Shepherds & Kings Marketing Communications

Trust Agreements

The following terms have been tailored to protect both The Client and Design Company during a working relationship, built on trust.

Note, that our Trust Agreements are subject to change. Always make sure you have read the latest Terms & Conditions as stated below before paying your deposit for a project. When referring to Terms & Conditions, we are referring to our Trust Agreement Documents.

*If you pay your deposit, you agree to these Terms & Conditions, stated in our Trust Agreement.

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to the below Terms and Conditions. (As also stated on all quotations and invoices)

Graphic and Website Design Terms and Conditions

Graphic Design Terms & Conditions

RIGHTS AND OWNERSHIP:

The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of Shepherds & Kings Communications, until fully paid for. No artwork will be supplied without full payment. Proof of payment will only be accepted as soon as funds show and are cleared by banking institution.

The Client is responsible to register designs for copyright, trade mark or Intellectual Property at their own cost if they should feel that they want to trademark or copyright a logo, brand or content. For more info about South African Trademarking or Copywriting please read more here: https://www.gov.za/services/intellectual-property/register-trademark or https://www.wipo.int/portal/en/

No graphic design, elements thereof, logo, business cards, publication material, marketing material, website design, content or intellectual property will automatically be copyrighted or trademarked. Note: Please make sure to get a few quotes from different intellectual property lawyers before you proceed as the pricing for copywriting and trade marking is very expensive.

If you’re a part of your brand, design, logo or intellectual property has already been trademarked or copyrighted by another person or institution you as the clients is responsible for the fees to amend the artwork. There is no way Shepherds & Kings Communications or its staff can be held responsible for name or brand that has been copyrighted by someone else. It is the clients responsibility to ensure the name, brand or elements they want to use has no copyright infringement.

By paying your deposit for the project to design a brand or graphic design element you agree that you understand the content of this document and are not infringing on someone else’s concept, copyright, intellectual property or trademark.

CLIENT FEEDBACK:

The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations. The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Shepherds & Kings Communications.

The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds. The Client will then approve/signoff on the final design strategy.

THIRD PARTY CONTRACTS:

Shepherds & Kings Communications are not responsible for contracting other creative professionals to provide services that are not offered by the studio.

No project will commence on the assumption that third parties might be required for project completion. Such details will be finalised prior to project commencement, unless requested by The Client at a later date.

References for such services can be supplied by Shepherds & Kings Communications built on previous trust and successful projects with suppliers.

Third Parties to consider:

• Photographers
• Videographers
• Copy Writers
• Printers

Shepherds & Kings Communications cannot be held responsible for any loss or damages occurring after the final sent-through of artwork to supplier! Please check final artwork and require proof prints through suppliers before commencing with projects.

PAYMENTS:

Because a lot of time, effort and dedication goes into providing The Client with the perfect website, The Client is required to pay a 60% deposit prior to work commencing. The project will only be scheduled and uploaded to the workflow system once the down payment is received by Shepherds & Kings Communications, from where the team of designers will be briefed to commence with the website.

Please note this is a strict Company policy but adhere to this to avoid any unpleasantness.

DEPOSITS:

When a deposit or full amount is paid, we kindly request our clients to complete their projects within 12 months.

To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion –

otherwise an additional fee will be charged after 1 year. If a project is put on hold by a client, the same is applicable after 12 months.

DELAYED PAYMENT:

If, after the project has commenced, proofs has been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5 % figure will be added upon each recurring 30 day period until the full amount has been received by Shepherds & Kings Communications.

REVISIONS:

All projects includes Revision Rounds (specific amounts) as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. Shepherds & Kings Communications cannot and will never limit The Client to change their minds.

Though the price at the beginning of the contract is based on the length of time that Shepherds & Kings Communications estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented.

The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

ADDITIONS AND ALTERATIONS:

New work requested by The Client and performed by Shepherds & Kings Communications after ATP (agreement to proceed), is considered an addition or alteration (extra revision round).
If the job changes to an extent that substantially alters the specifications described in the original estimate, Shepherds & Kings Communications will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

FILE FORMATS:

Fully paid-for designs will be supplied to The Client in: OPEN FILE FORMAT (PSD OR AI), PRINT READY JPEG & PDF. Open files supplied for printing purposes only. No editing by The Client will be possible unless Adobe Photoshop and/or Illustrator is used.

BACKUP:

Shepherds & Kings Communications is not responsible for the Backup of any Final Designs once supplied to The Client as stated above. After final sign-off & delivery, backup arrangements can be quoted separately if requested by The Client.

ERRORS & OMISSIONS:

Shepherds & Kings Communications is not responsible for proofreading any designs. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations.
Shepherds & Kings Communications is not liable for errors or omissions. The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required on all artwork prior to release for printing, digital publication, or other implementation.

DEADLINES:

A Note on Deadlines: Shepherds & Kings Communications relies on The Client to keep the project flow going with approvals and sign-offs, as well as providing content for your website in a timely manner—typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones back accordingly, but note that payment milestones will remain as scheduled. By signing this document, or paying your deposit, you acknowledge your responsibilities in keeping the project on-schedule. By the same token, in the unlikely event we miss one of our deadlines, the payment milestones will be adjusted accordingly.

If The Client fails to deliver necessary content, resources, or feedback by the time Shepherds & Kings Communications deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of The Studios’ resources and work on the project will be delayed or may cease.

CANCELLATION:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100 % of the total project cost. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be canceled by Shepherds & Kings Communications. Thereupon, Shepherds & Kings Communications can choose to cease further work on the project. Full amount paid for project will be allocated as a cancellation fee.

PROMOTION:

Shepherds & Kings Communications has the right to use the digital format of all completed designs for publication or other promotional purposes and for these purposes only.

