TSC MEDIA C.C.
TERMS & CONDITIONS
TERMS & CONDITIONS
Updated 26 Feb 2019
Please note that TSC Media is no longer a VAT vendor effective 01 March 2018
|1.1||For the purposes of this quote, unless the context indicates otherwise,:|
|1.1.1||"Acceptance of this Quote" means the date on which the Customer accepts this quote in writing;|
|1.1.2||"Customer" means that person(s) or company issuing the Order;|
|1.1.3||"Finished Product" means the finished goods supplied to the Customer, or the work completed for the Customer, by TSC Media, which shall conform in all respects to:|
|126.96.36.199||the requirements or specifications set out by the Customer in the Order; and/or|
|188.8.131.52||any copy and images supplied electronically by the Customer;|
|1.1.4||"Order" means the written order issued by the Customer to TSC Media, which, in the case of a company, must be on the company's letterhead with the VAT (if applicable) and tax registration number clearly shown.|
|1.1.5||"Printers" shall mean a printing company elected by TSC Media in its sole and absolute discretion;|
|1.1.6||"Project" means goods to be supplied or work to be done by TSC Media in terms of your Order;|
|1.1.7||"Project Price" means the price referred to in Clause 2;|
|1.2||This quote is:|
|1.2.1||calculated on quantity and pricing is therefore based on receiving an order for the full quote;|
|1.2.2||based on your Order and is subject to change should your Order change in any manner whatsoever.|
|1.3||Acceptance of this quote by the Customer shall mean acceptance of these terms and conditions.
|2.1||The Project Price shall, subject to Clauses 2.2 and 2.3, be the price set out in this Quote for the execution of your Order, which price shall only be valid for 15 (fifteen) days from the date of this quote.|
|2.2||The Project Price shall be increased:|
|2.2.1||if there is an increase by the Printers, in which case the Project Price shall be increased by the same amount as the Printers' increase;|
|2.2.2||if a request is made for urgent or after hours work, in which case the Project Price shall be increased by 25% (twenty-five per cent), it being recorded that "after hours" work shall mean any work to be done after 17h00 and before 08h30 on any day.|
|2.3||Copyrighting, editing, typing copy, redrawing of logos and sourcing of images will be charged as extras.|
|2.4||The Project Price shall be payable in cash as follows:|
|2.4.1||a 50% non-refundable deposit is payable on Acceptance of this Quote and proof of payment of the deposit must be forwarded to TSC Media by facsimile or e-mail before the Project commences;|
|2.4.2||the balance shall be payable on delivery of the Finished Product to the Customer.|
|2.5||Debit Orders are run on or around the 01st of every month unless otherwise specified to the client in writing.|
|2.6||Should the Customer not sign acceptance of the quotation, yet pay a deposit as set out on clause 2.4.1 above, TSC Media will deem the quote accepted.|
|2.7||If the deposit referred to in Clause 2.4.1 is paid by bank cheque, execution of the Project shall not begin until such time as the cheque has been cleared by TSC Media's bankers.|
|2.8||No relaxation which TSC Media may allow at any time in regard to any payment due by the Customer to TSC Media in terms of this Quote shall be a waiver of, or prejudice, any of TSC Media's rights against the Customer for any amount due in terms of this Quote|
|2.9||Should any portion of the Project Price not be paid on the due date therefore, then the amount outstanding shall bear interest at the rate of 25% (twenty five per centum) per year, calculated from the date on which the amount in question became due until the date on which the amount outstanding is paid in full, which interest shall be paid to TSC Media monthly in arrears.|
|2.10||Should the Customer allege at any time, in defending any action based on these Terms and Conditions, that errors have been made in the calculation of any amount claimed, then the onus of proving that defence will rest on the Customer.
|3.||EXECUTION OF THE PROJECT
|3.1||The Finished Product shall not be produced by TSC Media until all samples, images, and/or proofs thereof have been approved by the Customer in writing. It is recorded that any amendment made to such samples, images and/or proofs after such approval has been obtained, or any deviation from the Order, shall form part of a new order and quotation.|
|3.2||Obtaining copyright for any design and/or image produced or created by TSC Media for the Customer shall not be the responsibility of TSC Media.|
|3.3||Time periods given for the completion of a Project are a guideline only and whilst TSC Media undertakes to use its best endeavours to complete a Project within the time period given it cannot guarantee this.|
|3.4||Should the Customer cause the Project to be delayed for any reason whatsoever for a period of 2 (two) months or more, thereby preventing TSC Media to produce the Finished Product, then this Quote shall no longer be of any force or effect and the deposit referred to in these terms and conditions shall be forfeited by the Customer.|
|3.5||Final delivery of any service shall not be dependent on third party applications or external development.
