The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Billy Jean Intelligent Marketing Agency, for and on behalf of any Client(s) who have duly signed Billy Jean Intelligent Marketing Agency’ quotation(s) for any such products and/or services, and therefore authorized Billy Jean Intelligent Marketing Agency to render the aforementioned products and deliver said services.

Terms and Conditions:

1. Estimation Process.

1.1. The Client must fill in any of Billy Jean Intelligent Marketing Agency’s online estimation forms for Billy Jean Intelligent Marketing Agency to issue an accurate and binding quotation.

1.2. Any of our online estimation forms can be accessed here (https://billyjean.agency/get-estimate/) to complete and submit to Billy Jean Intelligent Marketing Agency.

1.3. If the Client requires further assistance with filling in any of the online estimation forms, Billy Jean Intelligent Marketing Agency is willing to assist the Client. This time may be billed to the Client at the discretion of Billy Jean Intelligent Marketing Agency.

2. Quotation.

2.1. Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.

2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.

3. Acknowledgement.

3.1. Upon a Client signing the Billy Jean Intelligent Marketing Agency Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.

4. Agreement.

4.1. 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 Billy Jean Intelligent Marketing Agency stipulated bank and account details as provided.

4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Billy Jean Intelligent Marketing Agency, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Billy Jean Intelligent Marketing Agency.

4.3 Billy Jean Intelligent Marketing Agency commits to working expeditiously to complete the quoted products and/or services within the online estimation form and time-frames indicated as per the Quotation(s).

4.4. To deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.

4.5. Billy Jean Intelligent Marketing Agency 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.

4.6. Billy Jean Intelligent Marketing Agency endeavors to make websites that perform well in current major browsers, but can not guarantee backward compatibility (i.e. functionality on older devices and software).

5. Deposit.

5.1. Deposit(s) are non-refundable and non-negotiable.

5.2. Should the Client pay more than the required 50% Deposit, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party (refer to Terms & Conditions 24.).

5.3. Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms and Conditions.

6. Required Documentation.

6.1. Required documentation refers to all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and requested by Billy Jean Intelligent Marketing Agency.

6.2. The Client is to provide all Required Documentation electronically to Billy Jean Intelligent Marketing Agency, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.

6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2.

6.4. If the Client does not supply Billy Jean Intelligent Marketing Agency 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 Billy Jean Intelligent Marketing Agency.

6.5. 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.

7. Copyrights.

7.1. The Client has to ensure they have the Copyright for all material supplied.

7.2. Billy Jean Intelligent Marketing Agency, employees, independent contractors, affiliates, agents, agencies, or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any copyright disputes.

7.3 If and when Billy Jean Intelligent Marketing Agency is 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.

7.4. Billy Jean Intelligent Marketing Agency does not take any responsibility for any content supplied from the Client without proper Copyright whatsoever.

8. Written Content and Fonts.

8.1. Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published following the specified products and/or services.

8.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Billy Jean Intelligent Marketing Agency to design the layout thereof.

9. Graphic Images.

9.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.

9.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.

10. Photographs.

10.1. Photographs supplied by the Client must be of high digital quality and applicable format.

11. Specified Colours.

11.1. Colours specified by the Client must be supplied as HPantone and CMYK values.

12. Printing.

12.1. Billy Jean Intelligent Marketing Agency does not offer any printing products and/or services, therefore Billy Jean Intelligent Marketing Agency takes no responsibility for print and/or any printing errors.

12.2. Completed graphic design, logo, or any artwork by Billy Jean Intelligent Marketing Agency will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.

12.3. Screen colors and digital proofs can vary from litho printing. To ensure color and print quality, it is the Client’s responsibility to request a color proof from their printers.

13. Website Hosting.

13.1. Hosting via Billy Jean Intelligent Marketing Agency

13.1.1. Hosting (https://www.billyjean.agency/hosting-services/) via Billy Jean Intelligent Marketing Agency allows for allocated disk space 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 7 (seven) calendar days after the Invoice date thereof.

13.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month unless committed to payment utilizing a stop order payment, in which instance the last calendar day is applicable.

13.1.3. Hosting fees are payable from the date of domain registration or transfer to Billy Jean Intelligent Marketing Agency.

13.1.4. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.

13.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.

13.1.6. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts 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.

13.1.7. Billy Jean Intelligent Marketing Agency 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.

13.1.8. Hosting cancellations are only accepted in writing, e-mailed to cancelhosting@billyjean.agency, on or before the 1st of the new month as it carries a calendar month notice period.

13.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Billy Jean Intelligent Marketing Agency, thus enabling release to transfer to a Third Party Hosting Service Provider.

