TERMS AND CONDITIONS OF SERVICES
Before you read all the legal stuff, this tells you in simple terms how we want to do business.
• Our goal is for you to love the service you get, and be a happy customer. Respecting your privacy and sensitive information, including your contact information, is critical for us to reach this goal.
• We will never share, sell, or give away your information – we hate spam, and don’t want you to get any more spam because of us.
• We are committed to security – we are committed to implementing good practices of security. We work hard to maintain our client’s privacy and security. This means we may use strange passwords, or exchange some details by phone or text only – but it’s to protect you and us. we also promise that your business details/ideas etc. will never be made known to anyone else.
• We will be a transparent and open business – we communicate openly with our clients. we will update you with news of your projects, both good and bad, so that you know we are doing our best to reach your goals too.
All work carried out by Deftwave will be subject to the following Terms and Conditions.
1. Free initial consultation meeting (usually 1/2 an hour – by telephone, WhatsApp and Conference Calls -Teams)
• Determine client brief
• Client business and background
• Customer requirements
• Additional special requirements
• Assess any relevant marketing materials
2. Terms of Engagement
• Further information is required from the client to facilitate the process
3. Additional consulting
• If coaching or consulting is required to get the client to a stage where work can commence, a technical coaching package will be recommended & quoted for, to get things to a stage where the technical work can commence.
• If a client needs assistance with conceptualizing new ideas or offerings, the time taken on the phone, WhatsApp, Skype call or doing research on behalf of the client, will be billable time if exceeding 1/2 an hour.
1.1 Any quotations are only valid for a period of 2 weeks unless otherwise agreed by both parties. The quotation forms part of the Terms and Conditions on this page. If you accept a quotation and then a project start is delayed by more than a month, we reserve the right to re-quote and re-invoice.
1.2 Responsibility of final proof listening of content lies with the client.
Changes as a result of an error by Deftwave will be corrected free of charge. Changes as a result of the client changing their mind may be subject to additional charges, as changes always take time.
1.3 will not be held liable or responsible for the end use of any documents or work carried out by us. we retain the right to reject work that we feel is illegal, immoral or objectionable.
1.4 Most Graphics Design work is undertaken by Deftwave. We are happy to use client-provided graphics for use in cover/album art pages, but we do not check the copyright of images
1 4.1 Cover Arts, simple text-based banners (headers) can be created, but Banners/headers: for projects and anything complex will need to be designed and subject to additional charges. We will inform and show you if any design requirements are needed so that we are on the same page.
1.4 2 Iterations of the content of the project: Once a mix/master/demo is agreed on (typically during the initial production phase of the project process), any significant changes to this will be chargeable. This includes a change of vocals and, a change of instrument/mix/additions.
(The reason for this is that customizing a project to a certain requirement takes several hours.)
1.5 Email support ends 2 weeks after the completion of a project unless otherwise agreed or quoted for in advance. If a client expects/plans to be away during the period after the track/album goes released, they to ensure all support questions are still asked within the time frame.
This time frame includes any tutorial time included in quotations. This must be completed at the time of the project release date, at the latest within the period of email support.
Further support will incur charges as detailed on the Support page.
1.6 Support (whether prepaid or ad-hoc) is undertaken during working hours only in SA (9 am to 5.00 pm), Monday to Friday excluding SA bank (public) holidays, with time differences being taken into account for Western European, US and South African clients. Support for clients in other countries will be agreed on an individual basis.
Support requested or undertaken after hours, on weekends, or on holidays will be charged at a higher rate.
1.6.1 Deftwave does not guarantee the availability of immediate support but will make every effort to accommodate the needs of clients.
1.7 Security and Backups Deftwave does its utmost to ensure that your project is secure, by setting backups where applicable and taking backups prior to starting any updates. However, Deftwave is not responsible for the general security and availability of client’s projects. Deftwave will work with the client and the legal services provider to restore/recover a project if this becomes necessary, but the cost of doing this rests with the client.
