Specific Terms and Conditions
The following Terms & Conditions are a legal and binding document, applicable to all Software and/or Products and/or Services undertaken by V4 Creative (Pty) Ltd for and on behalf of any Client(s) who have duly accepted V4 Creative’s Quotation(s) for any such Software and/or Products and/or Services, and therefore authorised V4 Creative to render the aforementioned Products and deliver said Services. V4 Creative provides all software and/or Products and/or Services under the understanding that the Client has agreed to V4 Creative’s Terms and Conditions.
Last updated: July 2022
Standard Business Terms
1. Agreement
- V4 Creative reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
- It is the Client’s responsibility as a diligent user to check any amendment posted on the website.
- If the Client object to any amendment, the Client may terminate the relationship with V4 Creative under clause 6.
2. Client Status
- The Client may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
- If a person enters into our Agreement:
- in a representative capacity on behalf of a Client who is an incorporated entity;
- on behalf of an unincorporated entity; or
- in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies V4 Creative against any loss or damage that V4 Creative may sustain resulting from the person’s lack of authority; and- all the information supplied to V4 Creative at any time relating to the entity, trust, partnership, association or other people who they represent is true, accurate, and complete.
- V4 Creative reserves the right to treat all misrepresentations by the Client or the person representing the Client as a fraud. The person representing the Client indemnifies V4 Creative against any loss or damage that V4 Creative may sustain resulting from the person’s lack of authority.
- If V4 Creative discover that the Client has fraudulently contracted to receive Services or that the Client’s representative has contracted without the contractual capacity to do so, V4 Creative may end the Agreement or Services immediately without any further notice to the Client and the Client may not claim any restitution or refund of any amount the Client has already paid, regardless of whether the Client has used the Services or not.
- When requested, the Client must give V4 Creative sufficient proof of the authority of the person who takes any action or executes documents on the Client’s behalf for our Agreement. This includes providing proof that the authorised signatory of the Client’s bank account has permission to debit the Client’s account.
- If there is a dispute between individuals or entities the Client are involved with (including partners, shareholders, trustees, employees), v4 Creative may act on the representation of a person claiming to be duly authorised to represent the Client, without having to independently verify the authority.
- The Client indemnifies V4 Creative from any action or inaction based on the representation in 2.6. If however, V4 Creative asks the Client to give V4 Creative independent verification of the authority of any individual, the Client must provide it to V4 Creative in a format that V4 Creative find reasonably acceptable.
3. Suspension of Services
- V4 Creative may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services.
- Where circumstances permit, V4 Creative will provide prior notice of any service suspension to Clients. However, V4 Creative will not be held liable for any resulting loss or damage suffered as a result of the Service suspension.
4. Force Majeure
- Should a Party (“Affected Party”) be prevented from fulfilling any of its obligations in terms of this Agreement as a result of an event of force majeure, then:
- those obligations shall be deemed to have been suspended to the extent that and for so long as the Affected Party is so prevented from fulfilling them and the corresponding obligations of the other Party (“Unaffected Party”) shall be suspended to the corresponding extent;
- the Affected Party shall promptly notify the Unaffected Party in writing of such event of force majeure and such notice shall include an estimation of the approximate period for which the suspension will endure. Such estimate shall not be binding on the Affected Party; and
- the duration of this Agreement as well as each period within which and each date by which any obligation is required to be performed in terms of this Agreement shall be extended or postponed, as the case may be, by the period of suspension.
- Should the Affected Party partially or completely cease to be prevented from fulfilling its obligations by the event of force majeure, the Affected Party shall immediately give written notice to the Unaffected Party of such cessation and the Affected Party shall, as soon as possible, fulfil its obligations which were previously suspended; provided that in the event and to the extent that fulfilment is no longer possible or the other Party has given written notice that it no longer requires such fulfilment, the Affected Party shall not be obliged to fulfil its suspended obligations and the Unaffected Party shall not be obliged to fulfil its corresponding obligations.
- Should an event of force majeure continue for more than 180 (one hundred and eighty) days after the date of the notice and notice of cessation not have been given, then the Unaffected Party shall be entitled (but not obliged) to terminate this Agreement by giving not less than 30 (thirty) days’ written notice to the Affected Party to that effect, provided that any such notice of termination shall be deemed not to have been given if a notice of cessation is received by the Unaffected Party prior to the expiry of such 30 (thirty) day period.
- An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of the Affected Party including vis major, casus fortuitous, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control and shortage of transport facilities.
5. Cancellations or Termination of Agreement
- V4 Creative may cancel or terminate any Services on 5 (five) days written notice to the Client.
- The Client may cancel or terminate any Services on 30 (thirty) days written notice to V4 Creative via email to accounts@v4creative.com from an authorised email address. V4 Creative will confirm the Client’s request for termination via return email.
- Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of the Invoice date.
- V4 Creative will only refund Client’s amounts paid, for Software and/or Products and/or Services not delivered in accordance with the initial Agreement(s), or balance thereof in accordance with Terms & Conditions.
- Domain and Hosting Fees are non-refundable, as these are paid in advance.
- If the Client gives V4 Creative notice of cancellation or termination in any manner other than as specified above, the Client may find that the notice was invalidly given and will not have any effect.
- Breach: If the Client breach the Agreement, V4 Creative may, without prejudice to any other rights that V4 Creative may have and without notice to the Client:
- claim immediate payment of all outstanding charges due to V4 Creative,
- terminate or suspend the Client’s use of the Services,
- terminate the relationship with the Client; or
- list the Client with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
- By agreeing to our Terms and Conditions, the Client expressly consents to this.
- In all instances, V4 Creative may retain all Services fees that the Client have already paid and recover all of V4 Creative’s costs associated, including legal costs on an attorney and own client scale (the Client will be liable to pay V4 Creative’s attorneys fees) with the Client’s breach.
- V4 Creative reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
6. Resolving Disputes
- Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
- If informal dispute resolution negotiation fails, V4 Creative may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which V4 Creative may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and the Client must participate.
- The Client cannot make V4 Creative arbitrate. The arbitration will be held in Pretoria and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 (ten) business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
- Either party may only bring a claim against the other in their individual capacity and not as a member of any class.
7. Exclusion and Limitation of Liability
- V4 Creative will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
- This clause will apply even if the Client advised V4 Creative of the possibility of a loss of damage prior to its occurrence.
- The information and/or Software and/or Products, and/or Services included in or available through the V4 Creative website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
- V4 Creative and/or its suppliers may make improvements and/or changes in V4 Creative website at any time.
- Advice received via V4 Creative website should not be relied upon for personal, medical, legal or financial decisions and the Client should consult an appropriate professional for specific advice tailored to the Client’s situation.
- V4 Creative and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, Software, Products, Services and related graphics contained on V4 Creative website for any purpose.
- To the maximum extent permitted by applicable law, all such information, Software and/or Products and/or Services and related graphics are provided “as is” without warranty or condition of any kind. V4 Creative and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, Software and/or Products and/or Services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- To the maximum extent permitted by applicable law, in no event shall V4 Creative and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of V4 Creative website, with the delay or inability to use V4 Creative website or related Services, the provision of or failure to provide Services, or for any information and/or Software and/or Products and/or Services and related graphics obtained through V4 Creative website, or otherwise arising out of the use of V4 Creative website, whether based on contract, tort, negligence, strict liability or otherwise, even if V4 Creative or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Client.
8. Security
- All clients data allocated to the Client is personal to the Client and the Client will be liable for any loss or damage the Client or third parties have suffered because of the Client’s actions or the actions of a person to whom the Client has disclosed client data.
- The Client authorises V4 Creative to act on any instruction given by or purporting to originate from the Client even if it becomes clear that both parties have been defrauded by someone else unless the Client has notified V4 Creative before V4 Creative acted on a fraudulent instruction.
