Terms and Conditions

Terms And Conditions

Introduction

1. Unique Business Plans has a set of terms and conditions that focus on creating project processes that is fair and reasonable to both the client and Unique Consulting and which will aim to improve the project efficiency and the quality of Unique Business Plans’s services rendered.

2. These terms and conditions will become legally binding on the client on any projects where the Quotation and/or Pro-Forma invoice have been sent to the client, and related deposit/s paid by the client, or a written “go ahead” is given on initiating any project in any form of written communication and/or correspondence by the client to Unique Business Plans, including clicking on the “Accept Quote” button on PDF Quotes provided.

3. The client hereby acknowledges, consents and confirms having read the contents of the below terms and conditions and understands the obligations and implications the terms and conditions have on the relevant parties. The client further confirms having read and understanding the points which include practical and operational constraints between the relevant parties.

Definitions

The word CLIENT means the person, company or Companies that Unique Business Plans is and will be supplying products and/or services too, either currently or in future.

The word DELIVERABLE relates to any individual end product or service provided by Unique Business Plans to the Client.

– The word PROJECT relates to all Deliverables rendered by Unique Business Plans to the Client as part of a certain predefined scope.

The word RETAINER relates to all Deliverables rendered by Unique Business Plans to the Client as part of an ongoing agreement.

– The word CONSULTANT relates to any personnel of Unique Business Plans.

– The word CONTENT relates to all text, imagery, video or any other elements created or used. 

Future Changes To The Terms And Conditions

Kindly take note that the terms and conditions hereunder may change without any prior notice whatsoever and that the Client hereby acknowledges and confirms that the Client will revisit the Terms and Conditions page on www.uniquebusinessplans.co.za or request an electronic copy of the latest agreement. Unique Business Plans will endeavour to publicly post notices of Terms and Condition changes on Unique Business Plans’s Facebook, Twitter and LinkedIn profiles and sending out a newsletter to those that are subscribed to it at the time. The Client’s continued use of Unique Business Plans’s services following any such modification constitutes the Client’s acceptance of those modified Terms and Conditions.

General

The Client hereby acknowledges, accepts and confirms understanding that:

1. All Content and/or consultations generation for projects and/or consultations will be the responsibility of the Client.

2. Unique Business Plans have the right to pause any services until the production of documentary proof is delivered and displayed to Unique Business Plans should Unique Business Plans request proof of suspicious information provided. The aforementioned proof will be furnished to Unique Business Plans within reasonable time.

3. It is the responsibility of the Client to provide Content to Unique Business Plans through submission by the provided online client questionnaire links. Unique Consulting cannot accept any hard copies, paper or emailed information unless specifically stipulated.

4. Should the Content be of poor quality and Unique Business Plans is required to implement improvements, then the Content preparation costs, billed at an hourly rate as agreed upon between Unique Business Plans and Client, will be incurred by the Client.

5. Consultants are only available for communication within Unique Business Planss office hours which is Monday to Friday 08h30 until 17h00, excluding public holidays. 

6. If any features are not specifically mentioned as part of a Project or Retainer then the Client should assume that it is not included and should contact Unique Business Plans for confirmation.

7. Unique Business Plans reserves the right to refuse services to the Client.

8. An active Project or Retainer may be cancelled by Unique Business Plans and applicable costs refunded for work not completed; and

9. All work paid for will then be handed over to the Client to conclude the cancellation.

10. Unique Business Plans cannot guarantee that any Deliverable is 100% unique worldwide.

11. Unique Business Plans attempts to create original Deliverables, but coincidental similarities with other Deliverables may be unavoidable.

12. Unique Business Plans does not take responsibility for signed off work that may be subject to future trademark or copyright challenges.

13. Once a Deliverable, that was specifically created for the Client by Unique Business Plans, has been signed off and fully paid for, then the source files and exported files will be the copyright of the Client.

14. The Client’s use of any Content that is free, open source or Content licensed on behalf of the Client by Unique Business Plans is subject to that Content’s individual terms and conditions.

15. The Client agrees to be bound by those Terms and Conditions and may ask for links to those agreements before signing this document.

Projects

The Client hereby acknowledges, accepts, confirms and understands that:

1. If Unique Business Plans cannot get hold of the Client through available channels or alternatively if the client does not provide any written feedback within 10 business days since the last change request, causing the project to stall in any way, then Unique Business Plans will mark the project as dormant and the dormant project will be removed from the active project list.

2. A 30% cost of the total project invoice will be levied by UniqueBusiness Plans to the Client and must be paid by the Client to reactivate the project in the future.

3. If the project is dormant for longer than 6 months, then the project will be terminated and all design source files will be removed from Unique Business Plans’s network and all costs paid by the Client to Unique Business Plans will be forfeited due to the Clients breach of the terms and conditions without prejudice to any other claims Unique Business Plans may have against the Client for damages.

4. If the Client chooses to cancel the project after 7 calendar days from paying the first deposit payment and/or implementing any part of the proposed solution then the deposit will not be refundable and shall be accordingly forfeited.

