COMPLETE TERMS & AGREEMENT: Quotations and Sales by GBCreative Business Solutions (“GBCreative”), are governed by these Terms and Conditions of Quotations and Sales (“Terms and Conditions”). This is an offer condition on GBCreative’s customers’ (“the Customer”) acceptance of all of these Terms and Conditions. This is the final and complete expression of all Terms and Conditions of the agreement. Any representations, promises, warranties or statements that are not contained here are void. At the discretion of GBCreative, these Terms and Conditions can be modified, waived, amended or additional terms and conditions may be implemented, only be written instrument signed by officers of both GBCreative and the Customer. QUOTATIONS: All written quotations (“Quote”) made by GBCreative will be valid for a period of fourteen (14) days without exception from the time the Quote has been generated by GBCreative. GBCreative will make every reasonable effort for timely delivery of the Quote to the Customer, however GBCreative does not assume responsibility for delays in receipt of quotations to the Customer unless otherwise stated hereunder in these Terms and Conditions. GBCreative, under any circumstance, will not honour or provide verbal quotations. Should there be a need for external assistance or the need for specialised developers, that has not been quoted in the Quote, those charges will be quoted accordingly once they have been approved by the Customer. All additional charges like travelling time, additional hours or overtime will be charged for accordingly. Time will be added to the hours worked for briefing and traveling time. Overtime will be assigned to the job after 8 hours of work on a job in a day. Any increase in material costs shall be added to the final invoice as agreed upon in the Terms and Conditions hereof. ORDERS AND CONFIRMATIONS: Orders will be initiated by the Customer issuing a purchase order (“Order”) to GBCreative. Orders will be identify services by GBCreative (“Service”), descriptions, applicable prices and requested delivery dates. Orders can be submitted via email only, along with a copy of the signed quotation and these Terms and Conditions. Should the Customer delay the supply of information necessary for completion of the work, for any reason, as accepted in the final quotation, for a period exceeding 45 days, the Customer will still be invoiced in full for all work completed to that date. DEPOSITS: GBCreative charges a non-refundable 50% deposit for all orders against the final quotations, prior to the commencement of any work. The balance shall be payable to GBCreative upon the completion of the job at hand. In the payment of the deposit you hereby agree to the Terms and Conditions of GBCreative as stated in this agreement. TERMS OF PAYMENT: Terms of payment is strictly COD (Cash On Delivery) on the completion and approval of work, payable directly via electronic transfer, into the bank account as provided on the invoice. No credit terms are available. No work will be handed over until payment has been received in full. LATE OR NON PAYMENT: If the Customer fails to pay any sum owed hereunder when due, interest shall accrue to the sum of 2% above prime overdraft rate charged by the South Africa Banks. Should GBCreative, in its sole discretion, find it necessary to employ an attorney to collect any past due sum owed, it may collect, in addition to any other sum owed, all applicable attorney’s fees and costs. CANCELLATION: The non-refundable 50% deposit will not be refunded should the Customer decides to cancel any work, after it has been paid. If the Customer decides to cancel after all work has been completed they will still be held liable for the balance which is still payable. NO DEDUCTION: The Customer shall not be entitled to deduct from the amount invoiced to it by GBCreative, the amount of any claim asserted by the Customer against GBCreative, unless such claim has been allowed in writing, by GBCreative. The provisions of the preceding sentence are of the essence of this agreement. OWNERSHIP: All work shall remain the property of GBCreative, without exceptions, until full and final payment has been received. LIABILITIES: GBCreative nor any of its employees or servants shall be liable for any loss or damage to the Customer or any of its clients whether direct or consequential and howsoever caused arising out of this Agreement. GBCreative shall not be obliged from performing any of its obligations under these Terms and Conditions for so long as, and to the extent that it is prevented or hindered from doing so by any cause beyond its reasonable control, and shall include but not limited to any acts of God, civil disobedience, natural disasters, fire, riots, labour disputes, breakdown of any machinery and/or computers. GBCreative shall advise the Customer in writing of any such disturbance. DATA ERRORS AND OMISSIONS: GBCreative makes every effort to ensure the accuracy of the information published on it’s website. The documents and graphics published may contain typographical errors. GBCreative makes no representations about the information and graphics presented. All such documents and graphics are provided “as-is” without warranty of any kind. PRINTING OF JOBS: All printing costs include one printout prior to going to print to check colour, layout and text. A print ready file will be handed to a printer of the Customers’ choice and upon sign off of the final printout of the job, GBCreative cannot be held responsible for any errors thereafter. CONFIDENTIAL INFORMATION: GBCreative and the Customer agree to hold confidential or proprietary information or trade secrets (“Confidential Information”) in trust and confidence without restriction and mutually agree that Confidential Information shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party unless GBCreative or the Customer can document said Confidential Information
GBCreative Business Solutions Terms and Conditions
Confidential Information may be furnished in any tangible or intangible form including, but not limited to, writings, drawings, presentations, computer tapes and other electronic media, samples, demonstrations, video and verbal communications. This provision shall survive the expiration, termination or cancellation of this Agreement. DELIVERY & COLLECTION: Delivery & Collection shall be for the Customers’ account and will be invoiced accordingly. Claims for loss or damage in transit must be made with the carrier by the Customer. TAXES: Prices are exclusive of V.A.T. as GBCreative is a non VAT Vendor.
- is in the public domain through no fault of either GBCreative or the Customer
- was properly known to receiving party, without restriction, prior to disclosure by disclosing party
- was properly disclosed to receiving party by another person or entity
- has been subpoenaed or officially requested by a court of law or other duly authorised agent of the court.