Creative8 Terms & Conditions
Hello, and welcome to Creative8. Please read our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us by arbitration on an individual basis instead of by class actions. We hope you’re sitting comfortably and listening to some great music.
Here we go…
1. Authorisation
- The client will be furnished with an estimate for any service requested. The business may levy a fee in order to prepare a quotation, confirmation of which will be conveyed to the client in writing. Approval will be required for the initial estimate and also for any additional service, unless the consumer in writing agree otherwise.
- Any authorised additional work performed will not create a new agreement and will form part of the initial estimate and subject to all the terms and conditions.
- Creative8 may require a deposit in certain circumstances. Due the specialised nature of the service provided by Creative8, should a client cancel the provision of services and/or goods after acceptance of the quotation, the client shall be liable for any expenses incurred by ACP relating to the provision of the service/goods quoted. The cancellation fee levied by Creative8 will have regard to, but is not limited to, the labour for the work carried out up to time of the cancellation, a reassembling fee if required and the cost for all parts, accessories and consumables purchased and/or installed.
- Unless otherwise agreed, the services provided by Creative8 shall be performed at the premises of Creative8 during working hours. If the client requires after hour work at a premises other than ACP System’s premises, the client will pre-authorise the additional fee therefor.
- The client has the right on completion of the service to examine the goods/services provided by Creative8. Should any goods be damaged during the client’s examination thereof, the client will be liable for the payment of the authorised work and the cost for repair of the damage and indemnify Creative8 for any loss, damage or injury.
- The risk of damage or loss of the goods will remain the client’s risk after delivery of the goods.
- The date of completion of the service is merely estimated completion date. Creative8 shall not be liable for any loss or damage, of whatsoever nature, suffered by the client due to any delay unless the said delay is attributed to circumstances within Creative8′ reasonable control.
2. Payment
- Payment for authorised work shall be paid in South African currency as agreed upon between the parties, in writing.
- Interest at the rate of 2% per month will be charged on all overdue accounts.
3. Risk and passing of ownership
- Risk in the goods shall pass to the client on delivery thereof, but ownership of goods shall only pass once Creative8 has received payment in full.
4. Domicilim
- For all purposes under this agreement, (including giving of any notice, the payment of any amount, the service of any process and for all other purposes arising from this agreement) the client hereby chooses the service address stipulated on the quotation issued to him/her/it.
5. Legal charges
- In the event of the company instructing its attorneys to recover money or the goods from the client, the client shall be liable for and pay all legal costs (“on an attorney and client basis”) incurred by Creative8 and including collection commissions.
6. Complaints
- In the event of a complaint or a dispute arising between the parties, regarding this agreement or service rendered, the client shall inform Creative8 in writing about the nature of the complaint. Creative8 will investigate and will attempt to resolve the matter within business days.
7. Interpretation and jurisdiction
- The contract shall be interpreted according to the laws of the Republic of South Africa.
- The client consents to the jurisdiction of the Magistrate’s Court of the district of Cape Town