Terms and Conditions for Bassonify
Effective Date: 3/2/2025
Welcome to Bassonify. By engaging with our website design and social media management services (the "Services"), you agree to the following Terms and Conditions. Please read them carefully.
1. Acceptance of Terms
By accessing or using the services provided by Bassonify, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Services. By making payment for services, you are agreeing to these Terms and Conditions.
2. Services Provided
Bassonify offers website design and social media management services to clients, including:
• Custom website design, development, and maintenance.
• Social media strategy, content creation, and account management.
These services will be delivered according to the specifications outlined in your proposal or quote.
3. Quotes & Proposals
All quotes and proposals provided by Bassonify are valid for 14 days from the date of issuance unless otherwise specified. Quotes are based on the information provided by the customer. Any changes to the scope of work after the quote is issued may result in an adjustment to the price. A signed agreement or approval of the quote is required before work can begin.
4. Invoices & Payments
• Invoices: Bassonify will issue invoices upon completion of the project or at agreed milestones, depending on the terms outlined in the contract or agreement.
• Payment Terms: Payments are due within 7 days from the date of the invoice unless otherwise agreed in writing.
• Late Payments: Late payments may incur interest at a rate of 15% per annum, calculated on a monthly basis, or the maximum rate allowed by law. Bassonify reserves the right to suspend services until payment is received. Any costs incurred for recovering overdue payments, including but not limited to legal fees, will be the customer's responsibility.
In the event that the customer fails to make payment in full as agreed, the customer will be liable for any costs incurred by Bassonify in recovering the outstanding amount, including but not limited to legal fees, collection agency fees, or any other related costs.
5. Customer Responsibilities
The customer agrees to:
• Provide accurate, complete, and legal information for the execution of the services.
• Ensure that all content, images, text, or other data provided to Bassonify for website design or social media management is legal, factual, and does not infringe upon the rights of third parties.
• Secure any necessary permissions or licenses for content used in social media or website design.
• Promptly review and provide feedback on deliverables to ensure timely project completion.
• Ensure that the final product meets the customer’s expectations before approval.
• Accuracy of Information: The customer is responsible for ensuring that all data, information, and content provided to Bassonify is accurate, factual, and does not violate any laws or the rights of third parties.
• Liability for Data: Bassonify will not be held liable for any damages or issues arising from the use of incorrect, illegal, or misleading data or content provided by the customer.
• Legal Compliance: The customer agrees that all content provided to Bassonify complies with applicable laws, including intellectual property rights, privacy laws, and other legal obligations.
7. Intellectual Property
• Ownership: Unless otherwise specified in a written agreement, any intellectual property created as part of the website design or social media management service (e.g., logos, designs, custom code) remains the property of Bassonify until full payment is made.
• License: Once full payment is received, Bassonify grants the customer a non-exclusive, non-transferable license to use the deliverables for their intended purpose.
8. Limitation of Liability
• No Liability for Faulty Information: Bassonify is not liable for any issues arising from the use of incorrect, misleading, or illegal data provided by the customer.
• Limitation of Damages: In no event shall Bassonify be liable for any indirect, incidental, or consequential damages arising from the use of our services. The total liability of Bassonify for any claims shall not exceed the total amount paid by the customer for the services that gave rise to the claim.
• Force Majeure: Bassonify will not be held liable for any delays or failure to perform due to causes beyond our reasonable control, such as natural disasters, acts of government, or network outages.
9. Confidentiality
Both parties agree to keep all confidential information, including business strategies, client data, and intellectual property, private and secure. This confidentiality obligation does not apply to information that is publicly available or required to be disclosed by law.
10. Termination
• By Customer: The customer may terminate the services at any time, but will be liable for all work completed up to the termination date.
• By Bassonify: Bassonify reserves the right to terminate the agreement if the customer breaches any material terms or fails to make timely payments.
• Upon Termination: Upon termination, the customer will pay any outstanding amounts due for services rendered up to the date of termination.
11. Amendments
Bassonify reserves the right to amend or update these Terms and Conditions at any time. All changes will be communicated to the customer, and continued use of our services constitutes acceptance of the updated terms.
12. Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of South Africa. Any disputes arising from these Terms will be resolved in the courts of South Africa.
13. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us.
14. Account Suspension and Termination
Bassonify reserves the right to suspend or terminate a customer's account or an order for any reason, including but not limited to violations of these Terms and Conditions. If your account or order is terminated, you will be liable for all payments due for services rendered up until the termination date.
15. Retention of Property for Unpaid Fees
Bassonify retains ownership of all intellectual property, designs, code, and other materials created as part of the website design or social media management services until full payment for services has been received. If payment is not made within the agreed terms, Bassonify reserves the right to suspend or withhold access to the deliverables until payment is made in full.
16. Copyright
16.1. The copyright of all content on websites designed by Bassonify, including text, images, logos, and any custom code, belongs to Bassonify unless otherwise stated. Unauthorized use, reproduction, or distribution of any copyrighted material is prohibited.
16.2. Upon full payment, the customer is granted a non-exclusive, non-transferable license to use the website and related materials for its intended purpose. This license does not transfer ownership of intellectual property.