- If any security violations are reasonably believed to have occurred in connection with the Clients account, V4 Creative will investigate and, if necessary, change the relevant client data, including access codes and passwords, and notify the Client immediately.
- The Client must tell V4 Creative immediately if any other person gains access to the clients data, and give V4 Creative the Client’s full co-operation in any investigation V4 Creative carries out.
- The Client indemnifies V4 Creative (hold us harmless) against any claim arising from:
- The Client’s disclosure of the client’s data to a third person;
- the use of the client data by a third person; or
- any resulting action by the Client or a third party.
- V4 Creative reserve the right to take any action V4 Creative finds necessary to preserve the security and reliable operation of our infrastructure. The Client may not do anything (or permit anything to be done) that will compromise V4 Creative’s security.
- V4 Creative have systems in place with the support of xneelo to assist critical technical infrastructure to recover from a natural or human-induced disaster. However, V4 Creative do not specify any recovery time and are not liable for any loss or damage the Client suffer as a result of a disaster. The Client must make backups of their data. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
- V4 Creative will not be held liable for any viruses, hacking, malicious content or any security breaches pertaining to any third-party applications or to the Client’s website.
- V4 Creative’s hosting service provider (xneelo) may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
9. Business Hours
- V4 Creative’s business hours are weekdays (Monday to Friday) from 08h00 until 17h00.
- V4 Creative does not operate over weekends (Saturdays and Sundays) or RSA public holidays.
- V4 Creative management reserves the right to accept or decline any out-of-office urgent requests from Clients.
- If an urgent request is approved by V4 Creative management, an additional out-of-office fee, as well as the time spend on the request, will be charged to the Client.
- Any out-of-office urgent requests which do not form part of a service contract V4 Creative has with their Clients will be charged separately.
10. General
- Entire Agreement: The Agreement constitutes the entire Agreement between the parties.
- No Variation: No changes to our Agreement made by the Client are effective unless in writing and signed by the authorised signatories of both parties.
- Waiver (giving up rights): Any favour V4 Creative may allow the Client will not affect (or substitute) any of V4 Creative’s rights against the Client.
- Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
- Applicable Law: South African law governs our Agreement.
- Survival: Despite the termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.
Service Fees and Payments
Last updated: 7 October 2026
1. Application and agreed payment terms
1.1 These terms apply to all fees charged by V4 Creative, including website design and development, hosting, domain registrations and renewals, technical maintenance, support, content management, software licences, subscriptions and other agreed services.
1.2 The accepted quotation, proposal, service agreement or approved payment schedule will specify the applicable fees, billing frequency, deposit requirements and payment dates.
1.3 V4 Creative must expressly agree to any departure from these payment terms in writing. A Client’s purchase order, internal payment policy or supplier onboarding process does not amend the agreed terms unless V4 Creative expressly accepts the amendment.
1.4 Any mandatory rights or obligations imposed by applicable South African law take precedence over these terms.
2. Pricing and VAT
2.1 All amounts are payable in South African Rand unless otherwise agreed in writing.
2.2 Quotations and invoices will state the applicable VAT treatment and show the total amount payable. VAT will be charged where legally applicable at the prevailing statutory rate.
2.3 The Client must provide accurate billing information, including its legal name, billing address, company registration number, VAT registration number where applicable, and authorised accounts contact.
2.4 Requests to correct billing details do not extend the payment deadline. Where an error by V4 Creative materially prevents payment, V4 Creative will correct the document promptly and confirm an appropriate revised payment date.
2.5 Quotation validity: Quotations are valid for 21 calendar days from the date of issue. Acceptance after this period is subject to V4 Creative’s written confirmation of pricing and availability. V4 Creative may revise or reissue an expired quotation before accepting the work.
3. Invoices and payment dates
3.1 Monthly recurring invoices are ordinarily issued between the 23rd and 25th of each month. Payment must reflect as cleared funds in V4 Creative’s account on or before the last day of the month to which the invoice relates, unless a different payment date has been expressly agreed in writing. The Client must allow sufficient time for payment processing.
3.2 Domain, hosting and maintenance renewal and payment dates
3.2.1 Domains: Domain registrations renew annually on the anniversary of the original registration date. For example, a domain registered on 16 October renews on 16 October each year. The Client may pay annually or through an agreed monthly subscription. Monthly payments do not change the domain’s annual renewal cycle.
3.2.2 Hosting and maintenance: Hosting and maintenance services renew on a month-to-month basis, with payment made either monthly or annually in advance, as agreed with the Client.
3.2.3 Monthly subscriptions: Monthly payments are collected on the same day each month, determined by the subscription commencement date. For example, a subscription commencing on 16 October will be collected on the 16th of each subsequent month.
3.2.4 Annual subscriptions: Annual payments are collected on the agreed annual subscription date and on the same date each subsequent year. For example, an annual subscription commencing on 16 October will be collected on 16 October each year.
3.2.5 The applicable subscription collection dates take precedence over the standard month-end payment date in clause 3.1. Collections continue until cancellation or termination takes effect in accordance with the agreement.
3.3 Project down-payment subscriptions are collected on the same date each month, determined by the date on which the Client originally completed the subscription setup, for the agreed number of payments. A failed or missed collection does not count as a completed payment or discharge the outstanding amount.
3.4 Annual subscriptions, domain renewals, once-off services and other charges are payable by the dates stated in the applicable accepted quotation, agreement or invoice, subject to any expressly agreed subscription or payment schedule.
3.5 Any earlier invoicing or proposed payment arrangements during V4 Creative’s annual closure will be communicated in advance. Earlier issue of an invoice does not, by itself, change an agreed payment or subscription collection date. Any change to a contractual payment date requires agreement where applicable.
3.6 The Client must monitor its designated billing email address, including its spam or junk folder, keep its billing contact details current, and notify V4 Creative promptly if an expected invoice has not been received. Non-receipt of an invoice does not extinguish an otherwise valid payment obligation.
3.7 Account statements summarise account activity and do not replace individual invoices, change agreed subscription collection dates or extend payment deadlines.
4. Purchase orders and internal approvals
4.1 The Client must disclose any purchase order, vendor registration or invoice submission requirements before authorising work or renewing services.
4.2 Required purchase orders and supporting information must be supplied early enough to allow V4 Creative to invoice correctly and receive payment by the agreed due date.
4.3 Unless expressly agreed otherwise in writing, internal approval delays, unavailable signatories, delayed purchase orders, funding delays or the Client’s payment-run schedule do not extend the agreed payment terms.
4.4 Where a valid purchase order is an expressly agreed prerequisite, V4 Creative may defer commencement, renewal or additional work until it has been received.
5. Payment methods
5.1 Domain registration and renewal, hosting and technical maintenance fees must be paid through V4 Creative’s designated subscription payment platform, currently Paystack, whether the agreed payment frequency is monthly or annually. This subscription payment policy has applied since 1 March 2024.
5.2 Approved project down-payment plans must also be paid through V4 Creative’s designated subscription payment platform, according to the agreed payment schedule and eligibility requirements in clauses 7 and 8.
5.3 EFT is not an accepted substitute for the subscription payments described above unless V4 Creative expressly authorises an exception in writing. An authorised exception applies only to the payment or arrangement specified and does not permanently change the agreed payment method.
5.4 Project upfront payments, separately quoted additional work and other once-off charges that are not included in an approved subscription payment plan must be paid using the payment methods specified in the applicable accepted quotation, agreement or invoice.
5.5 For authorised EFT payments, the Client must use the payment reference specified on the invoice and allow sufficient processing time for cleared funds to reflect in V4 Creative’s account by the agreed due date. Proof of payment does not constitute confirmation that cleared funds have been received.
