1. Expenses such as photography and prints, reproduction and printing, bulk postage, photostock images, telephone calls outside of the SA area, advertising and advertorial costs, prizes, translations, travel outside of SA, lobby consultants, if not stated in this quotation are not included in the fees and will be billed accordingly. At all times, cost estimates will be supplied for approval to The Client by CMI.
2. All designs, property, and concepts (“intellectual property”) detailed have been developed by CMI and are considered to be of a proprietary nature. These ideas and concepts remain the intellectual property of CMI, till paid for in full by The Client.
3. Tax: All prices exclude VAT
4. Payment: Invoices are due 30 days from date of issue. Invoices which remain unpaid beyond 30 (thirty) days may be charged interest at the rate of 2 % above the prime lending rate charged by Standard Bank Ltd per annum on the outstanding balance.
5. Validity: Any quotation or published costs are only valid for 30 (thirty) days. Once an order has been placed, the price remains valid for a further 6 (six) months, after which the quote can be revalidated at CMI’s sole discretion or re-quoted based on current prices.
6. Disclaimer: CMI shall not be held responsible for any content supplied by the Customer and the Customer hereby indemnifies and holds harmless CMI against all and any claims whatsoever arising therefrom.
7. Copyright: The Customer shall retain the copyright to any data, files, graphic logos and other content provided by the Customer, and hereby grants CMI the rights to publish and use such material. The Customer must obtain permission and rights to use any information, files, or other content that are copyrighted by a third party and the Customer hereby warrants that all such permissions and rights have been lawfully obtained. The Customer hereby indemnifies and holds harmless CMI from any and all claims resulting from the breach of the Customer’s warranty as aforementioned.
8. Acceptance: The Customer hereby accepts these terms and conditions upon payment of an advance fee, or payment in any manner or form, or upon submission of a request for a service with CMI, or upon signature of the CMI Quote / Order Form.
9. Customer Review: CMI will provide the Customer the opportunity to review the project upon submission thereof. At the submission of the project, such materials will be deemed to be accepted and approved unless and until the Customer notifies CMI within 60 (sixty) calendar days of the date the materials are made available to the Customer.
10. Customer Content: During the project CMI will require the Customer to provide all such copy and images and other content (“content”) as may be required by CMI for the purposes of the project. If such content, or any other thing which CMI deems in its sole discretion to be required for the purposes of the project, is not provided within 4 (four) weeks of a request via email, CMI reserves the right to revise the project fee based upon new or revised pricing schedules at the sole discretion of CMI. Alternatively, CMI reserves the right to publish information received and consider the project complete.
11. Electronic Formats: Unless otherwise specified, all quotes are on the basis that the client will provide all information in a suitable electronic format. Images are to be provided in jpg, gif, png, tif, psp and bmp. Text to be provided in an editable format, such as, doc, xls and txt. Acceptance of other formats is at CMI’s sole discretion.
12. Spelling and Grammar: Unless otherwise specified, CMI does not check the grammar and spelling or of content provided by the customer. This is the customer’s responsibility.
13. Meetings: Unless otherwise specified, the quote assumes any meeting required with CMI designers or developers, at the client’s premises, can be arranged at the relevant rate.
14. Breach: Any account that remains unpaid after 30 (thirty) days of presentation of invoice shall be deemed to be in breach of the terms and conditions. In the event of a breach, any information or files maintained by the Customer on CMI’s web space, shall be removed from such web space at the sole discretion of CMI. CMI shall not be responsible for the loss of any data incurred as a result of such removal and the Customer shall have no claim in respect of any damages suffered as a result of such loss. The removal of any Customer content shall not be construed as relieving the Customer from any obligation under the terms and conditions. In the event that CMI is required to institute legal action for the recovery of any monies dues, or for any other lawful purpose whatsoever, the Customer shall be liable for the legal costs of CMI on the attorney and own client scale.
15. Termination: A 30 day notice of termination of a project by the Customer must be properly communicated to CMI via email. Such termination shall only become valid upon confirmation of receipt by CMI, which confirmation shall not be unreasonably withheld. The Customer shall be invoiced and liable for a termination fee as specified under the relevant commission.
16. Liability: CMI’s liability is limited to the correction of errors or at CMI sole discretion to refund the applicable portion up to a maximum of the project quote value with no further liability. CMI shall not be liable for any indirect, special, punitive, exemplary or consequential damages, including damages for lost production, plant shut-down, service interruptions, increased expense of operation, increased costs of power supply, loss of use of capital, lost revenue, lost product, lost profit or lost business opportunities, from any cause whatsoever, including the negligence of any person or entity. CMI specifically excludes any liability for loss of data from any cause whatsoever, including the negligence of any person or entity.
17. Backups: It is the customers’ responsibility to ensure that all data, formats and content is properly backed up. We will use reasonable endeavors to ensure the safekeeping of any data or content which you may provide or upload to our servers from time to time, such as photographs, web sites, videos, data and e-mail messages. However, it is your obligation to keep copies and back-ups of your data, as we will not be liable for any direct or indirect loss or damages of any kind, which you may suffer as a result of the loss of your data, or any part thereof, for any reason whatsoever (including as a result of our negligence);
18. General: These terms and conditions supersede all previous representations, understandings or agreements. The Customer’s signature on the CMI Quote / Order Form, or payment of an advance fee constitutes agreement to and acceptance of these terms and conditions. Payment via electronic transfer is an acceptance of these terms and conditions. No addition to, variati on or agreed cancellation of any provision of these terms of use shall be binding upon CMI unless agreed to, in writing, by CMI. No indulgence or extension of time which CMI may grant to the Customer shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of CMI in terms hereof, save in the event or to the extent that CMI has signed a written document expressly waiving or limiting such rights. CMI shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to the Customer. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. The Customer hereby consents to exclusive jurisdiction of the South African courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.
