TERMS & CONDITIONS

> All prices quoted exclude VAT.
> The above special is valid until 22 November.
> The above specials do not include printing or hosting costs, unless stated otherwise on the special.
> If additional services (including hosting or web transfers) are needed they will be charged additionally.

> It is agreed that:
• this contract represents the entire agreement between the Client and Free Radical Media (Pty) Ltd, and that no alterations or additions to this contract may be effected unless agreed upon to by both parties, reduced to writing and signed by the Client and a duly authorised representative of Free Radical Media (Pty) Ltd;
• this contract will govern all future contractual relationships between the parties;
• this contract is applicable to all existing debts between the parties;
• this contract is final and binding, and is not subject to any suspensive or dissolutive conditions;
• any conflicting conditions stipulated by the Client are expressly excluded;
• these terms supersede all previous conditions without prejudice to any securities or guarantees held by Free Radical Media (Pty) Ltd; and
• these terms apply to all servants, agents and subcontractors of both Free Radical Media (Pty) Ltd and the Client.

> A 50% deposit is required before start of any production and the balance is payable on sign off, of final proof. Deposits are non refundable in the event of cancellation. No digital artwork will be sent to the client untill full payment has been made and cleared.
> Free Radical Media reserves the right to adjust prices as and when increases occur. This change in price will first be discussed with the client prior to increment, should any increases occur.
> Further to the preceding clause, should the Client wish to cancel this contract prior to the expiration date thereof, the Client shall be liable for all fees, excluding third-party advertising fees. (The amount in question shall be calculated from the first month that Free Radical Media (Pty) Ltd will not render services to and including the “final” month of the original contract period.)
> Free Radical Media (Pty) Ltd and the Client adhere to a written cancellation notice of one (1) calendar month if the Client wishes to cancel the product(s) and/or service(s) offered from Free Radical Media (Pty) Ltd.
> The Client agrees that interest shall be payable on any monies due to Free Radical Media (Pty) Ltd at the maximum legal interest rate prescribed in terms of the Usury Act, from the date that they fall due. In the case of late payment, interest shall be calculated from the date of order.
> This contract becomes final and binding on receipt of the acceptance by Free Radical Media (Pty) Ltd at its business address in Pretoria.
> The Client acknowledges that no representations were made by Free Radical Media (Pty) Ltd with regards to the services to be rendered leading up to this contract. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by Free Radical Media (Pty) Ltd in respect of the services, orally or in writing, will not form part of the contract in any way unless agreed to in writing.
> Due to the nature of its general business, Free Radical Media (Pty) Ltd can unfortunately not accept any cancellations during the last three calendar months of the year, that is, during October, November and December.
> The Client agrees that Free Radical Media (Pty) Ltd shall be the sole manager of its online marketing campaign(s) (that is, any PPC campaign) and that such campaign(s) shall be billed to Free Radical Media (Pty) Ltd only as part of the total monthly contractual payment.
> The Client accepts the fact that Free Radical Media (Pty) Ltd may appoint alternative campaign specialists, online marketing specialist(s) and/or Account Manager(s) for various practical reasons during the stipulated contract period.
> All fees, services, documents, recommendations and reports shall be treated in a strictly confidential manner.
> The Client must provide Free Radical Media (Pty) Ltd with current passwords and user IDs needed to gain remote access to the Client’s website files via FTP. Free Radical Media (Pty) Ltd is responsible for maintaining confidentiality of the passwords and user IDs.
> Where FTP access is not possible, the Client agrees to provide an email address of a technician who can upload requested changes on a timely basis. Free Radical Media (Pty) Ltd cannot be held responsible for delays once the technician has been notified of the upload request. A copy of the request will be sent to the Client.
> Free Radical Media (Pty) Ltd reserves the right to utilise the success of the campaign(s) of the Client for its own future marketing. Free Radical Media (Pty) Ltd shall, however, not disclose any personal information of the Client to any third party. All such personal information shall thus be treated in a strictly confidential manner.
> Regardless of the place of execution or performance under this contract or domicile of the Client, this agreement and all modification and amendments thereof shall be governed by and decided upon and construed under and in accordance with the Laws of the Republic of South Africa.
> Free Radical Media (Pty) Ltd shall, at its discretion and notwithstanding that the amount of its claim or the nature of the relief sought by it exceeds the jurisdiction of the Magistrate’s Court, be entitled to institute action in any competent court who possess the requisite jurisdiction.
> In the event of the Client breaching any of its obligation and/or failing to timeously make payment of any amount due to Free Radical Media (Pty) Ltd, the Client agrees to pay and shall be liable to pay all legal costs incurred by Free Radical Media (Pty) Ltd on the attorney and client scale, including collection charges and tracing agent’s fees.
