Services Terms and Conditions
Updated 25 June 2018
These are the Terms and Conditions on which Fuse Factory (Pty) Ltd – registration number 2015/ 154274/07 will carry out work for you. They will apply each time that you ask us to do work for you or carry out a Project. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.
Our various Schedule of Fees are available below or as provided in your Proposal
These Terms and Conditions are subject to change without notice and may be superseded.
We may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.
(a) You may engage us to carry out a Project for you by:
- signing and returning a Proposal to us; or
- providing an authorised Purchase Order; or
- in the case of smaller engagements by written verification.
(b) Unless we notify you otherwise, we will accept that engagement, subject to these Terms and Conditions. The Project will commence in line with the project schedule or when we accept the engagement.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
(a) If we provide you with a Proposal for the Project, then that Proposal:
- is based on the Specifications, and is subject to change if the parties agree to amend the Specifications;
- does not include VAT; and
- is valid for a period of 30 days from the date we issue the Proposal, unless otherwise agreed by Fuse Factory
For most Projects we prefer to adopt a staged approach for planning and implementation purposes.
- Discovery Stage
At this stage, the requested features are just high-level ideas and really need to be fleshed out in detail. In a workshop with key stakeholders, we’ll define the keys to success, functionality, branding, look and feel, and the more complex technical aspects that will drive the Project.
The deliverables for the discovery stage may include:
- functional specifications (sitemap and wireframes);
- design and/or marketing specifications;
- fixed price proposal for the design and/or marketing;
- estimate for development/technology.
- Creative Stage
Following on from the discovery stage the creative team will take charge and work through our process. Whilst this occurs the technology team will work collaboratively to create and develop the technical specifications and database schema/architecture.
The deliverables for the creative stage may include:
- completed design, content and/or brand;
- technical specifications;
- database schema/architecture;
- fixed price proposal for development/technology.
- Development/Technology Stage
The development/technology stage is usually the largest and most involved. Throughout this stage Fuse Factory likes to work as close as possible with you via your Project Manager.
The deliverables for the development/technology stage may include:
- completed development;
- quality assurance;
- user acceptance testing;
- training sessions;
- installation of devices.
- Marketing Stage
Once the Project is completed we will ensure that it is optimised for marketing purposes.
The deliverables for the marketing stage may include:
- meta information;
- 301 redirects;
- image alt tags;
- sitemap creation and submission to Google;
- Google analytics installed.
(a) The Services that we provide to you, and any specific terms, may include some or all of the following:
- clause 12 – Consultation;
- clause 13 – Workshops;
- clause 14 – Design;
- clause 15 – Copywriting;
- clause 16 – Development/Technology;
- clause 17 – Maintenance;
- clause 18 – Third Party Software;
- clause 19 – Training;
- clause 20 – Warranty;
- clause 21 – Support & Maintenance Packages;
- clause 22 – Hosting;
- clause 23 – Domain Name Services;
- clause 24 – Beacon and other Devices;
- clause 25 – Email/SMS Marketing;
- clause 26 – Social Media Management (SMM);
- clause 27 – Search Engine Optimisation (SEO);
- clause 28 – Online Advertising;
- clause 29 – Strategy and Analytics.
(b) You acknowledge that electronic services are subject to interruption and breakdown and all non electronic services are subject to disruption, and therefore:
- the Services will not be error-free or uninterrupted; and
- your access to the Project and the operation of the Project will not be error-free or uninterrupted.
- Hours of Service
(a) All Services will be carried out between 8:30am and 4:30pm (local office time), Monday to Friday excluding public holidays and the Christmas / New Year closure periods.
- Content and Materials Supplied by You
(a) You must supply to us all required materials you want us to use in the Project, and all other content and materials we reasonably request (Client Content) in a timely manner.
