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General Terms and Conditions

The following terms and conditions apply to all website development / design services provided by Cross Conglomerate PTY Ltd, referred to as Cross Industries, to the Client.

Terms and Conditions

The following terms and conditions apply to all website development / design services provided by Cross Conglomerate PTY Ltd, referred to as Cross Industries, to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2.Definitions

In these Terms and Conditions, unless the context otherwise indicates, the following words shall bear the meaning assigned to them:

  • “Cross Industries” means Cross Conglomerate PTY Ltd t/a Cross Industries (registration number: 2018/378310/07), a company with limited liability duly registered and incorporated in terms of the Company Laws of the Republic of South Africa with its principal head office place of business situated at 55 Baldwin Street, Schoemansville, Hartbeespoort, South Africa, 0216.
  • “Client” means any person, including an association of persons, a partnership, a firm, a company and a close corporation or any other legal entity, making a booking for the selection and purchase of advertising media space for the publication/brand/platform of an advertisement other than through or by means of an Advertising Agent or Agent.
  • “Project” refers to totality of the products, services, items, designs, etcetera as defined in the proposal under the “Scope” section.
  • “Deliverable(s)” refers to any completed products, services, items, designs, etcetera as defined in the proposal under the “Scope” section.
  • “Proposal” refers to the document which details the project and all that it encompasses, as signed and agreed to by the Client.
  • “Publication / Publish / Published” encompasses all media platforms offered by the Company, including but not limited to print, digital, mobile, email newsletters, social media, video, event sponsorships and webinars.

3. Charges
Charges for services to be provided by Cross Industries are defined in the project quotation / proposal that the Client receives via e-mail. Quotations / proposals are valid for a period of fourteen (14) days, unless stated otherwise. Cross Industries reserves the right to alter or decline to provide a quotation after expiry of the fourteen (14) days, unless stated otherwise.
Payment for services is due by EFT. Bank details will be made available on invoices.

4. Client Review
Cross Industries will provide the Client with an opportunity to review the appearance and content of the deliverables during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cross Industries otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control
Cross Industries will publish or supply the final product by the date specified in the project proposal, or at a date mutually agreed upon by the Client and Cross Industries after receiving the payment(s) as stipulated in the proposal.

The Client agrees to delegate a single individual as a primary contact to aid Cross Industries with progressing the commission in a satisfactory and expedient manner.

During the project, Cross Industries will require the Client to provide the relevant content such as text, images, video and sound files, etcetera..

6. Failure to provide required content:
Cross Industries is a small business and as such, to remain efficient, we must ensure that work is carried out at the scheduled time.

This is why we ask that you provide all the required information in a timely manner when requested. On any occasion where progress cannot be made with the project because we have not been given the required information in the agreed time frame in the accepted proposal and we are delayed as a result, we reserve the right to impose a surcharge at a rate of 2% per month, levied on all outstanding payments.

If you agree to provide us with the required information and subsequently fail to do so within two (2) weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Therefore, please only give us the go-ahead when you are sure that you are ready, and you have all the relevant information at hand.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document or as a Google Drive document.

7. Payment
Terms of payment is 30 days from date of invoice. Final payment is required upon completion of the project, but before delivering the final deliverable(s). Invoices are sent via email.

An interest charge at a rate of 2% per month will be levied on all outstanding payments. Payment will be required on a monthly basis against the completion of deliverables as set out in the cash flow projection attached in Appendix B of your proposal, if applicable.

Should any delay occur beyond reasonable control, caused by the client or others, then any increase in cost arising from such delays will be for the client’s own account.

8. Additional Expenses

Client agrees to reimburse Cross Industries for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

9. Web Browsers
In the case of web-based deliverables, Cross Industries makes every effort to ensure that the deliverables are designed to be viewed by the majority of visitors. Web-based deliverables are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Cross Industries cannot guarantee correct functionality with all browser software across different operating systems.

Cross Industries cannot accept responsibility for web-based deliverables which do not display acceptably in new versions of browsers released after having been designed and handed over to the Client. As such, Cross Industries reserves the right to quote for any work involved in changing the web-based deliverable for it to work with updated browser software.

10. Termination
Termination of services by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity
Cross Industries services may be used for lawful purposes only. You agree to indemnify and hold Cross Industries harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Cross Industries the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Cross Industries permission and rights for use of the same and agrees to indemnify and hold harmless Cross Industries from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Any contract for web-based deliverables and/or placement shall be regarded as a guarantee by the Client to Cross Industries that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery
This Agreement assumes that any text will be provided by the Client in electronic format (electronically or via e-mail) and that all photographs and other graphics will be provided electronically in high quality .gif, .jpeg, .png or .tiff format.

