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Terms & Conditions

1. ThreeFish Design Studio Pty Ltd is a visual communications company specialising in Graphic, Web and Print design.

2. Subject to time availability and receipt of payment, requests will be processed within + – 7 days depending on job and delivery of design file sent via email. ThreeFish Design Studio Pty Ltd does not include printing, web backups or updates unless requested and paid for.

3. The provision of goods and services by ThreeFish Design Studio Pty Ltd is subject to time availability. Cancellation of orders by the client will attract a 30% administration fee.

4. ThreeFish Design Studio Pty Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

5. Payment may be made via VisaMasterCard and EFT.

6. Card transactions will be acquired for ThreeFish Design Studio via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

7. Customer details will be stored by ThreeFish Design Studio Pty Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

8. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

9. ThreeFish Design Studio Pty Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

10. This website is governed by the laws of South Africa and ThreeFish Design Studio Pty Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

11. ThreeFish Design Studio Pty Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

12. This website is run by ThreeFish Design Studio Pty Ltd (sole trader / private company / close corporation) based in South Africa trading as ThreeFish Design Studio Pty Ltd and with registration number 2019/425862/07 and Owner Sarah Georgina Wood.

13. All orders require a 60% deposit on total costs, prior to any task being booked or any work commencing. The clients projects will be scheduled once the downpayment has been recieved. The downpayment is non refundable. The outstanding 40% total is payable prior to supplying the client with final artwork. The client shall be entitled to full ownership of all final artwork upon full payment of quoted price.

14. All products remain the property of ThreeFish Design Studio Pty Ltd until fully paid for. No artwork will be supplied or website go live without full payment.

15. Quotation is valid for 30 days. Unless specified.

16. When original proposed concepts or design briefs are altered additional fees will be charged. Fully paid for designs will be supplied in open file source (PSD or AI) as well as print ready PDF & JPEG file.

17. Extra/outdated file formats will be quoted for separately.

18. Three Fish is not responsible for backup or final designs/websites/viruses or hacking taking place after final sign off. After final sign off & delivery, backup arrangements can be quoted for as a monthly service.

19. Three Fish is not responsible for corresponding with printers or publications, unless otherwise arranged and quoted for. By placing your order and paying your deposit, you thereby except all terms & conditions.

20. ThreeFish Design Studio Pty Ltd contact details Company Physical Address: PORTION OF JOYCE FARM UJ 28, KIEPERSOL, HAZYVIEW, MPUMALANGA Email: sarah@threefishdesignstudio.com Telephone: 0792586777

Trust Agreements

At ThreeFish Design Studio (TFDS) we are proud to say we design awesome stuff. We are committed to excellence and because client satisfaction is one of our top priorities, we respond to our Clients creative needs, by offering innovative designs, friendly service and a personal experience. The following terms have been tailored throughout eight years of design experience to protect both The Client and Design Company during a working relationship, built on trust.

 

Note, that our Trust Agreements are subject to change. Always make sure you have read the latest Terms & Conditions as stated below before paying your deposit for a project. When referring to Terms & Conditions, we are referring to our Trust Agreement Documents.

 

*If you pay your deposit, you agree to these Terms & Conditions, stated in our Trust Agreement.

 

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to the below Terms and Conditions. (As also stated on all quotations and invoices)

 

Design Terms and Conditions

 

RIGHTS AND OWNERSHIP:

The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of ThreeFish Design Studio until fully paid for. No artwork will be supplied without full payment. Proof of payment will only be accepted as soon as funds show and are cleared by banking institutions.

 

The Client is responsible to register designs for copyright, trade mark or Intellectual Property at their own cost if they feel that they want to trademark or copyright a logo, brand or content. For more info about South African Trademarking or Copywriting please read more here: 

https://www.gov.za/services/intellectual-property/register-trademark

 or https://www.wipo.int/portal/en/

 

No graphic design, elements thereof, logo, business cards, publication material, marketing material, website design, content or intellectual property will automatically be copyrighted or trademarked.

 

Note: Please make sure to get a few quotes from different intellectual property lawyers before you proceed as the pricing for copywriting and trademarking is very expensive.

If a part of your brand, design, logo or intellectual property has already been trademarked or copyrighted by another person or institution you as the client are responsible for the fees to amend the artwork. There is no way ThreeFish Design Studio or its staff can be held responsible for a name or brand that has been copyrighted by someone else. It is the clients responsibility to ensure the name, brand or elements they want to use has no copyright infringement.

 

By paying your deposit for the project to design a brand or graphic design element you agree that you understand the content of this document and are not infringing on someone else’s concept, copyright, intellectual property or trademark.

 

CLIENT FEEDBACK:

The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to ThreeFish Design Studio. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.

 

THIRD PARTY CONTRACTS:

ThreeFish Design Studio is not responsible for contracting other creative professionals to provide services that are not offered by the studio. No project will commence on the assumption that third parties might be required for project completion. Such details will be finalized prior to project commencement, unless requested by The Client at a later

date. References for such services can be supplied by ThreeFish Design Studio built on previous trust and successful projects with suppliers.