(b) You must supply all Client Content in the following digital format/s:
- text/copy: Microsoft Word or Rich Text (clearly labelled and in correct order);
- tables: Microsoft Excel (clearly labelled and in correct order);
- images: high resolution where possible (JPEG, PNG files);
- logos: vector format (Illustrator EPS/AI);
- diagrams/maps: vector format (AI) or (JPEG files);
- if required, access to your current website and database via SSH, ftp and/or CMS/hosting control panel login;
- brand style guidelines (if applicable).
(c) We may charge Additional Costs if the Client Content is not provided in the appropriate format or if material is not supplied when requested.
(d) You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not:
- breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or
- compromise the security or operation of our computer systems, through a virus or otherwise.
(e) You indemnify, and agree to keep Fuse Factory, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.
- Variations and Additional Costs
(a) If during the course of our engagement there are changes in the Specifications of the Project, the changes will be treated as a Variation.
(b) Where a Variation occurs Fuse Factory reserves the right to halt work and review the project costings. We will discuss the Variation with you and where required will issue a Variation Notice which is to include the modifications to the Specifications and any associated costs. We will not proceed with the Services until we receive your written approval to proceed.
(c) Examples of Variations include:
- introduction of additional requirements not discussed during the discovery stage i.e. branding deliverables, introduction of video requirements, data entry required;
- changes in the Specifications during the design stage i.e. additional pages requiring design, additional design elements/features etc.;
- costs for commercial fonts, photography, audio and video;
- additional pages, features, functionality etc. required / introduced in the development/technology stage;
- customisation of the CMS or building an extension not specified in the approved design, Specifications or database schema/architecture;
- additional project management time;
- unplanned delays in obtaining approval, Client Content or feedback resulting in Fuse Factory having to reschedule projects, staff or facilitate continuance;
- overtime required to meet deadlines due to delays by the Client providing approval, Client Content or feedback.
(d) It is our process to include project management time in all quotes, but from time to time we are required to not only project manage the Fuse Factory team but also manage your team. This is generally not known at the time of quoting and may be treated as a Variation.
(e) If during the course of our engagement there are small changes in the Project, we will contact you and provide an estimate of the Additional Costs for these small changes.
(f) Where possible, we will attempt to obtain approval from you prior to undertaking the additional work. However in some cases due to deadline and availability constraints, this may not be possible and we may proceed with the work without obtaining approval.
(g) Additional Costs will be invoiced separately to the Client on an ad hoc basis, charged at current Professional Hourly Rates, or where appropriate, placed on a Support & Maintenance Package (see Clause 21).
(h) Examples of Additional Costs include:
- content not in the appropriate format;
- extra workshops or workshops requiring additional hours;
- requested additional design concepts / alternations;
- requested changes to the design after final approval has been requested or provided;
- uploading and styling/layout of additional Client Content;
- additional training sessions, additional training session attendees or training at your premises;
- additional meetings and travel time.
- Purchase of Stock Images, Fonts, Photography, Audio or Video
(a) Unless specified in the Proposal, the Fees do not include any searches or purchase of stock images, commercial fonts, photography, audio or video.
(b) You can provide stock images, commercial fonts, audio or video, or we can purchase them on your behalf. When any stock images or commercial fonts are purchased on your behalf, Fuse Factory will be the license holder and the image or font can only be used under the terms of the license/s.
(c) You indemnify, and agree to keep Fuse Factory, its directors, officers and employees indemnified, against all Loss arising out of the breach of these licenses.
(d) Standard stock images will be charged according to the Stock Image Rates.
(e) Costing for any font, photography, audio or video required will be provided for approval separately via a Variation Notice.
(f) Ownership of the finished photography, audio or video will be transferred to you upon full payment of all issued invoices.
(g) Fuse Factory retains ownership of all working files.
- Your Approval
(a) Your approval may be required for a number of items (Approval Item) presented to you:
- project brief;
- functional specifications (sitemap and wireframes);
- design specifications;
- marketing specifications;
- design concepts (and your choice of one of them);
- each updated version of the chosen design concept;
- completed design;
- technical specifications;
- database architecture;
- completed deliverable including uploaded content;
- Variation Notices; and
- any other item for which we request your approval.
