Terms and Conditions

Last updated: January 2021

The following Terms & Conditions are a legal and binding document, applicable to all Software and/or Products and/or Services undertaken by V4 Creative (Pty) Ltd for and on behalf of any Client(s) who have duly accepted V4 Creative’s Quotation(s) for any such Software and/or Products and/or Services, and therefore authorised V4 Creative to render the aforementioned Products and deliver said Services. V4 Creative provides all software and/or Products and/or Services under the understanding that the Client has agreed to V4 Creative’s Terms and Conditions.

Standard Business Terms
Domain & Hosting Terms
Website Design Terms
Digital Maketing Terms

Standard Business Terms

1. Agreement

  1. V4 Creative reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
  2. It is the Client’s responsibility as a diligent user to check any amendment posted on the website.
  3. If the Client object to any amendment, the Client may terminate the relationship with V4 Creative under clause 6.

2. Client Status

  1. The Client may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
  2. If a person enters into our Agreement:
    • in a representative capacity on behalf of a Client who is an incorporated entity;
    • on behalf of an unincorporated entity; or
    • in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies V4 Creative against any loss or damage that V4 Creative may sustain resulting from the person’s lack of authority; and- all the information supplied to V4 Creative at any time relating to the entity, trust, partnership, association or other people who they represent is true, accurate, and complete.
  3. V4 Creative reserves the right to treat all misrepresentations by the Client or the person representing the Client as a fraud. The person representing the Client indemnifies V4 Creative against any loss or damage that V4 Creative may sustain resulting from the person’s lack of authority.
  4. If V4 Creative discover that the Client has fraudulently contracted to receive Services or that the Client’s representative has contracted without the contractual capacity to do so, V4 Creative may end the Agreement or Services immediately without any further notice to the Client and the Client may not claim any restitution or refund of any amount the Client has already paid, regardless of whether the Client has used the Services or not.
  5. When requested, the Client must give V4 Creative sufficient proof of the authority of the person who takes any action or executes documents on the Client’s behalf for our Agreement. This includes providing proof that the authorised signatory of the Client’s bank account has permission to debit the Client’s account.
  6. If there is a dispute between individuals or entities the Client are involved with (including partners, shareholders, trustees, employees), v4 Creative may act on the representation of a person claiming to be duly authorised to represent the Client, without having to independently verify the authority.
  7. The Client indemnifies V4 Creative from any action or inaction based on the representation in 2.6. If however, V4 Creative asks the Client to give V4 Creative independent verification of the authority of any individual, the Client must provide it to V4 Creative in a format that V4 Creative find reasonably acceptable.

3. Service Fees and Payments

  1. The Client(s) must pay all Service fees, as soon as they become due.
  2. The Client must pay the Service fees, according to the frequency of payment in the memorandum of Agreement.
  3. V4 Creative reserves the right to charge interest, which will be calculated at the rate of 7.5% per annum higher than the publicly quoted prime rate of interest charged from time to time by V4 Creative’s bankers on overdraft facilities, on all invoices presented to the Client which are not paid within the period specified within this Agreement.
  4. Where a surcharge is levied by media or other suppliers against V4 Creative due to late payment and this is as a result of later payment from the Client, the Client shall immediately reimburse to V4 Creative the amount of the surcharge, together with any accrued interest charged by the supplier in respect of the overdue account.
  5. If the Client pays Service fees by debit order, the Client authorises V4 Creative to make the necessary transfers from the Clients designated bank account at the beginning of the month as per the Clients preferred frequency of payment for the duration of the Agreement. The Client must put the debit order in place within 7 (seven) days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
  6. V4 Creative reserve the right to amend or vary the Service fees and any amendment or variation of the Service fees will be seen as an amendment of V4 Creative’s Agreement. If V4 Creative amend the Service fees, V4 Creative will give the Client at least 30 (thirty) days prior notice. If the Client object to any amended Service fees, the Client may terminate the relationship with V4 Creative under clause 6.
  7. The Client will not withhold any payment of any amount the Client owes V4 Creative for any reason, (except for an actual breach by V4 Creative of our Agreement). In addition, the Client may not demand any discount, refund, or reduction in respect of any Service fees the Client owes V4 Creative.