USE OF DESIGN ELEMENTS:

Shepherds & Kings Communications legally assumes clients has proof read and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to Shepherds & Kings Communications for design purposes. If Shepherds & Kings Communications needs to source images from the internet or stock image websites (free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the Shepherds & Kings Communications Design Team will use placeholder images to illustrate the design. If the clients approve the art work and paid 40% deposit to finalize the project, Shepherds & Kings Communications will assume the client has checked these images legally for use based on Country & Commercial Laws containing to the project. Shepherds & Kings Communications legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content. Shepherds & Kings Communications therefore cannot take responsibility or liability of mages, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that may arise for using photos, images or text copy wrongly. Shepherds & Kings Communications cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs of the project by paying 40% deposit or fully paying for project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock phots, text and copy text can or may be printed, published or posted into the web or internet. Any design material or art work printed, posted to web or any digital and electronic media is the responsibility and legal liability of the client. Hereby Shepherds & Kings Communications indemnifies itself from any legal repercussions of the latter.

COMMUNICATION:

Shepherds & Kings Communications can be reached by telephone or email from Monday to Thursday between 8:30am and 5pm, or Fridays between 8:30 am to 15:50pm. Shepherds & Kings Communications is closed for business on Saturdays and Sundays. All appointments must be scheduled on as agreed by both parties. A 1-on-1 sit-in meeting with designers will be billed at an hourly rate of R750/hour. All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

CONFIDENTIALITY:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential.

AND LASTLY THIS...: In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Studio you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined.

In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.
In order to accomplish those goals we require your participation and cooperation – even if you don’t fully understand some of the elements or designer terms (which we’ll work hard to make clear). In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

*By paying the deposit, The Client agrees to Shepherds & Kings Communications Terms and Conditions as stipulated in this document, unless otherwise arranged.

**Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to above Terms and Conditions. (As stated on all quotations and invoices)

WEBSITE TERMS & CONDITIONS

PROCESS DESCRIPTION:

It is in our ability to complete the website within 30 working days as long as The Client supplies us with all the relevant information within 7 working days after the deposit payment, unless otherwise arranged. A mutually agreed upon date should be established, in advance, on which the website will go live.
– As soon as Shepherds & Kings Communications has received the 60% deposit, the Studio will open The Client’s task on Shepherds & Kings Communications Workflow System.

– A Branding Questionnaire should be completed and a short brief/strat meeting is required before commencing with the project.

– Shepherds & Kings Communications as a team will start brainstorming with regard to the concept and layout of the project, according to the Branding Questionnaire received from The Client.

The design process will then start, with regards to the layout, the look & feel and the styling.
During this period of time The Client should start compiling all relevant information (in word format) and high-res photos/images which must be supplied to Shepherds & Kings Communications. – 7 days after deposit and Branding Questionnaire has been received by Shepherds & Kings Communications, the website layout visuals (in jpeg. digital format), will be presented to The Client (nothing live as yet), to give The Client an idea of the look and feel of the website template.
If two design strategies are presented, each will represent different design directions/ideas, but each will be consistent with the overall objectives of the project as outlined in the strategy brief and Branding Questionnaire.
– The Client should be prepared to offer some initial feedback as to how closely the suggested designs meet with their general needs and expectations.

The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion points for revision (if necessary) to Shepherds & Kings Communications. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds.

The Client will then approve/signoff on the final design strategy. – As soon as the final look is approved and signed off, Shepherds & Kings Communications will start building the website live.

Because changes to the template and look after final sign-off requires extra time and money, Shepherds & Kings Communications is requesting The Client to be 100% satisfied, prior to building the website template live.
– As soon as Shepherds & Kings Communications completed the uploading and styling of all info (as supplied), The Studio will send The Client a temporary link to view their site online.
– Client’s feedback and final approval is required prior to website going live. – Receiving The Clients’ final payment of the outstanding 40% will ensure the task to be completed.

Shepherds & Kings Communications will then finalise the basic SEO in order for the website to go live and Google to index and rank the website.
– The Online Marketing (SEO & SEM) can only happen after the website has been indexed by Google. For a personalised online marketing strategy we will refer you to a service provider you can use. They will be able to quote for a Marketing Strategy Plan accordingly, if requested by The Client.

LAYOUT DEVELOPMENT:

CMS systems used to build websites are Squarespace. Some of the components used, are bought Modules or Plugins from Squarespace Component & Plugin Developers, which have been pre-designed for this specific system's purposes, thus certain restrictions in programming and layout may be applicable.

USE OF WEB DESIGN ELEMENTS:

Shepherds & Kings Communications legally assume clients have proof read and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to Shepherds & Kings Communications for design purposes. If Shepherds & Kings Communications needs to source images from the internet or stock image websites (free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage laws. If no images are supplied by the client, the Shepherds & Kings Communications Design Team will use placeholder images to illustrate the design. If the clients approve the art work and paid 40% deposit to finalise the project, Shepherds & Kings Communications will assume the client has checked these images legally for use based on Country & Commercial Laws containing to the project. Shepherds & Kings Communications legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarised the content. Shepherds & Kings Communications therefore cannot take responsibility or liability of mages, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that may arise for using photos, images or text copy wrongly. Shepherds & Kings Communications cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs of the project by paying 40% deposit or fully paying for project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock phots, text and copy text can or may be printed, published or posted into the web or internet. Any design material or art work printed, posted to web or any digital and electronic media is the responsibility and legal liability of the client. Hereby Shepherds & Kings Communications indemnifies itself from any legal repercussions of the latter.

BACKUP:

The completed website, including SQL database, will be backed up as soon as the website is ready to go live. This backup will be supplied to The Client. No monthly backup will be made by Shepherds & Kings Communications, unless requested by The Client and a fee of R120 per month will be applicable.

ONLINE MARKETING SERVICES (SEO & SEM):

– Only BASIC SEO (Search Engine Optimization) is included in the standard website packages. Basic SEO does not include 1st page rankings with Google or any other search engines.

In order to reach 1st page rankings with Google an ADVANCED SEO strategy should be agreed upon which includes SEO & SEM services on a monthly contract and will be quoted for separately. – SEO results may vary and could take 4-6 weeks for the website to be indexed by Google, after the website has been completed.