(b) When we provide you with any Approval Item, you must notify us in writing whether you do or do not accept the completed Approval Item.
(c) You will be deemed to have accepted the Approval Item if we do not receive a response from you, within 5 business days.
(d) Your acceptance of the completed Approval Item in accordance with paragraph (b) or (c) means that the Approval Item is complete, and no further amendments are necessary. However, we will not proceed to the next Stage of the Project until we receive your approval to proceed.
(e) There may be Additional Costs in having to reschedule projects, staff or facilitate continuance due to unplanned delays in obtaining approval. If unable to perform continuance, the Client may have to pay a shut down and subsequent restart fee commensurate to the labour and resource costs incurred.
- Scheduling, Production and Project Management
(a) If we consider it to be necessary, we will develop a production schedule for the Services. We will use reasonable commercial endeavours to carry out the Services in accordance with that schedule.
(b) If you delay in providing approval, Client Content or feedback we require, then this may result in:
- a change in the delivery deadline set out in the production schedule; or
- if the delivery deadline cannot be changed, a Variation Notice will be issued, including necessary overtime costs.
- Digital Marketing Services
(a) You acknowledge that the Digital Marketing Services provided by Fuse Factory is not an exact science and that search engines, media services, platforms and providers are constantly changing and evolving and that Fuse Factory has no control over these changes.
(b) Fuse Factory will perform the Digital Marketing Services utilising best practice strategies and up to date techniques and will make recommendations to best achieve the client’s goals but cannot guarantee results.
(c) Fuse Factory will endeavour to seek approval from the Client for material prior to publication, but this may not always be possible due to time constraints, deadlines and access to the appropriate authority.
(d) Unless agreed otherwise, Digital Marketing Services and media spend will be invoiced and automatically paid by direct debit at the beginning of each month.
(e) Fuse Factory will perform the Digital Marketing Services as specified in the Proposal or as agreed in writing with the client, utilising the specified providers and/or platforms, for the specified term.
(f) If a client wishes to cancel a contract early, Fuse Factory will charge a penalty for the early termination of the contact. The penalty will be equal to 50% of the remaining value of the contract.
(g) Once the initial contract term is completed, the contract will automatically renew for subsequent periods of the same duration, unless either party gives the other party 30 days written notice terminating the agreement or both parties agree in writing to vary the Digital Marketing Services provided.
(h) You indemnify, and agree to keep Fuse Factory, its directors, officers and employees indemnified, against all Loss arising from actions taken performing Digital Marketing Services.
(i) Fuse Factory cannot be held liable and accepts no responsibility for being unable to perform the Digital Marketing Services due to lack of client resources or access.
(j) Fuse Factory may be required to work alongside another agency or third party provider. Fuse Factory cannot be held liable and accepts no responsibility for being unable to perform services due to faults or defects in any service provided by third parties.
(k) Fuse Factory reserves the right to charge Additional Costs caused by the Clients instructions, lack of instructions, interruptions, mistakes, work for which Fuse Factory is not responsible and changes to the requirements, expectations or hardware and software environment, and extra work required caused by faults or defects in any service provided by a third party.
(a) Our consultancy services may include:
- researching and developing a tailored strategy, campaign planning and implementation, current system review and analysis; audits, workshops, public speaking and installation;
- project management of a third party or internal implementation.
(a) Our workshop service vary in length, cost and deliverables based on the brief and other requirements.
(b) Unless otherwise specified in the Proposal the workshop will be held in one of the Fuse Factory offices.
(c) Extra workshops or workshops requiring additional hours will be an Additional Cost.
(d) Deliverables from a workshop may include:
- in-depth brief;
- stakeholder review and analysis;
- customer feedback and insights;
- recommendations and documentation;
- functional specifications (sitemap and wire-frames);
- design specifications;
- marketing specifications;
- fixed price proposal for the design;
- estimate for development/technology.
