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Last Updated: 09 August 2018 | Effective Date: 01 September 2018

1. Introduction

1.1 www.writershandstudios.com (from here on known as “WritersHand Studios”), is a web and graphic design service, and online solutions business (found on the “WritersHand Studios Website”, i.e. www.writershandstudios.com), located at Unit 1, 3 Belvedere Road, Muizenberg, Cape Town, South Africa that offers the design, development, technical support, hosting and consultation of web and graphic design services, as well as business development and marketing consultancy to end-users (hereafter known as the “Client”, “User”, “Customer” and/or “Member”).

1.2 The Terms of Use and Conditions Agreement (“Agreement”) as described herein set out the legally binding terms for your use of WritersHand Studios’ Services. Therefore, through the use of WritersHand Studios’ Services, you agree to be bound by this agreement whether a visitor (which means that you are simply a user browsing WritersHand Studios’ Website) or a member (which means that you are a registered user of WritersHand Studios and their services). The term “User” refers to a member, client or visitor. Users are only authorised to use the WritersHand Studios’ Services (whether accessed or used as intended) if you agree to abide by all applicable legislation within the jurisdiction of the Republic of South Africa and to this Agreement. It is highly recommended that this Agreement herein be read carefully, saved and printed for reference. If you do not agree to the Terms of Use and Conditions as set out in this Agreement, leave WritersHand Studios’ Website and discontinue any use of the WritersHand Studios’ Services. An indication of acceptance of these Terms of Use will be done during the registration process of any online or general purchase for products/services.

1.3 WritersHand Studios reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.writershandstudios.co.za/terms

1.4 Violation of any of the terms below will result in the termination of your Account. While WritersHand Studios prohibits such conduct and Content on the Service, you understand and agree that WritersHand Studios cannot be responsible for the Content posted on the end-user Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1.5 Please choose wisely and carefully the content and information you intend on providing on WritersHand Studios’ Website and on your end-user Service (i.e. Website, Hosting, Artwork, Marketing Material, etc). The service that you make use of through WritersHand Studios’ Website may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject or content matter. However, despite this prohibition, the information provided by other Members (for instance, in their interaction with your end-user service such as your website), may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, for which WritersHand Studios assumes no responsibility or liability for this material.

1.6 WritersHand Studios reserves the right, in its sole and own discretion to restrict, suspend, or terminate your access to all or any part of WritersHand Studios Services at any time, for any or no reason, with or without prior notice, and without liability. WritersHand Studios expressly reserves the right to remove or suspend your service(s) and/or restrict, suspend, or terminate your access to any part of WritersHand Studios’ Services if WritersHand Studios determines, in its own and sole discretion, that a user poses a threat to WritersHand Studios, its Users or other Stakeholders.

1.7 This Agreement shall remain in full force and effect while you use WritersHand Studios’ Services or are a Member or Client. You may deactivate your membership at any time, for any reason, by emailing [email protected] WritersHand Studios may terminate your Membership at any time, without warning. Should a Membership be terminated, this Agreement will remain in effect.

1.8 Use of and Membership in WritersHand Studios Services is void where prohibited. By using WritersHand Studios’ Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 16 years of age or older; and (d) your use of WritersHand Studios’ Services does not violate any applicable law or regulation within the jurisdiction of the Republic of South Africa and it’s courts of law.

1.9 WritersHand Studios does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error ­free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected timeously.

1.10 You expressly understand and agree that WritersHand Studios shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WritersHand Studios has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

2. Account Terms

2.1 You must be 18 years or older to use this Service.

2.2 You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2.3 You must provide your legal full name as a juristic person, a valid email address, and any other information requested in order to complete the signup process.

2.4 You are responsible for maintaining the security of your account and password. WritersHand Studios cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2.5 You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

2.6 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3. Payments and Refund Terms

3.1 There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

3.2 All fees are exclusive of Value Added Tax (VAT).

3.3 Should you not pay for your monthly subscription (for products/services with a recurring billing cycle or retainer fee), a grace period of 7 days shall apply, with an added suspension fee of 25% of your monthly subscription fee. Should you fail to pay after the grace period provided, your service and account will be cancelled with no option of reactivating it, and a new product/service will have to be purchased.

