GENERAL

  1. “aMUSEink” shall mean aMUSEink – advertising agency (or any of its subsidiaries. “The Client” is defined as the signatory or any authorised person/s placing an order with aMUSEink acting or purporting to act on their own or any person or entity doing any business with AMUSEink on the Client’s behalf, shall be deemed to have read and agreed to these terms and conditions of business.
  2. All quotation is valid for 10 (ten) days of date of quotation, not including quotes which are exchange rate sensitive, unless otherwise stipulated
  3. The client is given 72 hours to check updated work/previews. If no feedback has been received within 72 hours, aMUSEink reserves the right to bill for work completed.
  4. The signing of the agreement or a written acceptance via email constitutes
  5. By acceptance of our online quote an order and the signing thereof shall be deemed to constitute acceptance of the terms and conditions contained herein, which terms and conditions shall take precedence over and supersede any other written or oral agreement concluded between the client and aMUSEink or its agents or representatives. No project will commence until relevant deposits have been received.
  6. If it is necessary to engage in legal action with a client either due to non-payment of fees or other reasons, the client will be held liable for these costs incurred.
  7. No variation or amendment hereof or addition there to shall have any force or effect unless reduced to writing and signed by the client and aMUSEink or their duly authorized agents. No indulgence, extension of time, relaxation or latitude show, granted or allowed by aMUSEink to the client shall in any way constitute a novation or waiver by AMUSEink of any of its rights hereunder, nor shall aMUSEink be stopped from exercising any of its rights hereunder by virtue thereof.
  8. The client consents to the jurisdiction of the Magistrates’ Court having jurisdiction over its person, irrespective of the amount in dispute. Should aMUSEink choose to institute action in the High Court, AMUSEink shall not be limited to recovering costs on the magistrates’ Court scale.
  9. All costs and disbursements, including attorney and own client costs incurred by aMUSEink in enforcing its rights in terms hereof, including but not limited to the collection commission and tracing fees, shall be borne by the client. A collection commission of 18% will be levied should the matter be referred for collection.
  10. A certificate signed by any manager of AMUSEink (whose appointment need not be proved by AMUSEink), as to any amount due and/or owing by the client in terms of or arising out of the agreement shall be pima facie proof of such amount for all purposes including pleadings, any judgment and provisional sentence.
  11. All parties hereto choose their domicilium citandi et executandi for all notices and processes at the physical address as recorded on the contract. Any notice of change of address must be given in writing by the party concerned and delivered by hand or sent by registered mail to the other party, which shall be deemed to have been received within 7 (seven) days of posting.
  12. All briefs of work are to be clear and concise, as to avoid unplanned deviations. Both Parties must be willing and helpful in respect of the common goal, and the understanding of the brief. This may include the creation of additional resources, i.e. storyboards, feeler boards etc. Any fluctuation from the initial approved brief is subject to additional charges. aMUSEink reserves the right to request additional fees upon such deviations if they are detrimental to the work flow and the process of creation.
  13. All artwork needs to be approved by the client either in writing or email signed proof artwork. aMUSEink cannot be held reasonable for errors once the artwork has been approved including typos, spelling mistakes and incorrect supplied details. aMUSEink can provide the services of a professional proof reader at a cost if required.
  14. If the Client wishes, at any time, to end the agreement of work with aMUSEink, the Client is liable for payment up to the point where work has been done, and possibly for any damages that aMUSEink may suffer due to pre-delivery termination of contract. This is subject to an agreement of termination, which must be signed by both parties, and which must contain the details concerning the following: Rights and ownership of the work, Rights and Ownership of the Result and the Liability for fees.
  15. An agreed deadline between the client and the aMUSEink is subjective to the speed of the correspondence of the client and a subject to change if feedback is slow. If deadline will not be made due to situation outside our control such as supplier issues, the client will be advised.

LIABILITY

  1. The Client acknowledges and agrees that it is in a position to identify and evaluate the potential impact, benefits and risks associated with or arising out of Services including insofar as they relate to its activities and stakeholders.
  2. Save for where the Client has expressly requested and authorised aMUSEink in writing to procure and arrange, at the Client’s own approved expense, professional indemnity or project insurance to cover and insure against any claims that may be made against aMUSEink by the Client in respect of the Services and save for where the Client has made payment in full of the costs of any such insurance prior to the commencement of the Services, aMUSEink shall not be liable to the Client in respect of any claim for any damages or loss including special, exemplary, indirect, incidental, consequential, punitive or tort damages arising out of, or in connection with this Agreement or the Services.
  3. Under no circumstances and in no event shall aMUSEink be liable to the Client, nor any third party to whom the Client may cede any of its rights where authorised to do so in terms of this Agreement, in respect of any claim made against aMUSEink or arising out of the Services or any act or omission of aMUSEink other than a claim for an insured event or circumstance expressly contemplated and provided for by the insurance cover referred to in paragraph 2 above where such cover is procured at the request and expense of the Client. AMUSEink’s liability to the Client or any third party in respect of any claim arising as a result of any insured event or circumstance shall not exceed the maximum aggregate amount or amount per claim that may be successfully claimed by AMUSEink in terms of any such cover. On the request of the Client, AMUSEink shall furnish the Client with a copy or summary of its insurance policy document and it shall at all times remain the responsibility of the Client to ensure that the terms and extent of any such cover held or procured by AMUSEink is sufficient in its nature and extent and is on terms satisfactory to the Client.
  4. AMUSEink shall have no liability to the Client or any other person arising from any act or omission of a Third Party Service provider. AMUSEink’s sole and exclusive responsibility in relation to Third Party Services shall be act with reasonable diligence and care in selecting Third Party Service providers and in responsibly managing the Client’s account with any such Third Party where applicable.
  5. Save as expressly contemplated and provided for herein, under no circumstances shall AMUSEink be liable to the Client for any other claims including any claims for consequential or indirect damages or loss, including loss of business or loss of profits.

