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Service Terms and Conditions

The Brand Gypsy

Services Terms and Conditions

The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by The Brand Gypsy Pty (Ltd) for and on behalf of any Client(s) who have duly accepted The Brand Gypsy’s quotation(s) for any such products and/or services, and therefore authorised The Brand Gypsy to render the aforementioned products and deliver said services.

Terms and Conditions:

  1. Project Specifications.

1.1. The Client must supply the Project / Design Specifications to The Brand Gypsy in order for The Brand Gypsy to issue an accurate and binding quotation and invoice.

Please see invoice for exact services to be rendered.
1.2. If the Client requires further assistance with creating Project / Design Specifications, The Brand Gypsy is willing to assist the Client.
1.3. Any Additional Work other than the initial requirements specified and quoted, must be supplied as additional Project Specifications and will be quoted separately.

 

Additional work includes and not limited too;

  1. Uploading of blog or product content exceeding the package stipulations.
  2. Updating of plugins and software after the website has been handed over.
  3. Arranging and managing 3rd party services such as courier companies, payment portals or newsletter applications such as Mailchimp.
  4. Any service required that is not specified and agreed upon in the quotation and final invoice.

 

  1. Quotation.

2.1. Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation. Thereafter, The Brand Gypsy has a right to reassess and quote accordingly.

  1. Acknowledgement.

3.1. Upon a Client accepting The Brand Gypsy Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.

 

  1. Agreement.

4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total invoice South African Rand (ZAR) value as a deposit to The Brand Gypsy stipulated bank and account details as provided.
4.2. Products and/or services as described in the Invoice will only commence, once the Client’s deposit has been confirmed as received by The Brand Gypsy.

4.3 The Brand Gypsy commits to work expeditiously to complete the invoiced products and/or services within a suitable and pre-discussed time frame.
4.4. In order to deliver these products and/or services within the projected time frames, the Client’s cooperation is paramount.
4.5. The Brand Gypsy cannot be held responsible for delays outside of its control, including but not limited to equipment failure, Third Party Hosting Services, internet connections, and client delays.
4.6. The Brand Gypsy endeavours to make websites that perform well in current major browsers, but cannot guarantee backward compatibility (i.e., functionality on older devices and software).

 

  1. Deposit.

5.1. Deposit(s) are non-refundable and non-negotiable.
5.2. Should the Client pay more than the required 50% Deposit, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party.
5.3. Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms and Conditions.

 

  1. Required Documentation.

6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
6.2. The Client is to provide all Required Documentation electronically to The Brand Gypsy, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on the aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s invoiced and accepted products and/or services will only be queued and allocated accordingly.
6.4. If the Client does not supply The Brand Gypsy with the Required Documentation within 30 (thirty) calendar days from the Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the

Agreement with The Brand Gypsy.

  1. Copyrights.

7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. The Brand Gypsy, employees, independent contractors, affiliates, agents, agencies, or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any copyright disputes.
7.3 If and when The Brand Gypsy is informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. The Brand Gypsy does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.

 

  1. Written Content and Fonts.

8.1. Unless otherwise specified in the Quotation and Invoice, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
8.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by The Brand Gypsy to design the layout thereof.
8.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.

  1. Graphic Images.

9.1. Unless otherwise specified in the Quotation and Invoice, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
9.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
9.3. If a client requires The Brand Gypsy to source any suitable graphics. An additional fee will be quoted and added to the invoice.

 

  1. Photographs.

10.1. Photographs supplied by the Client must be of high digital quality and applicable format.

10.2. The Brand Gypsy does not undertake any image retouching or photoshopping. All photographs will only be sized accordingly to fit the website design.

  1. Specified Colours.

11.1. Colours specified by the Client must be supplied as Pantone and CMYK values.

  1. Printing.

12.1. The Brand Gypsy does not offer any printing products and/or services, therefore The Brand Gypsy takes no responsibility for print or Printing errors.
12.2. Completed graphic design, logo, or any artwork by The Brand Gypsy will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
12.3. Screen colours and digital proofs can vary depending on the printing company used. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.