 

Third Parties to consider:

  • Photographers
  • Videographers
  • Copy Writers
  • Printers

 

ThreeFish Design Studio cannot be held responsible for any loss or damages occurring after final sent through of artwork to supplier! Please check final artwork and require proof prints

through suppliers before commencing with projects.

 

PAYMENTS:

Because a lot of time, effort and dedication goes into providing The Client with the perfect website/design/artwork, The Client is required to pay a 60% deposit prior to work commencing. The project will only be scheduled once the down payment is received by ThreeFish Design Studio, from where the designer will be briefed to commence with the website/design/artwork. The down payment is non-refundable. The remaining 40% is payable to ThreeFish Design Studio upon completion of the project, before the original artwork and open file format will be supplied to The Client. Please note this is a strict Company policy, adhere to this to avoid any unpleasantness. No monies or deposits for projects will be paid back to the client at any time during or after the project. 

 

DEPOSITS:

When a deposit or full amount is paid, we kindly request our clients to complete their projects within 6 months. To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion

otherwise an additional fee will be charged after 6 months. If a project is put on hold by a client, the same is applicable after 12 months.

 

DELAYED PAYMENT:

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by ThreeFish Design Studio.

 

REVISIONS:

All projects include Revision Rounds (specific amounts) as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. ThreeFish Design Studio cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that ThreeFish Design Studio estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented. The Client must assume that, after sign-off, any additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and therefore cost.

 

ADDITIONS AND ALTERATIONS:

New work requested by The Client and performed by ThreeFish Design Studio after ATP (agreement to proceed), is considered an addition or alteration (extra revision round).

If the job changes to an extent that substantially alters the specifications described in the original estimate, ThreeFish Design Studio will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

 

FILE FORMATS:

Fully paid for designs will be supplied to The Client in: OPEN FILE FORMAT (PSD OR AI), PRINT READY JPEG & PDF. Open files supplied for printing purposes only. No editing by The Client will be possible unless Adobe Photoshop and/or Illustrator is used.

 

BACKUP:

ThreeFish Design Studio is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted separately if requested for by The Client.

 

ERRORS & OMISSIONS:

ThreeFish Design Studio is not responsible for proofreading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. ThreeFish Design Studio is not liable for errors or omissions. The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required on all artwork prior to release for printing, digital publication, or other implementation.

 

DEADLINES:

A Note on Deadlines: ThreeFish Design Studio loves deadlines and we hit every single one of them every time. In order for us to do this for you, however, it is important that you hit every deadline, too. We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting us content for your website in a timely manner-typically before any design can begin. Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By signing this document, or paying your deposit, you acknowledge your responsibilities in keeping the project on schedule. By the same token, in the unlikely event we miss one of our deadlines, the

payment milestones will be adjusted accordingly. If The Client fails to deliver necessary content, resources, or feedback by the time ThreeFish Design Studio deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly. The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of The Studios’ resources and work on the project will be delayed or may cease.

 

CANCELLATION:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by ThreeFish Design Studio. Thereupon ThreeFish Design Studio can choose to cease further work on the project. Full amount paid for the project will be allocated as cancellation fee.

 

PROMOTION:

ThreeFish Design Studio has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only.

 

USE OF DESIGN ELEMENTS:

ThreeFish Design Studio legally assumes clients have proofread and approved text copy and images (photos, stock images, web images) before supplying the artwork and copy to ThreeFish Design Studio for design purposes. If ThreeFish Design Studio needs to source images from the internet or stock image websites (free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, ThreeFish Design Studio will use placeholder images to illustrate the design. If the clients approve the

artwork and pay a 40% balance to finalize the project. ThreeFish Design Studio will assume the client has checked these images legally for use based on Country & Commercial Laws pertaining to the project. ThreeFish Design Studio legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content. ThreeFish Design Studio therefore cannot take responsibility or liability of images, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that may arise for using photos, images or text copy wrongly. ThreeFish Design Studio cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs off the project by paying a 60% deposit, or fully paying for the project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock photos, text and copy text can or may be printed, published or posted onto the web or internet. Any design material or artwork printed, posted to the web or any digital and electronic media is the responsibility and legal liability of the client. Hereby ThreeFish Design Studio indemnifies itself from any legal repercussions of the latter.

 

COMMUNICATION:

ThreeFish Design Studio can be reached by telephone or email from Monday to Thursday between 8:30 am and 17:00 pm, or Fridays between 8:30 am to 15:00 pm. ThreeFish Design Studio is closed for business on Saturdays and Sundays. All appointments must be scheduled as agreed by both parties. All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/discussions.

 

CONFIDENTIALITY:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.

 

AND LASTLY THIS… 

 

In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Studio you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined. In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation. 

 

*By paying the deposit, The Client agrees to ThreeFish Design Studio Terms and Conditions as stipulated in this document, unless otherwise arranged.