– Basic SEO includes:
• Sitemap uploaded to Google.
• Website Indexed with Google
• Basic Keywords built into pages
• Website description built into header

• Search Engine Friendly (SEF) URL’s used

– A Google Analytics account in The Clients name will be created to measure website’s performance and statistics. Only reading rights to this account will be supplied to client. Full admin rights to this account will be retained by Shepherds & Kings Communications, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

– A Google Webmaster account in The Clients name will be created to liaise with Google, concerning website performance, indexing, errors, malware, etc. Full admin rights to this account will be retained by Shepherds & Kings Communications, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

PAYMENTS:

Because a lot of time, effort and dedication goes into providing The Client with the perfect website, The Client is required to pay a 60% deposit prior to work commencing.

The project will only be scheduled and uploaded to the workflow system once the down payment is received by Shepherds & Kings Communications, from where the team of designers will be briefed to commence with the website.

The down payment is non-refundable. The remaining 40% is payable to Shepherds & Kings Communications upon completion of the project, before the original artwork and open file format will be supplied to The Client. Please note this is a strict Company policy but adhere to this to avoid any unpleasantness. No monies or deposits for projects will be paid back to client at any time during or after the project.

DEPOSITS:

When a deposit or full amount is paid, we kindly request our clients to complete their projects within 12 months.

To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion – otherwise an additional fee will be charged after 1 year. If a project is put on hold by a client, the same is applicable after 12 months.

DELAYED PAYMENT:

If, after the project has commenced, proofs has been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30 day period until the full amount has been received by Shepherds & Kings Communications.

ERRORS AND OMISSIONS:

Shepherds & Kings Communications is not responsible for proofreading any website content. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. Shepherds & Kings Communications is not liable for errors or omissions, The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required.

– Shepherds & Kings Communications does not take any responsibility for loss of any information on your website.

– Shepherds & Kings Communications does not take any responsibility for any legal issues that may arise with regards to the content of your website. It’s The Client’s responsibility to ensure there are no copyright infringements.

– Shepherds & Kings Communications does not take any responsibility if your website security is compromised by either a hacker or malicious code. Websites hosted by us are hosted on a secure server with antivirus protection. WordPress & Joomla has basic built-in security and website back ends are protected with an Admin username and password.

REVISIONS:

The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

ADDITIONS AND ALTERATIONS:

New work requested by The Client and performed by Shepherds & Kings Communications after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, Shepherds & Kings Communications will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

DEADLINES:

A Note on Deadlines: Shepherds & Kings Communications relies on The Client to keep the project flow going with your approvals and sign-offs, as well as getting us content for your website in a timely manner— typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones forward accordingly, but note that payment milestones will remain as scheduled.

By signing this document, or paying you deposit, you acknowledge your responsibilities in keeping the project on-schedule. By the same token, in the unlikely event we miss one of our deadlines, the payment milestones will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in the reallocation of The Studios’ resources and work on the project will be delayed or may cease.

CUSTOMER SERVICE:

In the result of the client not being satisfied (due to brief being misunderstood, process issues or reasonable expectancy not being met), the client needs to call a meeting with the assigned project planner from Shepherds & Kings Communications, and mediate a favorable solution for both parties.

CANCELLATION:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by Shepherds & Kings Communications. Full amount paid for project will be allocated as a cancellation fee. Thereupon, Shepherds & Kings Communications can choose to cease further work on the project.

RIGHT TO DENY SERVICE:

Shepherds & Kings Communications and its staff does not discriminate against religion, sexual orientation, ethnicity, race, nationality, political views or colour but we fully and solely reserve the right to deny graphic design, web design and hosting services to the following:

Examples of unacceptable content or links like; pirated software, hacker programs or archives, Warez sites, IRC Bots, illegal MP3s, religious art, toys or figurines, reading material or images that is obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r”, “g” or “pg”, materials that are politically or religously sided or an opinion of a certain politic, ethnic, religious, cult and occult. Any content that is likely to be obsetting, insulting or objectional to some or most.

Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.

Shepherds & Kings Communications servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s”, religious art, toys or figurines, reading material or images that is obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r”, “g” or “pg”, materials that are politically or religously sided or an opinion of a certain politic, ethnic, religious, cult and occult. Any content that is likely to be obsetting, insulting or objectional to some or most people.

Due to the nature of a shared web hosting environment, Shepherds & Kings Communications reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.

The Shepherds & Kings Communications shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.

Shepherds & Kings Communications prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.

The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.

Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and Shepherds & Kings Communications fully and solely reserves its rights in this regard.

COMMUNICATION:

Shepherds & Kings Communications can be reached by telephone or email from Monday to Friday between 8:30am and 5pm or by a schedule appointment agreed upon. A 1-on-1 sit-in meeting with designers will be billed at an hourly rate of R750/hour. All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

CONFIDENTIALITY:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential. AND LASTLY THIS... In order for us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Studio you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined.

HOSTING SERVICES:

– Shepherds & Kings Communications is not responsible for the website hosting or any other services related to the hosted server. Shepherds & Kings Communications prefers to host websites with Domains.co.za. or .com

The Hosting Company where the domain is registered, must be contacted for any hosting related problems. Shepherds & Kings Communications cannot be held responsible for any hosting related speed-or-downtime issues.
– Should The Client require assistance with Domain registration or transfers, Shepherds & Kings Communications should be informed in advance. Domain transfer/new domain registration forms will then be supplied on request. Domain names transferred to Shepherds & Kings Communications will be registered in Shepherds & Kings Communications director/s names. Hereby Shepherds & Kings Communications states that we are not and can not be help liable for any criminal act done by using the domain name to act out criminal behavior.

Shepherds & Kings Communications reserves the rights to bill The Client for any Domain Administration tasks. – Monthly domain hosting fees are directly payable to Hosting Company of choice.

