Confidentiality / Non-Disclosure
For purposes of clarity the following definitions have been assigned:
The “Company” shall mean Essentially, You it’s employees, owners, and representatives who are acting under the company for whatever reason
The “Client” shall mean any person or entity conducting business with the Company
The “Client’s Property” shall mean any business information, documentation, logo/s, artwork, clients of the Client, finances or financial information, where applicable, given to the Company directly from the Client. This will not pertain to any information that is freely available on social media, etc
The Company shall not at any time during, or after, the conducting of any business with the Client, divulge, communicate, or use, in any way, any of the Client’s Property for whatsoever reason unless specifically agreed to in writing by the Client.
The Company acknowledges that it may be servicing the needs of clients within the same field of business, and accordingly agrees and confirms that it shall not in any way discuss the Client’s Property with any party or person outside of the employ of the Client, or those members of the Client’s staff that the Client has specifically given permission for such discussion/s.
Upon completion of any work done for the Client, the Company will delete any and all material received from the Client, inclusive of logos, artwork, financials, documents etc, from it’s database and/or hardware unless it is ongoing work for which the Client will require such material in the future.
The Client, however, acknowledges that any and all formats for documentation, not content, drawn up by the Company, shall be retained as the Company’s property and the Company shall be free to utilise such formats at it’s own discretion, unless otherwise agreed to in writing between the Company and the Client. Such documentation format/s shall remain the property of the Company.
Terms & Conditions
For purposes of clarity the definitions as assigned in the preceding Confidentiality/Non-Disclosure clause shall also apply to these Terms and Conditions.
The Client is aware that the Company will require full, detailed and explicit written instructions of any matter, duty or service that it requires the Company to deliver, draw or handle on it’s behalf.
Scheduling of any work must be done 1 (one) week before commencement of any duty or service that the Client may require.
The Company would be willing to take on urgent work for any client, but such duty or service will attract an additional fee based upon the amount of work, and the urgency of such duty or service.
The Client furthers acknowledges that the Company’s fees will be paid in advance for any duty and/or service in the amount as agreed to between the parties, and in the manner as agreed. Should there be, for any reason, an amount due and owing by the Client, to the Company, after completion of any duty and/or service, then such amount owing will become payable immediately upon presentation, via email, of the Company’s invoice.
The Client acknowledges that it is aware that the Company does not operate on terms for payment of any outstanding monies owed. All monies owing are due and payable immediately. The Client waives any and all rights in terms of a legal defence should it become necessary for the Company to institute legal action for the recovery of any amounts owing by the Client to the Company. The Client hereby consents to the jurisdiction of the Magistrate’s Court in the area that Company presides and physically operates it’s business.
Any timeframe agreed to between the parties will be of full force and effect except where such delay has been occasioned by something other than the parties concerned ie: loss of power due to load-shedding, etc. In such instance the Company will ensure that it has timeously communicated such delay to the Client.
Ownership of any paperwork, letter, email, form, or other document, of whatever nature, drawn by the Company on behalf of the Client, will only pass to the Client once full payment has been made of any outstanding amount owed by the Client to the Company. Until such time as full payment has been made, the Company will retain full rights of ownership together with any intellectual property that may have been used.
Should the Client be dissatisfied with any aspect of the Company’s duties and/or services or any document drawn on the Client’s behalf, then and in that instance, the Client shall notify the Company within 24 (Twenty Four) hours of such dissatisfaction, giving full, and written details. The Company will have a period of 3 (three) working days in which to make reparation.
Should the Client wish to cancel it’s agreement with the Company, then and in that instance, it shall notify the Company, in writing. Any work being undertaken, by the Company, will be stopped immediately, and a full breakdown of the costs due by the Client will be drawn and handed to the Client within 3 (three) business days. Any refunds that may be due to the Client will be payable, by the Company, after deduction of the above amounts due and owing, and thereafter refunded within 12 (twelve) working days.
The Client acknowledges that these terms will remain in full force and effect unless otherwise agreed to in writing, between the parties, and signed in full by both parties.
No leniency or indulgences by the Company shall be construed as a waiver of any of the Company’s rights.
Unless it conflicts with the context of these conditions, words signifying one gender will include the other genders, words signifying the singular will include the plural and vice versa, and words signifying natural persons will include artificial persons and vice versa.
If any part of these conditions is or becomes unenforceable, it will be severable from the rest of these conditions which will continue to be binding.
This agreement shall be interpreted and implemented in accordance with the law of the Republic of South Africa.
The Client acknowledges that it has read and understands these terms and conditions, and that it has asked for clarity for any and all clause/s that it may not have understood, and confirms that the Company has not contravened any and all Clauses as laid down in the National Consumer Protection Act, 2011, or any amendment thereof.