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Terms and Conditions
These Terms and Conditions serve as the Terms and Conditions to all Alexander Fine Attire services and products unless stated otherwise. These Terms and Conditions form the basis of all Agreements between Alexander Fine Attire CC and the Client, and are incorporated into all Alexander Fine Attire products, packages, services and quotations, unless specifically excluded.
1. Definitions & Interpretation
- “Agreement” shall mean the Quotation as defined below, and as read with these Terms and Conditions into which shall be incorporated all instructions (excluding cancellations) received from the Client, and these Terms and Conditions governing the relationship between the Company and the Client.
- “Checklists” shall mean the individual sections which form part of the Project Management System as herein defined completion of which is required in order to supply relevant Project information to the Company.
- “Component” shall mean any individual service or product or discrete unit of website functionality or combination of the aforegoing of which Packages may be comprised.
- “Effective Date” shall mean the date of acceptance of the Quotation.
- “Fees” and “Additional Fees” shall refer to the costs set out in the schedule of fees listed in, or attached to, the Quotation, or available from the Company on request.
- “Forge” shall mean the current development platform utilised by the Company as the basis of websites and shall include, but not be limited to, development platforms used by the Company in the past, or which may be used in the future.
- “Initial Period” shall mean the payment period specified in the Quotation.
- “Marketing Consultation Summary” or “MCS” shall mean the initial phase of the Project Process, including the website drawings, and the navigation and content summary.
- “Package” shall mean the collection of products and / or services and / or units of website functionality as defined in the Quotation, comprising of a number of individual Components.
- “Parties” shall mean both the Company, and the Client.
- “Project” shall mean the entirety of the work undertaken on behalf of the Client.
- “Project Process” shall mean the entire procedure involved in the completion of the Project, as laid out in the Project Management System, and including the supply of the relevant information, approval of the various stages, and settlement of all amounts due, owing and payable to the Company.
- “Project Management System” shall mean the online system provided by the Company, to the Client, by means of which the Company shall gather the required information from the Client, and through which the progress of the Project shall be recorded and monitored.
- “Shell Design” shall mean the non-functional visual design or look and feel of a commissioned website supplied in graphic format in order to provide a representation of the final appearance of said website.
- “Services” shall mean any non-material services or actions carried out by the Company on behalf of the Client at any time.
- “Systems” shall mean any software, hardware, development platforms, functionality or websites as used by the Company from time to time.
- “Traffic” shall mean the movement of data between the server of the Company and the end-user, measured in megabytes.
- “The Client” shall mean the signatory of the Quotation as defined in this document.
- “The Company” shall mean Alexander Fine Attire Pty Ltd.
- “Quotation” shall mean the document, provided by the Company to the Client, setting out the relevant Package and / or Components requested by the Client.
3. Commencement, Duration & Termination or Cancellation
- The Agreement shall commence upon the Effective Date as defined herein.
- The Initial Period of the Agreement where applicable shall be in accordance with the payment option selected by the Client, as indicated in the Quotation.
- The Agreement shall have no maximum duration, but shall persist subsequent to the expiry of the Initial Period unless cancelled as provided for in these Terms and Conditions.
- Either party shall be entitled to terminate the Agreement, or any service contained in the Agreement, upon written submission of one (1) calendar month’s prior written notice, subsequent to the expiration of the Initial Period as set out in the Quotation if applicable.
- Such written notice of cancellation or termination as described in 2.4 above shall be provided on an official letterhead, above the signature of the original signatory of the Quotation, or in the event that such person is no longer associated with the Client, a duly authorised representative of said Client.
- Facsimile or electronic copies of such notification will be accepted only in conjunction with the original notice hand delivered to the offices of the Company or sent by pre-paid registered post to the domicilium citandi et executandi of the Company as set out in these Terms & Conditions.
- In the event of the termination of this Agreement, for any reason whatsoever, any amount due to the Company shall become due, owing and payable immediately.
- No Notice of Cancellation can be accepted unless the account is fully up to date.
- In the event that the Client has requested a payment option as specified in the Quotation, Forge costs for the duration of the Package will remain due where applicable, and shall be included in the outstanding total amount upon cancellation, should such cancellation occur prior to the completion of the Initial Period of the specified Package.
- The Client accepts that the Company shall treat instructions and requests, (excluding cancellation instructions which must be submitted as set out in paragraph 2.4 above) submitted via electronic mail as official requests or instructions which shall be incorporated into the Quotation and Agreement governed by these Terms & Conditions without the necessity of separate signatures to include such instructions within the Quotation.
- The Client accepts that they shall not cede, or assign, any rights or obligations under this Agreement without the prior written consent of the Company.
- The Parties agree that the acceptance of the quotation through the quotation software application used by the Company shall constitute a binding electronic signature signifying the acceptance of the quotation by the Client.
3. Fees, Invoicing & Payments
- All debit orders will be effected in the last week of every month.
- All amounts due to the Company shall be payable within seven (7) days of the date of invoice.
- All Google spend amounts must be paid upfront for the subsequent month.
- All deposits, payments and associated fees paid to the Company by the Client will be considered non-refundable.