POPIA COMPLIANCY:

– Shepherds & Kings Communications is not responsible for your website’s Popia (Popi Act) Compliancy to be in place or maintained. Shepherds & Kings Communications will inform all clients of the option to implement POPIA Compliancy Strategy on their websites at an agreed fee. We do not certify the Compliancy but implement what the Government is stating about POPIA and the use of Information on your websites. Shepherds & Kings Communications will notify clients about new Popia regulations or changes and offer to update their current privacy and cookie policy at an agreed fee.
– It is the client’s responsibility to ensure the Cookie & Privacy Policies on their website are relevant to their business. It is also the client’s responsibility to ensure the Popup is functioning. Clients who want to add legal documents in other menus on their website, need to request this from Shepherds & Kings Communications or implement the links themselves. We only add the link to the Policy in the Privacy & Cookie Pop-up as a standard practice.

– Shepherds & Kings Communications is not enforcing the Privacy to Information Act or forcing clients to comply. We are making the option available for clients.
– Shepherds & Kings Communications cannot be held responsible for any POPIA or PAYA related enquiries or issues that may arise due to it. It is the clients responsibility to ensure that they adhere to Government Policy about the handling of information and to educate themselves about the Information Act.
– Should The Client want to know more about the Information Act (POPIA or PAYA), they can read more about it at: https://inforegulator.org.za/ , https://popia.co.za/, https://www.gov.za/documents/promotion- access-information-act#
* Note that adding POPIA Compliant information to your website and/or implementing POPIA Compliancy features on your website does not make your company 100% Compliant as you need to implement POPIA / PAYA at your companies physical locations and assign a Information Officer who needs to be responsible to maintain your companies own compliancy as stated on the Government website and gazette.

HOSTING T’S & C’S

OUR DETAILED HOSTING AND DOMAIN REGISTRATION DISCLAIMER

By paying your 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration, hositng and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner Terms and Conditions.

Shepherds & Kings Communications, at its sole discretion, reserves the right to change or modify any of the terms, conditions and operation of this Website and Services at anytime. By using this service, the user waives any rights or claims it may have against Shepherds & Kings Communications, regarding such changes. Without limiting the foregoing, Shepherds & Kings Communications shall not be liable to you or your business for any incidental, consequential, special or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage.

Hereby, each party waives any claims that these exclusions deprive such party of an adequate remedy. You acknowledge that third party product and service providers advertise their products and services on the Shepherds & Kings Communications website. Shepherds & Kings Communications forms partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Shepherds & Kings Communications making any representation or warranty regarding any third party’s products or services, nor will Shepherds & Kings Communications be liable to you or any third party for any claims arising from or in connection with such third party products and services. Hereby, you waive and disclaim any rights and claims you may have against Shepherds & Kings Communications with respect to third party products and services, to the maximum extent allowable by law.

TERMS AND CONDITIONS

GENERAL

Shepherds & Kings Communications reserves the right to change or modify any of the terms and conditions contained in this agreement.

This is an agreement between you and Shepherds & Kings Communications regarding your use of Shepherds & Kings Communications’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).

This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.

In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

Please Read These Terms And Conditions Carefully.

ACCEPTABLE USE POLICY

By using Shepherds & Kings Communications’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

GENERAL AND ACCEPTABLE USE

You are expected to use Shepherds & Kings Communications’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

UNACCEPTABLE USE

Shepherds & Kings Communications’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.

Shepherds & Kings Communications shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.

Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and Shepherds & Kings Communications fully and solely reserves its rights in this regard.

INTERPRETATION

The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. Shepherds & Kings Communications reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

EMAIL AND DOMAIN SETTINGS

Shepherds & Kings Communications is not responsible or can be held responsible for incorrect email or domain hosting settings. It is the clients responsibility to make sure the settings are correctly or understood correctly.

Email or Hosting Settings can change without notice due to security protocols in place to protect network vulnerability.

Shepherds & Kings Communications will not pay for any IT related issues relating to clients email, hosting or website. The client is fully responsible for their own IT accounts and billing.

IT companies who support client’s IT Systems can contact Shepherds & Kings Communications at mark@shepherdskings.com for email, hosting and domain settings.

Shepherds & Kings Communications is not responsible for setting up clients email on desktops, mobile devices. All software related problems need to be taken up or consulted with a reputable registered Information Technology Support company.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:

unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;

interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and

employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

SPAMMING

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.

It is in violation of Shepherds & Kings Communications’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:

To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

To send unsolicited mass emails, if such emails provoke complaints from the recipients;

To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Shepherds & Kings Communications provided server, or using a Shepherds & Kings Communications provided server as a maildrop for responses;

To falsify user information provided to Shepherds & Kings Communications or to other users of the service in connection with use of a Shepherds & Kings Communications service.

We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

DETERMINATION OF A BREACH OF THIS POLICY

Shepherds & Kings Communications will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

CONSEQUENCES OF BREACH OF THIS POLICY

When Shepherds & Kings Communications becomes aware of an alleged violation of its AUP (Acceptable Use Policy), Shepherds & Kings Communications will initiate an investigation (within 24-48 hours). During the investigation, Shepherds & Kings Communications may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, Shepherds & Kings Communications may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, Shepherds & Kings Communications reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such a violation is a criminal offence, Shepherds & Kings Communications will notify the appropriate law enforcement department of such violation.

Shepherds & Kings Communications does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

You shall be held liable for any and all costs incurred by Shepherds & Kings Communications as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.

First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.

A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.

The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that Shepherds & Kings Communications personnel must spend to investigate any violations.

MODIFICATION

Shepherds & Kings Communications may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.

Shepherds & Kings Communications reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

REPORTING NETWORK ABUSE

Any party seeking to report any violations Shepherds & Kings Communications’s Policy may contact via email: shepherdskings@gmail.com

WEBSITE TAKEDOWNS

All queries related to website takedowns may be directed to the Internet Service Providers’ Association (ISPA), which Shepherds & Kings Communications has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:

Website: www.ispa.org.za/ Email: takedown@ispa.org.za

DISCLAIMERS AND LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.

We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from: Access delays or access interruptions;
Data non-delivery or data mis-delivery;
Acts of God;

The unauthorised use or misuse of your account identifier or password;

Errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;

The interruption of your Service.