FEES

  1. aMUSEink requires a 50% deposit and signed terms and conditions (for new clients) in order for work to begin. Project dates will be moved accordingly from date when payment reflects.
  2. Invoice needs to be processed before or on due date supplied on invoice
  3. Payments are via electronic fund transfer or cash deposit only (with client responsible of depositing fees). All invoices are to be settled in 10 business days.
  4. In the event that the Client wishes to dispute all or any portion of an invoice supplied by aMUSEink, then, and in that event, and subject to the provisions of paragraph 6, the Client shall promptly (within 5 business days) notify AMUSEink in writing of its full reasons for doing so. Upon notification of a dispute the parties shall attempt to resolve such dispute in good faith and the Client shall continue to make payment to aMUSEink of all undisputed invoices or undisputed components of any invoices
  5. In the case of partial or total non-payment by the Client of any charges due to AMUSEink under this Agreement, including in respect of any disputed invoice or disputed component thereof which is later resolved in favour of AMUSEink, the Client shall be liable to make payment of interest on the amount payable at the rate of 2% per month calculated on a daily basis from the date such charges first become due and compounded monthly in arrears until receipt of full payment by AMUSEink.
  6. Retainer fees shall be due and payable irrespective of whether the Client makes full use of AMUSEink’s retained resources or services.

WEBSITE DEVELOPMENT

  1. All proposals and structures will remain the property of aMUSEink until payment has been received in full. Projects will be considered paid when the specified amount reflects and is cleared on our banking statement.
  2. aMUSEink reserves the right to refuse to construct a web site, which we may judge as unfit due to the content or otherwise.
  3. Any code used for a client’s project might have been used in the past for previous projects or for future projects, as we do occasionally make use of open source resources.
  4. All material, both text and images supplied by the client and used in construction of the client’s web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. Neither aMUSEink, nor any employee of AMUSEink may be held responsible for legal action taken against the client for infringement of copyright material supplied by the client.
  5. aMUSEink shall not be obliged to provide continuing maintenance and support service to the Customer, unless a service level agreement is in place between both parties. aMUSEink may be booked on an ad hoc basis where website maintenance is charged at R 450.00 00 per hour (content maintenance only).
  6. Web development projects placed on hold by the client for reasons outside our control will be subject to a monthly admin fee of 5% of the project value per month.
  7. Additional services not mentioned within the proposal will be quoted & charged for separately.
  8. All web designs include a specified number of proofs. All designs thereafter will be charged per design.
  9. All server and domain name registration’s fees are annual and would need to be paid annually if the client decides to keep the select domain accessible to the public

AUTHORING FILES & GENERAL WORKFLOW

  1. All composed/final closed (non-editable) artwork files developed by aMUSEink will remain © Copyrighted to aMUSEink until such time that the client pays aMUSEink for ownership of such graphic files and content. All files, content, editable files and sketched produced to produce the final artwork remains property of aMUSEink
  2. All photo editing must be specified in an official brief. Any additional photo editing deviating from the brief will be charged at R450.00 per hour.
  3. All Text info / copy to be forwarded to AMUSEink in electronic format ready to cut and paste. All images need to be supplied in JPG / BMP format. Scans are charged at R25.00 per A4 page.
  4. Unless specified otherwise this quotation does not include any photographic services, stock images or 3D design and development or hand illustrations.
  5. When a client requires that a database be developed for an in-house server, this quotation does not include the setup of an intranet infrastructure, or a network analysis, or the setup of in-house servers to host databases.
  6. No databases will be transferred onto external servers unless full relevant payments have been received. Database ownership will be fully owned by the client on full settlement of outstanding fees.
  7. Third party libraries used in all developments – Please note that all software development contains Open Source Libraries to which the ownership falls to third party license holders (Such as PHP/MySQL) etc.
  8. Population of databases are charged at R450.00 per hour if required.
  9. The person whose signature appears or has approved the quote on this document authorises this quotation on behalf of the client / company and binds the client / company to the terms and conditions of this document.
  10. Work produced for the client may be used in promotional material for aMUSEink unless otherwise specified by the client.