- All accounts in arrears of thirty (30) days or more shall incur interest charges at the rate of prime plus two (2) percent based on the lending rate of the Standard Bank of South Africa.
- Failure by the Client to pay any owing amount which has been outstanding for thirty (30) days or more will result in all aggregate charges specified in the Quotation as well as any other amount owed to the Company becoming due, owing and payable immediately.
- The Company shall reserve the right in its sole discretion to suspend the accounts, domains or services of any Client whose account falls into arrears exceeding fourteen (14) days.
- The Client accepts that all invoices sent by the Company shall be deemed to have been received by the Client on the day after the invoice has been transmitted electronically by the Company.
- Not withstanding the terms of paragraph 3.8 above, the Client accepts that they shall not be entitled to invoke the defense that the monthly fees payable for services in terms of the Quotation or Agreement have not been paid due to late or non-receipt of monthly invoices and/or statements. The Client shall remain liable for the payment of any amounts due to the Company irrespective of whether the Client has received an invoice and / or statement or not.
- Any account suspended by the Company shall be subject to a reconnection fee of R350(+VAT).
- In the event that the Client has multiple domains and / or services with the Company, such suspension referred to in 3.6 above may be applied to all Client domains and / or services at the discretion of the Company.
- The Company reserves the right to withhold the release of Client domains until such time as all outstanding amounts have been settled.
- Package costs before the inclusion of additional Components are fixed amounts. No discounts apply in regard to electing to remove Components from any Package.
- Domains shall be renewed automatically in the absence of instructions to the contrary by the Client.
- Where applicable, the Client shall be invoiced for the monthly Forge fee thirty (30) days after the date of the initial invoice.
- In the case of an existing Client upgrading to Forge, the relevant monthly fee shall be payable immediately.
- No discount shall apply in the event that the Client has utilised less than the allotted amount of Traffic. An additional cost of R0.42 per additional Mb of Traffic over the allotted amount shall apply.
- In the event that payment by the Client is stopped, or returned unpaid, the Company shall be entitled to charge a processing fee of R150.00 per failed payment, in addition to amounts outstanding, a reconnection fee as described in paragraph 3.9 above if applicable, and any legal cost incurred in recovering outstanding payments on the attorney and client scale.
- In the event that a Client, for whatever reason, makes an incorrect payment which requires reversal, the Client shall be subject to a banking and administration fee of R120 in order to effect the reversal of such incorrect payment.
- Failure to complete any Project within six (6) months due to failure on behalf of the Client to provide the necessary co-operation, support, information or approval to the Company will result, at the sole discretion of the Company, in the lapse of the Project and terms of the Agreement at which point all outstanding amounts shall become due, owing and payable immediately.
- The Company reserves the right to increase or decrease the costs of the products, packages or services offered by the Company at any time, in its sole discretion, on provision of reasonable notice of such change to the Client. In addition, the Company reserves the right in its sole discretion to increase charges annually, while endeavouring to remain within CPIXguidelines.
- The Client accepts that, on the commencement of the Project Process, but subsequent to the completion of the Marketing Consultation Summary phase as allowed for in paragraph 3.23 below, the balance of payment as set out in the Quotation will become due, owing and payable. In the event of the termination of the Agreement by the Client subsequent to the completion of the MCS, the entire quotation amount will become due, owing and payable immediately.
- In the event that cancellation occurs during the Marketing Consultation Summary phase, and prior to acceptance of said phase, the Client agrees that they shall forfeit the deposit as set out in paragraph 3.4 of these Terms and Conditions. In the event that the value of the time and services provided up to the date of cancellation, if such cancellation occurs prior to the completion of the Marketing Consultation Summary phase, exceeds the value of the aforementioned deposit, the Client accepts liability for any difference between the deposit and the value of the time and / or services provided up to that point.
- The Client further agrees that in the event that any amounts are owing to the Company by the Client and the Company remains in possession of any property of the Client, including but not limited to domains, website content and design elements, the Company shall have a bona fide lien over such property, and shall have the right to retain such property until all outstanding amounts have been paid to the Company.
- The Client accepts that, once final approval has been signed indicating acceptance of the website, final payment shall be made within seven (7) days from the date of final approval. Failure to make final payment within seven (7) days from the date of final approval shall result in the full suspension of the website and all functionality. Forge charges if applicable shall apply as normal during the period of suspension. In the event that final payment has not been received within fifteen (15) days of the date of final approval, the Company may institute legal proceedings in order to recover outstanding costs in accordance with these Terms & Conditions.
- The Company reserves the right to track the bank account of the Client in order to recover any outstanding amount by resubmitting an unpaid debit order when such amount becomes available.
- In the event of any default by the Client of any provision of this Agreement, the Client hereby consents and authorizes the Company to furnish the name, credit record and repayment history of the Client to any credit bureau as a delinquent debtor. It is also agreed that the Company may use any means to verify the information contained in or required by this document.
- The Client accepts that the contents of invoices shall be deemed as correct and accepted by the Client unless a query is submitted in writing to the Company within 30 days of the date of invoice.