14. Design Credit
The Client agrees that any and all designs developed for the Client may be presented in Cross Industries’ portfolio. This includes usage on Cross Industries’ Social Media and website. In the case of website design, a link to Cross Industries’ website will appear in either small type or as a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design.

15. Post-Publishing Alterations
Cross Industries cannot accept responsibility for any alterations caused by a third party occurring to the deliverables once published. Such alterations include, but are not limited to additions, modifications, or deletions.

16. General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature on a proposal or any payment constitutes agreement to and acceptance of these Terms and Conditions.

17. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Cross Industries will honour the components of your chosen social media package, providing an agreement to a minimum three (3) months’ contract is made and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

18. Governing Law
This Agreement shall be governed by The Laws of South Africa.

19. Liability
Cross Industries hereby excludes itself, it’s Employees and, or Agents from all and any liability from:
– Loss or damage caused by any inaccuracy;
– Loss or damage caused by omission;
– Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the deliverable(s);- Loss or damage to clients’ artwork / photos, supplied for the site, immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Cross Industries to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

20. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

21. Refunds and Cancellations
Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Cross Industries and if applicable, a fee for all work completed beyond what was already paid for, shall be paid by the client.

All payments are non-refundable and Cross Industries does not issue pro rata refunds for fees paid in advance.

22. Confidentiality and Data Protection

22.1. Each party (the “Restricted Party”) shall, and shall ensure that every other member of its personnel shall keep confidential and shall not use for its own purposes, nor disclose, any information of a confidential nature about the other party or its business (including but not limited to Client information, trade secrets and information of commercial value) which becomes known to the Restricted Party unless such information is already in the public domain otherwise than by reason of a breach by the Restricted Party of its obligations under this clause 13. Disclosure is, however, permitted to the extent that any such disclosure is:
22.1.1. required by law;
22.1.2. requested by the Restricted Party’s professional advisers or a regulatory body to whose jurisdiction or rules the Restricted Party is subject or in relation to a prospective investment by or in the Restricted Party;
22.1.3. to the Restricted Party’s employees, agents, or professional advisers where it is reasonably necessary or desirable to enable the Restricted Party to comply with this Agreement provided that before the disclosure takes place the Restricted Party makes such employees, agents, or professional advisers aware of its obligations of confidentiality under this Agreement and at all times procures compliance by such employees and agents therewith; or
22.1.4. made with the prior written consent of the other party.
22.1.5. The Parties agree not to disclose to any unauthorised person any Personal Data of a data subject that is processed by either party in terms of this Agreement and to comply in all respects with the provisions of any applicable data protection legislation to which they may be or become subject.
22.1.6. Each party agrees that the provisions of this clause 13 shall survive the termination of this Agreement, however arising.

23. Warranties

23.1. Each of Inspired and the Client warrants that it is legally entitled to enter into this Agreement; that the performance of its obligations under this Agreement will not in any way constitute an infringement of any other person’s rights including the intellectual property rights of any third party; that the persons signing or accepting this Agreement on behalf of it are duly authorised to do so; and furthermore that its entry into and performance of this Agreement does not and will not violate any agreement to which it is a party or is binding on it.
23.2. Each party’s undertakings set out in this Agreement shall be the full extent of its obligation to the other party concerning its performance or non-performance under this Agreement. Accordingly, except as aforesaid, all warranties, conditions, or representations, expressed, implied, statutory or otherwise and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of either party in the course of negotiations with the other party or its representatives are hereby excluded, insofar as the same are capable of exclusion by law.
23.3. Save as expressly provided for in this Agreement, no warranty, condition, undertaking, term, or otherwise is given or to be implied as to the suitability of any services supplied or software developed or supplied by Inspired for the Client for any particular purpose including compliance with any legal obligation to which the Client may be subject, or for use under any specific conditions, notwithstanding that any such purpose or conditions may be known or made known to inspired and all such warranties, conditions, undertakings and terms are hereby expressly excluded.