4. Suspension of Services

  1. V4 Creative may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services.
  2. Where circumstances permit, V4 Creative will provide prior notice of any service suspension to Clients. However, V4 Creative will not be held liable for any resulting loss or damage suffered as a result of the Service suspension.

5. Force Majeure

  1. Should a Party (“Affected Party”) be prevented from fulfilling any of its obligations in terms of this Agreement as a result of an event of force majeure, then:
    • those obligations shall be deemed to have been suspended to the extent that and for so long as the Affected Party is so prevented from fulfilling them and the corresponding obligations of the other Party (“Unaffected Party”) shall be suspended to the corresponding extent;
    • the Affected Party shall promptly notify the Unaffected Party in writing of such event of force majeure and such notice shall include an estimation of the approximate period for which the suspension will endure. Such estimate shall not be binding on the Affected Party; and
    • the duration of this Agreement as well as each period within which and each date by which any obligation is required to be performed in terms of this Agreement shall be extended or postponed, as the case may be, by the period of suspension.
    • Should the Affected Party partially or completely cease to be prevented from fulfilling its obligations by the event of force majeure, the Affected Party shall immediately give written notice to the Unaffected Party of such cessation and the Affected Party shall, as soon as possible, fulfil its obligations which were previously suspended; provided that in the event and to the extent that fulfilment is no longer possible or the other Party has given written notice that it no longer requires such fulfilment, the Affected Party shall not be obliged to fulfil its suspended obligations and the Unaffected Party shall not be obliged to fulfil its corresponding obligations.
    • Should an event of force majeure continue for more than 180 (one hundred and eighty) days after the date of the notice and notice of cessation not have been given, then the Unaffected Party shall be entitled (but not obliged) to terminate this Agreement by giving not less than 30 (thirty) days’ written notice to the Affected Party to that effect, provided that any such notice of termination shall be deemed not to have been given if a notice of cessation is received by the Unaffected Party prior to the expiry of such 30 (thirty) day period.
    • An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of the Affected Party including vis major, casus fortuitous, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control and shortage of transport facilities.

6. Cancellations or Termination of Agreement

  1. V4 Creative may cancel or terminate any Services on 5 (five) days written notice to the Client.
  2. The Client may cancel or terminate any Services on 30 (thirty) days written notice to V4 Creative via email to accounts@v4creative.com from an authorised email address. V4 Creative will confirm the Client’s request for termination via return email.
  3. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of the Invoice date.
  4. V4 Creative will only refund Client’s amounts paid, for Software and/or Products and/or Services not delivered in accordance with the initial Agreement(s), or balance thereof in accordance with Terms & Conditions.
  5. Domain and Hosting Fees are non-refundable, as these are paid in advance.
  6. If the Client gives V4 Creative notice of cancellation or termination in any manner other than as specified above, the Client may find that the notice was invalidly given and will not have any effect.
  7. Breach: If the Client breach the Agreement, V4 Creative may, without prejudice to any other rights that V4 Creative may have and without notice to the Client:
    • claim immediate payment of all outstanding charges due to V4 Creative,
    • terminate or suspend the Client’s use of the Services,
    • terminate the relationship with the Client; or
    • list the Client with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
      • By agreeing to our Terms and Conditions, the Client expressly consents to this.
      • In all instances, V4 Creative may retain all Services fees that the Client have already paid and recover all of V4 Creative’s costs associated, including legal costs on an attorney and own client scale (the Client will be liable to pay V4 Creative’s attorneys fees) with the Client’s breach.
  8. V4 Creative reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

7. Resolving Disputes

  1. Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
  2. If informal dispute resolution negotiation fails, V4 Creative may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which V4 Creative may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and the Client must participate.
  3. The Client cannot make V4 Creative arbitrate. The arbitration will be held in Pretoria and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 (ten) business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
  4. Either party may only bring a claim against the other in their individual capacity and not as a member of any class.