(a) Our design services will include:
- delivery to you of one design concept (or as specified in the Proposal); and
- one round of alterations.
(b) Upon completion of the alteration, Fuse Factory will supply an updated version of the design concept to you.
(c) If you request additional concepts or alterations, or request changes to the design after final approval has been requested or provided, the work will be an Additional Cost.
(d) The work referred to in paragraph (c) do not include a change to the Specifications which will be treated as a Variation.
(e) The deliverables from the creative stage may include:
- completed design;
- technical specifications;
- database schema/architecture;
- fixed price proposal for development/technology.
(f) Other design services may include:
- branding – competitor analysis, name research, URL review, logo trend analysis, branding options, refinement, final brand and logo and style guide;
- discussions regarding developing options for your digital marketing strategy, current system review and analysis;
- other design services – print ad design, booth design, banner design, business card and stationary design and printing, brochure design, email template design, sub-brand logo design.
(g) Ownership of the finished design will be transferred to you upon full payment of all issued invoices.
(h) Fuse Factory retains ownership of all working files.
(a) Our copywriting services may include:
- SEO copy;
- Blog writing;
(b) Our copywriting services include presentation of one copy and one round of alterations for each copy/blog.
(c) Ownership of the finished copy will be transferred to you upon full payment of all issued invoices.
(d) Fuse Factory retains ownership of all working files.
(a) Our development/technology services will be derived from the Proposal, the technical specifications, and final deliverables from discovery and design stages.
(b) Our development/technology services may include uploading and styling/layout of the Client Content to the developed software. If applicable we will complete a specified number of standard pages or screens of the software. If we complete additional pages or screens for you, the additional work will be an Additional Cost.
(c) A Content Management System (CMS) may be provided as part of the Project. Unless otherwise specified in the Proposal, our services do not include customisation of this CMS, its extensions, plug-ins or components. Any customisation required:
- the work will be a Variation;
- the customisation, extension, plug-in or component remains licensed under the original author or Fuse Factory; and
- you accept and must comply with the CMS terms and conditions in relation to your use of the customisation extension, plug-in or component.
(d) You acknowledge that the CMS and many of its extensions, plug-ins and components are provided by third parties, and therefore:
- we have limited control over the functionality or operation of the CMS and its extensions etc; and
- you accept and must comply with the terms and conditions of those third parties relating to the CMS.
(e) A Standard Page or Screen is: up to 500 words, up to 3 images and up to one implementation of any tabular data.
(f) Unless otherwise specified in the Proposal or as agreed in writing with Fuse Factory, Fuse Factory retains ownership of the IP of any custom applications.
(g) You acknowledge that Fuse Factory is free to reuse any code, inventions, extensions, plug-ins or components and you grant Fuse Factory an indefinite perpetual licence to use, re-sell and modify.
(h) Ownership of the finished deliverable will be transferred to you upon full payment of all issued invoices.
(i) Fuse Factory retains ownership of all working files.
(j) Unless otherwise agreed for all apps being uploaded to an app store (iTunes, PlayStore, Windows App Store), Fuse Factory will listed as the “developer”. If in the event the Client wishes to be the “developer” with their own account, the costs to action such transfer will be an Additional Cost.
(k) You acknowledge that the software that is developed by Fuse Factory may run on third party platforms, software and environments and therefore if any of these third part platforms, software or environments make an update or discontinue this may cause your software to breakdown, be interrupted or not operate at full functionality.
(a) Our maintenance services consist of making modifications / updates based on the Proposal, brief and/or Specifications.
(b) Unless otherwise specified in the Proposal, the Fees for modification do not include any provision for training or post-implementation support or warranty.
- Third Party Software
(a) As part of a Project we may provide Third Party Software as part of the Project. You acknowledge that:
- we have limited control over the functionality or operation of the Third Party Software;
- if the third parties provide data or other information for use with the Software, we have no control over the accuracy or completeness of that information;
- you accept and must comply with the terms and conditions of the Third Party Software providers; and
- those Third Party Software providers may invoice you directly for ongoing costs relating to your use of the Software.