24. Product-Specific Terms and Conditions

24.1.      In relation to web design and/or development or any such similar product, please take note of the following:
24.1.1     Google Business and Google Maps need to be set up by yourself.
24.1.2    Ranking on Google Search is influenced by many factors and getting you to the top of the search results is not included in this package. Only basic Google Analytics setup is included to get the website started and for Google to profile the website on its search engine.
24.1.3    The hosting and domain registration costs are not included in the price, and this separate annual fee is thus for your own account. The average annual price for this will be approximately R2500 (prices are subject to change depending on the current economy and suppliers).
24.1.4    Cross Industries will select the host company based on their expertise and for ease of use to develop the website. The domain registration will be to a ‘.co.za’ (for South Africa) or ‘.com.na’ (for Namibia) domain.
24.1.5    The generation of any additional info and pages which are not included in the above packages will be charged at an additional rate as set out by Cross Industries. This is to be agreed to with you in writing before any additional work commences.
24.1.6    You will be responsible for the copy, icons, and photos for use on the website. However Cross Industries can provide free stock images, and paid stock images can be added at an additional cost.
24.1.7    If you do not approve any of the given designs, only 3 additional changes (reverts) will be available to assist in finalising the website and its design. More changes will be charged at an hourly rate determined by Cross Industries and will be discussed upon acceptance of the package.
24.1.8    Maintenance only ensures that WordPress and all plugins are up to date and that there are no security concerns. Maintenance does not include any update(s) to content.
24.1.9    If your project involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
24.1.10  Text content should be delivered as a Microsoft Word, email (or similar) document or Google drive doc, with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Please contact us if you need clarification on this.
24.1.11   If the Client’s website is to be installed on a third-party server, Cross Industries must be granted temporary read / write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
24.1.12  Cross Industries may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Cross Industries. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
24.1.13  If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
24.2. In relation to graphic design, creative marketing, corporate identity, or any such similar product, please take note of the following:
24.2.1    All printing costs are excluded. Printing can be arranged with Cross Industries at an additional rate payable by you and determined by Cross Industries.
24.2.2   If you do not approve any of the given designs, only 3 additional changes (reverts) will be available to assist in finalising given design(s). Any further changes will be charged at an hourly rate determined by Cross Industries and will be discussed upon acceptance of the package.
24.3.     In relation to the overall timeline, please take note of the following:
24.3.1    Cross can only start with any given project once we have received a deposit along with a proof of payment.
24.3.2   The project timeline is dependent on your own punctuality in responding to quotations, invoices, and/or any communication between any Cross employee and yourself.
24.4.     In relation to Google Ads and design, please take note of the following:
24.4.1    Ad campaign costs per hit, etc., are excluded; the price varies depending on your needs and is billed to you monthly by Google.
24.4.2   The design cost can be a once-off cost, but reporting is billed monthly.
24.5.     In relation to Social Media and related products, please take note of the following:
24.5.1    Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Cross Industries will honour the components of your chosen social media package, providing an agreement to a minimum three (3) months’ contract is made served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
24.6 In relation to copywriting, proofreading, editing, and any such similar products please take note of the following:
24.6.1 With regards to the copywriting of a blog post(s), the client will be charged a variable fee per word for each blog post ranging from 100-400, 401-800, 801-1200, and 2001-3000 words. The copywriting procedure includes research on each blog’s topic and this is included in the per-word fee.
24.6.2 Photos and/or images are excluded and are to be provided by the client.

25. Non-disclosure

This document is the property of Cross Conglomerate (Pty) Ltd and shall not be copied, shown, or communicated to a third party without the consent of the owner. Receiving this document by any individual, organisation, entity or their employees or representatives (herein the Receiver) constitutes the Receiver’s agreement that they are acquainted with the provisions of the Protection of Information Act (Act No.84 of 1982) and in particular with the provisions of section 4 of the Act.

The Receiver realises it is guilty of an offence should it disclose any information at its disposal on account of this proposal, to anyone other than

25.1        a person lawfully entitled to it; or
25.2       a person to whom the Receiver is in duty bound to disclose it in the interests of the Republic; or
25.3       a person to whom the Receiver has been authorised to disclose such information – by Cross Conglomerate (Pty) Ltd or another official authorised by Cross Conglomerate (Pty) Ltd

26. Copyright

Under South African copyright laws, this document may not be reproduced or transmitted in any form, electronic or mechanical, including photocopying, recording, storing in an information retrieval system, or translating, in whole or in part, without the prior written consent of Cross Conglomerate (Pty) Ltd.

27. Data Privacy
Personal Information will not be shared with any third party and will only be used to fulfil requirements of the competition and marketing by Cross Industries, subject to your data subject rights as set out in our Privacy Notice.
Information will only be kept as stated in the Privacy Policy (for Cross Industries).
To opt-out from additional information, send us an email at info@crossindustries.co.za.