8. Exclusion and Limitation of Liability

  1. V4 Creative will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
  2. This clause will apply even if the Client advised V4 Creative of the possibility of a loss of damage prior to its occurrence.
  3. The information and/or Software and/or Products, and/or  Services included in or available through the V4 Creative website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
  4. V4 Creative and/or its suppliers may make improvements and/or changes in V4 Creative website at any time.
  5. Advice received via V4 Creative website should not be relied upon for personal, medical, legal or financial decisions and the Client should consult an appropriate professional for specific advice tailored to the Client’s situation.
  6. V4 Creative and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, Software, Products, Services and related graphics contained on V4 Creative website for any purpose.
  7. To the maximum extent permitted by applicable law, all such information, Software and/or Products and/or Services and related graphics are provided “as is” without warranty or condition of any kind. V4 Creative and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, Software and/or Products and/or Services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
  8. To the maximum extent permitted by applicable law, in no event shall V4 Creative and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of V4 Creative website, with the delay or inability to use V4 Creative website or related Services, the provision of or failure to provide Services, or for any information and/or Software and/or Products and/or Services and related graphics obtained through V4 Creative website, or otherwise arising out of the use of V4 Creative website, whether based on contract, tort, negligence, strict liability or otherwise, even if V4 Creative or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Client.

14. Security

  1. All clients data allocated to the Client is personal to the Client and the Client will be liable for any loss or damage the Client or third parties have suffered because of the Client’s actions or the actions of a person to whom the Client has disclosed client data.
  2. The Client authorises V4 Creative to act on any instruction given by or purporting to originate from the Client even if it becomes clear that both parties have been defrauded by someone else unless the Client has notified V4 Creative before V4 Creative acted on a fraudulent instruction.
  3. If any security violations are reasonably believed to have occurred in connection with the Clients account, V4 Creative will investigate and, if necessary, change the relevant client data, including access codes and passwords, and notify the Client immediately.
  4. The Client must tell V4 Creative immediately if any other person gains access to the clients data, and give V4 Creative the Client’s full co-operation in any investigation V4 Creative carries out.
  5. The Client indemnifies V4 Creative (hold us harmless) against any claim arising from:
    • The Client’s disclosure of the client’s data to a third person;
    • the use of the client data by a third person; or
    • any resulting action by the Client or a third party.
  6. V4 Creative reserve the right to take any action V4 Creative finds necessary to preserve the security and reliable operation of our infrastructure. The Client may not do anything (or permit anything to be done) that will compromise V4 Creative’s security.
  7. V4 Creative have systems in place with the support of xneelo to assist critical technical infrastructure to recover from a natural or human-induced disaster. However, V4 Creative do not specify any recovery time and are not liable for any loss or damage the Client suffer as a result of a disaster. The Client must make backups of their data. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
  8. V4 Creative will not be held liable for any viruses, hacking, malicious content or any security breaches pertaining to any third-party applications or to the Client’s website.
  9. V4 Creative’s hosting service provider (xneelo) may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.

15. General

  1. Entire Agreement: The Agreement constitutes the entire Agreement between the parties.
  2. No Variation: No changes to our Agreement made by the Client are effective unless in writing and signed by the authorised signatories of both parties.
  3. Waiver (giving up rights): Any favour V4 Creative may allow the Client will not affect (or substitute) any of V4 Creative’s rights against the Client.
  4. Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
  5. Applicable Law: South African law governs our Agreement.
  6. Survival: Despite the termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.

Domain and Hosting Terms

1. Domain and Hosting Services

  1. V4 Creative is a registered reseller of xneelo to bring you the best domain and hosting solutions.
  2. All domain and hosting solutions offered through V4 Creative are bound by the terms of Service of xneelo.
  3. All technical issues related to hosting are handled directly with xneelo unless otherwise arranged with V4 Creative.

View terms of service below:

