Terms & Conditions

The below terms and conditions are applicable in all situations, unless otherwise stated in writing by SANTANA GRAPHIX.

PRIVACY 

Any information SANTANA GRAPHIX collects from clients or potential clients is used solely to answer enquiries or fill requests submitted by customers.

EXCLUSIVE RIGHTS 

SANTANA GRAPHIX reserves the right to:

  • Display sample copies of client artwork and/or printed/branded materials to potential customers in digital and/or printed formats.
  • Display the SANTANA GRAPHIX company name, logo and relevant company contact details on websites, book and magazine publications that are produced by SANTANA GRAPHIX.
  • Use similar concepts from a client artwork for another job.
  • Keep and withhold the original files of client artwork. Clients may not obtain these files.
  • Withhold all client artwork, printed/branded materials and/or suspend domain(s), hosting accounts and/or emails, if THE CLIENT’s account with SANTANA GRAPHIX has not been paid in full by the required deadline date.
  • Any and all printed and/or branded works remain the property of SANTANA GRAPHIX until full payment is received. If payment is not received SANTANA GRAPHIX reserves the right to distribute these printed and/or branded works at a fee to recoup its costs.
  • If THE CLIENT’s job has been cancelled or THE CLIENT’s account with SANTANA GRAPHIX has not been paid in full by the required deadline date, SANTANA GRAPHIX reserves the right to use the same client artwork, printed materials and/or domain(s) for another job/client.

 

COPYRIGHT

SANTANA GRAPHIX artwork may not be copied, reproduced, stored in a retrieval system, transmitted and/or distributed in any form or by any other means without prior written consent from SANTANA GRAPHIX. SANTANA GRAPHIX retains full copyright of all their artwork, and they may not be altered by THE CLIENT, or third party.

 

ILLEGAL IMAGES AND CONTENT

Jobs are completed at the exclusive direction of and based on information and images provided by THE CLIENT. The sole responsibility for the information and images provided and/or used rest with THE CLIENT. SANTANA GRAPHIX will not be liable for breach of intellectual property rights.

 

THIRD PARTY SERVICES

SANTANA GRAPHIX makes use of Third Party Services. These Third Party Services, with written consent from SANTANA GRAPHIX, reserve the right to work/trade under the SANTANA GRAPHIX name or under their own name/company name(s). In both cases, these 3rd Party Services remain Third Party Services and SANTANA GRAPHIX is not liable for any/all damages incurred by these 3rd Party Services. SANTANA GRAPHIX reserves the right to withhold any/all contact information of these Third Party Services.

 

DURATION / TIME-FRAME AND DEADLINE OF SERVICES

An estimated duration/time-frame and/or deadline may be given by SANTANA GRAPHIX on the date of the quote submitted by SANTANA GRAPHIX for a specified job. Should THE CLIENT delay in supplying SANTANA GRAPHIX with the relevant information (and images, if required) SANTANA GRAPHIX shall not be held liable to keep to the previously mentioned estimated duration/time-frame and/or deadline date.

 

ADMINISTRATION SERVICES

Once SANTANA GRAPHIX has supplied THE CLIENT with the relevant information and/or design(s), and THE CLIENT has acknowledged receipt of the item(s), it is THE CLIENT’s sole responsibility to remember where THE CLIENT stored the specified information and/or design(s) once in their possession. SANTANA GRAPHIX will only resend this same information and/or deign(s) twice. If SANTANA GRAPHIX is required to repeatedly resend the same information and/or design(s), this service will be charged for at an hourly fee. There will be a minimum of one hour charge, which will be payable before SANTANA GRAPHIX resends the information and/or design(s). However, if THE CLIENT has been subject to computer theft and/or a virus attack whereby the information on their computer is removed, SANTANA GRAPHIX shall resend this same information and/or design(s) to THE CLIENT only once more.

