Updated 1 November 2024

We at White Owl Graphic & Web Design Studio take pride in creating original designs. We respond to our clients’ creative needs by providing imaginative designs, amiable service, and a personalized experience since we are dedicated to excellence and consider client pleasure to be one of our top concerns. Ten years of design expertise has led to the following agreements, which are intended to safeguard the client and the design firm during a collaborative relationship based on trust.

Please take note that our Trust Agreements could alter at any time. Before making a deposit on a project, always make sure you have read the most recent Terms & Conditions shown below. We are referring to our Trust Agreement Documents when we say “Terms & Conditions.”

*By making your deposit, you consent to these conditions, which are outlined in our trust agreement.
**The client agrees to the following terms and conditions by paying the project deposit, but they also understand that they will not sign a printed Trust Agreement Document unless asked to do so. (As mentioned on all quotes and invoices as well.)
Please take note that our Trust Agreements could alter at any time. Before making a deposit on a project, always make sure you have read the most recent Terms & Conditions shown below. We are referring to our Trust Agreement Documents when we say “Terms & Conditions.”

*You accept the terms and conditions outlined in our trust agreement by paying your deposit.

**The client acknowledges here that they will not sign a printed Trust Agreement Document unless specifically asked to do so; nevertheless, they will do so by paying the project deposit, they accept the terms and conditions listed below. (As mentioned on all quotes and invoices as well.)

Table of Contents

Our Detailed Hosting and Domain Registration Disclaimer

RIGHTS AND OWNERSHIP:

Upon complete payment of the agreed cost, the client will be entitled to full ownership of all finished artwork produced during the project. White Owl Graphic & Web Design Studio retains ownership of all products until they are paid in full. Without full payment, no artwork will be sent. Only after funds appear and are cleared by the financial institution will proof of payment be accepted.

If the client feels that they wish to trademark or copyright a logo, brand, or piece of material, they are responsible for paying for the registration of designs for copyright, trade mark, or intellectual property. See https://www.gov.za/services/intellectual-property/register-trademark or https://www.wipo.int/portal/en/

Copyright or trademark protection will not be automatically applied to any graphic design, its components, logo, business cards, publication materials, marketing materials, website design, content, or intellectual property.

Note: Because copywriting and trade marking are highly costly, please be sure you obtain several quotations from several intellectual property attorneys before moving forward. You, as the client, are liable for the costs of changing the artwork if any portion of your brand, design, logo, or intellectual property has already been trademarked or copyrighted by another individual or organization. White Owl and its employees cannot be held accountable for a name or brand that has been protected by copyright. It is the client’s responsibility to make sure there is no copyright infringement on the name, brand, or other aspects they wish to employ.

You acknowledge that you understand the contents of this document and that you are not violating anybody else’s concept, copyright, intellectual property, or trademark by paying your deposit for the project to design a brand or graphic design element.

CLIENT FEEDBACK:

The client should be ready to provide some preliminary input regarding how well the recommended designs satisfy their overall requirements and preferences.
In addition to choosing the design approach that best meets their goals, the client should compile and submit to White Owl Graphic & Web Design Studio a list of any desired discussion points for revision, if needed.
Within two rounds of revision, the client is more than welcome to combine components from the various designs to create the FINAL look.
The final design plan will then be approved or signed off on by the client.

CONTRACTS WITH THIRD PARTIES:

Hiring outside creatives to provide tasks that White Owl Graphic & Web Design Studio does not offer is not the studio’s responsibility.
No project shall start with the presumption that outside assistance may be needed to finish it. Unless the client requests it later, such things will be finalized before the project starts.
White Owl Graphic & Web Design Studio may provide references for these services based on prior relationships with vendors and successful projects.
Consider the following third parties: photographers, videographers, copywriters, and printers.
Following the final submission of artwork to the supplier, White Owl Graphic & Web Design Studio is not liable for any losses or damages. Before starting projects, please review the finished artwork and get proof prints from vendors.

PAYMENTS:

The client must pay a sixty percent deposit before work begins because a lot of time, effort, and attention go into creating the ideal website. Only after White Owl Graphic & Web Design Studio receives the down payment will the project be scheduled and uploaded to the workflow system, at which point the team of designers will be instructed to start working on the website.