3.4 Members are welcome to upgrade or downgrade their accounts at any time. You will not be charged an additional set-up fee for this upgrade or downgrade. Upgrades or downgrades may influence the monthly subscription fee in the fee structure will be communicated to the juristic person in writing.

3.5 Monthly subscription fees are to be paid by midnight on or before the 28th calendar day of every month, or on/before the 30th day of your billing cycle. Should you not pay by this time, your account and user dashboard will be suspended until such time as you pay for both the service and your 25% suspension service.

3.6 Add-on products and plugins can be added and/or deleted at any time. Members will pay an additional immediate fee. This is a once-off fee, except where Add-on products are subscription-based or contain a recurring billing cycle.

3.7 Bespoke Add-on features and/or Plugins will be quoted upon request and billed separately from your fee. They will not be implemented until payment is received.

3.8 Overdue invoices shall be subject to a late fee, provided that the scope of work has either commenced already or completed, depending on the payment terms outlined for the project, contract and/or invoice. The late fee shall be calculated at;

3.8.1 2.5% for every 30 days overdue for accounts not older than 90 days; or

3.8.2 5% for every 30 days overdue for accounts not older than 180 days; or

3.8.3 8% for every 30 days overdue for accounts older than 180 days.

3.9 Should an invoice remain overdue for a period exceeding 360 days, the account shall be seen as a delinquent account and may be subject to;

3.9.1 termination at the discretion of WritersHand Studios and its partners/affiliates; and

3.9.2 legal proceedings to recover the total amount owing with interest.

4. Payments Using +One (Plus One) Points

4.1 As a value-added service for clients/customers of WritersHand Studios, a rewards system has been put into place as part of a customer retention policy. These points can be gained through purchasing online products or services on the WHStudios Online Store.

4.2 +One (Plus One) Points can only be used as a method of payment for selected services on the WHStudios Online Store, and may not be exchanged for Cash, Credit, or refunded should a client/customer wish to terminate their account with WritersHand Studios. +One (Plus One) Points cannot be used on Retainer Products, Subscriptions or Web Hosting Packages.

4.3 WritersHand Studios reserves the right to update, edit, add or remove the accrual structure and policy of +One (Plus One) Points. WritersHand Studios also reserves the right to update the value of +One (Plus One) Points as a method of payment for services, should these points be redeemed against a Customer Order for an Online Purchase on WHStudios Online Store.

4.4 The accrual of points may only be gained through a confirmed and completed order that has been paid for on WHStudios Online Store (www.writershandstudios.com). Should the relevant Customer Order be terminated and/or refunded, the accrued points may be deducted from the Customer’s account with WritersHand Studios.

5. Cancellation and Termination

5.1 You are solely responsible for properly cancelling your account, which you can do so by emailing us on [email protected]

5.2 All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

5.3 If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately on your account, however, you will be granted access to any subscription-based service till the end of your billing cycle.

5.4 All cancellations must be done in writing one calendar month in advance. Should a cancellation’s lead time fall within a new billing cycle, you will be charged for the next billing cycle, with access to subscription-based products/services being given till the end of that billing cycle.

5.5 WritersHand Studios, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other WritersHand Studios service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

5.6 WritersHand Studios reserves the right to refuse service to anyone for any reason at any time.

5.7 WritersHand Studios shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from your reliance on access or benefits of services which arose out of the suspension or termination of a product/service, whether termination or suspension took place willingly by the customer or unwillingly (such as in the case of an overdue account).