|4.||SOLUTIONS & SERVICES
|4.1||Artwork and images supplied must be a minimum of 300 dpi.|
|4.2||Upon first presentation of a solution design mock-up, a maximum amount of 2 change requests will be allowed for the mock-up unless otherwise stipulated. All other changes will be charged at an additional cost.|
|4.3||A 10% design variance may be expected with regards to a mock-up and final delivery of an online solution.|
|4.4||TSC Media shall not be held responsible for third party API changes.|
|4.5||TSC Media shall not accept liability for infringement of any intellectual property rights, including copyright, in respect of the incorporation of any works, inventions, designs, trademarks and/or concepts provided to TSC Media by the Customer and which are incorporated into this Project and the Customer undertakes to indemnify TSC Media in respect of all legal costs and damages incurred by TSC Media as a result of any legal proceedings instituted for infringement of said intellectual property rights.
|5.||SOLUTION MAINTENANCE & HOSTING
Any online packages are subject to change without notice. Solution Maitenance is commonly performed under SLA's.
|5.1||Cancellation of services requires 30 days' notice to be given in writing.|
|5.2||Fees paid in advance or at a discounted rate are non-refundable.|
|5.3.1||Earlier release of the domain may be given at the discretion of TSC Media.|
|5.3.2||Should there be any fees due to TSC Media at the end of the notice period referred to 5.1, then cancellation of the hosting will only take effect on the date on which those outstanding fees are paid in full, together with any fees due for any additional days hosting.|
|5.3.3||If payment of any invoice is not received within 10 days of the date of the invoice in question, then the hosting service will be cut and a reconnection fee will be charged once payment is received.|
|5.3.4||Failure to pay overdue fees will result in termination of the hosting account within 60 days of the first overdue invoice or at the discretion of TSC Media. Termination includes deletion of emails and website. TSC Media will not be held responsible for loss of data or recovery of terminated accounts.|
|5.4.1||Solution maintenance is not accumulative and must be used within the month for which it is invoiced.|
|5.4.2||"Reasonable change" is at the discretion of TSC Media and is measured by such change not requiring extra resources, heavy maintenance or time.|
|5.4.3||Where eCommerce, Newsletters or any other component of the website is specified, it shall be presumed that such component exists on the website. Should such component not exist, a separate charge will be quoted therefore.
|6.||OWNERSHIP IN THE FINISHED PRODUCT
Any materials, design work, documents, diagrams, sketches or anything else which TSC Media furnishes to the Customer, including copyright in any copyrightable works produced by TSC Media for the Customer in terms of this Quote, shall remain the property of TSC Media until such time as the full Project Price is received by TSC Media.
Should the Customer commit a breach of Clause 2 and fail to remedy that breach within 7 (seven) days after receipt from TSC Media of written notice calling upon it so to do, then TSC Media shall be entitled, in addition to and without prejudice to any right it may have as a result of that breach, to reclaim the Finished Product and recover such damages as it may have sustained.
The Customer and TSC Media hereby consent and submit to the jurisdiction of the Witwatersrand Local Division of the Supreme Court of the Republic of South Africa for the purpose of all or any legal proceedings arising from or concerning these terms and conditions.
|9.||NOTICES AND DOMICILIA
|9.1||Each party chooses the address set out below as the address at which all notices and other communications must be delivered for the purposes of these terms and conditions:
TSC Media at PO Box 420, Strubens Valley, Roodepoort, Gauteng, 1735, South Africa or at Telefax No. 086 694 1149 or at e-mail address email@example.com
|9.2||Any notice or communication required or permitted to be given in terms of these terms and conditions shall be valid and effective only if in writing but it shall be competent to give notice by telefax or e-mail, in which case it shall be deemed (unless the contrary is proved) to have been received on the first business day after it is sent.|
|9.3||Any notice to a party referred to in Clause 9.1 contained in a correctly addressed envelope, and sent by prepaid registered post to it at its chosen address, shall be deemed to have been received, in the case of this clause, on the 7th (seventh) day after posting (unless the contrary is proved).|
|9.4||Each party referred to in Clause 9.1 chooses the physical address set out at time of registration with TSC Media as the address at which legal process must be delivered for the purpose of these terms and conditions, but either of those parties shall be entitled at any time to change its address to any other address in the Republic of South Africa by giving written notice to that effect to the other.|