5.6 Before making payment following any notification of changed banking details, the Client must independently verify those details with V4 Creative using a previously verified contact number. The Client must not rely solely on the contact details supplied in the notification of change.
6. Subscription authorisation and collection
6.1 The Client must complete V4 Creative’s designated payment platform’s subscription authorisation process before the relevant recurring service commences or work under an approved project down-payment plan begins, unless otherwise agreed in writing. Project payment plans are subject to clauses 7 and 8.
6.2 By completing this process, the Client authorises collections for the amounts and frequency disclosed in the accepted subscription or payment schedule. Any changes must comply with the agreement, applicable authorisation requirements and any required notice.
6.3 Monthly subscriptions are collected on the same day each month, determined by the date on which the subscription setup was completed. Annual subscriptions are collected on the corresponding date each year. The applicable collection date must be disclosed during setup and reflected in the agreed payment schedule, consistent with clause 3.
6.4 Project down-payment subscriptions run for the agreed number of payments under clauses 7 and 8. No further scheduled instalments are payable once the agreed total has been settled. A failed or missed collection remains outstanding and does not count as a completed payment.
6.5 The Client must maintain valid payment details and sufficient available funds for each scheduled collection. Expiring, replaced or cancelled payment details must be updated promptly through the designated payment platform.
6.6 Failed collections may be retried in accordance with the authorised payment mandate and the payment platform’s notified procedures. The Client must coordinate any alternative payment with V4 Creative to avoid duplicate collection. Any duplicate payment received will be reconciled and refunded or credited as agreed with the Client.
6.7 Cancelling or revoking a payment authorisation does not itself cancel the underlying service agreement, constitute notice of service cancellation or discharge amounts lawfully due. Service cancellation must follow the applicable cancellation procedure.
6.8 V4 Creative will arrange for future service collections to stop when cancellation or termination takes effect. Any outstanding amounts or final adjustments remain payable and may only be collected through the platform where covered by a valid authorisation; otherwise, they will be invoiced for payment through an authorised method.
6.9 A failed or rejected subscription payment may result in suspension of the affected services in accordance with clause 14, subject to the applicable notice and remedy requirements. The services affected, consequences of suspension, continuing payment obligations and requirements for restoration are detailed in clauses 14 to 17.
7. Project payment options and commencement of work
7.1 Project fees are payable using one of the following options, as selected in the accepted quotation and confirmed in the agreed payment schedule:
a. Single upfront payment: The full quoted amount is payable before work commences.
b. Three-month payment plan: Available for qualifying project quotations of R4,000 or more, including applicable VAT. The quoted amount is payable over three monthly instalments. Subscription payment is compulsory.
c. Six-month payment plan: Available for qualifying project quotations of R7,000 or more, including applicable VAT. The quoted amount is payable over six monthly instalments. Subscription payment is compulsory.
All instalment arrangements are subject to clause 8.
7.2 For a three-month or six-month payment plan, the first instalment constitutes the project deposit and must clear before work commences. The remaining instalments are collected monthly on the subscription collection date established under clause 6. Instalment amounts and any applicable charges must be disclosed in the accepted quotation and payment schedule.
7.3 Work will be scheduled once the full upfront payment or first instalment has cleared, the compulsory subscription has been activated where applicable, and the necessary approvals, information and materials have been received. Commencement dates remain subject to the agreed project schedule and studio availability.
7.4 Instalment dates are determined by the agreed payment schedule and are not dependent on project milestones, completion or launch. Project completion before the final instalment does not discharge the remaining payments. Client delays in providing content, feedback, approvals or other required information do not automatically postpone instalments. Any revised payment arrangement must be expressly agreed in writing.
7.5 A project under an active payment plan may proceed to launch before the final instalment where permitted by the accepted quotation or project agreement, provided all payments due at that stage have cleared. Launch does not change the remaining payment obligations or constitute final project handover. Final handover of the project deliverables, files and administrative access specified in the accepted quotation or project agreement will take place only once the payment plan has been completed and all amounts due for the project have been paid in full and cleared.
7.6 A failed or missed instalment will result in the applicable action under clause 14, which may include pausing project work, deferring launch or suspending affected services, subject to applicable notice and remedy requirements. Revised project dates will depend on payment clearance and studio availability.
7.7 Where a project is divided into phases, each subsequent phase will be quoted separately after completion of the preceding phase. Each phase requires separate approval and its own payment arrangement. Each separately quoted phase must independently meet the eligibility requirements in clause 8. Where a payment plan is selected, a separate subscription must be established for that phase.
7.8 Additional requirements outside the approved scope identified while a project is in progress and its payment plan remains active will be quoted separately. The additional quotation must be approved and paid in full before the additional work is incorporated into the project. These charges will not be added to the existing payment plan or qualify for a separate instalment plan, irrespective of their value. The existing payment plan remains payable according to its agreed schedule. Any resulting changes to scope or delivery dates will be confirmed in writing.
8. Instalment arrangements
8.1 Instalment payment plans are available only for project work. They are not available for ongoing support, hosting, maintenance or other recurring service fees, which remain payable under the applicable service agreement. Monthly or annual recurring service subscriptions are distinct from project instalment plans.
8.2 Project payment-plan eligibility is determined by the total accepted quotation amount, including applicable VAT:
a. Below R4,000: Payment must be made in full before work commences.
b. R4,000 or more: The Client may select a three-month payment plan.
c. R7,000 or more: The Client may select either a three-month or six-month payment plan.
Full upfront payment remains available for all projects. Each separately quoted project phase is assessed independently against these thresholds. Additional work covered by clause 7.8 remains payable in full and is not eligible for a separate payment plan.
8.3 An eligible payment plan must be selected before work commences and confirmed in the accepted quotation and agreed written payment schedule. Subscription payment is compulsory unless V4 Creative expressly authorises an exception under clause 5.3. The first instalment must clear before work commences.
8.4 The payment schedule must specify:
a. The full upfront price of the approved work, including applicable VAT.
b. The selected payment period and number of instalments.
c. The first instalment, which constitutes the deposit required before work commences.
d. The balance payable after the first instalment.
e. The amount of each subsequent instalment and the applicable collection dates.
f. Any interest, finance or administration charges, where applicable, and the total amount payable under the plan.
8.5 Any applicable interest, finance or administration charges must be expressly disclosed and accepted before the payment plan commences and must comply with applicable law. No such charge applies merely because the Client selects a payment plan unless it forms part of the accepted arrangement.
8.6 Instalments remain payable on the agreed collection dates independently of project progress, completion or launch, as provided in clause 7.4. Any extension, rescheduling or other change to the payment plan requires V4 Creative’s express written agreement.
8.7 A failed or missed instalment will be dealt with under clauses 6.9, 7.6 and 14. Repeated payment failures may result in termination in accordance with clause 15, subject to applicable notice and remedy requirements. Suspension or termination does not, by itself, make every remaining instalment immediately payable.
8.8 V4 Creative may demand immediate payment of the remaining balance only where expressly permitted by the accepted written payment arrangement and applicable law, and after following any required notice and enforcement procedures.
8.9 Each separately approved project phase requires its own payment arrangement and, where an instalment option is selected, its own subscription, as provided in clause 7.7. Additional work outside the approved scope must be quoted and paid for separately in accordance with clause 7.8 and will not be added to an existing payment plan.
8.10 Completion of the payment plan requires all agreed instalments and other amounts lawfully due for the project to have cleared. Final project handover remains subject to clause 7.5.
9. Additional work, support and urgent requests
9.1 Work outside an accepted project scope or the services and support hours included in an ongoing service agreement requires separate written approval and will be billed separately.
