Legal

Email disclaimer, quotation overview, contract overview and terms and conditions.

Disclaimer &
Confidentiality

Email disclaimer & confidentiality note

All e-mails, their attachments and any rights attached thereto are, unless the context clearly indicates otherwise, the property of Lucidity Creatives (Pty) Ltd.

It is confidential, private and intended for the addressee only. Should you not be the addressee and receive an e-mail by mistake, kindly notify the sender, and delete the e-mail immediately and do not disclose or use the e-mails content in any manner whatsoever. Views and opinions expressed in these e-mails are those of the sender unless clearly stated as those of Lucidity Creatives (Pty) Ltd.

Lucidity Creatives (Pty) Ltd accepts no liability whatsoever for any loss or damages whatsoever and howsoever incurred, or suffered, resulting, or arising, from the use of these email or its attachments. Lucidity Creatives (Pty) Ltd does not warrant the integrity of these e-mails nor that it is free of errors, viruses, interception or interference.

Quotation
Overview

Quotation & estimate overview

Cost estimates are subject to a 10% variation. Acceptance of cost estimations indicate acceptance of the costs and gives approval for production to go ahead.

Any changes to the nature of the work performed will result in additional charges. Author’s/Clients corrections, overtime and changes for duplicate materials will be billed in addition unless specifically included in this estimate. This estimate shall remain valid for fourteen days from date of preparation thereof.

Copyright in respect of any work commissioned, will remain the property of Lucidity Creatives (Pty) Ltd until such time as the full cost thereof has been paid for by the client.

Important notes
  1. 1QUOTES ARE ESTIMATES: These costs are estimated based on the time/costs anticipated that it will take to complete the project. Should the project exceed the allocated time, or changes be made to the specifications, costs may need to be reviewed.
  2. 2Please check to ensure all specifications and details in the quotation are correct and to your requirements. Lucidity Creatives (Pty) Ltd cannot be held responsible for any incorrect sizes, details etc. for approved cost estimates/tasks.
  3. 3Lucidity Creatives (Pty) Ltd cannot be held responsible for the loss, misplacing or missing of deadlines for adverts, artwork sent directly to magazine publications, print-houses etc. Should it be necessary to re-send artwork, an additional fee may be charged.
  4. 4The content required for projects, unless otherwise stated in the cost estimates, is the client’s responsibility. Content is not a factor in the completion of design, development and hosting assets as payment is required when the design project is complete. Lucidity Creatives (Pty) Ltd cannot be held responsible for any delay or missed deadlines when the agreed content has not been supplied in a timeous manner.
  5. 5A detailed concise brief, sitemap where applicable, all content, copy, hi-resolution logos/image etc.to be supplied and in correct formats. Should any changes or sourcing of correct files be required, additional costs may apply.
  6. 6Logo/image/graph design/redesign or editing, copywriting, translation, photography, media bookings, training, consulting, meetings, printing, photo prepping (deep-etching, colour retouching etc), sketching, animation, info-graphics, tables, graphs, or purchase of stock images/videos, are not included, unless otherwise stated in the quote.
  7. 7Prices are based on designing/completing the above-mentioned tasks simultaneously. Should these briefs be received separately, costs may need to be revised.
  8. 8Should the transition between stages take an extended amount of time, example: waiting for content or sign-off, we may require a further interim payment to be made.
  9. 9Print ready/final artwork will be supplied on email or as a download link. Should it be necessary to write to disk and deliver, additional fees may apply.
  10. 10Lead time is subject to confirmation of our production schedule on acceptance of any cost estimate. Standard design turnaround time/s from date of approval are supplied with each cost estimate (any production time is excluded). Should any project require quicker delivery, a “Rush fee” may be applicable.
  11. 11In order to proceed with the quoted project, we require a signed copy of the cost estimate and contract, or an email with the quotation and contact attached with your approval, to be emailed to us at info@luciditycreatives.com (as confirmation and acceptance of the prices and conditions stated herein) and a deposit as per the terms stated in the quotation before any work is placed in production or commences.
  12. 12Full payment is due upon on completion. We reserve the right to charge interest on all overdue debts after 21 days at the current rate set out by the South African Department of Trade and Industry per month or part of a month. A R60 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice.

Contract
Overview

Purpose of the contact

The purpose of this contract is to define the expectations, goals and workflow for the development and management of your company website, hosting, social media, SEO, branding or design as well as disclaim the limited liabilities and legal information involved with website and online marketing development. This is not a complicated contract with tie-ins.