 

DESIGN SERVICES

  • SANTANA GRAPHIX will not be held responsible if any modifications made by THE CLIENT, or third party, to any artwork or content. If SANTANA GRAPHIX is required to correct these modifications, SANTANA GRAPHIX shall submit a quotation before doing so.
  • Once THE CLIENT has signified his/her approval for a design, website and/or printing/branding of item(s), all liability for errors, changes, or alterations, whether the original fault of THE CLIENT, 3rd Party Service or SANTANA GRAPHIX, shall become the sole responsibility of THE CLIENT. The signature of approval will be accepted and assumed either in writing, email, sms, or through the final payment from THE CLIENT. SANTANA GRAPHIX shall not be liable for any corrections, reprint, rebranding and/or manufacturing costs or damages of any kind resulting from such an error. Charges for alterations or changes made after THE CLIENT approval shall be made at the discretion of SANTANA GRAPHIX, and THE CLIENT shall be liable for any changes if imposed. It is THE CLIENT’s full responsibility to check all text, images and content layout.

 

WEBSITE DESIGN AND DEVELOPMENT SERVICES

  • SANTANA GRAPHIX will not be held responsible if any modifications made by THE CLIENT, or third party, to any artwork or content. If SANTANA GRAPHIX is required to correct these modifications, SANTANA GRAPHIX shall submit a quotation and will require payment before doing so.
  • If THE CLIENT chooses to transfer their website, hosting, domain and/or emails to another service provider, SANTANA GRAPHIX will send/email THE CLIENT and/or new hosting company the relevant information and files (except the original artwork files). It is THE CLIENT and the new hosting company’s sole responsibility to accurately set up THE CLIENT’s website on the new hosting account, as well as backup any and all emails on THE CLIENT’s account. If SANTANA GRAPHIX is required to setup the website on the new hosting account and/or backup THE CLIENT’s emails, SANTANA GRAPHIX will submit a quotation and will require payment before doing so. SANTANA GRAPHIX will not be held responsible for any damage and/or loss that may occur.
  • SANTANA GRAPHIX cannot and does not guarantee or warrant that files available for downloading through THE CLIENT’s website will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. THE CLIENT is responsible for the safety of any downloads that THE CLIENT supplies. SANTANA GRAPHIX is not liable for any loss or damage of any sort as the result of any such dealings or as the result of the presence of merchants, advertisers, or users on the site. SANTANA GRAPHIX does not operate or control in any respect any information, products or services on such third-party websites. THE CLIENT assumes sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third party sites.
  • If THE CLIENT’s website is interrupted, or incurs any errors or faults due to an internet browser, plugin and/or website system/software update, and as a result of this update, SANTANA GRAPHIX will not be held liable for these damages. If SANTANA GRAPHIX is required to fix any damages, SANTANA GRAPHIX shall submit a quotation and will require payment before doing so. SANTANA GRAPHIX will, however, inspect the website beforehand in order to confirm that the damages were as a result of an internet browser, plugin and/or website system/software update before submitting a quotation.
  • If THE CLIENT’s website is subject to a hacking attempt, SANTANA GRAPHIX will not be held liable for any damages that may occur to the website, domain, hosting account and/or emails. If SANTANA GRAPHIX is required to fix any damages, SANTANA GRAPHIX shall submit a quotation and will require payment before doing so.
  • Once THE CLIENT has signified his/her approval for a design, website and/or printing/branding of item(s), all liability for errors, changes, or alterations, whether the original fault of THE CLIENT, 3rd Party Service or SANTANA GRAPHIX, shall become the sole responsibility of THE CLIENT. The signature of approval will be accepted and assumed either in writing, email, sms, or through the final payment from THE CLIENT. SANTANA GRAPHIX shall not be liable for any corrections, reprint, rebranding and/or manufacturing costs or damages of any kind resulting from such an error. Charges for alterations or changes made after THE CLIENT approval shall be made at the discretion of SANTANA GRAPHIX, and THE CLIENT shall be liable for any changes if imposed. It is THE CLIENT’s full responsibility to check all text, images and content layout.

