Terms

The following terms and conditions apply to all services provided by Just Jax PTY Ltd to the Client.

1. Acceptance

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.

2. Charges

Charges for services to be provided by Just Jax PTY Ltd are defined in the project quotation/proposal that the Client receives via e-mail. Quotations/proposals are valid for a period of 30 days. Just Jax PTY Ltd reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is started on a project. The remaining fifty (50) percent of the project quotation may be split into increments dependent on the scale of the project, this will be outlined in the quotation/proposal. The full remaining total is due upon completion of the work, prior to the release of materials. Scope changes by client during design will result in additional fees being charged.

Payment for services is due by EFT. Bank details will be made available on invoices.

3. Client Review

Just Jax PTY Ltd will provide the Client with an opportunity to review the product and request changes within scope of the quotation/proposal. At the completion of the project, such materials will be deemed to be accepted and approved.

4. Turnaround Time and Content Control

Just Jax PTY Ltd will supply the Client with the required product by the date specified in the project agreement, or at date agreed with Client upon Just Jax PTY Ltd receiving initial payment, unless a delay is required by the means of scope change and agreed by Just Jax PTY Ltd or unless initial payment or interim payments are delayed/defaulted in which case work will be on hold until payment is made.

In return, the Client agrees to delegate a single individual as a primary contact to aid Just Jax PTY Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Just Jax PTY Ltd will require the Client to provide a detailed brief, content, text, images, video and sound files if required.

5. Failure to Provide Required Content

Just Jax PTY Ltd is a small business, to remain efficient we must ensure that work 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 project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Images supplied in Microsoft Word or Powerpoint or the like will not be accepted. Images need to be supplied as individual image files. Text content should be delivered as a Microsoft Word, email (or similar) document or Google drive doc, with the pages in the supplied document representing the content of the relevant sections. These pages should have the same titles as the agreed sections of the project. Contact us if you need clarification on this.

6. Payment

In an adhoc project, full payment is required upon completion, but before providing final files. Invoices are sent via email. Invoices due dates are applied on the invoice. Retainer invoices require monthly payment to be made by the due date on the invoice. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a penalty in the amount of the higher of twenty percent (20%) per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse Just Jax PTY Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, icons etc.

8. Web Browsers

Just Jax PTY Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Edge, Google Chrome). Client agrees that Just Jax PTY Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Just Jax PTY Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Just Jax PTY Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid fifteen (15) days after the due date of invoice will be considered in default. If the Client in default maintains any ongoing projects all work will be placed on hold until payment is made in full. A late payment penalty will be added to overdue invoices that are overdue by thirty (30) days or more. Files will be held and the access removed where applicable until such payment is made. Just Jax PTY Ltd is not responsible for any financial loss incurred due to the removal of access. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Just Jax PTY Ltd late payment penalties and reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Just Jax PTY Ltd in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Termination of any monthly retainer services by the Client must be requested in a written 30 days notice and will be effective on receipt of such notice.

11. Indemnity

Just Jax PTY Ltd services may be used for lawful purposes only. You agree to indemnify and hold Just Jax PTY Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Just Jax PTY Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Just Jax PTY Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Just Jax PTY Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.

14. Design Credit

The Client agrees that the product developed for the Client may be presented in Just Jax Ltd’s portfolio and other marketing materials for Just Jax Pty Ltd.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s consent to begin the project in writing or payment of an advance fee or fee in full, constitutes agreement to and acceptance of these Terms and Conditions.

20. Governing Law

This Agreement shall be governed by The Laws of South Africa.

21. Liability

Just Jax PTY Ltd hereby excludes itself, it’s 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 product;
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 Just Jax 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.

22. Severability

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.

23. Refunds and Cancellations

Payments for design projects are made in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Just Jax PTY Ltd and if applicable, a fee for all work completed beyond what was already paid, for shall be paid by the client.

E&OE.