Summary

Lucidity Creatives (Pty) Ltd will always do their best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

you *company name* are hiring Lucidity Creatives (Pty) Ltd as outlined in our correspondence and signed/approved quotes. If you decide to add more to the scope of the quotes, the schedule and final cost is subject to change. Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the quotation/cost estimation you sign-off and approve.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. we’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Design

For websites, we create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. We’ll either email or share a download folder with you and we’ll keep in regular contact. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Our website packages are at lower costs than normal website designs as we work with the WordPress Divi framework, using the images, colours and content you supply. There is less customisation, though we can supply estimates for extra work you may want, which could include premium plugins, members areas, e-commerce, sliders, more advanced contact forms etc.

Your pages will include your logos, colours, images and content and will be laid out in the most appealing way we can design. If you want special backgrounds, galleries, image sliders, widgets, external integrations etc, these will be quoted separately.

Text content

We’re not responsible for writing or inputting any text copy. You will provide the content that is to add. If you’d like us to write new content, edit or input text for you, we can provide a separate quotation for that.

Graphics & photographs

You should supply graphic files in an editable, vector digital format and supply photographs in a high-resolution digital format before we can begin working on creating your site or design. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate quotation for that.

Changes & revisions

You must assume that all additions, alterations, changes in content, layout or process changes requested will alter the time and cost. The hourly rate for changes will reflect on the cost estimate and a detailed invoice with the total time taken for each change will be given, which we shall keep you apprised of within a reasonable period of time after each change.

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind or add new requests. The quotation is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate quotation for that.

We will take your scope of work and break down each item with its own estimate for your approval. This will allow you to have better control over the budget through the course of our ongoing business relationship. We organise our projects into week or two-week long sprints. Each sprint has a theme, a set of requirements that we’re going to finish during the period. It might be a sign-up process one week and a shopping cart the next. We’ll cover all the areas of a project across these sprints; and because you will know the estimated price in advance, you can budget accordingly. If you have a great idea for something new or simply change your mind, no problem. We roll up those requests into another sprint week, and you can then make a business decision about spending money on those items.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 8 for Windows users get an appropriate, possibly different, experience. We’ll implement a single column design for Internet Explorer 7 and below for Windows and won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate quotation for that.

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in iOS: Safari and Google Chrome; Android 4.x: Google Chrome and Firefox.

We currently don’t test Blackberry, Opera Mini/Mobile, Windows Phone or other mobile browsers. If you need me to test using these, we can provide a separate quotation for that.

Search engine optimisation (SEO)

We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances. If you would like us to install and set up tools to help with SEO and provide you some basic tips, we can provide a separate quotation for that.

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting inhouse; if you do, great. If you don’t, we can set up an account for you at one of my preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate quotation for that. Then, the updates to, backups and management of that server will be up to you. If you need monthly management, we can provide a separate quotation for that.

Legal stuff

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you’ve permission to use them.

Then, when your final payment has cleared for each project, copyright will be automatically assigned as follows:

  1. 1You’ll own the visual elements that we create for your project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
  2. 2We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for that project only, unless we agree otherwise.

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your projects as part of our portfolio and to write about it on websites, in magazine articles and in books.

Quotation & estimates

The fees and expenses quoted are minimum estimates only unless an hourly fee has been agreed upon. The progress of each project and or hourly fees will reflect on both the quotation and invoice which we shall keep you apprised of within a reasonable period of time. Final fees and expenses shall be shown when the invoice is supplied.

Payment schedule

We’re sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

For all work performed, 50% is payable upfront before work begins. This is a non-refundable and is for the work we put in before a website is ready to go live or for setting up and creating design elements. Final payment is due upon completion. For websites, once we have completed the site and it’s ready to go live, full payment, including the costs for changes and additions requested, must be made within 7 days of final delivery.

We issue invoices electronically. Our payment terms are 21 days from the date of invoice by EFT payments system. All proposals are quoted in South African Rands and payments will be made at the equivalent conversion rate at the date the transfer is made.

The appropriate bank account details will be on the electronic invoice. The grant of any license or right of copyright is conditioned on receipt of full payment as invoiced.

Default on payments

We reserve the right to charge interest on all overdue debts at the rate of 2% per month or part of a month and restrict or remove any service that is unpaid after 21 days.

A R60 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. You the client shall assume responsibility for cost outlays by us in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

Non-payment of monthly hosting fees and/or domain renewals after 7 days will result in immediate suspension of website hosting until payment is received. A R60 service charge is payable for reconnection.

