Terms and conditions

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Terms and Conditions

Effective Date: December 2024
Company Name: Krakenframe Media
Website URL: www.krakenframe.co.za

1. Introduction

Welcome to Krakenframe Media (“Company,” “we,” “our,” or “us”). These Terms and Conditions govern your use of our website and services, including graphic design, photography, videography, web design, and website development. By accessing or using our website and services, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms, please refrain from using our services or accessing our website.

2. Definitions

  • Client: Refers to any individual, business, or entity that engages Krakenframe Media for services.
  • Services: Refers to graphic design, photography, videography, web design, and website development services provided by Krakenframe Media.
  • Website: Refers to Krakenframe Media’s website and any related platforms.

3. Services Provided

Krakenframe Media offers a range of creative and digital services, including but not limited to:

  • Graphic Design
  • Photography and Videography
  • Web Design and Development
  • Content Creation
  • Digital Consulting

Each project and service engagement will be governed by a separate quote or agreement detailing the scope, deliverables, timelines, and fees.

4. Payment Terms

4.1 Quotations and Pricing:

  • All quotes are valid for 14 days from the date of issuance.
  • Pricing will be provided in South African Rands (ZAR) and excludes VAT unless stated otherwise.

4.2 Payment Schedule:

  • A 50% non-refundable deposit is required to secure your booking, and the remaining 50% is due no later than 5 days prior to the scheduled shoot or project start.
  • The remaining balance for any other services is due upon project completion and delivery or as specified in the agreed payment schedule.

4.3 Late Payments:

  • Payments not received within 7 days of the invoice date will incur a late payment fee of 2% per month.
  • Krakenframe Media reserves the right to pause or terminate ongoing projects and services for non-payment.

5. Retainer Packages

  • Retainer packages are contract-based. A separate agreement outlining the scope, deliverables, and terms will govern retainer arrangements.
  • Retainer clients will have priority scheduling and guaranteed availability, subject to the terms of their contract.

6. Photography Package Terms

  • Photography packages are non-exchangeable for packages of lesser value than the originally booked package. Kindly ensure your selection aligns with your preferences and requirements prior to booking, as changes cannot be made after confirmation.
  • Any additional services requested after booking may incur extra charges and are subject to availability.

7. Client Responsibilities

7.1 The Client must provide all necessary content, assets, and materials (e.g., branding guidelines, images, videos, login credentials) required for the project within the agreed timeframe.

7.2 The Client is responsible for ensuring that any materials provided do not infringe on third-party intellectual property rights.

7.3 Delays caused by the Client, including late submission of materials or approval, may result in revised timelines and additional charges.

8. Project Revisions and Approval

8.1 Each project includes a specified number of revisions (e.g., 2 rounds). Any additional revisions beyond this scope will incur an extra fee.

8.2 Upon final approval of the project deliverables, further changes will be treated as a new service request and billed accordingly.

9. Intellectual Property

9.1 Upon full payment, the Client will receive ownership rights to the final deliverables.

9.2 Krakenframe Media retains ownership of any original creative works, concepts, and drafts developed during the project that were not included in the final deliverables.

9.3 Krakenframe Media reserves the right to use completed work for promotional purposes, including but not limited to portfolios, case studies, and social media.

9.4 Third-party materials such as stock images, licensed fonts, or plugins remain the property of their respective owners and are subject to separate licensing terms.

10. Website Hosting and Maintenance

10.1 If hosting or maintenance services are provided, fees will be billed monthly or annually. Late payments may result in suspension of hosting services.

10.2 Krakenframe Media is not responsible for downtime, security breaches, or data loss caused by third-party hosting providers.

10.3 Ongoing website maintenance will be governed under a separate maintenance agreement.

11. Cancellations and Refunds

11.1 If the Client cancels a project after payment of the deposit, the deposit is non-refundable.

11.2 If cancellation occurs after work has commenced, the Client will be invoiced for the work completed up to the point of cancellation.

11.3 Krakenframe Media reserves the right to terminate any agreement if the Client breaches these Terms.

12. Limitation of Liability

12.1 Krakenframe Media will not be held liable for any direct, indirect, or consequential damages arising from:

  • The use of our services or deliverables.
  • Website downtime or loss of data.
  • Delays caused by third-party providers or the Client.

12.2 Our total liability shall not exceed the total fees paid for the specific project.

13. Confidentiality and Data Protection

13.1 Krakenframe Media will treat all Client information as confidential and will not disclose it to third parties without prior consent, except where required by law.

13.2 Krakenframe Media will comply with the Protection of Personal Information Act (POPIA) when handling personal or sensitive data.

13.3 The Client agrees to ensure that all materials or data shared with Krakenframe Media comply with applicable South African data protection laws.

14. Dispute Resolution

14.1 Any disputes arising under or in connection with these Terms will first be resolved through amicable negotiation.

14.2 If unresolved, the dispute will be submitted to arbitration or resolved in accordance with the laws of the Republic of South Africa.

15. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa, including but not limited to:

  • Consumer Protection Act, 2008
  • Protection of Personal Information Act, 2013 (POPIA)
  • Electronic Communications and Transactions Act, 2002 (ECTA)
  • Copyright Act, 1978

16. Amendments

Krakenframe Media reserves the right to amend these Terms and Conditions at any time. Updates will be published on our website and take immediate effect. Continued use of our services constitutes acceptance of the updated Terms.

17. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us:

Krakenframe Media
Email: info@krakenframe.co.za
Website: www.krakenframe.co.za