 

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to above Terms and Conditions. (As stated on quotations and invoices.)

 

Website Terms and Conditions

 

PROCESS DESCRIPTION:

It is in our ability to complete the website within 30 working days as long as The Client supplies us with all the relevant information within 7 working days after the deposit payment, unless otherwise arranged. A mutually agreed upon date should be established, in advance, on which the website will go live.

 

  • As soon as ThreeFish Design Studio has received the 60% deposit, the Studio will open The Client’s task on the ThreeFish Design Studio Workflow System.

 

  • A Branding Questionnaire should be completed and a short brief/strat meeting is required before commencing with the project.

 

  • ThreeFish Design Studio will start brainstorming with regards to the concept and layout of the project, according to the Branding Questionnaire/brief/strat meeting received from The Client.

 

The design process will then start, with regards to the layout, the look, feel and styling.

During this period of time The Client should start compiling all relevant information (in word format) and high-res photos/images which must be supplied to ThreeFish Design Studio – maximum 7 days after deposit and Branding Questionnaire has been received. 

 

ThreeFish Design Studio will supply the website layout visuals in a digital format, which will be presented to The Client to give The Client an idea of the look and feel of the website.

 

  • The Client should be prepared to offer some initial feedback as to how closely the suggested design meets with their general needs and expectations.

 

The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to ThreeFish Design Studio. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design. As soon as the final look is approved and signed off, ThreeFish Design Studio will start finalising the website.

 

Because changes to the template and look after final sign-off requires extra time and money, ThreeFish Design Studio is requesting The Client to be 100% satisfied, prior to building the website template and finalisation of the structure.

 

  • As soon as ThreeFish Design Studio completes the uploading and styling of all info (as supplied), The Studio will send The Client a link to view their site online.

 

  • Client’s feedback and final approval is required prior to the website going live. 

 

  • Receiving The Clients’ final payment of the outstanding 40% will ensure the task to be completed.

 

  • Online Marketing (SEO & SEM) can only happen after the website has been indexed by Google. For a personalised online marketing strategy we will refer you to a service provider you can use. They will be able to quote for a Marketing Strategy Plan accordingly, if requested by The Client.

 

LAYOUT DEVELOPMENT:

The CMS system used to build websites is WordPress. Some of the components used are bought Modules or Plugins from WordPress Component & Plugin Developers, which has been pre-designed for this specific system purposes, thus certain restrictions in programming and layout may be applicable.

 

USE OF WEB DESIGN ELEMENTS:

ThreeFish Design Studio legally assumes clients have proofread and approved text copy and images (photos, stock images, web images) before supplying the artwork and copy to ThreeFish Design Studio for design purposes. If ThreeFish Design Studio needs to source images from the internet or stock image websites (free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, ThreeFish Design Studio will use placeholder images to illustrate the design. If the clients approve the art work and pay a 40% balance to finalize the project, ThreeFish Design Studio will assume the client has checked these images legally for use based on Country and Commercial Laws pertaining to the project. ThreeFish Design Studio legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarised the content. ThreeFish Design Studio therefore cannot take responsibility or liability of images, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees

that may arise for using photos, images or text copy wrongly. ThreeFish Design Studio cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs off the project by paying a 60% deposit all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock photos, text and copy text can or may be printed, published or posted into the web or internet. Any design material or artwork printed, posted to web or any digital and electronic media is the responsibility and legal liability of the client. Hereby ThreeFish Design Studio indemnifies itself from any legal repercussions of the latter.

 

BACKUP:

The completed website, including SQL database, will be backed up as soon as the website is ready to go live. This backup will be supplied to The Client. No monthly backup will be made by ThreeFish Design Studio, unless requested by The Client and a quoted fee per month will be applicable.

 

ONLINE MARKETING SERVICES (SEO & SEM):

 

  • Only BASIC SEO (Search Engine Optimization) is included in the standard website packages. Basic SEO does not include 1st page rankings with Google or any other search engines.

 

In order to reach 1st page rankings with Google an ADVANCED SO strategy should be agreed upon which includes SEO & SEM services on a monthly contract and will be quoted for separately. – SEO results may vary and could take 4-6 weeks for the website to be indexed by Google, after the website has been completed.

 

Basic SEO includes:

  • Website Indexed with Google
  • Search Engine Friendly (SEF) URL’s used
  • Image compress + Lazy load
  • Https/SSL (Only if client uses TFDS server and hosting platform)

 

PAYMENTS:

Because a lot of time, effort and dedication goes into providing The Client with the perfect website, The Client is required to pay a 60% deposit prior to work commencing. The project will only be scheduled and uploaded to the workflow system once the down payment is received by ThreeFish Design Studio, from where ThreeFish Design Studio will commence the building of the website. The down payment is non-refundable. The remaining 40% is payable to ThreeFish Design Studio upon completion of the project, before the site will be open for viewing. Please note this is a strict Company policy but adhere to this to avoid any unpleasantness. No monies or deposits for projects will be paid back to the client at any time during or after the project.