6. Graphic Design, Unlimited Graphic Design Plans & Graphic Design Retention Plans

6.1 Unlimited Graphic Design Plans/Subscriptions represent a full-priced, singular, product/service bundle; with multiple services grouped together; that has been divided up into multiple payments; determined by a customer during checkout. Should a plan/package be suspended or terminated by the request of a customer, or by the reasonable determination of WritersHand Studios, then:

6.1.1 The outstanding balance due for the remainder of the payment plan period shall be paid in full within 30 Days of termination being executed.

6.1.2 Any additional products/services linked/associated with the Unlimited Graphic Design plan(s)/package(s) being cancelled shall also be terminated, and any loss of data, content, access or material shall be forfeit. (WritersHand Studios may not be held liable for the loss as detailed in Termination Clause 5.)

6.2 Only one brand can be assigned to a single Unlimited Graphic Design Plan unless a client has requested and paid for additional brands to be assigned to a plan/package. A client may request the assignment of an additional brand retroactively after they have signed up and paid for an Unlimited Graphic Design Plan. A nominal fee shall apply to any additional brands.

6.3 WritersHand Studios and its representatives may refuse a design brief sent from a client for a project which is for a different brand other than the brand assigned to their current Unlimited Graphic Design Plan. Submitting a design brief for another brand is strictly prohibited, and may lead to the suspension of an Unlimited Graphic Design Plan. A client may make alterations to completed design projects at their own discretion once the project status is completed and intellectual property rights have passed to the client. (see clause 17 for more information on this.)

6.4 Design briefs shall only be deemed as fully accepted and received provided that there is no outstanding information, from the client, required by WritersHand Studios and its designers/developers in order to execute the work as outlined in the brief. Clause 16 shall apply to design briefs required and received.

6.5 The standard turnaround time for Graphic Design projects is 48 to 72 hours, however, this may change from time to time depending on the project, or the design package selected by the client, or as outlined by WritersHand Studios and its designers within reason.

6.6 Reverts and revisions shall have a standard turnaround time of 48 to 72 hours, however, this may change from time to time depending on the project, or as outlined by WritersHand Studios and its designers within reason.

6.7 Rush Requests can be sent from a client to fast track a design project’s turnaround time at a 20% rush fee, or nominal fee determined by WritersHand Studios. This is an Add-on service.

6.8 Unlimited Graphic Design Plans work on a FIFO (First In First Out) system, and therefore, a new project shall only commence once any pre-existing projects have been completed.

6.9 A completed project shall be determined as a project which is designed to the specification of a client brief, and upon confirmation in writing that a client is happy with the outcome.

6.10 Completed design assets shall be stored on a client’s cloud storage and sent via cloud storage link through secure email/messaging service(s).

6.11 Source files (raw files or open files) shall NOT be handed over with completed designs, as this is not a value-add included in promotional services such as Unlimited Graphic Design Plans and Graphic Design Retention Plans. Should a client wish to have access to these, the full price of the graphic design fee shall be payable for the digital asset (less 20%, or the relevant discounted saving of the Graphic Design Retention Plan). This can be found in our pricing guide under the ad-hoc Graphic Design services unless stipulated in the Design Package purchased.

6.12 Accessibility to cloud storage shall be granted to a client who has an active Unlimited Graphic Design Plan. Should an Unlimited Graphic Design Plan be suspended or terminated, accessibility to the cloud storage may be forfeit.

7. Retentions & Subscriptions

7.1 Retention Packages/Subscriptions represent full hours of services or digital products; in bundles determined by a customer during checkout. Should a retainer package be terminated by the request of a customer, or by the reasonable determination of WritersHand Studios, prior to the expiration of all hours worked or work completed, then:

7.1.1 Any remaining hours or parts of the whole digital product shall be forfeit.

7.1.2 Any additional products/services linked/associated with the retainer and/or subscription package being cancelled shall also be terminated, and any loss of data, content, access or material shall be forfeit. (WritersHand Studios may not be held liable for the loss as detailed in the Cancellation & Termination Clause 13.)

7.2 Should a transfer of developed and designed content and/or data be requested by the account holder of a Retention Package/Subscription, then WritersHand Studios may perform such a task at a nominal fee or surcharge; however, intellectual property rights of work developed and/or completed shall remain with WritersHand Studios until any outstanding balances are fully paid for and the account holder’s account balance settled.