(b) The Fees for the Third Party Software may change from time to time. The new prices not supplied directly by the provider will apply from the date that we notify you.
(a) The Proposal may include training sessions of varying length, content and outcomes. Training sessions will be conducted in one of Fuse Factory’s offices, with no more than 3 trainees.
(b) If additional training sessions are required, or you wish to have additional attendees at a training session, or require training at your office, there may be an Additional Cost.
(a) Fuse Factory provides a 20 business day period for Client Testing. During this time we provide 2 rounds of testing and feedback and 2 subsequent rounds of code fixes.
(b) Fuse Factory provides a limited Warranty Period for a further 20 business days.
(c) The limited Warranty Period will commence 20 business days after the project is handed over for Clients Testing. If data entry is required then the Warranty Period will commence 30 business days after the project is handed over for Client Testing.
(d) Extended warranty periods can be negotiated during the Discovery Stage and outlined in the Specifications.
(e) All identified bugs must be reported within the Warranty period.
(f) It is your responsibility to review and test the software and ensure you are satisfied with it during the testing and warranty periods.
(g) Any modifications that are not defined as a bug for the purposes of this warranty will be quoted for separately or placed on a Support & Maintenance Package.
(h) Any bugs that fall outside the warranty period will be quoted for separately or placed on a Support & Maintenance Package.
(i) When open source software, such as CMS, WordPress, MySQL, PHP and Apache, is used to build and host websites, we cannot guarantee that these open source software products are error-free. Any work required to address bugs, version or system updates, are not included under the Warranty and will be quoted for separately, or placed on a Support & Maintenance Package.
(j) Any bug fixes or changes required as a result of upgrades to mobile operating systems like ios, android or windows, are not included under the Warranty and will be quoted for separately, or placed on a Support & Maintenance Package.
(k) Any bug fixes or changes required as a result of upgrades to search engines or system upgrades, are not included under the Warranty and will be quoted for separately, or placed on a Support & Maintenance Package.
(l) Unless otherwise specified in the Proposal, Warranty will only apply to:
- the latest 2 browsers versions for Chrome, Firefox, Safari, Edge
- the latest version of Microsoft's Internet Explorer (IE 11)
- the latest 2 operating systems for Windows, Android and iOS
- the latest 2 device versions for Windows, Android and iOS
when handed over for Client Testing.
(m) The determination of warranty labour is at Fuse Factory’s discretion.
- Support & Maintenance Packages
(a) Support and maintenance services are a paid service utilising paid Support & Maintenance Packages and can be pre-purchased in blocks of 10, 20, 40 or 80 hours.
(b) Our support services consist of, but are not limited to:
- answering your technical questions relating to the Software, its operation and the Content Management System and the extensions, plug-ins or components provided with it; and
- resolving technical issues that arise in relation to the Software or its operation, except as set out in 21 (d).
(c) Our maintenance services may consist of, but not limited to
- general design services;
- general copywriting services;
- general development services;
- general marketing services;
- small updates to Software;
- design and development of landing pages;
- out of warranty bug fixes;
- out of scope project work – design or development;
- data entry;
- content changes;
- general project management.
(d) Our support and maintenance services do not include resolving:
- issues that relate to your networks, email, computer systems or software;
- other technical issues not arising directly from the Software.
(e) You may be required to provide to us, at your own cost, access to the Software and your computer network and any systems required in order for us to provide the support and maintenance services. If you do not provide us with such access within a reasonable time after we request it, then:
- we are not obliged to provide you with any support & maintenance services; and
- we are not obliged to return to you any portion of the Fees that you have paid to us for the provision of support & maintenance service.
(f) Support & Maintenance Package reduced hourly rate deals require that the Support & Maintenance Package be in paid for in full before any work is undertaken. Work undertaken outside of a Support & Maintenance Package will be charged at our current Professional Hourly Rates.