 

DEPOSITS:

When a deposit or full amount is paid, we kindly request our clients to complete their projects within 6 months. To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion – otherwise an additional fee will be charged after 6 months. If a project is put on hold by a client, the same is applicable after 12 months.

 

DELAYED PAYMENT:

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by ThreeFish Design Studio.

 

ERRORS AND OMISSIONS:

ThreeFish Design Studio is not responsible for proofreading any website content. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. ThreeFish Design Studio is not liable for errors or omissions, The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required.

 

  • ThreeFish Design Studio does not take any responsibility for loss of any information on your website.

 

  • ThreeFish Design Studio does not take any responsibility for any legal issues that may arise with regards to the content of your website. It’s The Client’s responsibility to ensure there are no copyright infringements.

 

  • ThreeFish Design Studio does not take any responsibility if your website security is compromised by either a hacker or malicious code. Websites hosted by us are hosted on a secure server with antivirus protection. WordPress has basic built-in security and website back ends are protected with an Admin username and password.

 

REVISIONS:

All projects include Revision Rounds (specific amounts) as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. ThreeFish Design Studio cannot and will never limit The Client to change their minds. Though the price at the beginning of the contract is based on the length of time that ThreeFish Design Studio estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented. The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

 

ADDITIONS AND ALTERATIONS:

New work requested by The Client and performed by ThreeFish Design Studio after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, ThreeFish Design Studio will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

 

DEADLINES:

A Note on Deadlines: ThreeFish Design Studio loves deadlines and we hit every single one of them every time. In order for us to do this for you, however, it is important that you hit every deadline, too. We will rely on you to keep the project flow going with your approvals and sign-offs, as well as getting us content for your website in a timely manner- typically before any design can begin. Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating moving deadlines and milestones forward accordingly, but note that payment milestones will remain as scheduled. By signing this document, or paying your deposit, you acknowledge your responsibilities in keeping the project on-schedule.

By the same token, in the unlikely event we miss one of our deadlines, the payment milestones will be adjusted accordingly. If The Client fails to deliver necessary content, resources, or feedback by the time ThreeFish Design Studio deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of The Studios’ resources and work on the project will be delayed or may cease.

 

CUSTOMER SERVICE:

In the result of the client not being satisfied (due to brief being misunderstood, process issues or reasonable expectation not met), client needs to call a meeting with assigned project planner from ThreeFish Design Studio and mediate a favourable solution for both parties.

 

CANCELLATION:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by ThreeFish Design Studio. Full amount paid for the project will be allocated as cancellation fee. Thereupon, ThreeFish Design Studio can choose to cease further work on the project.

 

RIGHT TO DENY SERVICE:

ThreeFish Design Studio and its staff does not discriminate against religion, sexual orientation, ethnicity, race, nationality, political views or colour but we fully and solely reserve the right to deny graphic design, web design and hosting services to the following:

 

Examples of unacceptable content or links like; pirated software, hacker programs or archives, Warez sites, IRC Bots, illegal MP3s, religious art, toys or figurines, reading material or images that is obscene, abusive, erotic, pornographic in nature,  defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r”. “p” or “pg”, materials that are politically or that are politically or religiously sided or an opinion of a certain politic, ethnic, religious, cult and occult. Any content that is likely to be upsetting, insulting or objectionable to some or most people. 

 

Due to the nature of a shared web hosting environment, ThreeFish Design Studio reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers. The ThreeFish Design Studio shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited. ThreeFish Design Studio prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files. The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and ThreeFish Design Studio fully and solely reserves its rights in this regard.

 

COMMUNICATION:

ThreeFish Design Studio can be reached by telephone or email from Monday to Thursday between 8:30 am and 17:00 pm, or Fridays between 8:30 am to 15:00 pm. ThreeFish Design Studio is closed for business on Saturdays and Sundays. All appointments must be scheduled as agreed by both parties. All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions

 

CONFIDENTIALITY:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential. 

 

AND LASTLY THIS… 

 

In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Studio you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined.

 

HOSTING SERVICES:

  • ThreeFish Design Studio is not responsible for the website hosting unless specified and quoted for, or any other services related to the hosted server. ThreeFish Design Studio prefers to host websites with Domains.co.za or .com. The Hosting Company where the domain is registered, must be contacted for any hosting related problems. ThreeFish Design Studio cannot be held responsible for any hosting related speed-or-downtime issues.

 

  • Should The Client require assistance with Domain registration or transfers, ThreeFish Design Studio should be informed in advance. Domain transfer/new domain registration forms will then be supplied on request. Domain names transferred to ThreeFish Design Studio will be registered in ThreeFish Design Studio director/s names. Hereby ThreeFish Design Studio states that we are not and cannot be held liable for any criminal act done by using the domain name to act out criminal behaviour.

 

ThreeFish Design Studio reserves the rights to bill The Client for any Domain Administration tasks.