7.3 Billable Hours worked on Retention Packages and Subscriptions are recorded and monitored. A Subscriber and/or Account Holder may request a report on billable hours worked with 24 hours notice (weekdays only).

7.4 Any billable hours remaining by the end of a 30-day cycle on Retainer Packages/Subscriptions shall be carried over to the next 30-day cycle.

7.5 As billable hours run out, WritersHand Studios shall notify the subscriber/client at 70% use of their billable hours used. A subscriber/client must notify WritersHand Studios if they wish to increase their billable hours’ balance, or if they wish to be billed at the usual rate (this may be on a per-project rate for existing digital products, or at the hourly rate of R350 p.h for general design and development work).

8. Design & Development Service Levels & Liability

8.1 WritersHand Studios currently offers a varied range of service-driven products and packages, each containing its own degree of requirements and operational constraints. Without derogating the generality of this agreement, WritersHand Studios offers the below terms for each service rendered:

8.2 Graphic Design:

8.2.1 WritersHand Studios will, upon receipt of a project request and invoice, liaise with, directly or through its nominated agents, its client(s) with regards to the required marketing and material assets in order to achieve its turnaround time and quality of work as stipulated directly on a per-project-basis or within it’s set criteria for the project(s) service category.

8.2.2 WritersHand Studios is required to meet its turnaround time, as well as its quality of work as described on a per-project-basis, provided that the client (juristic person submitting a project brief or authorised representative);

8.2.2.1 submits all required digital assets within a timeous manner and within the requested formats and/or mediums required to execute the project;

8.2.2.2 submits a detailed brief to WritersHand Studios and its agents, which specifies all the visual elements that are to be present in the final artwork/project, within the scope of the work/project requested.

8.2.3 WritersHand Studios will not be held liable for the loss of quality in its work resulting out of action or inaccessibility caused by the client (or a representative of relevant client and project), or if a detailed brief has not been submitted according to the full scope of the work that needs to be completed. Vague, ambiguous, and emotive brief specifications are not sufficient in order to get detailed design work carried out, and WritersHand Studios will not be held liable for any loss or dissatisfaction should such methods of briefing be submitted by the Client or its nominated representative in writing and may lead to work that does not meet the expectations of the Client.

8.2.4 WritersHand Studios shall be the sole owner of any digital assets and/or intellectual property generated for the project until all outstanding balances pertaining to the respective project are settled and handed over to the client.

8.3 Website Design

8.3.1 WritersHand Studios will, upon receipt of a project request and invoice, liaise with, directly or through its nominated agents, its client(s) with regards to the required marketing and material assets in order to achieve its turnaround time and quality of work as stipulated directly on a per-project-basis or within it’s set criteria for the project(s) service category.

8.3.2 WritersHand Studios is required to meet its turnaround time, as well as its quality of work as described on a per-project-basis, provided that the client (juristic person submitting a project brief or authorised representative)

8.3.2.1 submits all required digital assets within a timeous manner and within the requested formats and/or mediums required to execute the project;

8.3.2.2 submits a detailed brief to WritersHand Studios and its agents, which specifies all the visual elements that are to be present in the final artwork/project, within the scope of the work/project requested.

8.3.3 WritersHand Studios will not be held liable for the loss of quality in its work resulting out of action or inaccessibility caused by the client (or a representative of relevant client and project), or if a detailed brief has not been submitted according to the full scope of the work that needs to be completed. Vague, ambiguous, and emotive brief specifications are not sufficient in order to get detailed design work carried out, and WritersHand Studios will not be held liable for any loss or dissatisfaction should such methods of briefing be submitted by the Client or its nominated representative in writing and may lead to work that does not meet the expectations of the Client.

8.3.4 WritersHand Studios will also require existing web hosting and domain name access to be in place in order to complete and render web design work.