5. In all project cancellations, the designs / consulting work and/or business plan project/s and their respective versions will stay the copyright and property of Unique Business Plans.

6. Any copy, distribution or use of these cancelled project assets, by the Client, will constitute a copyright violation and Unique Business Plans reserves its right to take further legal action against the Client for damages suffered in any form whatsoever.

7. Unique Business Plans may choose to refund parts of a deposit under special circumstances.

8. Only one digital (Skype / Zoom) meeting with the Client is included as part of a project where the project value is above R5 000.00 (Five thousand rands)

9. Any further meetings and/or consultations must be booked directly on our website and will constitute a consultation and the Client will be billed at an hourly consultation rate as agreed upon between Unique Business Plans and the Client.

Project Change Requests

The Client hereby acknowledges, accepts and confirms understanding that:

1. All projects include change request limits and that a change request is one or many changes, requested by the Client in one request, of, but not limited to, layout, imagery, text or other elements to a previous version of a Deliverable as part of that Project. Change request limits may be lifted on projects where previous written arrangements have been made.

2. In each Deliverable, where the project change request limit has been reached, the Client may request additional changes at an hourly rate as agreed upon by both parties.

3. If individual representatives of the Client submit change requests then each request would count towards the revisions already used. The Client should therefore give combined feedback to avoid wasting revisions.

4. All Project Deliverables include a version limit of four, unless previous written arrangements have been made. The Deliverable version limit consists of the first concept version and then three additional versions.

Retainers

The Client hereby acknowledges, accepts and confirms understanding that:

1. The Retainer is a prepaid, recurring service where hours are bought at an hourly rate. The minimum allocated time per task is 0.25 hours (15 minutes).

2. The Retainer may initially consist of Phases with a specific scope of Deliverables each. Once these Phases are completed then the Retainer will move into a month to month Growth Phase. The Retainer will automatically renew at the end of each month for another month, unless the Client requests a cancellation.

3. Source files and exported file formats of Deliverables may be handed over immediately to the Client once the Client has signed them off.

4. Any time that is not used by the end of the month will not be added to the next month’s time balance. Unique Business Plans will generally choose to allocate unspent time to the following month if Unique Business Plans is engaged in constant, constructive communication with the Client.

5. The Retainer time is only used for time spent by Consultants. It cannot be used for allocating printing costs, advertising budgets, licensing costs or related items. Those would be paid separately to Unique Business Plans or applicable Third Party providers. If the cost of an item is low then Unique Consulting may decide to allocate its value as time to reduce administration and billing overhead for the Client.

6. The Retainer hourly rate may increase over time and the Client will be informed of any increases in advance.

7. If a Retainer is cancelled by the Client and the Retainer time balance is in the negative, then the Client needs to settle the balance. Unique Business Plans will generate a final invoice for the outstanding amount and same will be delivered to the client within a reasonable time.

8. A Retainer may be cancelled with a 60 calendar day notice. Unique Business Plans will attempt to allocate any available Retainer time to constructive tasks within those 30 days, assuming constructive Client communication. Any unused time will be expired on the last day without refund.

Sign Off

The Client hereby acknowledges, accepts and confirms understanding that:

1. Sign off is the act where the Client accepts, via email, fax or any other written format that can be stored and archived, a Deliverable as 100% completed to their initial requirement and to their ultimate satisfaction thereof.

2. Once the Client gives sign off on a Project or Retainer Deliverable, then that Deliverable is declared and deemed as finalized. Any change requests on a signed off Project Deliverable will be quoted for at an hourly rate. Change requests for Retainer Deliverables are only limited by the amount of time available within the retainer to implement those changes.

3. Giving sign off on a Project requires the Client to immediately settle any and/or all outstanding fees, unless other alternate prior written arrangements are in effect and in agreement with Unique Consulting.

4. It is the sole responsibility of the Client to ensure that all aspects of a Deliverable are 100% accurate before giving sign off.

5. If signed off artwork is sent to print, manufacturing, production, or a signed off service implemented, but it contains errors that the Client did not notice, then the resulting printing, manufacturing and implementation costs will be for the Client’s account.

6. As soon as the Client gives sign off on a Deliverable the Client automatically accepts all liabilities that might arise from the Deliverable as a whole.

Backups

The Client hereby acknowledges, accepts and confirms understanding that:

1. Unique Business Plans will hand over the source files and standard exported files formats to the Client via email. It is up to the Client to ensure that it is backed up. Unique Business Plans does not offer backup services although it may or may not store it as part of an archiving process.

2. Once a website has been set live on the Client’s domain then it is up to the Client to ensure that they have regular backups made of the website, either directly or through their hosting company. The Client needs to back up their own email accounts regularly.

3. Unique Business Plans does not offer or guarantee backups of Deliverables. Unique Business Plans may choose to store files as part of regular internal archiving processes. It is the Client’s responsibility to request copies of important files, if not already provided, and to store it safely.

Acceptance

The Client hereby confirms to having read the contents of the Terms and Conditions, understanding it and agreeing with it.