Terms and Conditions

1. Introduction
   
   • These Terms and Conditions govern all services provided by Monique Cloete (“the Service Provider”) to the client (“the Client”). By engaging my services, approving a quote, or making payment, the Client agrees to be bound by these Terms and Conditions.
2. Scope of Services
   
   • All services are provided as outlined in the approved quotation, proposal, or written agreement. Any additional work requested outside of the agreed scope will be quoted for separately and will only commence once approved in writing.
3. Quotes & Validity
   
   • All quotes are valid for 14 days unless otherwise stated. Pricing may be revised if the project scope changes or if commencement is delayed beyond the quoted validity period.
4. Payment Terms
   
   • A non-refundable deposit of 50% is required before any work commences, unless otherwise agreed in writing.
   • The remaining balance is payable upon project completion or as per the agreed milestones.
   • All invoices are payable within 7 days unless otherwise stated.
   • Late payments may result in work being paused until payment is received.
   • The Service Provider reserves the right to charge interest on overdue amounts in accordance with South African law.
5. Revisions & Approvals
   
   • Quotes include a limited number of revisions as specified in the proposal.
   • Additional revisions will be billed at an hourly rate.
   • Final approval of designs, content, or functionality confirms acceptance. Any changes requested after approval will be treated as new work.
6. Client Responsibilities
   
   • The Client agrees to:
   • Provide all required content, feedback, and approvals timeously.
   • Ensure that all supplied content (text, images, logos, data) is owned by the Client or legally licensed.
   • Review and approve work carefully before final sign-off.
   • Delays in feedback or content may impact timelines and delivery dates.
7. Intellectual Property & Usage Rights
   
   • All intellectual property remains the property of the Service Provider until full payment has been received.
   • Upon full payment, the Client is granted usage rights for the final approved deliverables.
   • The Service Provider retains the right to showcase completed work in portfolios, on social media, and for marketing purposes unless otherwise agreed in writing.
8. Website & Digital Services
   
   • Website builds are completed using agreed platforms and tools (e.g. WordPress, Elementor, plugins).
   • The Service Provider is not responsible for third-party software updates, hosting failures, plugin conflicts, or platform outages.
   • Ongoing website management, maintenance, or support is not included unless agreed as part of a retainer or separate agreement.
9. SEO, Marketing & Performance
   
   • While best practices are followed, the Service Provider does not guarantee specific rankings, traffic, leads, or sales results. Performance is influenced by multiple external factors beyond the Service Provider’s control.
10. Cancellations & Termination
    • If the Client cancels a project after work has commenced, the deposit remains non-refundable.
    • Any work completed beyond the deposit value will be invoiced accordingly.
    • The Service Provider reserves the right to terminate services if payments are overdue, communication breaks down, or the working relationship becomes unprofessional.
11. Limitation of Liability
    • The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of delivered work, including loss of revenue, data, or business opportunities.
12. Governing Law
    • These Terms and Conditions are governed by the laws of the Republic of South Africa.
13. Branding & Graphic Design Services
    • All branding, graphic design, and visual assets are developed based on the approved brief and scope.
    • Conceptual work, drafts, and unused designs remain the intellectual property of the Service Provider unless otherwise agreed in writing.
    • Final deliverables are supplied in the formats specified in the proposal. Editable source files (e.g. AI, PSD, INDD) are not included unless explicitly agreed and paid for.
    • Any reuse, adaptation, or extension of branding assets beyond the original scope may require additional licensing or fees.
14. Website Design & Development
    • Website projects include design and development based on the agreed scope, platform, and functionality.
    • Content population is limited to what is specified in the proposal. Additional pages or content uploads will be quoted separately.
    • The Client is responsible for ongoing hosting, domain registration, software licenses, and third-party subscriptions unless otherwise agreed.
    • Once a website has been approved and launched, the Service Provider is not responsible for changes made by the Client or third parties.
15. Digital Marketing & Campaign Services
    • Marketing strategies, campaigns, and content are created based on industry best practices and client objectives.
    • The Service Provider does not guarantee specific performance outcomes such as reach, engagement, conversions, or sales.
    • Ad spend, third-party tools, and platform fees (e.g. Meta, Google Ads) are excluded unless stated otherwise.
    • The Client is responsible for final approval of all campaign content before publishing.
16. Photography Services
    • All photographs taken remain the intellectual property of the Service Provider until full payment is received.
    • Upon full payment, the Client is granted usage rights for the images as outlined in the agreement (e.g. website, social media, marketing).
    • Images may not be sold, transferred, altered, or used for resale without written permission.
    • The Service Provider retains the right to use photographs for portfolio and promotional purposes unless otherwise agreed in writing.
    • Raw, unedited images are not supplied unless specifically agreed beforehand.
17. Video Production Services
    • Video content is produced according to the approved brief, script, and deliverables.
    • Ownership of final edited videos transfers to the Client upon full payment, subject to usage rights agreed.
    • Raw footage remains the property of the Service Provider unless otherwise agreed and paid for.
    • Additional edits, versions, or formats requested after final approval will be billed separately.
    • The Service Provider may showcase completed video work for portfolio and marketing purposes unless restricted by written agreement.
18. Training, Support & Website Management
    • Training sessions provided to the Client or team members are intended as guidance and knowledge transfer.
    • The Service Provider is not responsible for errors, data loss, or issues arising from actions taken by the Client after training.
    • Ongoing website management, content uploads, or support are only included where a retainer or maintenance agreement is in place.
19. Third-Party Content & Platforms
    • The Client confirms that any third-party content, fonts, plugins, stock images, or software used are properly licensed.
    • The Service Provider is not liable for changes, pricing updates, or discontinuation of third-party platforms or tools.
20. Acceptance
    • By accepting a quote, making payment, or engaging services, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.

 

Service-specific terms apply in addition to the general Terms & Conditions and form part of the overall agreement between the Client and the Service Provider.