17. Social Media, Marketing, and Intellectual Property
17.1. All content, including posts, images, videos, and text, shared on any social media platforms by Bassonify are the sole property of Bassonify unless otherwise stated. Unauthorized reproduction, distribution, or use of this content is strictly prohibited without prior written consent.
17.2. Some content shared on Bassonify's social media platforms may include third-party images, information, or intellectual property. Bassonify acknowledges the ownership of such third-party materials and will take steps to address any issues related to their usage upon notice. Any third-party content used in marketing will be properly credited or removed if necessary.
17.3. Special deals, discounts, or promotions shared on social media or other marketing platforms are subject to availability and may change without prior notice. It is the customer’s responsibility to verify the validity of any promotional offer, price, or deal before completing a purchase.
17.4. Bassonify reserves the right to amend or cancel any marketing promotions, special deals, or private deals at any time without prior notice. Private deals between Bassonify and a specific customer or group of customers are subject to the same terms and may change or be canceled at Bassonify's discretion.
17.5. Marketing content, including images or videos featuring products, websites, or services, is provided for illustrative purposes only. Actual products or designs may differ in appearance, and Bassonify makes no guarantee that the final deliverable will exactly match the marketing materials.
17.6. The customer should be aware that social media posts, online marketing campaigns, and private deals are meant to provide general information about services. For precise project specifications, pricing, and availability, the customer should refer to the proposal or contract or contact Bassonify directly.
17.7. Bassonify does not guarantee the accuracy of information presented in older social media posts, marketing materials, or private communications, as offers, services, and pricing may change over time. Customers are encouraged to check current details before making any decisions based on past marketing materials.
17.8. Special sales, discounts, or promotional offers shared via social media, email, or other marketing platforms are typically valid for a period of 7 days from the date of publication unless otherwise specified in the promotion.
18. Refunds
18.1. Refunds for services rendered by Bassonify will be considered on a case-by-case basis. Once a project or service has been initiated or completed, no refund will be provided unless otherwise specified in a written agreement.
18.2. For website design services, if the customer is dissatisfied with the initial design concept and has provided feedback within 14 days, Bassonify may offer revisions or changes to the design. Once the final design is approved and payment has been made, no refunds will be issued.
18.3. For social media management services, if the customer is dissatisfied with the services after the first month, they may cancel the service with 14 days' notice. In such cases, Bassonify will issue a partial refund based on the work completed, and the customer will remain liable for any costs incurred up until the cancellation date.
18.4. No refunds will be provided for promotional or discounted services unless expressly stated in the promotion terms.
18.5. In the event of a refund request, the customer must submit the request in writing, outlining the reason for the refund and any supporting details. Bassonify reserves the right to decline a refund request if the terms of the service agreement have been met.
19. Responsibility for Notifying Bassonify of Issues in Completed Products
19.1. Once a website or any other deliverable is marked as completed and delivered to the customer, it is the customer's responsibility to review the final product thoroughly.
19.2. Before Bassonify releases the completed product to the customer, a signed document agreeing to the completion of the product and confirming that the customer has reviewed it for any issues, including spelling errors, legal discrepancies, or other faults, must be provided. The customer must confirm that the product meets their expectations or notify Bassonify of any issues that need addressing.
19.3. If the customer identifies any issues such as spelling errors, legal discrepancies, or other faults in the website or deliverables, the customer must notify Bassonify promptly.
19.4. Bassonify will make reasonable efforts to address and rectify any issues brought to our attention, including fixing spelling errors, legal discrepancies, or any other content-related faults, provided that the issues are reported within 14 days from the completion date.
19.5. After the specified period for reporting issues has passed, Bassonify will not be held responsible for any errors or faults identified in the product, and any requests for revisions or fixes will be subject to additional charges.
19.6. If the signed document confirming the customer's review and agreement to the completion of the product is not provided, Bassonify will not release the final product to the customer, and no further work will be completed.
19.7. The customer agrees to provide clear details and documentation regarding any faults or issues to allow Bassonify to assess and address the situation efficiently.
20. Custom Work and Payment Terms
20.1. All services provided by Bassonify, including but not limited to website design, development, and social media management, are considered custom work tailored specifically to the client’s requirements.
20.2. As custom work cannot be altered, returned, or resold due to its unique nature, the customer agrees to pay the full agreed amount for the service/product upon completion, regardless of whether the work is altered or changed after delivery.
20.3. By agreeing to the terms and signing the agreement, the customer acknowledges that once the custom work is completed and delivered, no refunds or reductions in payment will be issued, except where required by applicable South African law or specifically outlined in the service agreement.
20.4. Payment for custom work is due in full upon the completion of the project, and failure to make the full payment will result in the withholding of the final deliverables, including any custom designs, websites, or other services.
20.5. In the event that the customer requests significant alterations or additional work after the completion of the custom service, such changes will be treated as a new service request and will be subject to additional charges.
20.6. The customer agrees to pay the full amount for the custom work as outlined in the contract or proposal, and Bassonify will not be held liable for any dissatisfaction with the final product once it has been approved by the customer.