 

ONLINE MEDIA MANAGEMENT

  • Social Media Management’s monthly fee shall be paid in full before the 5th of the month prior to any work commencing.
  • Should social media accounts not be paid and work commences for the month, SANTANA GRAPHIX reserves the right to withhold the client’s access to said platforms until such time as outstanding monies are paid in full.
  • If outstanding invoices/statements/accounts in respect to social media management are not paid in full, SANTANA GRAPHIX reserves the right to shut down all social media platforms.
  • SANTANA GRAPHIX reserves the right to publicise SANTANA GRAPHIX and relevant services on any and/or all of the client’s digital platforms managed by SANTANA GRAPHIX.
  • To terminate the management of social media accounts by SANTANA GRAPHIX, an email instructing cancellation must be sent to kyle@SANTANA GRAPHIX.za.com before the 5th of the month. Access to social media accounts will only be handed over if all monies outstanding are fully paid up.
  • While SANTANA GRAPHIX prides itself on a high standard of quality, talent and skill we cannot guarantee the performance of your campaign.
  • SANTANA GRAPHIX cannot be held responsible for any offensive content or damaging information posted to social media accounts by third parties.
  • Social media is produced in “real time”. This means that occasionally errors including but not limited to spelling mistakes, grammar errors or factual inaccuracies may occur. SANTANA GRAPHIX will attempt to rectify the error as soon as possible but cannot be held responsible for such error nor be liable for any damages of any kind resulting from such an error.

 

CONTENT CREATION AND BRAND JOURNALISM

  • SANTANA GRAPHIX will not be held responsible for any modifications made by the client, or third party to any artwork or content. If SANTANA GRAPHIX is required to correct these modifications, SANTANA GRAPHIX will submit a quotation before doing so.
  • Once the client has signified his/her approval for a design , a website and/or content produced, all liability for errors, changes, or alternations, whether the original fault of the client, third party service or SANTANA GRAPHIX, shall become the responsibility of the client. The signature of approval will be accepted in writing, email, text message or through the final payment from the client. SANTANA GRAPHIX will not be liable for any corrections, reprint, rebranding and/or manufacturing costs or damages of any kind resulting from such an error. Charges for alterations or changes made after the client approval has been received shall be made at the discretion of SANTANA GRAPHIX, and the client shall be liable for any changes if imposed. It is the client’s full responsibility to check all text, images and content layout.

 

EDITING AND PROOF READING SERVICES

  • SANTANA GRAPHIX will not be held responsible for any modifications made by THE CLIENT, or third party, to any artwork or content. If SANTANA GRAPHIX is required to correct these modifications, SANTANA GRAPHIX shall submit a quotation before doing so.
  • Once THE CLIENT has signified his/her approval for a design, website and/or printing/branding of item(s), all liability for errors, changes, or alterations, whether the original fault of THE CLIENT, 3rd Party Service or SANTANA GRAPHIX, shall become the sole responsibility of THE CLIENT. The signature of approval will be accepted and assumed either in writing, email, sms, or through the final payment from THE CLIENT. SANTANA GRAPHIX shall not be liable for any corrections, reprint, rebranding and/or manufacturing costs or damages of any kind resulting from such an error. Charges for alterations or changes made after THE CLIENT approval shall be made at the discretion of SANTANA GRAPHIX, and THE CLIENT shall be liable for any changes if imposed. It is THE CLIENT’s full responsibility to check all text, images and content layout.

 

PRINTING / BRANDING OF ITEMS

  • Once THE CLIENT has signified his/her approval for a design, website and/or printing/branding of item(s), all liability for errors, changes, or alterations, whether the original fault of THE CLIENT, 3rd Party Service or SANTANA GRAPHIX, shall become the sole responsibility of THE CLIENT. The signature of approval will be accepted and assumed either in writing, email, sms, or through the final payment from THE CLIENT. SANTANA GRAPHIX shall not be liable for any corrections, reprint, rebranding and/or manufacturing costs or damages of any kind resulting from such an error. Charges for alterations or changes made after THE CLIENT approval shall be made at the discretion of SANTANA GRAPHIX, and THE CLIENT shall be liable for any changes if imposed. It is THE CLIENT’s full responsibility to check all text, images and content layout.
  • Any and all printed and/or branded works remain the property of SANTANA GRAPHIX until full payment is received. If payment is not received, SANTANA GRAPHIX reserves the right to distribute these printed and/or branded works at a fee to recoup its costs.

