Terms and conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the The Creative Agency website (the “Service”) operated by The Creative Agency South Africa (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions or Service Payments

Our  services are billed on a subscription or one times  basis (“Subscription(s)”). You will be billed in advance on a recurring or onetime (“Billing Cycle”). Recurring billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a  service.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Creative Agency cancels it. You may cancel your subscription renewal either through by contacting sales@thecreativeagency.co.za or by contacting The Creative Agency customer support team at support@thecreativeagency.co.za

A valid payment method, including credit card, will be required to process the payment for your Subscription or service. You shall provide the creative agency with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize The Creative Agency to charge all  fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Creative Agency will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
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Refunds

The Creative Agency ONLY offers refunds when  we do not deliver on the service brief or our products are not working and or if you were charged by a mistake.

Accounts

When you create an account with us or subscribe to a newsletter, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

We do not share your information with any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Creative Agency

The Creative Agency has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Creative Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use our services or products will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless The Creative Agency and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the service, by you or any person using your account and password; b) a breach of these terms.

Limitation Of Liability

In no event shall The Creative Agency, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the our services or products is at your sole risk. Our Services are  provided on an “AS IS” and “AS AVAILABLE” basis.

The Creative Agency its subsidiaries, affiliates, and its licensors do not warrant that a) our services or products will function or delivered uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will The Creative Agency ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of our services, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by The Creative Agency or any person for whom The Creative Agency is responsible, and even if The Creative Agency has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy

Please refer to our privacy Policy . You agree that they constitute part of these terms. You must read our Privacy policy before you use our services.

Contact Us

If you have any questions about these Terms, please contact us at support@thecreativeagency.co.za