There is no return for the down payment. Before the client receives the original artwork and open file format, the remaining 40% must be paid to White Owl Graphic & Web Design Studio at the end of the project.
Please be aware that this is a rigorous company policy, but follow it to prevent any annoyance.
No funds or deposits for projects will be returned to clients at any time during or after the project.
The remaining 40% is due to White Owl Graphic & Web Design Studio upon completion of the project, before the original artwork and open file format are delivered to The Client.
Please keep in mind that this is a strict company policy that must be followed to avoid any unpleasantness.

DEPOSITS:

When a deposit or full payment is made, we kindly request that our clients complete their projects within 12 months.
To ensure the project runs smoothly, and in light of price fluctuations over time, all parties must remain committed until completion; otherwise, an additional fee will be charged after one year. If the project is

DELAYED PAYMENT:

If subsequent invoices are not paid within 30 days after the project has begun and proofs have been sent and completed, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added to each recurring 30-day period until the total amount is received by White Owl Graphic & Web Design Studio.

REVISIONS:

All projects include Revision Rounds (specific amounts) as stated in the quotations. If additional revision rounds are required, a separate quotation will be provided accordingly. White Owl Graphic & Web Design Studio cannot and will never limit the client’s ability to change their mind.
Though the price at the beginning of the contract is based on the length of time, White Owl Graphic & Web Design studio estimates how long it will take to complete everything that has been requested; additional estimates can be requested for any additional changes that need to be made.
The Client must assume that, following sign-off, any additions, alterations, changes in content, layout, or process changes requested by The Client will affect time and cost.

ADDITIONS AND ALTERATIONS:

New work requested by the client and completed by White Owl Graphic & Web Design Studio after the ATP (agreement to proceed) is considered an addition or alteration.
If the job changes significantly from the specifications described in the original estimate, White Owl Graphic & Web Design Studio will submit an additional quotation to The Client, and both parties must agree on the revised or additional fee before further work can begin.

File Formats:

Fully paid-for designs will be delivered to the client in OPEN FILE FORMAT (PSD OR AI), PRINT READY JPEG, and PDF. Open the files provided for printing only. The Client will be unable to edit without the use of Adobe Photoshop and/or Illustrator.

BACKUP:

As previously stated, White Owl Graphic & Web Design Studio is not responsible for backing up any final designs once they have been supplied to The Client. Backup arrangements can be quoted separately after final sign-off and delivery, if requested by the client.

ERRORS AND OMISSIONS:

White Owl Graphic & Web Design Studio does not proofread any designs. The Client is responsible for carefully reviewing proofs and other deliverables for accuracy in all aspects, including spelling and technical illustrations.
White Owl Graphic & Web Design Studio is not liable for any errors or omissions. All artwork must have the Clients’ signature or go-ahead e-mail, or that of an authorized representative, before it can be released for printing, digital publication, or other implementation.

DEADLINES:

A Note About Deadlines: White Owl Graphic & Web Design Studio loves deadlines, and we always meet them. In order for us to do this for you, you must also meet all deadlines.
We will rely on you to keep the project moving forward with your approvals and sign-offs, as well as to provide us with content for your website on time—usually before any design work begins.
Out-of-contact time and approval delays will have a direct impact on the project schedule, requiring us to move deadlines and milestones back accordingly; however, payment milestones will remain as scheduled. By signing this document or paying your deposit, you acknowledge your role in completing the project on schedule. In the unlikely event that we miss one of our deadlines, the payment milestones will be adjusted accordingly.
If the Client fails to provide the necessary content, resources, or feedback by the time White Owl Graphic & Web Design Studio considers it critical to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
If the Client fails to meet the timeline/milestone or content obligations for 7 days or more, The Studios’ resources will be reallocated, and work on the project will be delayed or discontinued.

CANCELLATION:

The Client must pay a cancellation fee for work started or completed, which is determined by the stage of project completion. The fee will not exceed 100% of the project’s total cost. This fee will be calculated based on the number of hours already spent on the project. If client communication (face-to-face, phone, or email) ceases within 30 days of project commencement, White Owl Graphic & Web Design Studio reserves the right to cancel the project. As a result, White Owl & Web Graphic Design Studio may decide to discontinue further work on the project. The full amount paid for the project will be used as a cancellation fee.

PROMOTION:

White Owl Graphic & Web Design Studio reserves the right to publish completed designs in digital format.