9.2 Clients without an ongoing service agreement must submit ad hoc requests to sales@v4creative.com, providing their full requirements. V4 Creative will assess the request and provide a quotation. Once the quotation has been accepted, the Client will be invoiced. Full payment must clear before work commences, unless the work qualifies for an approved project instalment plan under clause 8.
9.3 Instalment plans are available only for qualifying project work: three-month plans for accepted quotations of R4,000 or more, and six-month plans for accepted quotations of R7,000 or more, including applicable VAT. Ongoing support, hosting and maintenance fees do not qualify. Ad hoc support or maintenance does not qualify solely because the quotation meets a monetary threshold. All eligibility and subscription requirements in clause 8 apply.
9.4 Additional requirements outside an approved project scope, identified while the project is in progress and its payment plan remains active, will be quoted separately. The additional quotation must be accepted and paid in full before the work is incorporated into the project. These charges will not be added to the existing payment plan or qualify for a separate instalment plan, irrespective of their value, in accordance with clause 7.8.
9.5 For clients with an ongoing service agreement, requests outside the included services or support allocation will be assessed and quoted separately, or billed at a rate already agreed in writing. Any required advance payment and effect on delivery dates will be confirmed before the additional work is authorised. Ongoing support and maintenance charges remain payable in full under the applicable payment terms.
9.6 The applicable hourly rate, minimum billing increment and any urgent or overtime charges must be disclosed before the Client authorises the work. Where a fixed quotation applies, V4 Creative will obtain approval for any scope change that increases the quoted amount before proceeding.
9.7 An urgent request does not guarantee immediate availability or acceptance. V4 Creative will confirm availability, the agreed scope, applicable charges, payment requirements and estimated delivery timeframe before accepting the request. Any required advance payment must clear before work commences.
9.8 Included support hours, covered activities, request procedures, response times and any rollover arrangements are governed by the applicable service agreement. Requests exceeding that allocation or falling outside the covered activities are subject to the additional-work provisions above.
9.9 Approved additional work may affect the project schedule or delivery dates. V4 Creative will confirm any resulting changes in writing. Approval of additional work does not amend an existing instalment schedule unless expressly agreed in writing in accordance with these terms.
10. Third-party expenses and renewals
10.1 Third-party expenses may include domain registrations and renewals, hosting infrastructure, software, platforms, plugins, licences, advertising, stock assets and other approved purchases made for the Client.
10.2 Third-party expenses are payable in full before the purchase or renewal is processed, unless expressly included in an approved project payment arrangement, an agreed recurring service subscription or another written arrangement. V4 Creative is not obliged to advance these costs on the Client’s behalf.
10.3 Many third-party software, platform and licence fees are priced in US Dollars or other foreign currencies. The Rand cost of these purchases and renewals is therefore subject to exchange-rate fluctuations, supplier pricing and applicable currency-conversion or transaction charges.
10.4 The quotation or renewal notice will specify whether a foreign-currency expense is charged as:
a. A fixed Rand amount valid for the quotation’s stated validity period; or
b. An estimated Rand amount, subject to adjustment using the exchange rate applied by the bank or payment provider when the transaction is processed, together with any disclosed conversion or transaction charges.
Where an estimated amount increases, V4 Creative will obtain the Client’s written approval and any required additional payment before proceeding. Any excess advance payment will be reconciled and credited or refunded as applicable. An accepted fixed Rand quotation will not be adjusted solely because the exchange rate subsequently changes.
10.5 Third-party renewal costs may differ from the original purchase price or previous renewal amount because of exchange-rate movements, supplier price increases, changes to the selected plan, or the expiry of promotional discounts. V4 Creative will communicate the applicable renewal amount before processing the renewal. Any separately charged handling or administration fee must be disclosed in advance.
10.6 Where a third-party surcharge or late charge arises directly from the Client’s payment default, V4 Creative may recover the reasonable, documented amount to the extent permitted by law. Costs caused by V4 Creative’s own delay or error will not be passed on to the Client.
10.7 Domain and licence renewal payment deadlines may fall before their expiry or renewal dates to allow sufficient processing time. V4 Creative will communicate the required payment deadline. This processing deadline does not change the domain’s annual renewal anniversary or any agreed subscription collection date.
10.8 Failure to provide the required approval or cleared payment by the communicated deadline may result in expiry, interruption, loss of access, redemption or restoration charges, or loss of domain or licence availability. Renewal or recovery after expiry cannot be guaranteed.
10.9 Third-party purchases and renewals are subject to the relevant supplier’s terms, licence conditions and cancellation or refund restrictions. V4 Creative will disclose material restrictions before purchase where reasonably possible. These restrictions do not override the Client’s mandatory legal rights or V4 Creative’s obligations under its own agreement with the Client.
11. Invoice queries and disputes
11.1 The Client must notify V4 Creative in writing of any invoice query or disputed charge as soon as reasonably possible, preferably within seven business days of receiving the invoice and before the payment due date where reasonably practicable. Queries must be sent to accounts@v4creative.com and identify the invoice number, the specific amount disputed, the reason for the dispute and any relevant supporting information.
11.2 The seven-business-day period is an administrative reporting timeframe. Failure to raise a query within that period does not make an incorrect charge valid or remove any statutory right to dispute it.
11.3 V4 Creative will acknowledge and investigate genuine disputes promptly. Both parties must reasonably cooperate and provide the information needed to resolve the matter.
11.4 An invoice query does not automatically place the entire invoice or account on hold. All undisputed amounts remain payable by their agreed due dates. Internal approval delays, funding delays or requests for extended payment terms do not, by themselves, constitute a dispute about the validity of a charge.
11.5 V4 Creative will not suspend services or pursue debt recovery solely in respect of an amount genuinely disputed on reasonable grounds while the Client cooperates with the investigation and pays all undisputed amounts. This does not prevent action relating to separate unpaid, undisputed charges or other breaches of the agreement.
11.6 Where a disputed amount forms part of an upcoming automated subscription collection, the Client must notify V4 Creative as early as possible so that any available collection adjustment can be arranged. Raising a dispute does not automatically stop a scheduled collection. V4 Creative will confirm the collection arrangements in writing, and any amount collected in error will be reconciled and refunded or credited as appropriate.
11.7 Any agreed adjustment will be recorded through a corrected invoice, credit note or written resolution. Where an amount remains payable following resolution, V4 Creative will confirm the amount and applicable payment date in writing. Any interest or related charges will be assessed in accordance with clause 12 and applicable law; charges attributable to V4 Creative’s billing error will be reversed.
11.8 If the dispute cannot be resolved through the accounts process, it may be escalated to the parties’ authorised representatives and thereafter dealt with under the agreement’s dispute-resolution provisions. Nothing in this clause restricts either party’s access to remedies available under applicable law.
12. Overdue accounts and interest
12.1 An amount becomes overdue when cleared payment has not been received by the agreed payment date, including the applicable subscription collection date under clause 3, subject to applicable law. A failed collection does not automatically extend that date.
12.2 Where agreed and legally permissible, V4 Creative may charge simple interest on overdue amounts at its principal bank’s publicly quoted prime lending rate plus 7.5 percentage points per annum, capped at the maximum lawful rate. The applicable prime rate will be identified on the interest statement or calculation.
12.3 Interest will be calculated daily on the overdue principal amount and charged monthly. It will commence only from the date permitted by the agreement and applicable law, after any required notices or waiting periods. Interest will not be compounded.
12.4 Any monthly equivalent or other disclosure required by law will be provided. All applicable limits on interest, fees and total recoverable charges will apply.
12.5 Genuine invoice disputes will be handled under clause 11. Interest will not be charged on amounts incorrectly billed by V4 Creative, and any related interest already charged will be reversed. Undisputed overdue amounts remain subject to this clause.