Cancellations & transfers

You can cancel your hosting at any time with no penalty or charges. Your cancellation request must be made within ten working days before your next monthly payment is due so it can be processed. Your site will then be taken down.

If you want to move your site in the first 12 months, there is an admin fee of R720. After 12 months, there is no fee.

We provide all website files and attendant databases to you and your new developer. No complaints, no badgering to stay. We can also in most cases set it up on your own hosting for you for a fee of R860.

If we bought the domain name for your site, you will also need to pay a fee for us to transfer it into your ownership.

This is a legal document

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission.

This contract stays in place for all projects and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of South African courts.

Full Terms
& Conditions

1.0 Quotations
  1. 1.1Quotations submitted according to project specifications will remain valid for a period of 14 days from quote date. If this 14 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, Lucidity Creatives (Pty) Ltd may amend the quote according to our current rates.
  2. 1.2All quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to Lucidity Creatives (Pty) Ltd, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceeding quote.
  3. 1.3As all quotations are carefully considered in light of each projects specific technical requirements, Lucidity Creatives (Pty) Ltd reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications where not communicated in a reasonably clear and correct manner by the client to Lucidity Creatives (Pty) Ltd at the outset of the project.
  4. 1.4In the event that a client is unable to provide a detailed project specifications document , Lucidity Creatives (Pty) Ltd reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
  5. 1.5Lucidity Creatives (Pty) Ltd reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
  6. 1.6To formally accept a quotation by Lucidity Creatives (Pty) Ltd, the quote must be signed and dated by the client and returned to Lucidity Creatives (Pty) Ltd via email. No project will commence unless it’s formal acceptance of the quote is received by Lucidity Creatives (Pty) Ltd within the 14 day period as specified in point 1.1
2.0 Deposit & placement of order
  1. 2.1A 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once an invoice has been sent to the client. Lucidity Creatives (Pty) Ltd accepts cash deposits, electronic transfers and Snapscan payments (With a 3% transaction fee). Lucidity Creatives (Pty) Ltd does not accept payment by cheque or credit card.
  2. 2.2No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, Lucidity Creatives (Pty) Ltd accepts no responsibility should the deadline of the project not be met.
3.0 Project phases
  1. 3.1Each phase of a project requires formal written response, approval, or sign off, by the client. Lucidity Creatives (Pty) Ltd will not proceed with a project phase unless such written approval has been received by the client for the preceding phase. Lucidity Creatives (Pty) Ltd reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.
  2. 3.2Alterations, and additions may be requested at any time, during any phase of the development of a project. Lucidity Creatives (Pty) Ltd will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, Lucidity Creatives (Pty) Ltd reserves the right to bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, Lucidity Creatives (Pty) Ltd will need to receive approval or confirmation of the changes from the client, before any development commences.
  3. 3.3It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements, and were applicable an approved sitemap with contents. Lucidity Creatives (Pty) Ltd accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, Lucidity Creatives (Pty) Ltd reserves the right to charged additionally for any extra development time incurred as a result.
4.0 Hosting
  1. 4.1It must be stated that Lucidity Creatives (Pty) Ltd does not provide direct web hosting services of any kind. Should a client request assistance with their hosting service provider, Lucidity Creatives (Pty) Ltd reserves the right to bill for any such assistance provided. Further, Lucidity Creatives (Pty) Ltd reserves the right to make use of a hosting provider of it’s choice.
  2. 4.2In the event that a client’s website should experience technical difficulty, or downtime, and the source of such difficulty is found with the client’s hosting provider, Lucidity Creatives (Pty) Ltd accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
  3. 4.3It is expected that the client, and the client’s hosting provider will co-operate fully with Lucidity Creatives (Pty) Ltd to complete the project successfully. It is expected that the client, and or, hosting provider shall provide the correct cpanel and FTP details to Lucidity Creatives (Pty) Ltd to successfully complete the project.
  4. 4.4Lucidity Creatives (Pty) Ltd shall under no circumstances provide FTP, cpanel, database, login or any other confidential information, unless it is specifically requested in writing, by an authorised representative, via the authorising email address or account.
5.0 Disclaimer For Liability
  1. 5.1The client shall have no claim against Lucidity Creatives (Pty) Ltd and the client hereby indemnifies and holds Lucidity Creatives (Pty) Ltd free from liability in respect of any loss, damage or cost caused by or arising from:
    1. 5.1.1any fact or circumstances beyond the reasonable control of Lucidity Creatives (Pty) Ltd; or