USE OF DESIGN ELEMENTS:

White Owl Graphic & Web Design Studio legally assumes that clients have proofread and approved text copy and images (photos, stock images, and web images) before submitting artwork and copy to White Owl for design. If White Owl needs to source images from the internet or stock image websites (free or paid), the client is responsible for determining whether the sourced images are licensed or available for use in the project under commercial or non-commercial usage laws.

If the client does not supply any images, the White Owl Design Team will illustrate the design with placeholder images. If the clients approve the art work and pay a 50% deposit to finalize the project, White Owl will assume the client has checked these images are legally available for use in accordance with country and commercial laws applicable to the project. White Owl legally assumes that the client did not illegally copy text from other content and thus violated the law by plagiarizing the content. As a result, White Owl Graphic & Web Design Studio assumes no responsibility or liability for images, artwork, or copy text used in any type of design art.

If a client is sued for using an image, photo, or text illegally, it is the client’s responsibility and liability to pay legal fees as well as any other fees incurred as a result of using photos, images, or text copy incorrectly. White Owl Graphic & Web Design Studio cannot be held legally responsible for any loss or damages that may result from wrongful use of images, photos, stock photos, internet images, text, or copied text. As soon as the client signs the project by paying a 40% deposit or fully paying for it, all artwork becomes the client’s property and legal responsibility.

Clients must determine whether images, photos, stock photos, text, and copy text can or may be printed, published, or uploaded to the web or internet. The client is responsible and legally liable for any design material or art work printed, posted to the web, or distributed via digital and electronic media. Hereby, White Owl Graphic & Web Design Studio indemnifies itself against any legal ramifications of the latter. If the client receives a cease-and-desist letter due to the use of illegal images or fonts will be liable to pay White Owl for the removal of these images or the content deemed necessary to be removed at our hourly rate.

COMMUNICATION:

White Owl Graphic & Web Design Studio can be reached by phone or email from 8:30 a.m. to 5 p.m., Monday through Thursday, and 8:30 a.m. to 15:50 p.m. White Owl is closed on Saturdays and Sundays. All appointments must be scheduled as agreed upon by both parties. A one-on-one meeting with designers will cost R580 per hour, excluding VAT. All revisions must be submitted in writing (e-mail); no revisions will be initiated based on telephone requests/discussions.

CONFIDENTIALITY:

The Client must notify the designer in writing before the project begins if any of the material or information provided by the Client is confidential.
Finally, your dedication to this project is greatly appreciated and will be directly reflected in the outcomes, allowing us to achieve a high level of excellence. By hiring our Studio, you have enlisted our expertise in achieving the goals that your team and our team have established.
To achieve those goals, we need your help and cooperation, even if you don’t fully understand some of the elements or designer terms (which we will work hard to clarify). Finally, we can only do what we are allowed to do; the quality of the outcome will be heavily influenced by the level of participation.
To achieve those goals, we need your participation and cooperation, even if you don’t fully Understand some of the elements or designer terms (which we will work hard to clarify). Finally, we can only do what we are allowed to do; the quality of the outcome will be heavily influenced by the level of
participation.
*By paying the deposit, the client agrees to the Terms and Conditions outlined in this document, unless otherwise agreed upon.
**The Client understands that they will not sign a printed Trust Agreement Document unless requested, but by paying the project deposit, they agree to the terms and conditions listed above. (As specified in all quotations and invoices)

PROCESS DESCRIPTION:

We are able to complete the website within 30 working days as long as the Client provides us with all relevant information within 7 working days of the deposit payment, unless otherwise agreed.
A mutually agreed-upon date for the website’s launch should be determined ahead of time.
– As soon as White Owl Graphic & Web Design Studio receives the 60% deposit, the Studio will open The Client’s task in the Workflow System.
– Before beginning the project, complete a Branding Questionnaire and attend a briefing/strat meeting.
– White Owl Graphic & Web Design Studio as a team will begin brainstorming regarding the concept and layout of the project.
According to the Branding Questionnaire provided by the client.
The design process will then begin, focusing on the layout, look and feel, and styling.
During this time, the Client should begin compiling all relevant information (in word format) and high-resolution photos/images for submission to White Owl Graphic & Web Design Studio. – Seven days after White Owl Graphic & Web Design Studio receives the deposit and Branding Questionnaire, the website layout visuals (in jpeg. digital format) will be presented to The Client (nothing live yet) to give The Client an idea of the look and feel of the website template.
If two design strategies are presented, each will represent different design directions or ideas, but both will be consistent with the overall project objectives are outlined in the strategy brief and Branding Questionnaire. The Client should be prepared to provide some initial feedback on how well the suggested designs meet their overall needs and expectations.
The Client should choose the design strategy that best meets their needs, and then compile and deliver a list of any desired discussion points for revision (if necessary) to White Owl Graphic & Web Design Studio. The Client is welcome to combine elements from each look to create a FINAL look within two revision rounds.
The Client will then approve or sign off on the final design strategy. – Once the final look is approved and signed off, White Owl Graphic & Web Design Studio will begin building the website live.
Because changes to the template and final sign-off require additional time and money, White Owl Graphic & Web Design Studio requests that the Client be completely satisfied before launching the website template.
– As soon as White Owl Graphic & Web Design Studio has finished uploading and styling all information (as supplied), the Studio will send The Client a temporary link to view their site online.
– Before the website goes live, the client must provide feedback and final approval. – Receiving the client’s final payment of the outstanding 40% will ensure that the task is completed.
White Owl Graphic & Web Design Studio will then complete the basic SEO so that the website can go live and Google can index and rank it.
– Online marketing (SEO and SEM) can only occur after the website has been indexed by Google. We will refer you to a service provider who can help you create a personalized online marketing strategy. They will be able to provide a quote for a Marketing Strategy Plan if the Client requests one.

LAYOUT DEVELOPMENT:

The CMS systems used to build websites are WordPress. Some of the components used are purchased Modules or Plugins from WordPress Component & Plugin Developers and have been pre-designed for this specific system, so certain programming and layout restrictions may apply.

USE OF WEB DESIGN ELEMENTS:

White Owl Graphic & Web Design Studio legally assumes that clients have proofread and approved text copy and images (photos, stock images, and web images) before submitting the artwork and copy to White Owl for design. If White Owl needs to source images from the internet or stock image websites (free or paid), it is the client’s responsibility to check if the sourced images are licensed or available to use for the project in commercial or non-commercial usage. If the client does not supply any images, the White Owl Design Team will illustrate the design with placeholder images.

If the client approves the art work and pays a 40% deposit to complete the project, White Owl will assume the client has legally checked these images for use in accordance with applicable country and commercial laws. White Owl legally assumes that the client did not illegally copy text from other content and thus violated the law by plagiarizing the content. White Owl Graphic & Web Design Studio cannot therefore accept responsibility or liability for any images, artwork, or copy text used in design art of any kind. If a client is sued for using an image, photo, or text illegally, the client is responsible and the obligation to pay legal and other fees incurred as a result of incorrectly using photos, images, or text copy. White Owl Graphic & Web Design Studio cannot be held legally liable for any losses or damages resulting from the wrongful use of images, photos, stock photos, internet images, text, or copy text. As soon as the client signs the project by paying a 40% deposit or fully paying for it, all artwork becomes the client’s property and legal responsibility. Clients must determine whether images, photos, stock photos, text, and copy text can or may be printed, published, or uploaded to the web or internet. Any design material or art work printed, posted on the web, or any digital and electronic media.

BACKUP:

The completed website, including the SQL database, will be backed up as soon as it is ready to be launched. This backup will be provided to the client. White Owl Graphic & Web Design Studio will not perform a monthly backup unless The Client requests it, in which case an R280 monthly fee will apply.

ONLINE MARKETING SERVICES (SEO/SEM):

– The standard website packages include only basic SEO (Search Engine Optimization). Basic SEO does not include first-page rankings on Google or other search engines.

To achieve first page rankings with Google, an ADVANCED SEO strategy must be agreed upon, which includes SEO and SEM services on a monthly contract and will be quoted separately. – Search engine results may vary – SEO results may vary, and it may take up to 4-6 weeks for Google to index the website after it is completed.