13.2. Hosting via a Third Party Service Provider.

13.2.1. The Client has to provide Billy Jean Intelligent Marketing Agency with their Cpanel, FTP, and database details to upload onto Billy Jean Intelligent Marketing Agency’s software.

13.2.2. If the Client uses a Third Party Service Provider on Billy Jean Intelligent Marketing Agency’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.

13.2.3. Billy Jean Intelligent Marketing Agency 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 Billy Jean Intelligent Marketing Agency.

13.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.

13.2.5. Billy Jean Intelligent Marketing Agency 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 Billy Jean Intelligent Marketing Agency.

14. Search Engine Optimization (SEO).

14.1. Billy Jean Intelligent Marketing Agency can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure, and basic content recommendations. Billy Jean Intelligent Marketing Agency can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.

15. E-Commerce

15.1. E-commerce and online shopping website – please refer to our “Online Shop Requirements” (https://www.billyjean.agency/online-shop-requirements/).

15.2. Billy Jean Intelligent Marketing Agency will only load 30 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.

15.3. Should the Client require Billy Jean Intelligent Marketing Agency to load more than the aforementioned 30 loaded products, Billy Jean Intelligent Marketing Agency will issue the Client a Quotation accordingly.

16. Review and Changes.

16.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail.

16.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.

17. Balance of Payment.

17.1. The Client is required to e-mail the Proof of Payment to Billy Jean Intelligent Marketing Agency, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Billy Jean Intelligent Marketing Agency.

17.2. All work remains the property of Billy Jean Intelligent Marketing Agency until the full and final payment is received.

18. Completion Date.

18.1. Activation of the Client’s website is conditional to the Terms & Conditions 17. above.

18.2. 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.

18.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.

18.4. Should Billy Jean Intelligent Marketing Agency not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalized and complete. Therefore, Billy Jean Intelligent Marketing Agency takes no responsibility for website content errors hereafter.

18.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 19.

19. Additional Work

19.1 Additional Work 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 monthly in accordance to these Terms and Conditions, quoted and agreed to.

19.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.

19.3. Scope creep (https://www.billyjean.agency/scope-creep/) will not be tolerated, and setting clear goals, objectives, and specifications in the initial negotiations and online estimation forms with Billy Jean Intelligent Marketing Agency remain the responsibility of the Client.

19.4. Billy Jean Intelligent Marketing Agency may suggest Additional Work 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 Billy Jean Intelligent Marketing Agency will issue the Client a Quotation accordingly.

20. Service Agreement.

20.1. The Client may request Billy Jean Intelligent Marketing Agency access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Billy Jean Intelligent Marketing Agency 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.

20.2. A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.

20.3. Billy Jean Intelligent Marketing Agency commits to respond to any technical error, which may be the result of their Hosting services, design software, or any plausible fault, omission, or neglect on their part within this agreement(s), within 2 (two) working days.

20.4. Billy Jean Intelligent Marketing Agency are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.

21. Invoices and Statements.

21.1. Billy Jean Intelligent Marketing Agency is not a credit service provider and does not grant any credit facilities whatsoever.

21.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of Billy Jean Intelligent Marketing Agency being a month-to-month service provider.

21.3. Billy Jean Intelligent Marketing Agency endeavors to issue and e-mail Client Statements, 7 (seven) calendar days before the last calendar day of each month unless the date falls on a public holiday or weekend.

21.4. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Billy Jean Intelligent Marketing Agency having confirmed receipt of said funds.

21.5. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.

21.6. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced, on the 1st (first) and 7th (seventh) calendar day of each month consecutively and cumulative, unless the date falls on a public holiday or weekend.

22. Consultations.

22.1. Telephonic, Skype, or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.

22.2. Meetings and consultations will be charged at the discretion of Billy Jean Intelligent Marketing Agency, in accordance with these Terms and Conditions, quoted and agreed to.

23. Legal Costs.

23.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Billy Jean Intelligent Marketing Agency’s legal representative(s), and the full outstanding balance becomes payable.

23.2. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.

24. Cancellations.

24.1. 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 7 (seven) calendar days of the invoice date.

24.2. Billy Jean Intelligent Marketing Agency will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 24.1.

24.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.

24.4. Billy Jean Intelligent Marketing Agency reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

25. Security.

25.1. Billy Jean Intelligent Marketing Agency will not be held liable for any viruses, hacking, malicious content, or any Security breaches pertaining to any third-party applications or the Client’s website.

25.2. Billy Jean Intelligent Marketing Agency’ Hosting service provider 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.

26. General.

26.1. Billy Jean Intelligent Marketing Agency 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.

26.2. These Terms and Conditions (https://www.billyjean.agency/terms-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on Billy Jean Intelligent Marketing Agency own website, and date of signing a product and/or service delivery Agreement(s) with Billy Jean Intelligent Marketing Agency.