You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Subject always to the provisions of the CPA, to the extent that it is applicable, Shepherds & Kings Communications’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Shepherds & Kings Communications expressly disclaims any representation or warranty that the Shepherds & Kings Communications services will be error-free, secure or uninterrupted.

No oral advice or written information given by Shepherds & Kings Communications its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.

Shepherds & Kings Communications will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.

The terms of this Section will survive any termination of this Agreement.

RESPONSIBILITY FOR CONTENT AND ACCOUNT HOLDER INDEMNITIES

You agree to indemnify and hold Shepherds & Kings Communications harmless from any and all Claims resulting from or connected with any activities conducted by you. You and Shepherds & Kings Communications will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.

You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Shepherds & Kings Communications reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Shepherds & Kings Communications’s then current Acceptable Use Policy, in the sole and absolute opinion of Shepherds & Kings Communications.

Shepherds & Kings Communications will not change passwords to any account without proof of identification, which is satisfactory to Shepherds & Kings Communications which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Shepherds & Kings Communications will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Shepherds & Kings Communications be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless Shepherds & Kings Communications from any and all Claims arising from such ownership disputes.

You agree to indemnify and hold Shepherds & Kings Communications and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by Shepherds & Kings Communications The terms of this Section will survive any termination of this Agreement.

You agree not to harm Shepherds & Kings Communications its reputation, computer systems, programming and/or other persons using Shepherds & Kings Communications’s services.

The terms of this Section will survive any termination of this Agreement.

VARIATION OF SERVICES

You agree that Shepherds & Kings Communications may establish certain limits concerning use of any Shepherds & Kings Communications service offered on any Shepherds & Kings Communications website including, without limitation, the maximum number of days that email messages will be retained by any Shepherds & Kings Communications service, the maximum number of email messages that may be sent from or received by an account on any Shepherds & Kings Communications service, the maximum size of an email message that may be sent from or received by an account on any Shepherds & Kings Communications service, the maximum disk space that will be allotted on Shepherds & Kings Communications’s servers on your behalf either cumulatively or for any particular service. You agree that Shepherds & Kings Communications has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Shepherds & Kings Communications service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Shepherds & Kings Communications service may change at any time.

Shepherds & Kings Communications reserves the right to select the server for your website for best performance. You understand that the services provided by Shepherds & Kings Communications are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your

are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If your

website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then Shepherds & Kings Communications has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

NON-TRANSFERABILITY OF SERVICES

Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Shepherds & Kings Communications

PASSWORDS

You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of Shepherds & Kings Communications services, including any damages resulting there from, until you notify Shepherds & Kings Communications’s customer service.

The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Shepherds & Kings Communications

ASSIGNMENT OF IP ADDRESSES

Shepherds & Kings Communications assigns you an Internet Protocol address in connection with your use of the Shepherds & Kings Communications services, the right to use that Internet Protocol address will remain with and belong only to Shepherds & Kings Communications and you will have no right to use that Internet Protocol address except as allowed by Shepherds & Kings Communications in its sole and absolute discretion.

GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and Shepherds & Kings Communications with respect to the Shepherds & Kings Communications services and supersedes all prior agreements between you and Shepherds & Kings Communications.

Shepherds & Kings Communications reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the Shepherds & Kings Communications services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.

Shepherds & Kings Communications’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

Save where otherwise provided for in this Agreement, if you:
fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or

commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;

are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily; commit any act which if committed by a natural person would constitute an act of insolvency;
become insolvent;
compromise or attempt to compromise generally with any of your creditors;

have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then Shepherds & Kings Communications shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to Shepherds & Kings Communications’s right to claim damages.

The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
You consent to the jurisdiction of the South African courts.
The Shepherds & Kings Communications services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

BILLING TERMS OF Shepherds & Kings Communications

GENERAL

Shepherds & Kings Communications will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.

Accounts are due 7 days before the date reflected on the invoice presented by Shepherds & Kings Communications Services (“Due Date”). Where Shepherds & Kings Communications Services has been authorised by you to collect funds on your behalf, Shepherds & Kings Communications Services reserves the right to do so within seven days before the due date. Shepherds & Kings Communications Services retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of its customers as and when it sees fit.

Shepherds & Kings Communications products and services are not pro-rated.

Shepherds & Kings Communications will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by Shepherds & Kings Communications This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

EFFECT OF NON-PAYMENT

In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that Shepherds & Kings Communications has in terms of this Agreement or in law, Shepherds & Kings Communications reserves the right to hold you liable for the total amount due pursuant to such invoice.

Interest of 10% per month may be charged on all overdue accounts.

Shepherds & Kings Communications may halt, suspend or completely stop the supply of old and new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.

If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately. If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.

If you neglect to pay the amount due in full, Shepherds & Kings Communications will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.

In the event of suspension due to non-payment, Shepherds & Kings Communications reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.

Please note that admin fees apply in the event that your account is suspended due to non-payments.

If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

If domain hosting or yearly registration fees are not paid for more than one month Shepherds & Kings Communications reserves the right to delete the domain completely for domain registry and remove hosting and hosting files (this includes emails, website, any other documentation) from our servers, without notice or back up of files.

It is not Shepherds & Kings Communications responsibility to save backups of emails, websites or any other files clients may of saved on their hosting space.

DOMAIN RESCUE FEES

Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.

Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.

Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

PAYMENT METHODS AND FEES

Shepherds & Kings Communications accepts the following payment methods. EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments.

A processing fee (incl. VAT) is charged on all returned debit orders.

The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

REFUNDS

Shepherds & Kings Communications will only refund a customer in the event of their account having a credit balance.

Shepherds & Kings Communications will process authorised refunds to customers every Wednesday.

CANCELLATIONS

Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.

Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

DOWNGRADES

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.” Example: Changing from a Corporate account at to a Business account would be considered a downgrade.

We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

DISPUTE RESOLUTION

General Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.

In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes. You are required to direct a general complaint to support@1-grid.com. The complaint is required to be accompanied by the following;
Your full particulars and contact details;
Your relationship with Shepherds & Kings Communications and any customer reference which may be applicable;

A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and Any relevant evidence or documentation you wish to submit in support of your complaint.
Under the ICASA Code of Conduct Regulations Shepherds & Kings Communications is required to: Acknowledge receipt of your complaint within 3 Business Days; and

Determine an outcome for the complaint and communicate this to you within 14 Business Days.