 

POPIA COMPLIANCY:

  • ThreeFish Design Studio is not responsible for your website’s Popia (Popi Act) Compliancy to be in place or maintained. ThreeFish Design Studio can implement POPIA Compliancy Strategy on websites at an agreed fee. We do not certify the Compliance but implement what the Government is stating about POPIA and the use of Information on your websites. ThreeFish Design Studio will notify clients about new Popia regulation or changes and offer to update their current privacy and cookie policy at an agreed fee.
  • It is the client’s responsibility to ensure the Cookie and Privacy Policies on their website are relevant to their business. It is also the client’s responsibility to ensure the Popup is functioning. Clients who want to add legal documents in other menus on their website, need to request this from ThreeFish Design Studio or implement the links themselves. 
  • ThreeFish Design Studio is not enforcing the Privacy to Information Act or forcing clients to comply. We are making the option available for clients.
  • ThreeFish Design Studio cannot be held responsible for any POPIA or PAYA related enquiries or issues that may arise due to it. It is the clients responsibility to ensure that they adhere to Government Policy about the handling of information and to educate themselves about the Information Act.
  • Should The Client want to know more about the Information Act (POPIA or PAYA), they can read more about it at: 

 

https://inforegulator.org.za/

https://popia.co.za/

https://www.gov.za/documents/promotion-access-information-act#

 

* Note that adding POPIA Compliant information to your website and/or implementing POPIA Compliance features on your website does not make your company 100% Compliant as you need to implement POPIA / PAYA at your companies physical locations and assign a Information Officer who needs to be responsible to maintain your companies own compliancy as stated on the Government website and gazette.

 

Hosting Terms and Conditions

 

OUR DETAILED HOSTING AND DOMAIN REGISTRATION DISCLAIMER

By paying your 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration, hosting and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner Terms and Conditions. ThreeFish Design Studio, at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this Website and Services at any time. By using this service,

the user waives any rights or claims it may have against ThreeFish Design Studio, regarding such changes. Without limiting the foregoing, ThreeFish Design Studio shall not be

liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Hereby, each party waives any claims that these exclusions deprive such parties of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the ThreeFish Design Studio website. ThreeFish Design Studio forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time ThreeFish Design Studio makes any representation or warranty regarding any third party’s products or services, nor will ThreeFish Design Studio be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against ThreeFish Design Studio with respect to third party products and services, to the maximum extent allowable by law.

 

Should you decide to cease ThreeFish Design Studio services regarding website management, wordpress management and or hosting, there will be a transfer fee. The new WordPress admin must take full control and sign off the website into their hands before any transfer will take place. Please note if you handover WordPress logins to a third party, ThreeFish Design Studio will take no responsibility should issues arise with anything relating to your site. A contract will be signed.

 

TERMS AND CONDITIONS

By paying your 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration, hosting and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner Terms and Conditions.

 

GENERAL

ThreeFish Design Studio reserves the right to change or modify any of the terms and conditions contained in this agreement. This is an agreement between you and ThreeFish Design Studio regarding your use of ThreeFish Design Studio’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”)

This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with our principal account. The Account Holder is responsible for the use of each account in any way whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account. In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

 

Please Read These Terms And Conditions Carefully.

 

ACCEPTABLE USE POLICY

By using ThreeFish Design Studio’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

 

GENERAL AND ACCEPTABLE USE

You are expected to use ThreeFish Design Studio’ services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic

understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

 

UNACCEPTABLE USE

Illegality in an way or form including, but not limited to, activities such as unauthorised distribution or coping of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.

 

ThreeFish Design Studio’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal

MP35″ etc. Due to the nature of a shared web hosting environment, ThreeFish Design Studio reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.

ThreeFish Design Studio shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business

without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.

ThreeFish Design Studio prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files. The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights. An unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, ThreeFish Design Studio full and solely reserves its rights in this regard.

 

INTERPRETATION

The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. ThreeFish Design Studio reserves the right at all times to prohibit conduct that damages its reputation and goodwill in any way.

 

EMAIL AND DOMAIN SETTINGS

ThreeFish Design Studio is not responsible or can be held responsible for incorrect email or domain hosting settings. It is the clients responsibility to make sure the settings are correct or understood correctly. Email or Hosting Settings can change without notice due to security protocols in place to protect network vulnerability. ThreeFish Design Studio will not pay for any IT related issues relating to clients email, hosting or website. The client is fully responsible for their own IT accounts and billing.

IT companies who support client’s IT Systems can contact ThreeFish Design Studio at sarah@threefishdesignstudio.com for email, hosting and domain settings. ThreeFish Design Studio is not responsible for setting up clients’ email on desktops, mobile devices. All software related problems need to be taken up or consulted with a reputable registered

Information Technology Support company.