1.8 Ownership of work done by Deftwave remains with Deftwave until all payments are received. Access to projects, email marketing etc. may be restricted until accounts are settled. Details of copyright and license to work created by Deftwave are detailed in this document.
1.9 The client will always be the legal owner of their project, tracks, song rights name and song details. Deftwave will pass all song details to the client once a project is complete and all outstanding monies have been settled.
For this reason, Deftwave will not make such purchases on behalf of clients (for example, Legal Copywriting ), but will happily help them in the purchasing process.
CHARGES AND PAYMENTS
2.1 Payment is to be made on receipt of an invoice for work to commence. Full payment is required for projects under R2000; a deposit of R2500 or 65% unless agreed on by both parties, (whichever is the larger amount) is required for larger projects and the balance will be due when the project is released, whichever is the earlier date.
If any work commences (investigations, analysis, design, phone consultations) and the client is then unable to proceed with the project the deposit will not be refunded in full. A pro rata amount will be agreed for the number of hours already worked, and the balance (if any) refunded.
2.2 Payment must be made in advance for any coaching/support/retainer packages.
2.3 Payment must be made by electronic bank transfer, Cash Payments or online Payments.
2.4 Payment of outstanding balances is strictly according to the terms of the contract, depending on the work carried out and the terms specified at the time of quoting.
2.5 Failure to complete full payment within 14 days of the agreed due date will result in interest being charged (at a rate of 3% per month or part thereof) on the outstanding balance.
2.6 Any unused hours from a support/retainer package will be rolled over for a maximum of one month unless otherwise agreed.
2.7 If a client’s original requirements change, we reserve the right to change our original quotation following consultation with the client.
2.8 If a project over-runs the agreed “release date” by more than one month due to delays on the client’s side, Deftwave reserves the right to check with the client for possible issues.
2.9 Unused time for time-based projects expires after one month, and cannot be carried forward.
These terms and conditions govern your subscription to Deftwave’s monthly subscription services. By subscribing to our Services, you agree to comply with and be bound by these Terms. Please read them carefully.
1.1. Subscription Plans: Deftwave offers various monthly subscription plans, each with different features and pricing. You can find the details of these plans on our website.
1.2. Payment: You agree to pay the monthly subscription fee as specified in the selected plan. Payment will be charged to the payment method you provide during sign-up. Payments are non-refundable.
2. Renewal and Cancellation
2.1. Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. We will charge the subscription fee using the payment method on file.
2.2. Cancellation: You can cancel your subscription at any time through your account settings on our website. Cancellation requests made before the end of the current billing cycle will prevent automatic renewal for the following month.
3. Usage and Access
3.1. Access: Your subscription grants you access to our media production services as described in your chosen plan.
3.2. Account Information: You are responsible for maintaining accurate and up-to-date account information, including your email address and payment details.
4. Content and Ownership
4.1. Content Rights: All content created or provided by Deftwave, including but not limited to videos, graphics, and audio, remains the intellectual property of Deftwave. You are granted a limited, non-exclusive license to use this content while subscribed to our Services.
4.2. User Content: Any content you provide to us for the purpose of creating media, including text, images, and audio, remains your property. Deftwave may use such content solely for the production of media and will not share or distribute it without your permission.
Deftwave reserves the right to terminate your subscription and access to our Services if you violate these Terms or engage in any unlawful or harmful activities on our platform.
6. Changes to Terms and Services
Deftwave may update these Terms and the features of our subscription plans from time to time. We will notify you of any significant changes via email or through our website.
8. Contact Information
If you have any questions or concerns about these Terms or your subscription, please contact us at email@example.com.
By subscribing to Deftwave’s monthly subscription services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
CONFIDENTIALITY AND DATA PROTECTION
3.1 Confidentiality is guaranteed at all times.
3.2 No information will be made available to any third party unless required by the laws of South Africa or the respective Country in the case of criminal or other investigations.
3.3 All work will be kept on file for a period of 12 months after completion of a project, after which, unless agreed otherwise with the client, the records will be deleted.
If a client is unable to agree to these terms and conditions then an invoice becomes null and void