 

HOSTING, DOMAINS AND EMAILS

  • SANTANA GRAPHIX uses a third party for hosting, domain and email services.
  • In the unlikely event that there is a problem, SANTANA GRAPHIX will not be liable for any loss arising, whether any incidental, consequential, or indirect loss, damages including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like.
  • SANTANA GRAPHIX does not guarantee or warrant that the information and/or files sent/emailed will be free of infection, viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. THE CLIENT is responsible for the safety of the information and files that are sent/emailed.
  • If THE CLIENT chooses to transfer their website, hosting, domain and/or emails to another service provider, SANTANA GRAPHIX will send/email THE CLIENT and/or new hosting company the relevant information and files (except the original artwork files). It is THE CLIENT and the new hosting company’s sole responsibility to accurately set up THE CLIENT’s website on the new hosting account, as well as backup any and all emails on THE CLIENT’s account. If SANTANA GRAPHIX is required to setup the website on the new hosting account and/or backup THE CLIENT’s emails, SANTANA GRAPHIX will submit a quotation and will require payment before doing so. SANTANA GRAPHIX will not be held responsible for any damage and/or loss that may occur.
  • The parties agree that in no event shall SANTANA GRAPHIX be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement.
  • THE CLIENT agrees that it will defend, indemnify, and hold harmless SANTANA GRAPHIX from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against SANTANA GRAPHIX, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by THE CLIENT, its employees, officers, agents, and directors
  • SANTANA GRAPHIX assumes no liability of THE CLIENT for failure to follow this Agreement and any results caused by the acts, omissions or negligence of THE CLIENT, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with THE CLIENT’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

 

BANDWIDTH

THE CLIENT agrees that bandwidth and disk usage shall not exceed the number of megabytes/gigabytes per month for the services ordered by THE CLIENT. SANTANA GRAPHIX will monitor THE CLIENT’s bandwidth and disk usage. Should the account reach its full limit, the account will automatically suspend itself until the new month begins; however, the client will be given the option beforehand to upgrade their account to the next available hosting package which would contain a higher bandwidth rate.

 

SYSTEM AND NETWORK SECURITY

Users are prohibited from violating or attempting to violate the security of the SANTANA GRAPHIX Network. Violations of system or network security may result in civil or criminal liability. SANTANA GRAPHIX will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such user or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
  • Taking any action in order to obtain services to which such user is not entitled.
  • Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use.

 

ILLEGAL ACTIVITIES

If you are found to be promoting illegal activities, including but not limited to Warez, FXP, Hacking Tools, Cracks, MP3 that you do not own the rights to or if you are linking to such materials and/or storing such materials on SANTANA GRAPHIX’ servers, your account will be terminated without further notice. Monies paid to SANTANA GRAPHIX will be forfeit and you will be charged an administration fee of R2500 per hour as well as Investigation costs if you are directly responsible.

 

NO SPAM

Client agrees not to SPAM using SANTANA GRAPHIX’s servers and/or network. Violations of this policy carry severe penalties, including automatic suspension and/or termination of account. SANTANA GRAPHIX reserves the right to charge a R5000 administration fee and investigation cost due to violation(s) of this policy, if you are directly responsible. SANTANA GRAPHIX reserves the right to take legal actions against the violator due to violation(s) of this policy.

 

BULK EMAILS

We monitor “Bulk Email”. While cpanel has a mailing program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 500 messages per day will be considered “Bulk”. Bulk email ties up the mail queue and delays messages for other users. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting a Free for All web pages could generate “bulk email” from auto responders of the FFA list users you have posted to. We may need to take action if these auto responders are spamming the server and causing the mail queue too many delays.

 

ADULT CONTENT AND “SUCKS” SITES

Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. If you are not sure whether your site is considered to have adult content or not, please contact us. Sites that are attacking in nature – specifically “sucks” types sites and sites that use others corporate names to promote them as sucking or use their corporate image / logo exactly or in slightly altered ways are expressly disallowed.

 

BACKUP

THE CLIENT is responsible for the backup of their website(s) and files. We will make every reasonable attempt to void unexpected server downtime and to ensure that all accounts are well taken care of. We cannot predict server downtime.

 

SOFTWARE AND HARDWARE

SANTANA GRAPHIX does not offer services regarding software or hardware. Should problems arise as a result of the software and/or hardware, whether it affects emails, websites, hosting, designs and any other issues alike, SANTANA GRAPHIX will not be held liable. THE CLIENT is advised to consult the relevant providers for these services.