12.6 Payment of interest does not replace payment of the overdue principal amount or prevent suspension or termination in accordance with these terms and applicable notice and remedy requirements.
12.7 Acceptance of a late or partial payment does not, by itself, amend future payment dates, waive the remaining balance or establish an ongoing payment extension. Any revised payment arrangement must be expressly confirmed by V4 Creative in writing.
13. Failed payments and recovery charges
13.1 A rejected, reversed or failed subscription payment remains payable and does not automatically extend the agreed payment date. The Client must promptly update any invalid payment details and arrange settlement through the payment method authorised by V4 Creative.
13.2 Failed collections may be retried in accordance with clause 6. The Client must coordinate any alternative payment with V4 Creative to avoid duplicate collection. EFT may only be used where expressly authorised in writing under clause 5.
13.3 Where a payment default requires administrative handling or results in service suspension and subsequent reactivation, a combined handling and reactivation fee of R750 applies, provided it was disclosed and accepted before the relevant arrangement commenced and is reasonable and legally recoverable. Any applicable VAT and the total amount payable must be stated before acceptance.
13.4 The R750 fee may be charged only once for the same payment-default incident. Multiple collection retries for the same scheduled payment do not constitute separate incidents, and reactivation following that incident does not attract a second R750 charge.
13.5 The same underlying cost will not be recovered more than once through overlapping handling, administration, reactivation or recovery charges. Any separate third-party restoration costs must be documented, disclosed and approved where required under clauses 10 and 16.
13.6 No handling or reactivation fee will apply where the failed collection resulted from V4 Creative’s error or a payment-platform failure outside the Client’s control. Charges relating to a genuine invoice dispute will be handled under clause 11.
13.7 Failed payments may result in the actions described in clauses 14 to 16, subject to applicable notice and remedy requirements. Payment of a handling fee does not settle the overdue service fee or project instalment.
13.8 A failed collection, cancellation of a payment authorisation or payment reversal does not itself constitute effective cancellation of the underlying service agreement or discharge amounts lawfully due. Cancellation must follow the applicable contractual procedure.
14. Service suspension
14.1 Grounds and notice
Where an undisputed payment remains overdue, a subscription collection fails, or the Client fails to complete or maintain a compulsory subscription authorisation, V4 Creative will apply the relevant suspension measures below, subject to applicable notice and remedy requirements.
Before suspension, V4 Creative will issue written notice identifying the default, the action required to remedy it, the affected services and the proposed suspension date. Genuine invoice disputes will be handled under clause 11.
14.2 Hosting suspension
Suspension of a hosting account will have the following consequences:
a. The hosted website will be offline and unavailable.
b. Email accounts linked to and provided through the suspended hosting account will stop working. Sending, receiving and accessing email may be interrupted, and incoming messages may be rejected or fail to reach the recipient.
c. Other services dependent on the suspended hosting account may become unavailable.
d. Restoration requires settlement of overdue undisputed amounts, correction or completion of the required subscription authorisation, and payment of the applicable R750 handling and reactivation fee under clause 13. This fee is additional to overdue service fees but will not be charged twice for the same payment-default incident.
e. Restoration is subject to clause 16. Payment does not guarantee immediate restoration or recovery of emails that were rejected or not delivered during suspension.
14.3 Technical maintenance suspension
During suspension of technical maintenance, V4 Creative will stop performing the back-end upkeep, updates, bug fixes and other maintenance activities included in the affected service agreement.
Without ongoing maintenance, the website may develop faults, security vulnerabilities or compatibility problems and may malfunction or become unavailable. Suspension of maintenance does not, by itself, mean that hosting has also been suspended.
14.4 Website faults following maintenance suspension
Where a website develops faults or becomes unavailable because maintenance was suspended due to non-payment or failure to complete the required subscription authorisation, V4 Creative’s technical team must first undertake a Once-Off Website Health Audit (Back-end Care) before confirming the remedial work required and whether normal maintenance can resume.
a. The audit costs R4,502.00 excluding VAT. The quotation and invoice will show applicable VAT and the total payable.
b. The audit must be approved and paid in full before it commences. It is not eligible for a project instalment plan under clause 8.
c. The audit will assess the website’s condition, identify faults and determine the work required for restoration. Any remedial work expressly included in the accepted audit quotation will be performed as part of that service.
d. Repairs, replacement licences, third-party services or other work outside the accepted audit scope will be quoted separately and require approval and payment before proceeding.
e. The audit fee is separate from overdue maintenance fees and the applicable handling and reactivation fee. It applies only where the technical assessment described above is required, rather than automatically to every maintenance suspension.
f. Where maintenance alone was suspended, restoring the website means addressing the relevant technical faults; it does not mean that V4 Creative necessarily disabled the website.
14.5 Domains and renewals
A failed payment does not itself cancel an existing domain registration. However, where required renewal payments remain unpaid, V4 Creative may withhold renewal, subject to the agreement and applicable notice requirements.
Expiry may interrupt the website, email and other domain-dependent services. Redemption or recovery charges may apply, and continued availability or recovery of the domain cannot be guaranteed. Domain renewal and payment arrangements remain subject to clauses 3 and 10.
14.6 Projects under instalment plans
Where a project instalment remains unpaid, V4 Creative may pause work, defer launch and withhold final project handover in accordance with clause 7.
Suspension of an already launched project website for unpaid project instalments must be expressly provided for in the accepted project agreement and identified in the suspension notice. Unrelated, fully paid services will not automatically be suspended.
14.7 Support and other services
Support, content management and other affected services may be paused during payment-related suspension. Requests will resume only once the applicable restoration requirements have been met, subject to studio availability and the relevant service agreement.
14.8 Continuing charges and project dates
Suspension does not itself cancel the agreement or discharge amounts already lawfully due. Any continuing charges must be permitted by the agreement and applicable law, including agreed reserved capacity or unavoidable third-party commitments. V4 Creative will identify the applicable continuing charges in its suspension notice.
Project dates, scheduled work and service response commitments may be revised following suspension, subject to payment clearance and studio availability.
14.9 Restoration, termination and data
Restoration is governed by clause 16. Repeated payment failures and termination are governed by clause 15. Backup availability, data retention and deletion are governed by clause 17 and the applicable hosting or maintenance agreement.
15. Repeated payment failures and termination
15.1 Three separate scheduled subscription payments that fail within a rolling 12-month period constitute repeated payment default under the affected subscription. Multiple retry attempts for the same scheduled payment count as one failure. Failures caused by V4 Creative’s error or a payment-platform failure outside the Client’s control will not count towards this threshold.
15.2 Repeated payment default may result in termination of the affected service or project payment arrangement, subject to written notice, any applicable opportunity to remedy and mandatory legal requirements. Unrelated, fully paid services will not automatically be terminated.
15.3 Subsequent settlement of a failed payment does not remove that failure from the rolling 12-month record. However, termination remains subject to applicable rights to remedy a breach and any written arrangement reached with V4 Creative.
15.4 A warning or termination notice will identify the relevant payment failures, affected agreement or services, outstanding amounts, action required, applicable remedy period and proposed termination date. It will also explain the relevant service, domain and data consequences.
15.5 Where section 14 of the Consumer Protection Act applies, termination for material breach will follow its required written notice and remedy process. V4 Creative will not terminate under that process if the breach is remedied within the legally required period.
15.6 Termination does not extinguish amounts lawfully due. Termination of a project payment arrangement does not automatically make all remaining instalments immediately payable; any acceleration of the balance remains subject to clause 8 and applicable law.
15.7 Reinstatement after termination is not automatic. It is subject to technical feasibility, service availability, settlement of amounts lawfully due and acceptance of a new written service or payment arrangement where required.