REFERRAL OF COMPLAINTS TO ICASA

If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.

ICASA can be contacted in the following ways:
Email: consumer@icasa.org.za
To find contact details of ICASA in your area, please visit: https://www.icasa.org.za/pages/contact-us

Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

BILLING DISPUTE RESOLUTION

PURPOSE OF THIS PROCEDURE

This Procedure sets out the obligations of Shepherds & Kings Communications and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.

Shepherds & Kings Communications’s Billing Dispute Handling Procedure is intended to service both the Customer and Shepherds & Kings Communications’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.

DEFINITIONS

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.

“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

GENERAL

Any charge recorded on an Invoice (the subject of a Billing Dispute) that is not submitted in accordance with this Procedure is payable in full to Shepherds & Kings Communications by the Due Date of the Invoice.

For the avoidance of doubt the parties acknowledge and agree that:

An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).

Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from Shepherds & Kings Communications as set out below).

Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to billing@1-grid.com – while Complaints are dealt with under the Shepherds & Kings Communications Complaints Handling Procedure.

Please note that Shepherds & Kings Communications will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

CUSTOMER’S OBLIGATIONS TO FIRST USE THIS PROCEDURE

As a current or prior Customer of Shepherds & Kings Communications, you agree to allow Shepherds & Kings Communications to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. Shepherds & Kings Communications requires and you agree that it be the first option in Billing Disputes. Should B Shepherds & Kings Communications receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before Shepherds & Kings Communications has been given a chance to resolve the issue, Shepherds & Kings Communications has the right to collect on the rendered services and any fees associated with those disputes.

Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, Shepherds & Kings Communications still retains the right to collect any rendered services or fees that are due. Should Shepherds & Kings Communications be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, Shepherds & Kings Communications will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

You may only withhold payment of a Disputed Amount where Shepherds & Kings Communications receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

BILLING DISPUTE NOTICE

A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the Customer Zone. Invoice number and date;
The amount in dispute (“the Disputed Amount”);
The amount not in dispute (“the Undisputed Amount”);

The full details of the dispute; and
Any relevant evidence or documentation you want to submit to support your complaint.
Response to Billing Dispute Notice
Under the ICASA Code of Conduct Regulations Shepherds & Kings Communications is required to acknowledge receipt of your complaint within 3 Business Days. Shepherds & Kings Communications shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms: A rejection of the Billing Dispute Notice on the basis that:
The Billing Dispute Notice was not received by Shepherds & Kings Communications within 60 days from the date of the relevant invoice;
The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.
The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;
Shepherds & Kings Communications has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;
The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or
Shepherds & Kings Communications reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.

A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist Shepherds & Kings Communications in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by Shepherds & Kings Communications

A determination of the Billing Dispute and the reasons for such determination.

REFERRAL TO SENIOR MANAGEMENT

If you are not satisfied with Shepherds & Kings Communications’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) Shepherds & Kings Communications within 3 Business Days of receiving Shepherds & Kings Communications’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with clause 72 of the Billing Dispute Procedure, both parties agree:

To ensure that SM meets to resolve the dispute within 7 Business Days of Shepherds & Kings Communications receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.

Any decision of SM will be final and binding on both parties.

Both parties acknowledge and agree that if Shepherds & Kings Communications does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and Shepherds & Kings Communications will have no further obligations in relation to the Billing Dispute.

RESOLUTION, AGREEMENT OR DETERMINATION

If stipulated under Shepherds & Kings Communications’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.

CREDIT ANY DISPUTED AMOUNT ALREADY PAID BY YOU.

Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and Shepherds & Kings Communications will have no further obligations in relation to the Billing Dispute.

EFFECT OF THIS PROCEDURE ON CONTINUED SERVICE PROVISION

Shepherds & Kings Communications will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as Shepherds & Kings Communications has reached a determination and communicated this to you.

We reserve the right, however, to take such measures immediately:
Where a determination of the Billing Dispute has been made and communicated to you; or

Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.

Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that Shepherds & Kings Communications shall continue to have the right to terminate or suspend the service in accordance with Shepherds & Kings Communications’s rights under the Agreement that you have with Shepherds & Kings Communications

CONFIDENTIALITY

Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

OVERAGE DISPUTES

Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.

Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

REQUEST FOR RECONCILIATION OR HISTORICAL INFORMATION/REPORTING

Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.

However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

REFERRAL OF BILLING DISPUTES TO ICASA

If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

ICASA can be contacted in the following ways: Telephone: (011) 566 3000,
Fax: (011) 444 1919 or
Email: consumer@icasa.org.za.

USE OF ACCOUNT HOLDER INFORMATION

Use of Account Holder information for promotional purposes
Shepherds & Kings Communications may include your name and contact information in directories of Shepherds & Kings Communications’s service subscribers for the purpose of promoting the use of the services by potential customers. However, Shepherds & Kings Communications is not authorised to print your name, trademarks or other identifying personal information in any other advertising or promotional materials without your prior written consent.

USE OF ACCOUNT HOLDER CONSUMER CREDIT INFORMATION

The Parties record that Shepherds & Kings Communications intends to disclose information to third parties (including registered credit bureaux) concerning your payment history and account status, and you hereby consent to Shepherds & Kings Communications compiling and retaining any consumer credit information and confidential information about you for the purposes of filing Shepherds & Kings Communications’s customers’ consumer credit information with third parties, including credit bureaux such as Compuscan; and you have consented to Shepherds & Kings Communications providing a credit bureau with this data. The credit bureaux are further authorised to upload the data to its database and share it with its subscribers as allowed for in terms of legislation.

DOMAIN REGISTRATION AGREEMENT

By paying your 100% deposit of your domain registration and first month’s hosting, you are accepting these terms and conditions and confirm that you have read and agreed to the domain registration agreement of our third-party domain partner, found here

*By paying the deposit, The Client agrees to Shepherds & Kings Communications Terms and Conditions as stipulated in this document, unless otherwise arranged.