– Basic SEO includes the following:

A sitemap has been uploaded to Google.
Google has indexed the website.
Basic keywords integrated into pages.
Website description is built into the header.
SEF (Search Engine Friendly) URLs

– A Google Analytics account in The Clients name will be created to measure website’s performance and statistics. Only reading rights to this account will be supplied to client. Full admin rights to this account will be retained by White Owl Graphic & Web Design Studio, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

– A Google Webmaster account in The Clients name will be created to liaise with Google, concerning website performance, indexing, errors, malware, etc. Full admin rights to this account will be retained by White Owl Graphic & Web Design Studio, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

CUSTOMER SERVICE:

If the client is dissatisfied (due to a misunderstood brief, process issues, or a reasonable expectation not met), the client should schedule a meeting with the assigned project planner from White Owl Graphic & Web Design Studio to mediate a satisfactory solution for both parties.

CANCELLATION:

The Client must pay a cancellation fee for work started or completed, which is determined by the stage of project completion. The fee will not exceed 100% of the project’s total cost. This fee will be calculated based on the number of hours already spent on the project. If client communication (face-to-face, telephone, or email) stops for a period of 30 days after project commencement, White Owl Graphic & Web Design Studio may cancel the project. [ez-toc][ez-toc]The full amount paid for the project will be used as a cancellation fee. As a result, White Owl Graphic & Web Design Studio may decide to discontinue further work on the project.

RIGHT TO DENY SERVICE:

White Owl Graphic & Web Design Studio and its staff do not discriminate on the basis of religion, sexual orientation, ethnicity, race, nationality, political beliefs, or color; however, we fully and solely reserve the right to refuse graphic design, web design, and hosting services to:

Examples of unacceptable content or links include pirated software, hacker programs or archives, Warez sites, IRC Bots, illegal MP3s, religious art, toys or figurines, reading material or images that are obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r,” “g,” or “pg,” materials that are politically or religiously sided, or an opinion of a certain political cult or occult.
Any content that may be upsetting, insulting, or offensive to some or all.

Illegality in any form or manner, including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery, or any other way, drug dealing, and other illegal activities.

White Owl Graphic & Web Design Studio’s servers may be used only for lawful purposes. It is strictly prohibited to store, transmit, or distribute any material or part of it in violation of any applicable law or regulation. This includes, without limitation, material that is obscene, defamatory, and constitutes a Legal threat or violation of export control laws. Examples of unacceptable content or links: “pirated software,” “hacker programs or archives,” “Warez sites,” “IRC Bots,” “illegal MP3s,” religious art, toys or figurines, reading material or images that are obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r,” “g,” or “pg,” materials that are politically or religiously sided, or an opinion of a certain p Any content that is likely to be upsetting, insulting, or offensive to some or all people.

Due to the nature of a shared web hosting environment, White Owl Graphic & Web Design Studio reserves the right to request that customers upgrade or Correct issues with their shared web hosting package, or issues with their shared web hosting package, if they have a negative impact on network or server performance for the majority of our customers.

The White Owl Graphic & Web Design Studio shared web hosting platform is designed to host a website with relevant, appropriate, and legal content, as well as to function for a personal or Senior Management all-home business without worrying about traffic overages. The service should not be used for large-scale enterprises or applications that require a dedicated server.

White Owl Graphic & Web Design Studio prohibits using the shared web hosting service disk space for anything other than its intended purpose: Content hosting, personal and senior management email, and relevant web files.
The use of dedicated or shared hosting services to host torrent boxes or run proxies is strictly prohibited. Servers that are continuously at risk of supporting these types of services will be disabled and removed from our network with immediate effect.
Posting defamatory, scandalous, violent, or private information about another person without their permission, intentionally causing pain or emotional distress, or infringing on trademarks, copyrights, or other intellectual property rights.
Any unacceptable use of the services is a material breach of these Terms and Conditions of Use, and White Owl Graphic & Web Design Studio expressly reserves all rights in this regard.

COMMUNICATION:

White Owl Graphic & Web Design Studio can be reached by phone or email Monday through Friday from 8:30 a.m. to 5 p.m., or by appointment. A one-on-one meeting with designers will cost R420 per hour. All revisions must be submitted in writing (e-mail); no revisions will be initiated based on telephone requests/discussions.

CONFIDENTIALITY:

The Client must notify the designer in writing before the project begins if any portion of the material or information provided by The Client is confidential. Finally, Your dedication to this project is greatly appreciated and will be directly reflected in the outcomes, allowing us to achieve a high level of excellence. By hiring our studio, you have enlisted our expertise in determining how to best achieve the goals that your team and our team have defined.