8.3.5 WritersHand Studios may require additional third-party services, software and other disbursements from time to time in order to complete a relevant project based on a brief provided by the client (or a representative of the relevant client and project). Such disbursements are for the client’s expense, and WritersHand Studios shall not be responsible for any loss incurred (as stipulated in clause 10. of this agreement) arising out of the failure to action/settle outstanding balances for invoices and/or disbursements forming a part of/whole portion of a project and/or digital assets.

8.3.6 WritersHand Studios shall be the sole owner of any digital assets and/or intellectual property generated for the project until all outstanding balances pertaining to the respective project are settled and handed over to the client.

8.4 Branding & Marketing

8.4.1 WritersHand Studios will, upon receipt of a project request and invoice, liaise with, directly or through its nominated agents, its client(s) with regards to the required marketing and material assets in order to achieve its turnaround time and quality of work as stipulated directly on a per-project-basis or within it’s set criteria for the project(s) service category.

8.4.2 WritersHand Studios is required to meet its turnaround time, as well as its quality of work as described on a per-project-basis, provided that the client (juristic person submitting a project brief or authorised representative)

8.4.2.1 submits all required digital assets within a timeous manner and within the requested formats and/or mediums required to execute the project;

8.4.2.2 submits a detailed brief to WritersHand Studios and its agents, which specifies all the visual elements that are to be present in the final artwork/project, within the scope of the work/project requested.

8.4.3 WritersHand Studios will not be held liable for the loss of quality in its work resulting out of action or inaccessibility caused by the client (or a representative of relevant client and project), or if a detailed brief has not been submitted according to the full scope of the work that needs to be completed. Vague, ambiguous, and emotive brief specifications are not sufficient in order to get detailed design work carried out, and WritersHand Studios will not be held liable for any loss or dissatisfaction should such methods of briefing be submitted by the Client or its nominated representative in writing and may lead to work that does not meet the expectations of the Client.

8.4.4 WritersHand Studios will also require existing web hosting and domain name access to be in place in order to complete and render web design work.

8.4.5 WritersHand Studios may require additional third-party services, software and other disbursements from time to time in order to complete a relevant project based on a brief provided by the client (or a representative of the relevant client and project). Such disbursements are for the client’s expense, and WritersHand Studios shall not be responsible for any loss incurred (as stipulated in clause 10. of this agreement) arising out of the failure to action/settle outstanding balances for invoices and/or disbursements forming a part of/whole portion of a project and/or digital assets.

8.4.6 WritersHand Studios shall be the sole owner of any digital assets and/or intellectual property generated for the project until all outstanding balances pertaining to the respective project are settled and handed over to the client.

8.5 Photography & Videography

8.5.1 WritersHand Studios will, upon receipt of a project request and invoice, liaise with, directly or through its nominated agents, its client(s) with regards to the required marketing and material assets in order to achieve its turnaround time and quality of work as stipulated directly on a per-project-basis or within it’s set criteria for the project(s) service category.

8.5.2 WritersHand Studios is required to meet its turnaround time, as well as its quality of work as described on a per-project-basis, provided that the client (juristic person submitting a project brief or authorised representative) submits all required digital assets within a timeous manner and within the requested formats and/or mediums required to execute the project.

8.5.3 WritersHand Studios will not be held liable for the loss of quality in its work resulting out of inaccessibility caused by or actions taken by the client (or a representative of relevant client and project).

8.5.4 WritersHand Studios shall be the sole owner of any digital assets and/or intellectual property generated for the project until all outstanding balances pertaining to the respective project are settled and handed over to the client.

9. Copyright and Intellectual Property Rights in Created Work

9.1 In order that Clients may own worldwide copyright and intellectual property rights in the created work, WritersHand Studios shall promptly on the Client’s written request sign an unconditional assignment with full title guarantee of all such rights as are owned by WritersHand Studios and capable of assignment. This provision shall not apply to any creative work which is not accepted or otherwise delivered to the Client (such as proofs and proposal documents) or in r