 

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: 

 

  • Unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic

 

  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

 

  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and

 

  • Employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

 

SPAMMING

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam. It is in violation of ThreeFish Design Studio’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:

 

  • To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

 

  • To send unsolicited mass emails, if such emails provoke complaints from the recipients;

 

  • To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a ThreeFish Design Studio provided server, or using a ThreeFish Design Studio provided server as a maildrop for responses;

 

  • To falsify user information provided to ThreeFish Design Studio or to other users of the service in connection with use of a ThreeFish Design Studio service. We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

 

DETERMINATION OF A BREACH OF THIS POLICY

ThreeFish Design Studio will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

 

CONSEQUENCES OF BREACH OF THIS POLICY

When ThreeFish Design Studio becomes aware of an alleged violation of its AUP (Acceptable Use Policy), ThreeFish Design Studio will initiate an investigation (within 24-48 hours). During the investigation ThreeFish Design Studio may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy,

ThreeFish Design Studio may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, ThreeFish Design Studio reserves the

right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, ThreeFish Design Studio will notify the appropriate law enforcement department of such violation.

 

ThreeFish Design Studio does not issue service credits for any outages incurred through service disablement resulting from Policy violations. You shall be held liable for any and all costs incurred by ThreeFish Design Studio as a result of your violation of these terms and conditions. This includes, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination. A second violation will result in a Cleanup Fee of R3500 and immediate termination of your account. The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that ThreeFish Design Studio personnel must spend to investigate any violations.

 

MODIFICATION

ThreeFish Design Studio may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk size. ThreeFish Design Studio reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

 

REPORTING NETWORK ABUSE

Any party seeking to report any violations ThreeFish Design Studio’s Policy may contact via email: sarah@threefishdesignstudio.com

 

DISCLAIMERS AND LIMITATION OF LIABILITY

You agree that our entire liability, and our exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.

We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:

 

  • Access delays or access interruptions

 

  • Data non-delivery or data mis-delivery;

 

  • Acts of God;

 

  • The unauthorised use or misuse of your account identifier or password;

 

  • Errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;

 

  • The interruption of your Service.

 

You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Subject always to the provisions of the CPA, to the extent that it is applicable, ThreeFish Design Studio’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ThreeFish Design Studio expressly disclaims any representation or warranty that the ThreeFish Design Studio services will be error-free, secure or uninterrupted. No oral advice or written information given by ThreeFish Design Studio, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement. ThreeFish Design Studio will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. The terms of this Section will survive any termination of this Agreement.

 

RESPONSIBILITY FOR CONTENT AND ACCOUNT HOLDER INDEMNITIES

You agree to indemnify and hold ThreeFish Design Studio harmless from any and all Claims resulting from or connected with any activities conducted by you. You and ThreeFish Design Studio will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. ThreeFish Design Studio reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or ThreeFish Design Studio’s then current Acceptable Use Policy, in the sole and absolute opinion of ThreeFish Design Studio. ThreeFish Design Studio will not change passwords to any account without proof of identification, which is satisfactory to ThreeFish Design Studio which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that ThreeFish Design Studio will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will ThreeFish Design Studio be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless ThreeFish Design Studio from any and all Claims arising from such ownership disputes. You agree to indemnify and hold ThreeFish Design Studio and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by ThreeFish Design Studio. The terms of this Section will survive any termination of this Agreement. You agree not to harm ThreeFish Design Studio, its reputation, computer systems, programming and/or other persons using ThreeFish Design Studio’s services. The terms of this Section will survive any termination of this Agreement.

 

VARIATION OF SERVICES

You agree that ThreeFish Design Studio may establish certain limits concerning use of any ThreeFish Design Studio service offered on any ThreeFish Design Studio website including, without limitation, the maximum number of days that email messages will be retained by any ThreeFish Design Studio service, the maximum number of email messages that may be sent from or received by an account on any ThreeFish Design Studio service, the maximum size of an email message that may be sent from or received by an account on any ThreeFish Design Studio service, the maximum disk space that will be allotted on ThreeFish Design Studio’s servers on your behalf either cumulatively or for any particular service. You agree that ThreeFish Design Studio has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any

ThreeFish Design Studio service. You acknowledge the features, parameters (for example, the amount of storage available to users) or existence of any ThreeFish Graphic and Web Designer Studio service may change at any time. ThreeFish Design Studio reserves the right to select the server for your website for best performance. You understand that the services provided by ThreeFish Design Studio are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then ThreeFish Design Studio has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

 

NON-TRANSFERABILITY OF SERVICES

Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of ThreeFish Design Studio.

 

PASSWORDS

You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for an unauthorised use of ThreeFish Design Studio services, including any damages resulting therefrom, until you notify ThreeFish Design Studio’s customer service. The responsibility of all passwords and other related sensitive information is assumed by you, should an additional fees arise from resource consumption due to poor credentials (such as, but not limited to

blank passwords or “test” accounts) no fault shall be levied on ThreeFish Design Studio.