HOSTING SERVICES:

– White Owl Graphic & Web Design Studio is not responsible for website hosting or any other services provided by the hosted server. White Owl Graphic & Web Design Studio prefers to host its websites through Domains.co.za. For any hosting-related issues, contact the hosting company where the domain was registered. The White Owl Graphic & Web Design Studio cannot be held Responsible for any hosting-related speed or downtime issues.

– If the Client requires assistance with domain registration or transfer, White Owl Graphic & Web Design Studio should be notified in advance. Domain transfer/new domain registration forms will be provided upon request. Domain names transferred to White Owl Graphic & Web Design Studio will be registered under the director/s’ names. White Owl Graphic & Web Design Studio declares that we are not and cannot be held liable for any criminal act committed while using the domain name to engage in criminal behaviour.

White Owl reserves the right to bill the client for any Domain Administration tasks. – Monthly domain hosting fees are directly payable to the hosting company of choice or to White Owl should You should host directly with us.

POPIA COMPLIANCE:

– White Owl Graphic & Web Design Studio is not responsible for ensuring that your website’s Popia (Popi Act) compliance is in place and maintained. White Owl Graphic & Web Design Studio will notify all clients of the option to implement POPIA Compliance Strategy on their websites for an agreed-upon fee. We do not certify compliance, but rather implement what the government has stated about POPIA and the use of information on your websites. White Owl will notify clients of new Popia regulations or changes and offer to update their current privacy and cookie policies for an agreed-upon fee.

– It is the client’s responsibility to ensure that the Cookie and Privacy Policies on their website are appropriate for their business. It is also the client’s responsibility to ensure the Popup is operational. Clients who want to include legal documents in other menus on their website must request it from White Owl or create the links themselves. We only include a link to the Policy in the Privacy & Cookie Pop-up as a standard practice. White Owl does not enforce the Privacy to Information Act or require clients to comply. We are making this option available to clients. White Owl Graphic & Web Design Studio accepts no responsibility for any POPIA or PAYA-related inquiries or issues that may arise as a result. It is the client’s responsibility to ensure that they adhere to government policies regarding the handling of information and to educate themselves about the information Act. For more information on the Information Act (POPIA or PAYA), clients can visit https://inforegulator.org.za/, https://popia.co.za/, and https://www.gov.za/documents/promotion-access-information-act#. It is important to note that adding POPIA Compliant information to your website and/or implementing POPIA Compliant features on your website does not make your company 100% compliant; you must also implement POPIA / PAYA at your company’s physical locations and appoint an Information Officer who is responsible for maintaining your company’s own compliance as stated on the Government website and gazette.

Our Detailed Hosting and Domain Registration Disclaimer

By paying your 100% deposit for domain registration and the first month’s hosting, you accept these terms and conditions and confirm that you have read and agreed to the domain registration, hosting, and Terms and Conditions outlined in this document. You also agree to any of our third-party domain partner’s Terms and Conditions. The client is responsible for paying the hosting fees during the website design process; therefore, getting the website up and running is critical to us.

White Owl Graphic & Web Design Studio reserves the right, at its sole discretion, to change or modify the terms, conditions, and operation of this Website and Services at any time. By using this service, the user waives any rights or claims against White Owl Graphic & Web Design Studio arising from such changes. Without limiting the foregoing, White Owl Graphic & Web Design Studio shall not be liable to you or your business for any incidental, consequential, special, or punitive damages, lost or imputed profits or royalties arising out of this agreement, or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or not (including negligence and strict product liability), and irrespective

Each party hereby waives any claims that these exclusions deprive them of an adequate remedy. You acknowledge that third-party product and service providers promote their offerings on the White Owl Graphic & Web Design Studio website. White Owl Graphic & Web Design Studio occasionally forms partnerships or alliances with some of these vendors to make it easier to provide you with these products and services. However, you acknowledge and agree that White Owl Graphic & Web Design Studio makes no representations or warranties about any third party’s products or services, and that White Owl Graphic & Web Design Studio will not be liable to you or any third party for any claims arising from or in connection with such third-party products and services. You hereby waive and disclaim any rights and claims that you may have against White Owl Graphic & Web Design Studio in respect of third-party products and services, to the fullest extent permitted by law.

Terms and Conditions.

