer payments must be made by the 1st of each month before work begins.

11.4 Late payments on hosting or domain fees may result in downtime, with a reactivation fee charged.

11.5 Deposits are non-refundable.

11.6 Late payments incur a 1.5% monthly interest rate. Unpaid accounts may result in service suspension or termination.

12. Dispute Resolution

Any disputes will first be resolved through negotiation. Failing resolution, disputes will be referred to mediation or arbitration under South African law.

13. Governing Law

This Agreement is governed by the laws of South Africa.

By paying any invoice issued by The Crayon Room, The Client agrees to these terms and conditions.