    2. 5.1.2any downtime, outage, interruption in or unavailability of any of the services or the Lucidity Creatives (Pty) Ltd network infrastructure as a result of or attributable to any of the following causes:
      1. 5.1.2.1software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
      2. 5.1.2.2the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services, domain nameservers or remote mailservers;
      3. 5.1.2.3the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the Lucidity Creatives (Pty) Ltd network is connected;
      4. 5.1.2.4the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
    3. 5.1.3any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
    4. 5.1.4any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client’s information, data or content;
    5. 5.1.5the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
    6. 5.1.6any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other Lucidity Creatives (Pty) Ltd;
    7. 5.1.7without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if Lucidity Creatives (Pty) Ltd has substantially performed its obligations under this agreement.
  2. 5.2Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against Lucidity Creatives (Pty) Ltd and the client hereby indemnifies and holds Lucidity Creatives (Pty) Ltd free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
  3. 5.3Lucidity Creatives (Pty) Ltd reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Lucidity Creatives (Pty) Ltd network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Lucidity Creatives (Pty) Ltd network.
  4. 5.4Although Lucidity Creatives (Pty) Ltd shall use reasonable endeavours to provide disaster recovery, Lucidity Creatives (Pty) Ltd does not specify any recovery time, nor shall Lucidity Creatives (Pty) Ltd be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Lucidity Creatives (Pty) Ltd failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client or Lucidity Creatives (Pty) Ltd will be successful or in any way will avoid disaster.
6.0 Social media & website
  1. 6.1Lucidity Creatives (Pty) Ltd shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. Lucidity Creatives (Pty) Ltd shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these Terms or (at Lucidity Creatives (Pty) Ltd’ discretion) the agency’s price list applicable from time to time.
  2. 6.2Lucidity Creatives (Pty) Ltd shall not be liable for any changes made without notice by the client or a third party employed by the client to domain names, websites, links, technical setup etc. and affecting the services delivered by Lucidity Creatives (Pty) Ltd. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the client in accordance with these terms or on the basis of Lucidity Creatives (Pty) Ltd price list applicable from time to time at Lucidity Creatives (Pty) Ltd discretion.
  3. 6.3Lucidity Creatives (Pty) Ltd shall use all reasonable endeavours to deliver services relating to search engine optimisation, links, advertisements, social media banners, pay per click and google analytics in accordance with the guidelines applicable to the relevant search engines. However, Lucidity Creatives (Pty) Ltd shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond Lucidity Creatives (Pty) Ltd control and reserves the right to make changes to services as a result of the same. In addition, Lucidity Creatives (Pty) Ltd shall not be liable for other changes or discontinuation of search engines.
  4. 6.4Lucidity Creatives (Pty) Ltd shall not be liable for services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, Lucidity Creatives (Pty) Ltd shall not be liable for ensuring that such services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
  5. 6.5Lucidity Creatives (Pty) Ltd shall not be responsible for URLs dropped or excluded by a search engine for any reason.
  6. 6.6If the client does not implement some or all of Lucidity Creatives (Pty) Ltd recommendations, Lucidity Creatives (Pty) Ltd shall not bear any liability for any lack of success experienced by the client relating to the services.
  7. 6.7Lucidity Creatives (Pty) Ltd reserves the right to place a link to the Lucidity Creatives (Pty) Ltd website within the footer of the design / developed website, unless otherwise agreed upon.
7.0 Maintenance & repair
  1. 7.1Lucidity Creatives (Pty) Ltd may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of Lucidity Creatives (Pty) Ltd services. Where the circumstances permit, Lucidity Creatives (Pty) Ltd shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond Lucidity Creatives (Pty) Ltd control.
8.0 Intellectual property/copyright
  1. 8.1All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
  2. 8.2The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of Lucidity Creatives (Pty) Ltd without the prior written approval of Lucidity Creatives (Pty) Ltd. The client hereby grants Lucidity Creatives (Pty) Ltd a non-exclusive licence to use the client’s marks but only to the extent necessary or required by Lucidity Creatives (Pty) Ltd to exercise its rights or fulfill it’s obligations under this agreement.
  3. 8.3Other than specifically provided in this agreement, Lucidity Creatives (Pty) Ltd shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the Lucidity Creatives (Pty) Ltd network infrastructure, the Lucidity Creatives (Pty) Ltd e-commerce network infrastructure, Lucidity Creatives (Pty) Ltd business and the provision of any of the services in terms of this agreement.
  4. 8.4All software, coding, design work and intellectual property remains the property of Lucidity Creatives (Pty) Ltd.
9.0 Specifications & payment terms
  1. 9.1Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, Lucidity Creatives (Pty) Ltd reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