General:

White Owl Graphic & Web Design Studio reserves the right to change or modify any of the terms and conditions outlined in this agreement.
This is an agreement between you and White Owl Graphic & Web Design Studio that governs your use of the company’s services, products, computers, interactive information, communications, intellectual property, and server management service. It supersedes all previous agreements. All such uses shall be subject to the terms, conditions, and policies outlined in this agreement, as well as the terms and conditions that apply to the relevant product or service.

This Agreement governs all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is solely responsible for the use of each account, whether under any name or by any individual, and for ensuring that all account users fully comply with this Agreement. If any provision of this Agreement conflicts with the provisions of the Consumer Protection Act, 2008 (“the CPA”), the provisions of the CPA will take precedence.

Important Notice Regarding Software Integrity and Malicious Activity

This notice serves as a formal reminder of the obligations you hold under the terms of our agreement with White Owl Graphic and Design Studio. It is imperative that all information, materials, and designs you provide to us be free from malware, viruses, spyware, key-tracking software, or any form of malicious code.

Non-Compliance Consequences:

Immediate Termination: Should any such malicious software be detected in the materials provided, we reserve the right to immediately terminate our agreement. This includes the cessation of all services and the cessation of any ongoing projects.
Forfeiture of Fees: In the event of termination for breach of this clause, all fees already paid will be forfeited. These funds will not be refunded under any circumstances.
Legal Recourse: Malicious activities, including but not limited to the introduction of harmful software, constitute a clear violation of South African contract law, specifically regarding breach of contract and intentional interference with business operations. White Owl Graphic and Design Studio will take immediate legal action against any party found to have engaged in such behaviour, including claims for damages and an application for any additional legal remedy available under South African law.

As outlined in the Electronic Communications and Transactions Act, 2002 (ECTA), engaging in malicious or unauthorized interference with computer systems is prohibited, and those found guilty may be subjected to severe penalties. Additionally, under the Consumer Protection Act, any attempt to defraud or harm a business may result in both civil and criminal liabilities.

We urge you to fully comply with these terms to avoid any legal consequences. Our commitment is to maintaining a secure, professional environment for all parties involved. Failure to adhere to these stipulations will leave us with no choice but to pursue the appropriate legal actions along with all costs to the client, which could include civil litigation for damages and criminal prosecution.

We trust that this message clarifies the severity of this matter. Please be advised that our team will be monitoring all incoming files for compliance.

Jail and sentencing:

In South Africa, the minimum jail time for offenses related to introducing malware, viruses, or malicious software can depend on the specific crime committed and the severity of the offense. Here are a few relevant laws:

Electronic Communications and Transactions Act (ECTA), 2002:

- Under Section 86 of the ECTA, it is an offense to unlawfully interfere with computer systems or data, which includes the introduction of viruses, malware, and spyware. This offense is punishable by imprisonment for up to 5 years or a fine.
- Section 87 provides further penalties for other forms of computer-related crimes, including fraud, misrepresentation, or any unlawful access to data, with penalties of up to 10 years imprisonment depending on the case.

Cybercrimes Act, 2020:

- Under the Cybercrimes Act, which came into effect in 2022, introducing malicious software with the intent to cause harm, disrupt services, or gain unauthorized access to systems is considered a cybercrime.
- For offenses like unauthorized access to data or introducing malware, the act stipulates penalties that include up to 15 years imprisonment in serious cases, although the court’s discretion based on the circumstances of the offense will determine the actual sentence.

General Fraud or Intentional Interference:

- If a person introduces malware or malicious software with the intent to defraud or damage a business (as mentioned in your contract), this could be prosecuted as fraud or malicious damage to property, both of which are criminal offenses.
- For fraud, the punishment could be up to 15 years in severe cases (depending on the amount involved).
- Malicious damage to property could lead to up to 5 years imprisonment, but again, the sentence will depend on the impact of the action and the intent behind it.

Minimum Jail Time:

The minimum jail time would likely be a fine or a short sentence, but for more serious or repeated offenses involving harmful intent, the sentence could range from 5 to 15 years, depending on the severity of the crime.
Ultimately, the court will consider the specific circumstances, the damage caused, and whether the individual has previous offenses. The introduction of malware with intent to harm or disrupt business operations is considered a serious criminal offense under South African law.
Please Read These Terms And Conditions Carefully.