16. Restoration of services
16.1 Restoration following a valid payment-related suspension requires:
a. Cleared payment of overdue undisputed amounts relating to the affected service or project.
b. Completion, correction or reactivation of the compulsory subscription authorisation, where applicable.
c. Payment of the R750 combined handling and reactivation fee, where applicable under clause 13. This fee will not be charged again if already paid for the same payment-default incident.
d. Completion of any necessary technical assessment and approved restoration work under clause 14.
16.2 Where the website health-audit requirement in clause 14.4 applies, the Once-Off Website Health Audit (Back-end Care), priced at R4,502.00 excluding VAT, must be approved and paid in full before the audit commences. Any remedial work outside the accepted audit scope will be quoted separately and requires approval and payment before proceeding.
16.3 Any additional restoration work, replacement licence, domain redemption charge or third-party recovery cost will be disclosed and quoted for approval before it is incurred. The same underlying cost will not be recovered twice.
16.4 Restoration depends on technical feasibility, available data and backups, third-party availability and studio capacity. Payment does not guarantee immediate restoration, recovery of an expired domain or deleted data, or delivery of email messages rejected or lost during suspension.
16.5 Once the applicable payment and authorisation requirements have been met, V4 Creative will assess the restoration requirements and provide an estimated timeframe. Any material change to that estimate will be communicated.
16.6 Restoration does not automatically reinstate previous project deadlines or work bookings. Revised dates will be confirmed according to studio availability. Services already terminated are subject to clause 15.7.
17. Data, backups and service continuity
17.1 Suspension, expiry or termination may interrupt website availability, hosted email and other dependent services. Continued non-payment or service termination may eventually result in deletion of hosted files, databases, email and backups, or loss of domain availability.
17.2 Backup scope, frequency, retention periods and restoration services are governed by the applicable hosting or maintenance agreement. A hosting service must not be assumed to include maintenance, unlimited backups or indefinite data storage.
17.3 Before any scheduled deletion following suspension or termination, V4 Creative will communicate the applicable retention period, proposed deletion date and available arrangements for obtaining or transferring Client data, subject to its contractual and legal obligations. Any material third-party retention restrictions will also be communicated.
17.4 Suspension of maintenance includes suspension of any backup activities supplied as part of that maintenance package. Existing backups remain subject to their applicable retention periods and may expire. Any separately contracted backup obligations continue according to that agreement.
17.5 The Client should maintain independent, current copies of business-critical files, website content, databases and email. This responsibility does not reduce any backup, security or data-protection obligations expressly undertaken by V4 Creative or imposed by law.
17.6 V4 Creative will not deliberately delete Client data merely to compel payment. Any deletion will follow the applicable retention policy, contractual notice requirements and law.
17.7 Requests for data export, migration or technical assistance will be assessed against the applicable agreement. Any separately chargeable assistance will be quoted for approval in advance. Project handover remains subject to clause 7.5, without overriding any mandatory rights concerning access to or return of data.
17.8 Once data or backups have been deleted under the applicable retention policy, recovery may be impossible. V4 Creative will not promise recovery where the necessary data, backups or third-party facilities are no longer available.
18. Client cancellation, credits and refunds
18.1 Cancellation requests
Cancellation requests must be submitted in writing to accounts@v4creative.com, identifying the Client, the affected services or domain names, and the requested cancellation date.
V4 Creative will acknowledge the request and confirm the effective cancellation date, final charges and any applicable transfer or data-retention arrangements. Failure to acknowledge a validly delivered notice does not invalidate it.
18.2 Hosting and maintenance
Hosting and maintenance services require 30 calendar days’ written notice of cancellation, whether paid monthly or annually. Services and applicable payment obligations continue during the notice period unless otherwise agreed in writing or required by law.
Cancelling maintenance does not automatically cancel hosting, and cancelling hosting does not automatically cancel domain registration or other separately contracted services. The Client must specify each service to be cancelled.
18.3 Domain renewals
Notice to cancel a domain renewal must be received at least 30 calendar days before the domain’s annual renewal date.
Domain registration renews annually on the anniversary of the original registration date. Monthly domain payments do not change this annual renewal cycle.
Where notice is received less than 30 calendar days before renewal, V4 Creative will confirm whether renewal can still be stopped and identify any unavoidable renewal costs already committed or incurred. Any charge remains subject to the agreement and applicable law.
Cancelling renewal does not itself transfer the domain to another provider or immediately delete the existing registration.
18.4 Subscription cancellation
Cancelling or revoking a payment authorisation does not constitute notice of service cancellation. The Client must follow the cancellation procedure above.
V4 Creative will arrange for future collections to stop when cancellation takes effect. Final adjustments and outstanding amounts will be handled in accordance with clause 6.8.
18.5 Outstanding charges
Cancellation does not remove liability for services properly supplied, authorised work completed, charges applicable during the notice period or lawful, unavoidable third-party commitments.
V4 Creative will provide a final account showing amounts due and any credits or refunds. Amounts will not be recovered twice through overlapping service, cancellation or third-party charges.
18.6 Annual advance payments
Annual advance payments for hosting and maintenance will be reconciled against services supplied up to the effective cancellation date, including the applicable notice period, and any lawful, disclosed deductions.
The unused balance will be credited or refunded as applicable. Annual payment does not, by itself, convert a month-to-month service into a non-cancellable annual commitment.
18.7 Monthly domain payments
Where monthly payments relate to an annual domain registration or renewal already purchased or irrevocably committed for the Client, any remaining amount lawfully payable for that annual registration will be identified in the final account.
Cancelling monthly collections does not, by itself, discharge an existing annual registration obligation. Amounts relating to a future renewal that has not been purchased or committed will not automatically become payable.
18.8 Project cancellation
Where a project is cancelled before completion, V4 Creative will reconcile payments received against authorised work completed, lawful committed costs and any reasonable cancellation charge permitted by the agreement and applicable law.
Neither automatic forfeiture of all payments received nor automatic payment of the entire remaining project balance applies solely because the Client cancels. Any claim for the remaining balance must be supported by the accepted agreement and applicable law.
Project instalments, final handover and any acceleration of an outstanding balance remain subject to clauses 7 and 8.
18.9 Third-party purchases
Domain registrations, licence purchases and other third-party expenses may be non-refundable under the relevant supplier’s terms. V4 Creative will disclose material restrictions before purchase where reasonably possible and identify any non-refundable committed costs in the cancellation reconciliation.
Third-party restrictions do not override mandatory legal rights.
18.10 Refunds and credit notes
Any refund or credit due will be confirmed in writing with the supporting reconciliation. V4 Creative will communicate the processing timeframe and comply with any legally required deadline. A refund due to the Client will not be replaced with an account credit without the Client’s agreement.
18.11 Transfers and data
Cancellation does not automatically include website migration, domain transfer or data-export assistance. Any assistance included in the existing agreement will be provided accordingly; additional technical work will be quoted separately.
Data access, retention and deletion remain subject to clause 17, the applicable service agreement and mandatory legal rights.
18.12 Statutory rights
These cancellation procedures do not restrict any mandatory cooling-off, cancellation, refund or other rights available under applicable South African law. Where a statutory notice period or cancellation procedure applies, it takes precedence over an inconsistent contractual requirement.
19. Fee adjustments
19.1 Annual increases to V4 Creative’s recurring service fees take effect on 1 March each year. V4 Creative will provide at least 30 days’ written notice of any increase, or a longer notice period where required by the applicable agreement or law.
19.2 The notice will identify the revised fee, applicable VAT and effective date.
19.3 Fixed-price project quotations will not be increased for the accepted scope unless a variation is approved or the quotation expressly permits the adjustment.
19.4 Where the agreement permits a recurring fee increase and the Client does not accept it, the Client may cancel the affected service before the increase takes effect, subject to mandatory law and separately agreed third-party commitments.