(g) Support & Maintenance Packages are not designed for major creative, technology, development or marketing tasks rather for tasks that can be completed within a maximum of 40 hours. Any work that will require more time than this to complete will require a Proposal.
(h) Estimated time to complete requested support and maintenance tasks may be provided when, and if possible, at Client's request.
(i) Commencement of support tasks will start upon receipt of written support brief/request, confirmation of time estimate provided (where required and possible) and availability of hours on a Support & Maintenance Package.
(j) Support & Maintenance Package activities are limited to Software and Services created by Fuse Factory.
(k) Unused Support & Maintenance Packages will not be refunded.
(a) If we provide hosting services for the Website, those hosting services are governed by our Hosting Terms and Conditions.
- Domain Name Services
(a) Fuse Factory does not represent or warrant the availability, suitability or registerability of any domain name.
(b) Fuse Factory will not, at any time, assume any liability whatsoever in respect of the use of any domain name. Any disputes arising must be resolved between the parties involved.
(c) You must not transfer a domain name to another internet service provider unless you have first paid all Fuse Factory accounts in full.
(d) When a domain name is due for renewal we will issue and invoice with at least 14 days notice. If the invoice is not paid prior to the due date, we cannot guarantee the continuance of the domain name.
- Beacons and Other Devices
(a) Fuse Factory may be required to supply beacons and/or other devices as part of a Proposal, campaign or strategy.
(b) Fuse Factory will install the devices or provide instructions for the installation as detailed in the Proposal.
(c) You warrant that the beacons and/or other devices will only be used for the purpose for which they were provided or which they are designed for.
(d) If any of the beacons and/or other devices are faulty, damaged or otherwise not fit for use, within the appropriate warranty period, we will endeavour to assist you to get the items repaired or replaced. But we cannot guarantee the compliance or efficiency of the third party providers.
(e) All intellectual property rights in and to the products, including all patent rights, copyright, trademarks, trade secrets or other proprietary rights therein shall be and remain the sole property of third party providers.
- Email/SMS Marketing
(a) Fuse Factory will provide email and/or SMS services utilising an agreed service provider.
(b) You will be responsible for the costs associated with engagement of the email and/or SMS service provider.
(c) You warrant that in accordance with the POPI Act (Protection of Personal Information Act)
- you have consent from the recipients to receive email messages that will be sent or the message is directly related to the primary purpose for which the customers email accounts was recorded;
- the email will contain accurate information about the Client that authorised the sending of the message and how they may be contacted;
- you authorise a functional unsubscribe facility to allow the recipient to opt out from receiving future email messages. Any opt out received must be honoured within five (5) business days.
(d) You warrant that in accordance with the SPAM Act 2003 (Cth):
- you have consent from the recipients to receive SMS messages that will be sent and is therefore not an unsolicited commercial electronic message as defined by section 6 of the SPAM Act 2003 (Cth) (SPAM Act);
- the SMS will contain accurate information about the Client that authorised the sending of the message and how they may be contacted;
- you authorise a functional unsubscribe facility to allow the recipient to opt out from receiving future SMS messages. Any opt out received must be honoured within five (5) business days.
- Social Media Management (SMM)
(a) Our Social Media Management services may include:
- social media review, analysis and strategy development;
- social media campaigns, blogs, content creation, client engagement and/or profile management for Facebook, Twitter, LinkedIn or other social media platforms;
- social media analytics;
- social media policy.
(b) You will provide the access to your social medial accounts or permission for us to set up accounts on your behalf.
(c) If Fuse Factory is not engaged to perform response management, Fuse Factory will not be held responsible for repercussions of any negative feedback provided on social media by third parties.
- Search Engine Optimisation (SEO)
(a) Our Search Engine Optimisation services may include
- on page optimisation;
- content generation;
- link building.
(b) Fuse Factory requires full access to your website to be able to perform SEO duties.