 

GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and ThreeFish Design Studio with respect to the ThreeFish Design Studio services and supersedes all prior

agreements between you ThreeFish Design Studio. ThreeFish Design Studio reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made. Any use by you of the ThreeFish Design Studio services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment. ThreeFish Design Studio’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement. Save where otherwise provided for in this Agreement, if you:

 

  • Fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or

 

  • Commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;

 

  • Are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;

 

  • Commit any act which if committed by a natural person would constitute an act of insolvency;

 

  • Become insolvent;

 

  • Compromise or attempt to compromise generally with any of your creditors;

 

  • Have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then ThreeFish Design Studio shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to ThreeFish Design Studio’s right to claim damages.

 

The interpretation and enforcement of this Agreement shall be governed according to the laws of the Republic of South Africa (excluding its choice of law rules). You consent to the jurisdiction of the South African courts.

 

The ThreeFish Design Studio services are provided from Kiepersol, Mpumalanga, South Africa, and this Agreement is deemed to have been entered into at Kiepersol, Mpumalanga, South Africa. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

 

BILLING TERMS OF Three Fish Design Studio

ThreeFish Design Studio will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you. Accounts are due 7 days before the date reflected on the invoice presented by ThreeFish Design Studio Services (“Due Date”). Where ThreeFish Design Studio Services has been authorised by you to collect funds on your behalf, ThreeFish Design Studio Services reserves the right to do so within seven days before the due date. ThreeFish Design Studio Services retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of its customers as and when it sees fit. ThreeFish Design Studio products and services are not pro-rated. ThreeFish Design Studio will provide a service to you, as chosen by you, for the period of time (“the Term’) corresponding with the payment plan specific to you or as otherwise specified in the

product’s terms and conditions relating to the particular product or service supplied by ThreeFish Design Studio. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

 

EFFECT OF NON-PAYMENT

In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights ThreeFish Design Studio has in terms of this Agreement or in law, ThreeFish Design Studio reserves the right to hold you liable for the total amount due pursuant to such invoice. Interest of 10% per month may be charged on all overdue accounts. ThreeFish Design Studio may halt, suspend or completely stop the supply of old and new services to you and/or terminate current services held by you if payment of any invoice is not made by

the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately. If you pay the amount due in full, you may have your existing services reactivated and also purchase new services. If you neglect to pay the amount due in full. ThreeFish Design Studio will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account. In the event of suspension due to non-payment, ThreeFish Design Studio reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received. Please note that admin fees apply in the event that your account is suspended due to non-payments. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment. If domain hosting or yearly registration fees are not paid for more than one month ThreeFish Design Studio reserves the right to delete the domain completely for domain registry and remove hosting and hosting files (this includes emails, website, any other documentation) from our servers, without notice or back up of files.

 

It is not ThreeFish Design Studio’s responsibility to save backups of emails, websites or any other files clients may have saved on their hosting space unless organised, quoted and agreed upon.

 

DOMAIN RESCUE FEES

Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof. Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer. Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

 

PAYMENT METHODS AND FEES

ThreeFish Design Studio accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make our monthly payments. ThreeFish Design Studio runs debit orders once a week. A processing fee (incl. VAT) is charged on all returned debit orders. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

 

REFUNDS

ThreeFish Design Studio will only refund a customer in the event of their account having a credit balance. 

 

CANCELLATIONS

Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period. Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

 

DOWNGRADES

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.’

Example: Changing from a Corporate account  to a Business account would be considered a downgrade. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged a rate for the existing package in the following month.

 

DISPUTE RESOLUTION – General Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mindset, without formal proceedings and in agreement with the various dispute resolution procedures provided. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except Billing disputes. You are required to direct a general complaint to support@1-grid.com. The complaint is required to be accompanied by the following;

 

  • Your full particulars and contact details;

 

  • Your relationship with ThreeFish Design Studio and any customer reference which may be applicable;

 

  • A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and

 

  • Any relevant evidence or documentation you wish to submit in support of your complaint.

 

Under the ICASA Code of Conduct Regulations ThreeFish Design Studio is required to:

 

  • Acknowledge receipt of your complaint within 3 Business Days; and

 

  • Determine an outcome for the complaint and communicate this to you within 14 Business Days.

 

REFERRAL OF COMPLAINTS TO ICASA

If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA is not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication. Please note that under the CASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA. ICASA can be contacted in the following ways:

 

Email: consumer@icasa.org.za

 

To find contact details of ICASA in our area, please visit: https://www.icasa.org.za/pages/contact-us

 

Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

 

BILLING DISPUTE RESOLUTION – PURPOSE OF THIS PROCEDURE

This Procedure sets out the obligations of ThreeFish Design Studio and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter. ThreeFish Design Studio’s Billing Dispute Handling Procedure is intended to service both the Customer and ThreeFish Design Studio’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.

 

DEFINITIONS

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

 

“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure. 

 

“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

 

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

 

“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

 

“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

 

GENERAL

Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to ThreeFish Design Studio by the Due Date of the Invoice. For the avoidance of doubt the parties acknowledge and agree that:

 

An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount). Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from ThreeFish Design Studio as set out below).