19.5 Third-party pricing and exchange-rate adjustments are governed separately by clause 10 and are not restricted to the annual adjustment date in clause 19.1.
20. Debt recovery and accounts arrangements
20.1 Unresolved overdue amounts may be referred to a lawfully authorised debt collector or legal practitioner for recovery after applicable notices, remedy periods and procedures have been followed. Genuine invoice disputes remain subject to clause 11.
20.2 The Client is liable only for collection charges, legal costs and other recovery expenses that are reasonable and lawfully recoverable under the agreement, applicable law or an order of a competent court. The same underlying cost will not be recovered more than once, including through the handling and reactivation fee under clause 13.
20.3 Requests for payment extensions, revised payment schedules or settlement arrangements must be submitted in writing to accounts@v4creative.com. Submitting a request does not itself extend a payment deadline or pause an authorised collection, suspension or recovery process.
20.4 Any payment extension, revised schedule, discount, waiver or settlement takes effect only once confirmed in writing by an authorised V4 Creative representative. The confirmation must identify the amounts covered, payment dates and any conditions. All other obligations remain unchanged unless expressly amended.
20.5 An approved alternative payment arrangement must be coordinated with any active subscription to avoid duplicate collections. Changes to automated collections remain subject to the applicable payment authorisation requirements under clause 6.
20.6 Acceptance of a partial payment, temporary payment arrangement or once-off concession does not, by itself, waive the remaining balance or establish an entitlement to future concessions. Any agreed full-and-final settlement must expressly state that it settles the identified debt in full.
20.7 Changes to these terms apply prospectively and must be communicated and accepted where required by the existing agreement and applicable law. Publishing revised terms on V4 Creative’s website does not, by itself, amend an existing agreement or retrospectively authorise new charges.
Domain and Hosting Terms
1. Domain and Hosting Services
- V4 Creative is a registered reseller of xneelo to bring you the best domain and hosting solutions.
- All domain and hosting solutions offered through V4 Creative are bound by the terms of Service of xneelo.
- All technical issues related to hosting are handled directly with xneelo unless otherwise arranged with V4 Creative.
View terms of service below:
2. Domain Name Registration or Transfers via V4 Creative
- All domain registrations and transfer solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Domain Names
3. Website Hosting via V4 Creative
- All hosting solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Hosting
- Hosting via V4 Creative allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after invoice date thereof. Over-usage pricing/rates are explained in the quotes.
- Monthly hosting & yearly domain fees must be paid on or before the last working day of each month unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
- Hosting fees are payable from the date of domain registration, transfer to V4 Creative hosting and if applicable, from the start of website development by V4 Creative.
- Payments not received by the 1st (first) of each calendar month automatically suspend the Client’s hosting Service, thus risk deactivating the Client’s website. This can be waved at the sole discretion of V4 Creative, without giving up any rights as per the terms and conditions.
- A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
- Hosting fees not received for 3 (three) consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
- V4 Creative reserves the right to suspend the Client’s Services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
- Hosting cancellations are only accepted in writing or e-mailed to accounts@v4creative.com, on or before the 1st (first) of the new calendar month as it carries a calendar month notice period.
- All outstanding payments must be paid up to date before the Client’s Hosting Services will be terminated with V4 Creative, thus enabling release to transfer to a Third Party Hosting Service Provider.
- V4 Creative uses the world’s leading WordPress platform. V4 Creative cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
- Should there be any website downtime, due to reasons outlined above, V4 Creative will do everything they can to resolve the situation.
- Should the hosting be cancelled as stipulated above, the onus will be on the Client to migrate/transfer the site and all its content. Should the client prefer that this be managed by V4 Creative, this can be arranged. Time spent by V4 Creative will be billed to the Client.
- Hosting via a Third Party Service Provider.
- If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
- V4 Creative will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with v4 Creative.
- All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
- V4 Creative will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of V4 Creative.
4. Web Hosting Migration and Transfers
Web hosting migration/transfers to V4 Creative through Xneelo:
- V4 Creative will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as V4 Creative does not have control over the status of hosting, domain renewals or e-mails when not hosted with v4 Creative through xneelo.
- V4 Creative is under no obligation to assist, access or manage any domain and/or hosting and/or website and/or email data of any kind that is not hosted with v4 Creative through xneelo.
- It is the Clients’ sole responsibility to arrange for a full backup via the Client’s Third Party Hosting Service Provider before attempting to migration/transfers to V4 Creative through xneelo.
- V4 Creative is only allowed to receive the full backup data from the Client, in order to set up hosting through xneelo.
- V4 Creative will not be held liable for any resulting loss or damage of data received by the Client or during transfer or upload of data onto xneelo hosting services.
- V4 Creative will however assist by consulting the Client on during the migration/transfer steps. This time may be billed to the Client at the discretion of V4 Creative.
5. Email Services
- All email solutions offered through V4 Creative are bound by the Specific Terms of Service of xneelo: Specific Terms: Email
- V4 Creative can not be held responsible for delays outside of their control, including but not limited to equipment failure, third-party hosting services, and internet connections.
- V4 Creative can not be held responsible if there is any incompatibility between xneelo systems and any other third-party application.
- Where circumstances permit, V4 Creative will provide prior notice of any email service suspension to Clients. However, V4 Creative will not be held liable for any resulting loss or damage suffered as a result of the email service suspension.
- V4 Creative will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from email support.
Website Design Terms
1. Project Specification
- The Client must supply the project specifications to V4 Creative in order for V4 Creative to issue an accurate and binding Quotation.
- If the Client requires further assistance and/or research and/or investigation with the creation of project specifications, V4 Creative can assist the Client. The time spent on assistance and/or research and/or investigation may be billed to the Client at the discretion of V4 Creative.
- V4 Creative will identify and respond to all queries within 12 (twelve) to 24 (twenty-four) hours of receipt thereof. Implementation will depend on the complexity of the scope of work and/or request.
2. Use of Communication Services
- Telephonic, Skype, Google Meet, TeamViewer, Microsoft Teams, or email queries (support@v4creative.com) will be responded to free of charge for confirmed Clients according to Terms & Conditions.
- All support and/or urgent related matters are to be reported to V4 Creative via the following email address: support@v4creative.com
If the Client requests any support and/or urgent matters in any manner other than as specified above, the Client may find that the support and /or urgent request was invalidly given and will not have any effect. - Physical and online training and consultation meetings will be charged at the discretion of V4 Creative, in accordance with these Terms and Conditions, quoted and agreed to.
3. Quotation
- Upon a Client accepting the V4 Creative quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
- Quotations are valid for 14 (fourteen) calendar days from the documented date on the quotation.
- The Client acknowledges acceptance of the quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to V4 Creative’s stipulated bank account details as provided on the invoices. Clients can be billed in other currencies if agreed by both parties.
- Software and/or Products and/or Services as described in the quotation will only commence, once the Client’s deposit has been confirmed as received by V4 Creative.
- Deposit(s) are non-refundable unless V4 Creative, at their sole discretion, decide otherwise. The decision by V4 Creative is based on the factors surrounding the project in question and is non-negotiable.
- V4 Creative commit to working expeditiously to complete the quoted Software and/or Products and/or Services within the project specifications and time-frames indicated as per the quotation(s).
- V4 Creative can not be held responsible for delays outside of their control, including but not limited to equipment failure, third-party hosting services, and internet connections.
- V4 Creative endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
4. Required Documents
- Required documentation refers to any and all information necessary for the timeous commencement and delivery of Software and/or Products and/or Services as described in these Terms and Conditions and indicated by the project specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, et cetera.
- The Client is to provide all required documentation electronically to V4 Creative, to initiate work on the aforementioned quoted Software and/or Products and/or Services, unless they are to be created as part of the project.