2. Domain Name Registration or Transfers via V4 Creative

  1. All domain registrations and transfer solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Domain Names

3. Website Hosting via V4 Creative

  1. All hosting solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Hosting
  2. Hosting via V4 Creative allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after invoice date thereof. Over-usage pricing/rates are explained in the quotes.
  3. Monthly hosting & yearly domain fees must be paid on or before the last working day of each month unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
  4. Hosting fees are payable from the date of domain registration, transfer to V4 Creative hosting and if applicable, from the start of website development by V4 Creative.
  5. Payments not received by the 1st (first) of each calendar month automatically suspend the Client’s hosting Service, thus risk deactivating the Client’s website. This can be waved at the sole discretion of V4 Creative, without giving up any rights as per the terms and conditions.
  6. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
  7. Hosting fees not received for 3 (three) consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
  8. V4 Creative reserves the right to suspend the Client’s Services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
  9. Hosting cancellations are only accepted in writing or e-mailed to accounts@v4creative.com, on or before the 1st (first) of the new calendar month as it carries a calendar month notice period.
  10. All outstanding payments must be paid up to date before the Client’s Hosting Services will be terminated with V4 Creative, thus enabling release to transfer to a Third Party Hosting Service Provider.
  11. V4 Creative uses the world’s leading WordPress platform. V4 Creative cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
  12. Should there be any website downtime, due to reasons outlined above, V4 Creative will do everything they can to resolve the situation.
  13. Should the hosting be cancelled as stipulated above, the onus will be on the Client to migrate/transfer the site and all its content. Should the client prefer that this be managed by V4 Creative, this can be arranged. Time spent by V4 Creative will be billed to the Client.
    • Hosting via a Third Party Service Provider.
    • If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
    • V4 Creative will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with v4 Creative.
  14. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
  15. V4 Creative will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of V4 Creative.

4. Web Hosting Migration and Transfers

Web hosting migration/transfers to V4 Creative through Xneelo:

  1. V4 Creative will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as V4 Creative does not have control over the status of hosting, domain renewals or e-mails when not hosted with v4 Creative through xneelo.
  2. V4 Creative is under no obligation to assist, access or manage any domain and/or hosting and/or website and/or email data of any kind that is not hosted with v4 Creative through xneelo.
  3. It is the Clients’ sole responsibility to arrange for a full backup via the Client’s Third Party Hosting Service Provider before attempting to migration/transfers to V4 Creative through xneelo.
  4. V4 Creative is only allowed to receive the full backup data from the Client, in order to set up hosting through xneelo.
  5. V4 Creative will not be held liable for any resulting loss or damage of data received by the Client or during transfer or upload of data onto xneelo hosting services.
  6. V4 Creative will however assist by consulting the Client on during the migration/transfer steps. This time may be billed to the Client at the discretion of V4 Creative.

5. Email Services

  1. All email solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Email
  2. V4 Creative can not be held responsible for delays outside of their control, including but not limited to equipment failure, third-party hosting services, and internet connections.
  3. V4 Creative can not be held responsible if there is any incompatibility between xneelo systems and any other third-party application.
  4. Where circumstances permit, V4 Creative will provide prior notice of any email service suspension to Clients. However, V4 Creative will not be held liable for any resulting loss or damage suffered as a result of the email service suspension.
  5. V4 Creative will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from email support.

Website Design Terms

1. Project Specification

  1. The Client must supply the project specifications to V4 Creative in order for V4 Creative to issue an accurate and binding Quotation.
  2. If the Client requires further assistance and/or research and/or investigation with the creation of project specifications, V4 Creative can assist the Client. The time spent on assistance and/or research and/or investigation may be billed to the Client at the discretion of V4 Creative.
  3. V4 Creative will identify and respond to all queries within 12 (twelve) to 24 (twenty-four) hours of receipt thereof. Implementation will depend on the complexity of the scope of work and/or request.

2. Use of Communication Services

  1. Telephonic, Skype, Google Meet, TeamViewer, Microsoft Teams,  or email queries (support@v4creative.com) will be responded to free of charge for confirmed Clients according to Terms & Conditions.
  2. All support and/or urgent related matters are to be reported to V4 Creative via the following email address: support@v4creative.com
    If the Client requests any support and/or urgent matters in any manner other than as specified above, the Client may find that the support and /or urgent request was invalidly given and will not have any effect.
  3. Physical and online training and consultation meetings will be charged at the discretion of V4 Creative, in accordance with these Terms and Conditions, quoted and agreed to.

3. Quotation

  1. Upon a Client accepting the V4 Creative quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
  2. Quotations are valid for 14 (fourteen) calendar days from the documented date on the quotation.
  3. The Client acknowledges acceptance of the quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to V4 Creative’s stipulated bank account details as provided on the invoices. Clients can be billed in other currencies if agreed by both parties.
  4. Software and/or Products and/or Services as described in the quotation will only commence, once the Client’s deposit has been confirmed as received by V4 Creative.
  5. Deposit(s) are non-refundable unless V4 Creative, at their sole discretion, decide otherwise. The decision by V4 Creative is based on the factors surrounding the project in question and is non-negotiable.
  6. V4 Creative commit to working expeditiously to complete the quoted Software and/or Products and/or Services within the project specifications and time-frames indicated as per the quotation(s).
  7. V4 Creative can not be held responsible for delays outside of their control, including but not limited to equipment failure, third-party hosting services, and internet connections.
  8. V4 Creative endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).

