This document sets out the terms and conditions of the working relationship between Fiate Lux Creative Design and the client and all projects or services that we may be contracted to produce or provide for the client will be subject to the terms and conditions of the relationship entered into between the parties.

Please read these Terms of Use carefully before using the  https://fiate-lux.co.za website (the “Service/s”).

Fiate Lux is operated by Storm West (Pty) Ltd Trading as Fiate Lux Creative Design Reg No.2016/442082/07 (“us”, “we”, or “our”). The service provider will hereinafter be referred to as “Fiate Lux” in any Terms and Conditions set out going forward. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service provided and its original content, features and functionality are and will remain the exclusive property of Fiate Lux and its licensors until full payment is received from the client and is handed over.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Fiate Lux. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

You agree to indemnify, hold harmless and defend at your own expense us from and against any and all Claims for infringement of copyright, patents, trademarks, industrial designs or other intellectual property rights issued under the laws of any country where:

• the copyright, patents, trademarks, industrial designs or other intellectual property were provided by you; or
• you represented, expressly or impliedly, that the copyright, patents, trademarks, industrial designs or other intellectual property were your intellectual property; or
• you had asked us to download or otherwise copy or access or use the copyright, patents, trademarks, industrial designs or other intellectual property.You further agree not to provide us with any item nor ask us to download/access/copy/use any item, including but not limited to images, software, computer code and written material, unless you have the legal right to use those items for the purpose our work relates to.

The parties acknowledge that in connection with these terms and conditions, either party may receive certain confidential or proprietary technical and business information and materials from the other party, including all art work, concepts, sketches, visual presentations or other preliminary designs and documents. Both parties shall hold and maintain in strict confidence all confidential confirmation and shall not disclose this information to any third party, nor shall they use any confidential information unless permission is given.

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:

• Name
• Email address
• Business name
• Website address
• Telephone number

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Termination

We may terminate or suspend access to our Service immediately and including the agreed contract, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

Should you wish to terminate the service agreed upon, any monies paid will not be refundable.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Fiate Lux reserves the right, at our sole discretion to modify or replace these Terms and Conditions at any time. If any changes are material we will endeavour to provide sufficient notice of these changes. What constitutes a material change will be determined at our sole discretion.

Quotations

All quotations submitted by Fiate Lux in terms of the client’s project specifications, will remain valid for acceptance for a period of 30 days from the date of the quote. Should this quote not be accepted within the 30 day period or no written request for any alteration or extension be received from the client, the quote will expire.

All quotations are submitted on the condition that the content, text, images and relevant information necessary to design the website will be supplied by the client to Fiate Lux unless otherwise agreed upon. Any additional Images, info graphics or illustrations that cannot be sourced within Fiate Lux’s resources or online stock Libraries, will need to be purchased by the client directly.

Fiate Lux will accept a request to amend a quote if the request is given prior to the expiry date of the original quote.

All quotations are prepared taking into account the specific technical requirements of each project  and, as such, we reserve the right to amend any quote should the project’s specifications change, or if it becomes clear that the project specifications which were originally communicated were not originally provided in a clear and correct manner by the client at the time of requesting a quote.

Should a client not be able to provide a detailed project specification for the work to be done, Fiate Lux reserves the right to quote and to bill for their initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project. Such research and planning shall be billed according to our standard hourly rate.

The client will receive a quote via email that will take them to a link where they can accept or decline the quote digitally within the 30 day period the quote is active for. No project will commence until a formal acceptance is received and agreed upon. By signing and accepting the aforesaid quote you agree to all the Terms and Conditions set out by Fiate Lux.

Deposit and confirmation of order


On formally accepting a quote issued by Fiate Lux, the client shall be responsible for the payment of a 50% deposit of the total amount quoted.

No project will commence until the 50% deposit has been paid into our account and the funds are reflected as clear by ABSA bank. In the event that a client causes a delay in the commencement of the project by failing to make the appropriate 50% deposit payment, Fiate Lux shall not be held responsible for an increase in the quotation due to loss of other project opportunities and should the project deadlines not be met.

Website Development


Each phase of the project, as specified in the quotation, will require a formal written acknowledgement of completion and acceptance. Fiate Lux will not proceed with the next phase of the project without receiving the written approval from the client that the previous phase had been received by the client and the client is happy. Fiate Lux reserves the right to place the project on hold until such approval is given, and accepts no responsibility should a deadline of the project not be met due to the failure by the client to approve the previous phase in a timely manner.

Phase 1

Conceptualising and designing a look and feel based on the client’s brief. This process involves revisions with the client until final sign-off.

Phase 2

Web Development of the site based on signed-off material in phase 1. Small tweaks and revisions are catered for during the build phase. Once the built site has been approved, it will be optimised for tablet and mobile devices.

Phase 3

Sign-off on entire site on a testing server after which the site will be migrated to the client’s hosting servers. All access needs to be shared with Fiate Lux to enable a seamless migration.

It is at this point that the remaining 50% payment and any other outstanding monies billed for is required before the site will be made ‘live’.

Alterations and additions may be requested at any time during a phase of the development of a project and Fiate Lux will determine whether or not such request falls within the scope of the original project brief, specifications and quotation. In the event that the request does not fall within the original brief and specifications, Fiate Lux reserves the right to quote and bill for such alterations and additions separately to the original amount quoted. In this event, we will require written approval from the client before any work commences.

It is also the sole responsibility of the client to provide a project brief, and/or specifications in a detailed, accurate and concise document and Fiate Lux accepts no responsibility for any misunderstanding arising out of a poorly drafted specification document. Fiate Lux reserves the right to charge additional fees for any extra development time incurred as a result of an unclear project brief. Fiate Lux will always endeavour to communicate any points of concern to clarify the brief document to the client to minimise any misunderstandings, but the responsibility still falls on  the client to be clear and concise.

If a project has been left dormant for longer than 1 Month (30 days), Fiate Lux reserves the right to adjust the original cost of the project according to the current hourly rates.

Project deposits are non refundable based on the following:

• Fiate Lux has started the strategy, menu structure, project documentation or design
• Client has not been giving input or feedback on the project deliverable or has placed the project on-hold for longer than an agreed time.

Graphic Design and Printing

Any graphic design and/or printing will only commence once full payment has been received. We do not offer printing services, however this can be outsourced at a handling fee of 20% or alternatively handled directly by the Client.

What are cookies?

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Many websites use cookies and you can find out more about them at All About Cookies.

How we use Cookies

• Allows our website to perform its essential functions. Without these cookies, some parts of our website would stop working.
• Monitors how our website is performing, and how you interact with it. We use them to know how best to improve our website or services.
• We use it to gather information through services like Google Analytics.

If you have any questions about our Terms and Conditions, please contact us at fiatelux@fiate-lux.co.za.