 

Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to accounts@threefishdesignstudio.com – while Complaints are dealt with under the ThreeFish Design Studio Complaints Handling Procedure.

 

Please note that ThreeFish Design Studio will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

 

CUSTOMER’S OBLIGATIONS TO FIRST USE THIS PROCEDURE

As a current or prior Customer of ThreeFish Design Studio, you agree to allow ThreeFish Design Studio to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. ThreeFish Design Studio requires and you agree that it be the first option in Billing Disputes. ThreeFish Design Studio receives a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before ThreeFish Design Studio has been given a chance to resolve the issue ThreeFish Design Studio has the right to collect on the rendered services and any fees associated with those disputes. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, ThreeFish Design Studio still retains the right to collect on any rendered services or fees that are due. Should ThreeFish Design Studio be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, ThreeFish Design Studio will submit the full delinquent amount for Collections. Time period within which Billing Disputes can be initiated

A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice. Circumstances under which payment of a Disputed Amount may be withheld. You may only withhold payment of a Disputed Amount where ThreeFish Design Studio receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

 

USE OF ACCOUNT HOLDER INFORMATION

Use of Account Holder information for promotional purposes ThreeFish Design Studio may include your name and contact information in directories of ThreeFish Design Studio’s  service subscribers for the purpose of promoting the use of the services by potential customers. However, ThreeFish Design Studio is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.

 

DOMAIN REGISTRATION AGREEMENT

By paying your 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration agreement of our third-party domain partner, found here.

 

In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

 

*By paying the deposit, The Client agrees to ThreeFish Design Studio Terms and Conditions as stipulated in this document, unless otherwise arranged.

 

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to above Terms and Conditions. (As also stated on all quotations and invoices).

 

WEBSITE TAKEOVER & OWNERSHIP

As soon as the client pays outstanding 40% of a website project, the website becomes their ownership. The client will receive administrative logins to edit and modify the website as they please. ThreeFish Design Studio does not take any responsibility for the client’s website from the moment the client receives the administrative login and password. Any errors that may occur, failure or user negligence is the clients responsibility. Fees that may occur to repair errors or website failure is the client’s responsibility. Unless the client arranges and is quoted by ThreeFish Design Studio for a SLA to maintain the website, the above is applicable and waivers ThreeFish Design Studio of any responsibility to maintain the website. SLA will also stipulate fees and responsibilities accordingly.

 

WEBSITE PLUGINS

ThreeFish Design Studio is not responsible for updating or maintaining WordPress, WooCommerce or any 3rd party plugins. Unless the client has signed and paid for an ongoing SLA, the plugins, licences for plugins are not renewed or updated. If a client hands over the website maintenance to a third party developer, the updating, licensing and maintenance of plugins are moved over to either the client or third party company ThreeFish Design Studio waives the responsibility of upkeeping, payments or renewing any paid plugins. If licenses expire it is the clients responsibility to buy new subscriptions. Fees for these plugin subscriptions are the responsibility of the client. SLA will also stipulate fees and responsibilities accordingly.

 

WEBSITE TECHNOLOGY

WordPress is defined as Open Source CMS Software, thus the technology will update and constantly change over time. If your website language or the technology it runs on updates to the point where your original website does not work or is not compatible anymore, you as client are responsible to either upgrade or rebuild the website to a suited technology level. ThreeFish Design Studio can supply a quotation to rebuild or to upgrade your website.

ThreeFish Design Studio is not responsible for websites or systems that may fail due to technology that updates. Plugins used that may become nulled due to technology or technical restraints are not ThreeFish Design Studio responsibility. We highly advise clients to either upgrade or rebuild websites every three years to the latest technology. Or sign a SLA for websites and plugins to be maintained and updated. SLA will also stipulate fees and responsibilities accordingly. Hosting technology that is always updating due to security issues and performance gains may also lead to system failure if the website technology is not updated regularly. ThreeFish Design Studio advises clients to host with a reputable hosting service provider. Monitoring and checking website uptimes is not ThreeFish Design Studio’s responsibility unless a SLA is signed and agreed to monitor uptimes. ThreeFish Design Studio cannot be held responsible for downtimes of your website, loss of traffic or income related to downtime or errors that may occur. Clients are advised to monitor, or bring in monitoring solutions to make sure their website or system is up and running. It is the client’s responsibility to test their website regularly, as well as text processes like online enquiry forms, live chat system, e-commerce functionality. ThreeFish Design Studio waives any responsibility to further monitor or test technical or user experience technologies after the website goes live, and is handed over to the client, unless agreed to in a Service Level Agreement.

 

SERVICE LEVEL AGREEMENT (SLA)

Service Level Agreements are only valid if fully paid for and the account is up to date. Any outstanding monies against client account will null the agreement and anything it binds ThreeFish Design Studio to. SLA can be customized to users or client needs. Contact ThreeFish Design Studio for more information.

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