Nothing in these terms removes a right the Consumer Protection Act or another law gives you.
In short
- We quote before we start. The quote is the price.
- You own your domain. Once the design invoice is paid, you own the design we made for you.
- You can cancel a hosting plan with 30 days' notice.
- Cooling-off rights under the Electronic Communications and Transactions Act and the Consumer Protection Act may apply. We follow them.
Who these terms cover
These terms apply to quotes and work from Wakeful Journey Consulting (Pty) Ltd t/a Brandcrew (“we”, “us”). “You” is the person or business that asks for the work. The exact job is what the written quote says, not only the general descriptions on this website.
Services
We design and build websites, arrange domain names and email, host sites, and do branding (a logo, a brand kit and social templates). We help you prepare business-registration and compliance paperwork, as an admin and filing service. That help is not legal advice, tax advice, accounting advice, or a promise that an official body will accept a filing. Business development consulting, when a quote includes it, is general guidance for a new business or a rebrand, not legal or tax advice. We supply corporate wear, branded promotional gifts and event merchandise when a quote says so.
Clothing and gifts are made or ordered for you after you accept the quote. Custom branded goods may be goods made to your specifications. Where that exception in the Electronic Communications and Transactions Act applies, the seven-day cooling-off period does not. We will say in the quote when that is the case. Official fees charged by CIPC, SARS or a similar body are extra when they apply, and we list them before you accept.
Quotes and payment
- Indicative from prices for hosting and for registrations are on those pages. Hosting prices include VAT. Registration service fees are shown excl. VAT. Government fees are passed on at cost, carry no VAT, and can change. Websites, branding, gifting and the bespoke all-in-one service are quoted for the job. Quotes are in rand.
- A quote is valid for 30 days unless it says otherwise.
- Work starts when you accept the quote in writing. Email is fine. If the quote asks for a deposit, work starts when that deposit is paid as well.
- We say how you can pay, usually by EFT to the account on the invoice. We don't take card payments on this website.
- VAT is charged on our fees. VAT number: 4590289049.
- Invoices are due as the quote states. If the quote is silent, they are due within 7 days.
Deposits
A deposit books time. If you cancel after we have started, we keep the portion that covers work already done and costs we cannot recover. If a cooling-off right below applies, we follow that instead.
What you need to do
You give us words, photos and facts that you have the right to use. You check the pages before we launch. You give us the legal details your own website needs, such as your privacy policy and your prices. If your content or feedback is late, the delivery date moves out by at least the same number of days.
Ownership
- You own the text and images you supplied.
- Once the final invoice for the design is paid, you own the final website design and logo we made for your brand.
- Until that invoice is paid, we own the work in progress.
- We keep the right to reuse general methods and layouts that are not unique to your brand.
- We may show finished work in our portfolio unless you ask us, in writing, not to.
- We register domains in your name when the registrar allows it. If a domain is in our account for setup, we move it into your name, or give you the transfer code, once the invoices for that work are paid. You renew it after handover unless a hosting plan says we renew it for you.
Hosting and acceptable use
On a hosting plan we keep the site on a server run by our hosting provider, and we renew the certificate where that is part of the plan. We are your point of contact. We don't promise that the site will be up every minute of the year. We aim to reply about a down site within one business day.
You may not use the hosting for unlawful content, malware, spam, or anything that puts the server at risk. We may suspend a site that does this, and we will tell you.
A maintenance plan covers small content updates and a reasonable amount of help, as the quote describes. New pages, new features and redesigns are a new quote. Hosting plans run month to month unless the quote sets a minimum term.
Cancellation, cooling-off and refunds
Consumer Protection Act 68 of 2008, section 16. If the deal came from direct marketing, you may cancel it without reason or penalty within five business days after the agreement was made, or after any goods were delivered. Section 16 does not apply where section 44 of the Electronic Communications and Transactions Act applies.
Electronic Communications and Transactions Act 25 of 2002, section 44. For many electronic transactions you may cancel, without reason and without penalty, within seven days after an agreement for services was concluded, or within seven days after you received goods. If you already paid, the refund is due within 30 days of cancellation. The only charge for returned goods is the direct cost of returning them.
Section 44 does not apply to every deal. It does not apply to services that, with your consent, started before the end of that seven-day period. If you want us to start during those seven days, we will ask you to say so in writing. It also does not apply to certain goods made to your specifications, or to the other exceptions in section 42 of that Act.
If we don't provide the information section 43 of that Act requires, you may cancel within 14 days of receiving the goods or services. Our legal notice is where we set that information out.
Our notice period for hosting. You may cancel a hosting and maintenance plan with 30 days' written notice to hello@brandcrew.co.za. You pay fees up to the end of that notice, and for work already done, except where a cooling-off right says otherwise. During the notice period we help you export the site or point the domain elsewhere.
To cancel, email us. Say what you are cancelling and the date. We will confirm what we received.
Liability
We do the work with reasonable care. We are not liable for indirect or consequential loss, such as lost profits, where the law allows that limit. Our total liability for a claim about a project is limited to the fees you paid us for that project in the three months before the claim.
We don't limit liability that South African law does not allow us to limit, including liability for fraud. We don't exclude rights you have as a consumer under the Consumer Protection Act.
Complaints
Email hello@brandcrew.co.za first and give us a chance to fix it. If we cannot resolve it, you may approach the National Consumer Commission or another body that has authority over the dispute.
Governing law
The laws of the Republic of South Africa apply. You may bring a claim in a South African court or tribunal that has jurisdiction.
Changes
We may update these terms for future quotes. The terms in the quote you accepted stay in place for that job. The date at the top is the date of this page.