- The Client’s quoted and accepted Software and/or Products and/or Services will only be queued and allocated accordingly, after compliance with Terms & Conditions, unless agreed otherwise in writing.
- If the Client does not supply V4 Creative with the required documentation within 20 (twenty) calendar days from the invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with V4 Creative.
- If the Client still has not submitted or provided all the required documentation within 45 (forty-five) calendar days from the invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
5. Infringement and Copyright
- V4 Creative will defend, at its expense, a third party claim that any Service or deliverable V4 Creative has provided infringes South African copyright. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or Services to a third party or failure to use enhancements supplied by V4 Creative or information, documents, facilities or Products which are supplied by the Client for the purposes of the Software and/or Products and/or Services. This indemnity constitutes the Client’s sole and exclusive remedy and V4 Creative’s entire liability with respect to any deliverable or Service infringing any third party rights.
- The Client has to ensure they have the copyright for all material supplied.
- V4 Creative, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s Software and/or Products and/or Services, will not be liable or held responsible for any copyright disputes.
- If and when V4 Creative are informed that material was provided without the required copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
- V4 Creative does not take any responsibility for any and all content supplied from the Client without proper copyright whatsoever.
6. Intellectual Property Rights
- The Client must comply with all laws that apply to any intellectual property.
- The Client must get V4 Creative’s prior written approval before using any of V4 Creative’s marks.
- The Client grant V4 Creative non-exclusive licence to use the Clients marks so that V4 Creative may exercise our rights or fulfil our obligations under our Agreement.
- Other than as specifically provided for in our Agreement, V4 Creative retain all Intellectual Property Rights employed in or otherwise related to V4 Creative’s Products and/or Services, business and the provision of any of the Services under our Agreement.
7. Trademarks
- The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
- The following will not be endorsed by V4 Creative:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divinations.
- Photos without permission or knowledge.
- Offensive material.
8. Graphic Images, Photographs and other Media
- Unless otherwise specified in the quotation, the Client shall supply all graphic images to be published in accordance with the specified Software and/or Products and/or Services.
- Graphic images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the V4 Creative team as required.
- Photographs supplied by the Client must be of high digital quality and applicable format. The format can be confirmed with the V4 Creative team as required.
- Stock photos and/or stock audios and/or stock videos are not included in any of the Software and/or Products and/or Services that V4 Creative offers. A separate quotation will be provided upon request from the Client.
9. Printing
- V4 Creative does not offer any printing Software and/or Products and/or Services, therefore V4 Creative take no responsibility for print or printing errors.
- Completed graphic design, logo, or any artwork by V4 Creative will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice. Whilst every effort is made to ensure the accuracy of the final design proof, it is essential that it is thoroughly checked by the Client or someone within the Client’s organisation. Responsibility for correctness passes to the Client once approval is sought and given. V4 Creative can not be held responsible for any error which was not identified by the Client at the final proof stage. This includes all spelling, grammar, numbers, proportions, colour and size. The Client’s email of acceptance indicates the complete acceptance of the final proof and confirmation that V4 Creative may proceed with production.
- To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers
10. E-commerce
- The Client is solely responsible for the registration of their chosen online payments processing service (such as PayFast, PayPal, 2Checkout, etc.). V4 Creative is under no obligation to fulfil this role.
- It is important that the client gets accepted by the chosen payment processing service before V4 Creative may continue with the eCommerce platform set up.
- The Client is responsible for their own documentation such as terms and conditions, return policy and any other relevant information that is required when selling products and/or services online.
11. Completion Date
- Activation of the Client’s website is conditional to the Terms & Conditions.
- The completion date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
- Responsibility for correctness passes to the Client once approval is sought and given. V4 Creative can not be held responsible for any error which was not identified by the Client at the final review stage. This includes all spelling, grammar, numbers, proportions, colour and size. The Client’s email of acceptance indicates the complete acceptance of the final proof and confirmation that V4 Creative may proceed with production.
- Once the Client has approved and requests that the website project be made publically available and/or deployed, the Client agrees that all the information pertaining to the website project is correct and in order. The Client also agrees to be satisfied with the overall website project; and therefore, the Client agrees that the website project is considered as complete. Any further changes required after the website project is been made publically available and/or been deployed, will be considered as additional support and/or Service and does not fall within the current agreed project development.
12. Additional Work and Support
- V4 Creative commits that the Products and/or Services V4 Creative offers will be performed in a professional manner and that it is and/or it shall use personnel that is appropriately experienced, suitably qualified and has sufficient knowledge, expertise and competence to perform these services, in accordance with industry standards.
13. Warranties
- Additional work and/or support requested and agreed to, or any other work in progress for the Client’s website after the completion date of the original Agreement will be billed in accordance to these Terms and Conditions, quoted and agreed to.
- All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
- Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and project quote with V4 Creative remain the responsibility of the Client.
- The Client may request that V4 Creative access their website’s content management system to make requested changes. Upon doing so, the Client indemnifies V4 Creative from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
- V4 Creative may suggest additional work and/or support Services for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or V4 Creative will issue the Client a quotation accordingly.
Digital Marketing Terms
1. Search Engine Optimization (SEO)
- Monthly invoices are to be paid within the first week of each calendar month.
- A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
- In order to use V4 Creative’s monthly SEO service, the Client’s website needs to be built in WordPress.
- Some SEO activities may be forbidden by the Clients host. V4 Creative will not undertake these activities. It is the responsibility of the Client to be aware of the restrictions of their hosting provider.
- Hours will be managed and assigned as V4 Creative deems appropriate unless otherwise requested by the Client.
- Should the Client request additional hours, a quotation will be sent before any work will be undertaken.
- V4 Creative reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
- SEO of individual products for e-commerce websites will be undertaken as a long term task.
- Although V4 Creative makes every effort to ensure the Client’s receive good service and rankings, v4 Creative cannot guarantee that the Client’s SEO will rank first on Google search results nor can V4 Creative be held liable for any assumed return on investment.
- All prepared content and posts must be approved by the Client before scheduling.
2. Social Media Life Cycle
- Monthly invoice needs to be paid in full before V4 Creative will commence any Social Media work. Invoices need to be settled within the 1 (first) week of each calendar month.
- Should the Client wish, they may arrange a meeting at this time to discuss ideas.
- A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
- Once payment is made, please allow for a 2 (two) calendar week lead period. In this time V4 Creative’s digital marketing strategists will design content.
- The date of the first scheduled post will be dependent on the date that V4 Creative receives first proof of payment in full. This will be discussed in further detail between V4 Creative and the Client once the first payment is made, via e-mail to accounts@v4creative.com
- V4 Creative can not be held liable for any assumed return on investment for Social Media.
- All prepared content and posts must be approved by the Client before scheduling.
3. Google Ads
- Monthly invoices will be issued on the 25th (twenty-fifth) of the previous calendar month and need to be paid by the tenth 10th (tenth) of the current calendar month. Failure to do so may result in the Client’s Google Ads account running out of budget. V4 Creative will not add any budget to a Client’s account until payment has been made in full.
- A 30 (thirty) calendar day notice needs to be given in writing to V4 Creative should the Client wish to terminate.
- Hours will be managed and assigned as V4 Creative deems appropriate unless otherwise requested by the Client.
- Should the Client request additional hours, a quotation will be sent before any work will be undertaken.
- V4 Creative reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
- Although V4 Creative makes every effort to ensure the Client’s receive good service and rankings, v4 Creative cannot guarantee that the Client’s Google Ads will rank first on Google search results nor can V4 Creative be held liable for any assumed return on investment.
- All prepared content and posts must be approved by the Client before scheduling.
Website Hand-Over Agreement
Terms of Use
Content to be provided soon.
