Effective Date:  2026

These Terms and Conditions govern all services provided by NB: Creative Agency ("NB: Creative Agency", "we", "our", or "us"). By accepting a quotation, paying a deposit, signing a proposal, or instructing us to commence work, you agree to these Terms and Conditions.

1. Our Services

NB: Creative Agency offers a range of creative and digital services, including but not limited to:

• Website Design and Development

• Branding and Logo Design

• Graphic Design

• Social Media Management

• Content Creation

• Digital Marketing

• Advertising Campaigns

• Marketing Material Design

• Website Maintenance

• Creative Consulting and Related Services

The specific services to be provided will be outlined in the quotation, proposal, or service agreement accepted by the client.

2. Quotations

All quotations issued by NB: Creative Agency are valid for 14 calendar days, unless otherwise stated.

A quotation does not constitute a binding agreement until it has been accepted by the client and the required deposit has been received.

Should the scope or requirements of the project change after acceptance, NB: Creative Agency reserves the right to revise the quotation accordingly.

3. Deposits and Payments

A non-refundable deposit of 30% is required before any work will commence, unless otherwise agreed in writing.

The remaining balance is payable upon completion of the project and before any final artwork, source files, website credentials, website migration, or ownership of deliverables is transferred to the client.

For monthly services such as social media management, website maintenance, or digital marketing, invoices are payable in advance on or before the agreed payment date.

Late payments may result in work being suspended until the account is brought up to date.

NB: Creative Agency reserves the right to charge interest on overdue accounts at the maximum rate permitted by South African law.

The client will be responsible for any reasonable legal or debt collection costs incurred in recovering outstanding amounts.

4. Project Timelines

Estimated completion dates are provided as guidelines and may vary depending on the complexity of the project and client response times.

Delays caused by late payments, delayed approvals, changes to the project scope, or failure to provide required content will automatically extend the project timeline.

NB: Creative Agency cannot be held responsible for delays beyond our reasonable control.

5. Client Responsibilities

The client agrees to:

• Provide accurate and complete information.

• Supply all required text, images, logos, branding material, and content in a timely manner.

• Ensure that all supplied material is legally owned or licensed for use.

• Review work submitted and provide feedback within a reasonable timeframe.

• Appoint one primary contact person for approvals and communication where applicable.

Failure to provide information or approvals may delay the project.

6. Revisions

Unless otherwise stated in the quotation, each project includes two rounds of reasonable revisions.

Additional revisions or requests that fall outside the agreed project scope will be charged at NB: Creative Agency's standard hourly rate.

A revision refers to modifications to an existing concept and does not include creating entirely new designs or concepts.

7. Changes to Scope

Should the client request additional work outside the original quotation or approved scope, NB: Creative Agency will issue a revised quotation before proceeding.

No additional work will commence without the client's approval.

8. Website Projects

Unless specifically included in the quotation, the client is responsible for:

• Domain registration and renewals

• Website hosting fees

• Premium themes and plugins

• Third-party software subscriptions

• Email hosting services

Once a website has been approved and launched, responsibility for ongoing maintenance, updates, backups, and security rests with the client unless covered by a separate maintenance agreement.

NB: Creative Agency cannot guarantee uninterrupted website availability due to factors outside our control, including hosting provider outages, software updates, internet failures, or third-party platform issues.

9. Intellectual Property

All concepts, draft designs, working files, and source files remain the intellectual property of NB: Creative Agency until full payment has been received.

Upon full payment, ownership of the final approved deliverables transfers to the client, unless otherwise agreed in writing.

NB: Creative Agency reserves the right to display completed work in our portfolio, website, social media platforms, marketing material, and promotional content unless the client has requested confidentiality in writing before the project commences.

10. Third-Party Services

Projects may involve third-party providers, including hosting companies, domain registrars, printers, payment gateways, software providers, social media platforms, or advertising platforms.

NB: Creative Agency is not responsible for service interruptions, outages, pricing changes, policy updates, software changes, or technical issues caused by third-party providers.

11. Social Media and Marketing Services

NB: Creative Agency will use reasonable skill, care, and professional judgment when managing marketing campaigns and social media accounts.

However, we cannot guarantee:

• Sales

• Leads

• Enquiries

• Followers

• Engagement

• Website traffic

• Search engine rankings

• Advertising performance

• Return on investment

Marketing results depend on numerous external factors beyond our control.

12. Project Approval

Clients are encouraged to review work carefully before approving it.

Once final approval has been provided, NB: Creative Agency will not be held responsible for spelling errors, incorrect information, design preferences, or omissions that were present in the approved version.

If no feedback is received within 72 hours of work being submitted for approval, the project may be considered approved for the purposes of maintaining agreed timelines, unless otherwise agreed in writing.

13. Cancellation

Should the client cancel a project after work has commenced:

• The 30% deposit will not be refunded.

• The client will remain liable for payment of all work completed up to the date of cancellation.

• Any completed work remains the property of NB: Creative Agency until all outstanding amounts have been paid.

NB: Creative Agency reserves the right to terminate any project where communication becomes abusive, unreasonable, or where payment obligations are not met.

14. Confidentiality

Both parties agree to keep confidential information private and not disclose such information to third parties unless required by law or with written consent.

15. Limitation of Liability

To the maximum extent permitted by law, NB: Creative Agency shall not be liable for:

• Indirect or consequential damages

• Loss of profits

• Loss of business opportunities

• Loss of income

• Data loss

• Business interruption

• Website downtime caused by third-party providers

Our total liability for any claim relating to a project shall not exceed the amount paid by the client for that specific project.

16. Force Majeure

NB: Creative Agency shall not be liable for delays or failure to perform our obligations where such delays arise from circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet failures, cyber-attacks, labour disputes, government action, civil unrest, pandemics, or other unforeseen events.

17. Protection of Personal Information (POPIA)

NB: Creative Agency is committed to protecting the privacy of our clients.

Personal information will only be collected, stored, processed, and used where necessary to provide our services and in accordance with the Protection of Personal Information Act, 2013 (POPIA).

Client information will never be sold or shared with third parties except where required by law or where necessary to deliver the agreed services.

18. Consumer Protection

Nothing contained in these Terms and Conditions limits or excludes any rights afforded to consumers under the Consumer Protection Act 68 of 2008, where applicable.

19. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa.

Any dispute arising from these Terms shall first be addressed through good-faith discussions between the parties.

Should the dispute remain unresolved, either party may refer the matter to mediation or pursue legal remedies through the appropriate courts of South Africa.

20. Acceptance

By accepting a quotation, paying a deposit, signing a proposal, or instructing NB: Creative Agency to commence work, the client confirms that they have read, understood, and agree to these Terms and Conditions.

NB: Creative Agency

Professional. Creative. Reliable.