> A certificate under the hand of any director or manager of Free Radical Media (Pty) Ltd (whose authority need not to be proved), in respect of any indebtedness of the Client to Free Radical Media (Pty) Ltd or in respect of any other fact, including but without limiting the generality of the foregoing, the fact that such services shall be prima facie evidence of such other fact and prima facie evidence of the receipt of the services.
> The Client’s address referred to on the front page of this document shall be recognised as the Client’s domicilium citandi et executandi (domicilium for all purposes in terms of this agreement, whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature).
> The Client undertakes to inform Free Radical Media (Pty) Ltd in writing within seven (7) days of any change of Director, Member, Shareholder, Owner or address, or fourteen (14) days prior to selling or alienating the Client business, and failure to do so will constitute a material breach of this agreement.
> Free Radical Media (Pty) Ltd reserves the right to conduct thorough credit checks with the assistance of third-party financial service providers.
> No part-time or full-time personnel of Free Radical Media (Pty) Ltd shall be allowed to be employed by the Client or any of its subsidiaries for the duration of this agreement and for a period of at least one year (12 months) after the lapse of this agreement between Free Radical Media (Pty) Ltd and the Client, unless specifically permitted by Free Radical Media (Pty) Ltd.
> Free Radical Media (Pty) Ltd is not responsible for sourcing of any images, photography shoots or writing and proofreading of articles/material. If required it will be quoted individually.
> There are strictly no refunds.
> Free Radical Media (Pty) Ltd’s office hours are Monday to Friday from 8h00 to 16h30. All services will fall within Free Radical Media (Pty) Ltd’s office hours. An additional overtime fee will be charged if services is required outside of office hours or over weekends.
> This quote does not include the physical presence of a Social Media Expert at any event and/or location unless otherwise specified. If live coverage at an even tand/or location is needed, which requires the physical presence of a Free Radical Media (Pty) Ltd Social Media Expert, it will be quoted for additionally.
> When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos.
> High resolution photographs and logos must be supplied on a disk or via email.
> If the Client supplies his or her own content, final text must be supplied in Microsoft Word .doc or .RTF format. Please check any text you send us carefully as Free Radical Media (Pty) Ltd will not be held responsible for text errors (spelling or otherwise) in published work.
> You represent to Free Radical Media (Pty) Ltd and unconditionally guarantee that any element of text, graphics, photos, designs, trademarks, or other artwork furnished to us for inclusion in production are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Free Radical Media (Pty) Ltd and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
> All material / concepts presented are the property of Free Radical Media (Pty) Ltd and may not be used in any way if and when the client decides to discontinue the services of Free Radical Media (Pty) Ltd unless otherwise agreed upon.
> Client to decide on any competitions, specials giveaways and prizes. Client will be responsible for choosing the winners of each competition when necessary.
> Free Radical Media (Pty) Ltd can not be held responsible for poor sales regarding any social media / Google / online advertising or organic posting campaign, as the main objective of any campaign is to increase awareness and generate leads.
> One set of email proofs will be supplied for final sign off.
> Free Radical Media (Pty) Ltd ’s responsibility will be limited to the artwork supplied. Free Radical Media (Pty) Ltd can not be held responsible for any errors, late deliveries or poor performance from external service providers.
> Free Radical Media (Pty) Ltd shall not be liable to the client for loss of profits or for incidental, special or cones-qeuntial damages arising out of, or in connection with the execution of the order.

> Free Radical Media (Pty) Ltd will not be held responsible for any delays in delivery due to:
– Poor performance or non-performance of services which is not due to the negligence nor in the control of Free Radical Media (Pty) Ltd.
– Any amendments to the order after the date of the quotation being accepted.
– Failure to gain access to information and/or artwork, when required, or from failure to receive appropriate documentation and/or artwork in time from the client.
– Any costs incurred due to these delays will be for the client’s account.

> Annual increases are related to inflation where applicable.
> Any material submitted for publication will not contain anything leading to an abusive or unethical use of the web hosting service, the host server or Free Radical Media (Pty) Ltd. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement policy.
> By signing or proceeding with the order, you warrant that he/she is authorized to sign/proceed on behalf of the Client; who also hereby binds himself/herself as surety and co-principal debtor for the due performance of the payment conditions by the Client; and who acknowledges that he/she has read and agrees to the conditions to listed in this document.
> The Client hereby acknowledges that he/she has read and understood each term of this agreement; accepts these as binding; acknowledges that the content reflects the true meaning of both parties; and that this agreement has been entered into for the benefit of the Client.