  2. 9.2Additionally, no design or development work will begin, unless Lucidity Creatives (Pty) Ltd has been provided with all content and specifications documents necessary to complete the project, by the client.
  3. 9.3Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
    1. 9.3.1the client’s failure to provide all necessary content & project specifications as described in point 1.2;
    2. 9.3.2timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, Lucidity Creatives (Pty) Ltd shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
  4. 9.4The first design concepts will be provided within 5 five working days upon confirmation of the 50% deposit.
10.0 Content
  1. 10.1Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of Lucidity Creatives (Pty) Ltd, it will be made available to the client upon the completion of the project. Lucidity Creatives (Pty) Ltd ensures that all information and data provided by the client remains confidential.
  2. 10.2It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to Lucidity Creatives (Pty) Ltd for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. Lucidity Creatives (Pty) Ltd, accepts no responsibility in the event that such ownership, or right of use is legally disputed.
11.0 Design phase
  1. 11.1Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
  2. 11.2Once formal written approval of the design concept to be used for the website has been given, 50% of the deposit becomes non-refundable.
  3. 11.3Lucidity Creatives (Pty) Ltd reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.
  4. 11.4Lucidity Creatives (Pty) Ltd will provide one design concept for a each website.
  5. 11.5Should additional design concepts be requested, an hourly fee will be charged.
  6. 11.6Lucidity Creatives (Pty) Ltd will complete 3 overall design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an fee will be charged according to our standard hourly rate.
  7. 11.7Within 7 working days from date of payment of the 50% deposit, Lucidity Creatives (Pty) Ltd will provide the client with the first drafts of the design concept.
12.0 Development phase
  1. 12.1Once a development site and link has been created for the client to view the progress of the site’s development, the 50% deposit becomes non-refundable.
  2. 12.2Final launch of the complete project will occur;
    1. 12.2.1Once the development phase has been formally signed off by the client, and;
    2. 12.2.2Once final payment has been made.
  3. 12.3Lucidity Creatives (Pty) Ltd reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.
13.0 Bug fixes
  1. 13.1Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, Lucidity Creatives (Pty) Ltd reserves the right to charge additionally for bug fixes.
  2. 13.2Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.
14.0 Final launch
  1. 14.1Launch of the final website will occur after Lucidity Creatives (Pty) Ltd has received the final proof of payment. Launch will occur within normal office hours, being 8am to 5pm, Mondays to Fridays.
  2. 14.2If the final proof of payment is received before 12am on any given working day, launch will occur that same day. If the proof of payment is received after 12am, launch will occur the following working day.
  3. 14.3Should Lucidity Creatives (Pty) Ltd be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.
15.0 Privacy policy
  1. 15.1Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
16.0 Information we collect
  1. 16.1This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are: Name, Address, Email address, Phone number etc.
17.0 The way we use information
  1. 17.1We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.
  2. 17.2Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)
  3. 17.3We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.
  4. 17.4You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.
  5. 17.5We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.
  6. 17.6This site contains links to other sites. Lucidity Creatives (Pty) Ltd is not responsible for the privacy practices or the content of such websites.
  7. 17.7Information provided via a form on the Lucidity Creatives (Pty) Ltd web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.
18.0 Affiliated sites, linked sites and advertisements
  1. 18.1Lucidity Creatives (Pty) Ltd expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a Lucidity Creatives (Pty) Ltd page, certain content that is actually created or hosted by a third party. Also, through Lucidity Creatives (Pty) Ltd you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. Lucidity Creatives (Pty) Ltd is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
  2. 18.2While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. Lucidity Creatives (Pty) Ltd does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.
  3. 18.3You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Lucidity Creatives (Pty) Ltd and this policy.
19.0 Children
  1. 19.1Lucidity Creatives (Pty) Ltd does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Lucidity Creatives (Pty) Ltd has any information from or about anyone under 13, please contact us at the address listed below.
20.0 Changes to this policy
  1. 20.1Lucidity Creatives (Pty) Ltd reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Get in Touch

Please feel free to contact me if you have any enquiries or would like any assistance on your design or advertising needs and I’ll be more than happy to give you an obligation free quote.


Please select & fill in as much or as little information as you see fit.

Pin It on Pinterest

Share This

Share this with your friends!