(c) You acknowledge that the Google and other search engines algorithms are constantly changing and evolving and that Fuse Factory has no control over these changes.
- Online Advertising
(a) Our Online Advertising services may include:
- Search Engine Marketing (SEM);
- Social Media Marketing (SMM);
- Pay-Per-Click (PPC).
(b) Unless otherwise agreed, Fuse Factory will utilise our professional account/s to engage the appropriate third party provider e.g. Facebook, Google, Instagram
(c) The agreed monthly online advertising costs (also referred to as media buying) will be invoiced and automatically paid by direct debit at the beginning of the each month. The first month management fee and ad spend is payable in full before the setup of your Google AdWords accounts will begin.
The Management Fee for your Google AdWords account will be charged in advanced on a monthly basis.
Fuse Factory will pay the ad spend directly to Google for the campaign, no percentage of this spend will be taken for Fuse Factory.
Fuse Factory reserves the right to stop managing your Google AdWords account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Fuse Factory monthly management fee will stop immediately and no further payments will be charged.
This is a 3 month contract. You can suspend or cancel your management of your AdWords accounts after this 3 month period is complete, thereafter we will require 1 month calendar notice in writing .
Please note that if you wish to pause your management of your AdWords accounts then your Google advertising must also be paused (which we will arrange).
Upon cancelling management, all amounts owing to Fuse Factory will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
Fuse Factory reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
By entering this Agreement with Fuse Factory you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
Fuse Factory will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
You can pause your management services for up to 4 weeks. A pause that extends longer than this period will become a cancellation and 30 days’ notice to cancel will apply.
These Terms and Conditions can be modified at any time by Fuse Factory. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes. By paying the initial deposit, you agree to the Terms & Conditions on this page.
(e) Actual media buying costs may vary from month to month depending on the level of activity, campaign requirements, length of the month and/or agreed goals. Fuse Factory will endeavour to ensure that the agreed expenditure is expended during the duration of the term period.
(f) The client acknowledges that we source suppliers and placements, but the terms and conditions of those placements are governed by the suppliers.
(g) Fuse Factory retains ownership of all campaigns, advertising accounts (Facebook, Google, Bing, Unbounce etc) and working files. Upon termination of services client access to these accounts, campaigns and services will be removed.
- Strategy and Analytics
(a) Our Strategy and Analytics services may include:
- digital marketing audits;
- digital marketing strategy development;
- digital marketing strategy implementation;
- videos, images, memes, infographics, whitepapers, reports and surveys;
- Google analytics;
- reputation management.
Charges for services to be provided by Fuse Factory (Pty) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Fuse Factory (Pty) Ltd has the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer.
- Client Review
Fuse Factory (Pty) Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Fuse Factory (Pty) Ltd otherwise within fourteen (14) days of the date the materials are made available to the Client. After fourteen (14) days, changes to the design will be charged at an hourly rate.
- Turnaround Time and Content Control
Fuse Factory (Pty) Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Fuse Factory (Pty) Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Fuse Factory (Pty) Ltd.
During the project, Fuse Factory (Pty) Ltd will require the Client to provide website content; text, images, movies and sound files.
Websites need to be completed within a 6 month period, any websites (due to the client) which are not live within this period will need to pay the full outstanding amount due and an activation fee of 10% of the websites total value to continue development.
- Failure to provide required website content:
Fuse Factory (Pty) Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time, your website deadline will be pushed out.
Invoices will be provided by Fuse Factory (Pty) Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%).
If the client would like to utilize one of our monthly payment plans, it is a requirement the client must host the website with Fuse Factory (Pty) Ltd Digital. If the client fails to make payment on any instalment, the website will be taken down after 30 days.
Until full payment has been received all work carried out (copy, photos etc) remains the property of Fuse Factory (Pty) Ltd. Fuse Factory reserves the right to suspend websites, discontinue hosting and remove social media assets and pages for non payment.
Fuse Factory (Pty) Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Fuse Factory (Pty) Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,