 

PAYMENTS, FEES AND CANCELLATIONS

GENERAL

  • Deposits and final payments on invoices/statements/accounts are non-refundable.
  • SANTANA GRAPHIX will not commence any work, printing and/or branding until the required payment has been made. The remaining balance on the account will be required upon completion.
  • No work, printed and/or branded materials will be released until the final payment on THE CLIENT’s account balance has been paid in full. Websites will also not be made live for public viewing if final payment has not been made.
  • In the case of additions/changes to existing websites and/or designs, SANTANA GRAPHIX requires full payment before commencement to these changes.
  • Jobs that are quoted on an hourly basis will have the final quantity of hours, used to complete the job, re-calculated upon job completion and stated on the final invoice. All excess hours used on a job are to be paid by THE CLIENT in full.
  • All deposits are non-refundable.
  • If a job has already begun and/or is completed, THE CLIENT is liable for the full balance on the account.
  • Final payment of the total balance on the invoice/statement is to be made, by THE CLIENT, within seven days of the date on the invoice. Penalty fees shall be payable, by THE CLIENT, on overdue accounts at the rate of 5% (five percent) per overdue month, of the total balance.
  • SANTANA GRAPHIX will not continue with any further work if THE CLIENT has not paid their account in full.
  • SANTANA GRAPHIX reserves the right to withhold all client artwork, printed/branded materials and/or domain(s), hosting accounts and/or websites, if THE CLIENT’s account with SANTANA GRAPHIX has not been paid in full.
  • If THE CLIENT’s job has been cancelled or THE CLIENT’s account with SANTANA GRAPHIX has not been paid in full by the required deadline date, SANTANA GRAPHIX reserves the right to use the same client artwork, printed/branded materials and/or domain(s), hosting and/or website for another job/client.
  • Any and all printed and/or branded works remain the property of SANTANA GRAPHIX until full payment is received. If payment is not received SANTANA GRAPHIX reserves the right to distribute these printed and/or branded works at a fee to recoup its costs.

HOSTING AND DOMAIN PAYMENTS, FEES AND CANCELLATIONS

  • Hosting and domains will only be registered once full payment has been received.
  • In the event that payment is not made by or before the required deadline date for the renewal of these services, these services will automatically be suspended for a period of 30 days, whereby THE CLIENT will have no access to their website, hosting and/or emails.
  • If payment has still not been received within this 30 day suspension period, all website, hosting and/or emails will be permanently terminated. SANTANA GRAPHIX is not liable for any loss or damage that may/will occur.
  • All website hosting and email hosting cancellation requests must be sent to web@SANTANA GRAPHIX.za.com and must be made at least 30 (thirty) days prior to future renewals/billing. THE CLIENT must have all account information in order to cancel.
  • If the client wishes to transfer their website, hosting and email to another service provider, and their current account is requiring payment, THE CLIENT must first then make the required payment before any transfer(s) can be made.

 

CONCLUSION

REFUSAL OF SERVICES

SANTANA GRAPHIX reserves the right to refuse or discontinue service to anyone at SANTANA GRAPHIX’ sole discretion. SANTANA GRAPHIX may deny client access to all or part of the service without notice if client engages in any conduct or activities that SANTANA GRAPHIX’ in its sole discretion believes violates any of the terms and conditions of this agreement. SANTANA GRAPHIX shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that SANTANA GRAPHIX has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

 

DISCLAIMER OF WARRANTY

SANTANA GRAPHIX will not be held responsible for any damages that your personal reputation and/or business may suffer. SANTANA GRAPHIX makes no warranties of any kind, expressed or implied, for services rendered. SANTANA GRAPHIX disclaims any warranty or merchantability or fitness for a particular purpose. SANTANA GRAPHIX assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of the Republic of South Africa, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual country of residence.

 

WAIVER

Failure of SANTANA GRAPHIX to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms. Conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

 

AGREEMENT

This Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of South Africa, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of the Republic of South Africa, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to SANTANA GRAPHIX. However, SANTANA GRAPHIX may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.