WEBSITE TAKEOVER & OWNERSHIP

As soon as the client pays outstanding 40% of website project, the website becomes their ownership. The client will receive administrative logins to edit and modify the website as they please. Shepherds & Kings Communications does not take any responsibility of client’s website from the moment the client receives the administrative login and password.
Any errors that may occur, failure or user negligence is the clients responsibility. Fees that may occur to repair errors or website failure is the client responsibility.
Unless the client pays Shepherds & Kings Communications for a SLA to maintain the website the above is applicable and waivers Shepherds & Kings Communications of any responsibly to maintain the website.

SLA will also stipulate fees and responsibilities accordingly.

WEBSITE PLUGINS

Shepherds & Kings Communications is not responsible for updating or maintaining Joomla, WordPress, WooCommerce or any 3rd party plugins. Unless client has signed and paid for a ongoing SLA, the plugins licenses for plugins are not renewed or updated.

If client hands over the website maintenance to a third party developer, the updating, licensing and maintenance of plugins are moved over to either the client or third party company. Shepherds & Kings Communications waivers the responsibility of up keeping, payments or renewing any paid plugins.

If licenses expire it is the clients responsibility to buy new subscriptions. Fees for these plugin subscriptions are the responsibility of the client.

SLA will also stipulate fees and responsibilities accordingly.

WEBSITE TECHNOLOGY

Squarespace is defined as Open Source CMS Software, thus the technology will update and constantly change over time.

If your website language or the technology it runs on updates to the point where your original website does not work or is not compatible anymore, you as client is responsible to either upgrade or rebuild the website to a suited technology level. Shepherds & Kings Communications can supply a quotation to rebuild or to upgrade your website.

Shepherds & Kings Communications is not responsible for websites or systems that may fail due to technology that updates. Plugins used that may become nulled due to technology or technical restraints are not Shepherds & Kings Communications responsibly.

We highly advise clients to either upgrade or rebuild websites every three years to latest technology. Or sign a SLA for website and plugins to be maintained and updated. SLA will also stipulate fees and responsibilities accordingly.

Hosting technology that is always updating due to security issues and performance gains may also lead to system failure if the website technology is not updated regularly. Shepherds & Kings Communications advises clients to host with a reputable hosting service provider.

Monitoring and checking website uptimes is not Shepherds & Kings Communications responsibility unless a SLA is signed and agreed to monitor uptimes. Shepherds & Kings Communications cannot be held responsible for downtimes of your website, loss of traffic or income related to downtime or errors that may occur.

Clients are advised to monitor, or bring in monitoring solutions to make sure their website or system is up and running.

It is the client’s responsibility to test website regularly, as well as text processes like online enquiry forms, live chat system, e-commerce functionality.

Shepherds & Kings Communications wavers any responsibility to further monitor or test technical or user experience technologies after website goes live, and is handed over to client, unless agreed to in a Service Level Agreement.

SERVICE LEVEL AGREEMENT (SLA)

Service Level Agreements are only valid if fully paid for and account is up to date. Any outstanding monies against client account will null the agreement and anything it binds Shepherds & Kings Communications to. SLA can be customised to user or clients needs. Contact Shepherds & Kings Communications for more info.

This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below. After starting any job with Mash Up Creative , you authorise Shepherds & Kings Communications to proceed with the creation of the service’s/product’s as discussed and confirmed on the Job Approval.

Provision of Materials

You agree to provide us with the specific copy, images and information we require in order to create your artwork, or to advise us as to where we can locate such materials. We accept no responsibility for your site not being put live/art work not being completed by a specific date if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your artwork or website, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final art work/ website, as these may arise through our lack of specialist knowledge regarding the content of your product and or services. The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies which have arisen through your not providing us with adequate materials, will be charged to you at our standard rate. We accept no responsibility for the delay caused in providing you with the final artwork/website as a result of your supplying us with insufficient or unsuitable materials. This does not apply if the additional cost could have been avoided but for unreasonable delay on the part of Shepherds & Kings Communications in ascertaining the unsuitability of the materials with which you provide us. Where you supply or specify materials, we will take every care to secure the best results in the finished artwork/ website, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Print Proof Agreement

If Shepherds & Kings Communications has provided you with a proof, you agree to the design and contents of the printed/pdf document as depicted on the proof. By approval via email, you absolve Shepherds & Kings Communications of all liability for any errors, omissions or discrepancies which may be present on the proof. Once the final proof if supplied, you are not able to make any changes to the final artwork, nor are you able to hold Shepherds & Kings Communications responsible for anything you are unhappy with. Our standard Terms & Conditions revokes your right to take any kind of action against Mash Up Creative for any aspect of the work with which you are later dissatisfied.

As long as the finished product is as discussed with Shepherds & Kings Communications and consistent with the proof if supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable.

Making Changes After Proof Stage (Print Only)

If a change is requested, we will do everything we can to make the correction before the printing starts, but we cannot guarantee this. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability. Any changes made after a proof is signed off will result in extra charges.

Payment Terms (Print)

New customers agree to pay a deposit of 50% of the final bill upon ordering, and to pay the outstanding balance on delivery of the completed work. Existing customers agree to adhere to the terms stated on the invoice. All deposit payments are non-refundable.

Purchase Orders / Issued by Shepherds & Kings Communications:

Shepherds & Kings Communications will not accept responsibility for any verbal orders placed by its employees. All orders must be placed in writing and have a Shepherds & Kings Communications order number failing which payments will not be made. Rejection fees must be agreed upon prior to any work commencing. All orders placed by Shepherds & Kings Communications are subject to the following conditions, which shall form basis of a contract between Shepherds & Kings Communications and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: A new order must be obtained for any additional work.

