Terms and Conditions

These terms and conditions apply to all graphic design, logo design, branding, website design and development, website hosting, website maintenance and updates, domain management, search engine optimisation (SEO) and related digital services (“services”) that EersteJan Designs (“I”, “me”, “my”) provides to you, the client (“you”, “your”).

You agree to these terms when you accept a quote, place an order on this website, make a payment, sign a proposal, or use any of my services, including hosting.

The exact services you get are set out in your quote, your order or the package you choose on this website.

• Unless I say otherwise in writing, a quote is valid for 30 days from the day I send it.
• All prices are in South African rand (ZAR).
• Prices marked “from” on this website are starting prices. I'll confirm the final price with you before anything is due.
• Anything you ask for that falls outside your quote or package may be billed separately.

• No design work starts until I've received your payment.
• Invoices must be paid according to the payment terms on the invoice. Please use your order reference when you pay, so I can match your payment to your order.
• Monthly packages (the hosted website packages and the Business Package) are paid every month for as long as the package runs.
• If an account isn't paid, I may pause work in progress, hold back designs and files, and suspend hosting until everything that's due has been paid.

Late payments

Late payments may also attract interest (where the law allows it), administration fees, debt collection costs and reasonable legal costs. Hosting, maintenance, email and any design work can stay suspended until all overdue amounts are paid.

All payments made to EersteJan Designs are non-refundable. This applies to once-off orders and to monthly packages, including the months in a notice period.

That's why I confirm what you need, and the final price, before you pay. If you're not sure a package covers everything, wait until we've spoken before paying.

Nothing in these terms takes away any rights you have under South African consumer law that can't legally be excluded.

• All logo packages include unlimited revisions, so we keep refining until it's right.
• Other work includes a reasonable number of revisions within the scope we agreed.
• Changes beyond the agreed scope, such as a new brief or a completely different direction, are charged at my standard hourly rate. I'll let you know before any extra costs come up.

Most logo and graphic design work is turned around within 24 hours of payment and a complete brief. Websites take longer, depending on the number of pages, and I'll give you a timeline before we start.

Timelines are estimates. If I'm waiting for content, feedback or approval from you, the timeline moves accordingly.

To keep your project moving, you agree to:

• Supply the text, images, logos and other content I need, on time.
• Make sure you have the right to use everything you send me.
• Review drafts within a reasonable time, and give clear, specific feedback.
• Check final designs carefully before you approve them, including spelling, phone numbers, prices and other details. Once you've approved a design, you're responsible for any mistakes in it.

Delays caused by missing content or slow replies may mean new delivery dates.

• All designs, code and files I create remain my property until your account has been paid in full.
• Once you've paid in full, the final approved designs are yours, with print- and web-ready files. Websites on a monthly hosted package work differently; see section 9.
• You confirm that the material you supply (text, photos, logos and anything else) doesn't infringe anyone else's rights, and you agree to cover any claims, damages or costs that arise if it does.

Once-off websites (Website Package One)

• Once the final payment has been received, the website files belong to you.
• You're free to host your website with any hosting provider.
• Future upgrades, security updates and support aren't included unless we agree on them separately.

Hosted websites (Website Packages Two and Three)

• I design, develop and host your website, and it stays on my hosting accounts.
• You pay a monthly fee that covers hosting and ongoing management.
• The website's source files and databases aren't handed over while the hosting agreement is active.
• If you end the hosting agreement and your account is fully paid, I may provide the website files, but only if we agree on it in writing.

This applies to hosted websites (Website Packages Two and Three) and to the Business Package.

• To cancel, give me three (3) calendar months' written notice.
• Notice is only accepted in writing, by email to ek@eerstejan.co.za.
• The monthly fee stays payable for the full notice period.

Stopping without notice

If you ask for a package or hosting to stop immediately, without giving the full notice or while money is still owed:

• I may take the website offline and remove its files from my servers.
• Email accounts that run on the same hosting may be suspended.
• I won't approve a domain transfer until your account is fully paid.
• Website code, databases and backups will be held back until your account is clear.

Hosting

Websites are hosted on reputable third-party hosting infrastructure. I work to keep your website stable and online, but I can't guarantee uninterrupted service, and I'm not liable for losses caused by:

• Hosting downtime
• Server hardware failures
• Internet outages
• Faults on third-party platforms
• Data centre interruptions
• Domain registry outages
• Scheduled maintenance
• Events outside my control (see section 13)

Domain names

• Where I register or manage a domain for you, the domain belongs to you, as long as all amounts due have been paid.
• I'll help you transfer your domain once your account is clear. Outstanding amounts must be settled before any transfer is approved.

Suspending a website

I may suspend a website immediately if hosting fees are unpaid, these terms are breached, illegal or harmful code is found on it, or it puts the server's security at risk.

Backups

I take reasonable steps to keep reliable backups, but I can't guarantee that stored data will always be available or recoverable. Please keep your own copies of your website content and media.

I'm not liable for outages or problems caused by third-party tools and services, including hosting companies, domain registrars, payment gateways, Google services, Microsoft services, social media platforms, plugins, themes and third-party APIs.

I don't guarantee search engine rankings, SEO results, website traffic, leads, sales, or how quickly search engines index your website. Rankings are decided by the search engines' own algorithms.

• I'll deliver all services with reasonable professional skill and care, to modern design standards and with careful development practices.
• Apart from the warranties South African law requires, all other warranties are excluded.
• To the fullest extent the law allows, my total liability is limited to the amount you paid for the specific service in dispute.
• I'm not liable for loss of profit, indirect or consequential losses, business interruption, data loss or outages.

Things outside my control

I'm not liable for delays or failures caused by events outside my control, including natural disasters, load shedding and other power outages, broken data cables, civil unrest and strikes.

We both agree to keep each other's confidential business information, project details and pricing private, unless the law requires otherwise.

I handle all personal information, contact details and client files in line with the Protection of Personal Information Act (POPIA), and I only use your information for purposes directly related to providing my services.

This website uses Google Analytics, which sets cookies to help me understand how visitors use the site, and a cookie that remembers your language choice. To ask what information I hold about you, or to have it corrected or deleted, contact me.

• I may update these terms from time to time. The latest version on this website applies to all new projects and services.
• These terms are governed by the laws of the Republic of South Africa, and we both agree to the jurisdiction of the South African courts.
• By accepting a quote, placing an order, making a payment, signing a proposal or using my hosting, you confirm that you've read, understood and accepted these terms.

Business name

EersteJan Designs

Website

www.eerstejan.co.za

Email

ek@eerstejan.co.za

Phone / WhatsApp

067 324 3071

Physical address

Bayview, Hartenbos, 6520

Questions about these terms? Send me a message and I'll gladly explain anything.