 

  1. Website Hosting.

13.1. Hosting via The Brand Gypsy

13.1.1. Hosting via The Brand Gypsy allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account, and must be paid within 7 (seven) calendar days after the Invoice date thereof.
13.1.2. Monthly Hosting & Yearly Domain Fees must be paid within 7 (seven) working days once the invoice has been issued.
13.1.3. Hosting fees are payable from the date of domain registration or transfer to The Brand Gypsy.
13.1.4. Payments not received within 7 (seven) days from the date of invoice issue, will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
13.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
13.1.6. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design, and/or development work associated with the domain is recoverable by reactivation hereafter.
13.1.7. The Brand Gypsy reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
13.1.8. Hosting cancellations are only accepted in writing or e-mailed to domains@thebrandgypsy.com, on or before the 1st of the new month as it carries a calendar month notice period.
13.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with The Brand Gypsy, thus enabling release to transfer to a Third Party Hosting Service Provider.

 

13.2. Hosting via a Third Party Service Provider.

13.2.1. The Client must provide The Brand Gypsy with their cPanel, FTP, and database details to upload onto The Brand Gypsy software.
13.2.2. If the Client uses a Third Party Service Provider on The Brand Gypsy recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
13.2.3. The Brand Gypsy will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals, or e-mail when not hosted with The Brand Gypsy.
13.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
13.2.5. The Brand Gypsy will however assist the Client upon request with Third-Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of The Brand Gypsy.

 

 

 

 

  1. Search Engine Optimization (SEO).

14.1. The Brand Gypsy cannot guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure, and basic content recommendations. The Brand Gypsy can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.

 

  1. E-Commerce

15.1. E-commerce and online shopping website – please refer to the services rendered contained in the invoice.
15.2. The Brand Gypsy will only load 15 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
15.3. Should the Client require The Brand Gypsy to load more than the aforementioned 15 loaded products, The Brand Gypsy SA will issue the Client a Quotation accordingly.

 

  1. Review and Changes.

16.1. On design completion of the Client’s first draft of the website design, the client will be supplied a link in order for the Client to preview and respond with amendments and/or improvements, within these 3 (three) working days, in writing by e-mail.
16.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.

 

  1. Balance of Payment.

17.1. The Client is required to settle the balance of the invoice once the final revision of the website design has been completed and submitted to the Client. Each website package comes with a 2 full website revisions.
17.2. All work remains the property of The Brand Gypsy until the full and final payment is received.

 

  1. Completion Date.

18.1. Activation of the Client’s website is conditional to both parties in agreement that all service conditions and requirements being met.
18.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
18.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
18.4. Should The Brand Gypsy not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, The Brand Gypsy takes no responsibility for website content errors hereafter.
18.5. Please note that any further adjustments or amendments after this date will be at an additional cost.

 

  1. Additional Work

19.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
19.2. All payment(s) and time-frame(s) as set out in these Terms and Conditions shall apply.
19.3. Scope creep will not be tolerated, and setting clear goals, objectives, and specifications in the initial negotiations and Project Specifications with The Brand Gypsy remain the responsibility of the Client.
19.4. The Brand Gypsy may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or The Brand Gypsy will issue the Client a Quotation accordingly.

 

 

  1. Service Agreement.

20.1. The Client may request The Brand Gypsy access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies The Brand Gypsy from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
20.2. A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
20.3. The Brand Gypsy commits to respond to any technical error, which may be the result of their Hosting services, design software, or any plausible fault, omission, or neglect on their part within this agreement(s), within 2 (two) working days.
20.4. The Brand Gypsy is not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.

 

  1. Invoices and Statements.

21.1. The Brand Gypsy is not a credit service provider and does not grant any credit facilities whatsoever.
21.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of The Brand Gypsy being a month-to-month service provider.
21.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon The Brand Gypsy having confirmed receipt of said funds.

  1. Consultations.

22.1. Telephonic, Online Video Call, or e-mail queries will be responded to free of charge for confirmed Clients.
22.2. Additional meetings and consultations will be charged at the discretion of The Brand Gypsy, in accordance with these Terms and Conditions, quoted and agreed to.

 

  1. Legal Costs.

23.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from The Brand Gypsy legal representative(s), and the full outstanding balance becomes payable.
23.2. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.

 

  1. Cancellations.

24.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of the Invoice date.
24.2. The Brand Gypsy will only refund the Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance with the initial Agreement(s).
24.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
24.4. The Brand Gypsy reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

 

  1. Security.

25.1. The Brand Gypsy will not be held liable for any viruses, hacking, malicious content, or any Security breaches pertaining to any third-party applications or to the Client’s website.
25.2. The Brand Gypsy Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third-party application or website.

 

  1. General.

26.1. The Brand Gypsy reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies, or any other third party agreements.
26.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on The Brand Gypsy’s own website, and date of signing a product and/or service delivery Agreement(s) with The Brand Gypsy.