4. Required Documents

  1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of Software and/or Products and/or Services as described in these Terms and Conditions and indicated by the project specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, et cetera.
  2. The Client is to provide all required documentation electronically to V4 Creative, to initiate work on the aforementioned quoted Software and/or Products and/or Services, unless they are to be created as part of the project.
  3. The Client’s quoted and accepted Software and/or Products and/or Services will only be queued and allocated accordingly, after compliance with Terms & Conditions, unless agreed otherwise in writing.
  4. If the Client does not supply V4 Creative with the required documentation within 20 (twenty) calendar days from the invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with V4 Creative.
  5. If the Client still has not submitted or provided all the required documentation within 45 (forty-five) calendar days from the invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.

5. Infringement and Copyright

  1. V4 Creative will defend, at its expense, a third party claim that any Service or deliverable V4 Creative has provided infringes South African copyright. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or Services to a third party or failure to use enhancements supplied by V4 Creative or information, documents, facilities or Products which are supplied by the Client for the purposes of the Software and/or Products and/or Services. This indemnity constitutes the Client’s sole and exclusive remedy and V4 Creative’s entire liability with respect to any deliverable or Service infringing any third party rights.
  2. The Client has to ensure they have the copyright for all material supplied.
  3. V4 Creative, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s Software and/or Products and/or Services, will not be liable or held responsible for any copyright disputes.
  4. If and when V4 Creative are informed that material was provided without the required copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
  5. V4 Creative does not take any responsibility for any and all content supplied from the Client without proper copyright whatsoever.

6. Intellectual Property Rights

  1. The Client must comply with all laws that apply to any intellectual property.
  2. The Client must get V4 Creative’s prior written approval before using any of V4 Creative’s marks.
  3. The Client grant V4 Creative non-exclusive licence to use the Clients marks so that V4 Creative may exercise our rights or fulfil our obligations under our Agreement.
  4. Other than as specifically provided for in our Agreement, V4 Creative retain all Intellectual Property Rights employed in or otherwise related to V4 Creative’s Products and/or Services, business and the provision of any of the Services under our Agreement.

7. Trademarks

  1. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
  2. The following will not be endorsed by V4 Creative:
    • Adult/pornographic content, services and products.
    • Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
    • Human parts and remains.
    • Illegal drugs & paraphernalia.
    • Unauthorized copies, copyright violations, plagiarised material.
    • Psychic readings, palm readers, sorcery, black magic and divinations.
    • Photos without permission or knowledge.
    • Offensive material.

8. Graphic Images, Photographs and other Media

  1. Unless otherwise specified in the quotation, the Client shall supply all graphic images to be published in accordance with the specified Software and/or Products and/or Services.
  2. Graphic images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the V4 Creative team as required.
  3. Photographs supplied by the Client must be of high digital quality and applicable format. The format can be confirmed with the V4 Creative team as required.
  4. Stock photos and/or stock audios and/or stock videos are not included in any of the Software and/or Products and/or Services that V4 Creative offers. A separate quotation will be provided upon request from the Client.

9. Printing

  1. V4 Creative does not offer any printing Software and/or Products and/or Services, therefore V4 Creative take no responsibility for print or printing errors.
  2. Completed graphic design, logo, or any artwork by V4 Creative will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice. Whilst every effort is made to ensure the accuracy of the final design proof, it is essential that it is thoroughly checked by the Client or someone within the Client’s organisation. Responsibility for correctness passes to the Client once approval is sought and given. V4 Creative can not be held responsible for any error which was not identified by the Client at the final proof stage. This includes all spelling, grammar, numbers, proportions, colour and size. The Client’s email of acceptance indicates the complete acceptance of the final proof and confirmation that V4 Creative may proceed with production.
  3. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers

10. E-commerce

  1. V4 Creative will load up to 10 (ten) products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
  2. Should the Client require V4 Creative to load more than the aforementioned 10 (ten) loaded products, V4 Creative will issue the Client a quotation accordingly.