All orders placed by Shepherds & Kings Communications are subject to the following conditions, which shall form basis of a contract between Shepherds & Kings Communications and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following:

Statements are to be dated at month end.
All orders placed by Shepherds & Kings Communications are subject to the following conditions, which shall form basis of a contract between Shepherds & Kings Communications and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: All orders placed by Shepherds & Kings Communications are subject to the following conditions, which shall form basis of a contract between Shepherds & Kings Communications and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: Only one invoice per order will be accepted.
Invoices must have the correct order number.
This order is subject to the supplier not subcontracting this order without Shepherds & Kings Communications written consent.
Shepherds & Kings Communications will not accept responsibility for any verbal orders placed by its employees. All orders must be placed in writing and have a Shepherds & Kings Communications order number failing which payments will not be made.
Rejection fees must be agreed upon prior to any work commencing.
All orders placed by Shepherds & Kings Communications are subject to the following conditions, which shall form basis of a contract between Shepherds & Kings Communications and the supplier. The acceptance of an order implies acceptance of the standard terms herein namely the following: A new order must be obtained for any additional work.
Shepherds & Kings Communications reserves the right to reject any work that does not comply with the original brief, production schedule or order.
Copyright to any work commissioned will remain the property of Shepherds & Kings Communications or the client concerned.
No terms or conditions contained in any other document shall be valid and no variation of these conditions shall be binding upon Shepherds & Kings Communications.

Website Updates & Site Maintenance

These are charged at R750 ex vat per hour (or part thereof) for all design and development. If you want to introduce new material in the form of extra pages, additional functions, or more information than is already available on your site, this must be paid for as a new job.

Hosting & Email Accounts

No clients or third parties will be granted FTP (File Transfer Protocol) access to our servers or any of our affiliates. One pop email account is provided, all additional email addresses will be forwarded to this or another email address which must be provided by the client. Shepherds & Kings Communications take no responsibility for any loss of business through non retrieval of emails, bounced messages or undelivered electronic mail. Cancellation of any website will result in the withdrawal of the hosting package after 48 hours. All hosting packages are non-refundable. Should the client request that a domain name be purchased on their behalf be transferred to another host, a release fee of R450 + VAT will be charged. Website hosting will be renewed automatically as part of the initial contract, but a notice period of not less than 14 days will be given at the time invoicing. Clients must cancel their renewal in writing within this notice period, otherwise all charges will become payable and cancellation will NOT be accepted after this date, as monies will have been paid by Shepherds & Kings Communications on the client’s behalf. It is not Shepherds & Kings Communications responsibility if there is a delay in the transfer of a domain name held with another provider, and this will not be accepted as a reason to delay payment in full of all outstanding monies.

Warranty

Shepherds & Kings Communications guarantees all of its websites provided to clients insofar as any faults or bugs will be rectified within a reasonable period of time so as not to interrupt the service provided by clients to their clients / users for an unacceptable time. Any software provided by Shepherds & Kings Communications proving to be faulty or defective will be repaired / replaced free of charge to the working standard equivalent to launch.

Website Proofs

Once a client has agreed a look and feel proof and instructed Shepherds & Kings Communications to proceed to build, any subsequent changes in style or design requested by the client will be charged for at the appropriate hourly rate.

Exceptions (Web)

We accept that certain details regarding your business, such as telephone numbers and email addresses, sometimes change, and that the details placed in a proof are liable to change. To this end we will amend smaller details such as these as part of our construction package. This policy applies throughout your contract with Shepherds & Kings Communications: if a minor detail needs to be amended, we are more than happy to do so, free of charge. Larger changes, such as the creation of a new page or introduction of a new feature on your site, or the sourcing / changing of images are not covered by this policy and must be paid for.

Payment Terms (Web)

You agree to pay a deposit of 50% of the final bill immediately. When we have finished building your site, we will put it live on our own server under a temporary name which we will give you. After we have informed you of the site’s location on our server, you have 48 hours to view the site and ask for any amendments to be made. The site can be kept live for a longer period if you specifically request this. After the 48-hour viewing period has elapsed, the invoice will be issued as – apart from minor alterations or transfers onto other domain names – our work on the site is then complete. Once the bill is settled in full, we will put the site live on its own domain name, or – if you have not yet selected one – it will remain live on our server. If you possess your own domain name, we will initiate whatever process is necessary to put the site live once the bill is settled. You are not permitted to point your own domain name to the test site on Shepherds & Kings Communications server. If this is found to be the case, we reserve the right to remove the site from our server. All deposits are non-refundable.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Shepherds & Kings Communications. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By signing this agreement, you agree to indemnify Shepherds & Kings Communications from any claim which arises regarding the use of material with which you supply us. We reserve the right to use any artwork we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes/Estimates

All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter

Shepherds & Kings Communications reserves the right not to produce work that is in any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any artwork produced for the client. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Consequential Loss

Shepherds & Kings Communications accept no liability whatsoever for consequential or third-party losses, resulting in a delay in delivery howsoever caused.

Financial Loss

Shepherds & Kings Communications accept no liability whatsoever for financial loss or loss of earnings arising from products or services provided by Mash Up Creative.

Force Majeure

Shepherds & Kings Communications accept no responsibility if we are unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency you may, by written notice to ourselves, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Liability

Price Breakdown The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Jobs Put on Hold or Cancelled by the Client

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Credit Terms
Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Shepherds & Kings Communications, without prejudice to other remedies, shall

(i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and

(ii) in respect of all unpaid debts due from the client, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

Shepherds & Kings Communications agrees keep the confidential information of its clients confidential, including all administration areas of websites and details of referrers and those who are referred. All such data recorded by a website will be completely secure, and all information will be treated as confidential.

Delivery Note:

All goods supplied remain the property of Shepherds & Kings Communications, until such time as the goods are paid in full. The customer has no right to withhold payment for any reason whatsoever, and agrees that no extension of payment of any nature, shall be made unless agreed to, in writing, Shepherds & Kings Communications. Any delivery note signed by the customer or third party, and held by Shepherds & Kings Communications, shall be conclusive proof that the delivery was made to the customer in full unless reduced to writing and signed by Shepherds & Kings Communications. Shepherds & Kings Communications will automatically take off 2,5% for all payments made to suppliers due on 30 (thirty days) from statement, as early settled discount.