11. Completion Date

  1. Activation of the Client’s website is conditional to the Terms & Conditions.
  2.  The completion date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
  3. Responsibility for correctness passes to the Client once approval is sought and given. V4 Creative can not be held responsible for any error which was not identified by the Client at the final review stage. This includes all spelling, grammar, numbers, proportions, colour and size. The Client’s email of acceptance indicates the complete acceptance of the final proof and confirmation that V4 Creative may proceed with production.
  4. Once the Client has approved and requests that the website project be made publically available and/or deployed, the Client agrees that all the information pertaining to the website project is correct and in order. The Client also agrees to be satisfied with the overall website project; and therefore, the Client agrees that the website project is considered as complete. Any further changes required after the website project is been made publically available and/or been deployed, will be considered as additional support and/or Service and does not fall within the current agreed project development.

12. Additional Work and Support

  1. V4 Creative commits that the Products and/or Services V4 Creative offers will be performed in a professional manner and that it is and/or it shall use personnel that is appropriately experienced, suitably qualified and has sufficient knowledge, expertise and competence to perform these services, in accordance with industry standards.

13. Warranties

  1. Additional work and/or support requested and agreed to, or any other work in progress for the Client’s website after the completion date of the original Agreement will be billed in accordance to these Terms and Conditions, quoted and agreed to.
  2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
  3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and project quote with V4 Creative remain the responsibility of the Client.
  4. The Client may request that V4 Creative access their website’s content management system to make requested changes. Upon doing so, the Client indemnifies V4 Creative from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
  5. V4 Creative may suggest additional work and/or support Services for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or V4 Creative will issue the Client a quotation accordingly.

Digital Maketing Terms

  1. Search Engine Optimization (SEO)

  1. Monthly invoices are to be paid within the first week of each calendar month.
  2. A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
  3. In order to use V4 Creative’s monthly SEO service, the Client’s website needs to be built in WordPress.
  4. Some SEO activities may be forbidden by the Clients host. V4 Creative will not undertake these activities. It is the responsibility of the Client to be aware of the restrictions of their hosting provider.
  5. Hours will be managed and assigned as V4 Creative deems appropriate unless otherwise requested by the Client.
  6. Should the Client request additional hours, a quotation will be sent before any work will be undertaken.
  7. V4 Creative reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
  8. SEO of individual products for e-commerce websites will be undertaken as a long term task.
  9. Although V4 Creative makes every effort to ensure the Client’s receive good service and rankings, v4 Creative cannot guarantee that the Client’s SEO will rank first on Google search results nor can V4 Creative be held liable for any assumed return on investment.
  10. All prepared content and posts must be approved by the Client before scheduling.

2. Social Media Life Cycle

  1. Monthly invoice needs to be paid in full before V4 Creative will commence any Social Media work. Invoices need to be settled within the 1 (first) week of each calendar month.
  2. Should the Client wish, they may arrange a meeting at this time to discuss ideas.
  3. A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
  4. Once payment is made, please allow for a 2 (two) calendar week lead period. In this time V4 Creative’s digital marketing strategists will design content.
  5. The date of the first scheduled post will be dependent on the date that V4 Creative receives first proof of payment in full. This will be discussed in further detail between V4 Creative and the Client once the first payment is made, via e-mail to accounts@v4creative.com
  6. V4 Creative can not be held liable for any assumed return on investment for Social Media.
  7. All prepared content and posts must be approved by the Client before scheduling.

3. Google Ads

  1. Monthly invoices will be issued on the 25th (twenty-fifth) of the previous calendar month and need to be paid by the tenth 10th (tenth) of the current calendar month. Failure to do so may result in the Client’s Google Ads account running out of budget. V4 Creative will not add any budget to a Client’s account until payment has been made in full.
  2. A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
  3. Hours will be managed and assigned as V4 Creative deems appropriate unless otherwise requested by the Client.
  4. Should the Client request additional hours, a quotation will be sent before any work will be undertaken.
  5. V4 Creative reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
  6. Although V4 Creative makes every effort to ensure the Client’s receive good service and rankings, v4 Creative cannot guarantee that the Client’s Google Ads will rank first on Google search results nor can V4 Creative be held liable for any assumed return on investment.
  7. All prepared content and posts must be approved by the Client before scheduling.