Terms & Conditions
Terms and Conditions
KTZ Holdings (Pty) Ltd
These Terms and Conditions (“Agreement”) govern all services provided by KTZ Holdings (Pty) Ltd (“Company”, “we”, “us”, “our”) to clients (“Client”, “you”). Services include but are not limited to website design, mobile application development, graphic design, branding, digital marketing, and social media marketing.
By signing an order form, accepting a quotation, or engaging our services, the Client agrees to these Terms and Conditions.
1. Order Approval and Agreement
The company listed on the signed order form gives approval for the given data and orders registration at KTZ Holdings (Pty) Ltd.
All signed order forms constitute a firm order.
By signing the order form, the Client confirms that:
The information supplied is accurate and approved for use.
The Client agrees to these Terms and Conditions.
The order will be fulfilled according to the Terms and Conditions available on www.ktzmedia.co.za.
2. Payment Terms
All invoices issued by KTZ Holdings (Pty) Ltd are payable upon date of invoice.
Payment is required in full before any design, development, marketing, or related services commence, unless otherwise agreed in writing.
All prices charged include VAT, unless otherwise stated.
The Company reserves the right to suspend or withhold services if payments are not received.
3. Order Holds, Cancellations, and Fees
3.1 Order Holds
Orders may be placed on hold within 7 days of signing the order form.
If an order remains on hold for longer than 14 days, the order will automatically be considered cancelled, and 100% of the total order amount will be non-refundable.
3.2 Cancellation of Orders
If the Client cancels an order after signing the order form, the Company reserves the right to charge a reasonable cancellation fee.
3.3 Fixed-Term or Contractual Orders
Where the Client enters into a fixed-term agreement, such as marketing or service contracts, and cancels before the agreed term has been fulfilled, the Company reserves the right to charge a reasonable cancellation fee of up to 50% of the total contract value.
This fee covers:
Administrative costs
Strategic planning
Work already completed
Work scheduled for future delivery
Allocation of company resources
This cancellation fee is applied in accordance with the Consumer Protection Act (CPA), 2008, which permits reasonable cancellation charges for early termination of fixed-term agreements.
3.4 Monthly Retainer Agreements
For services provided on a monthly retainer basis, if the Client terminates the agreement before the end of the agreed contract period, the Company reserves the right to charge 50% of the remaining contract value as a reasonable cancellation fee.
4. Automatic Renewal of Agreements
Where applicable, agreements may automatically renew for an additional term unless written notice of termination is provided prior to the contract end date.
Termination must be submitted in writing.
5. Scope of Services
The Company will perform services as described in the quotation, proposal, or signed order form.
Any services requested outside the agreed scope will require a separate quotation and written approval before work begins.
6. Client Responsibilities
The Client agrees to:
Provide accurate information and materials required for the completion of services.
Respond to requests for approvals or feedback in a timely manner.
Ensure that all supplied materials, images, logos, and content are legally owned or licensed for use.
The Company will not be held responsible for delays caused by late responses or missing materials from the Client.
7. Marketing Services and Performance Expectations
The Company provides marketing services aimed at improving brand visibility, engagement, and digital presence.
Marketing performance is influenced by several external factors beyond the Company’s control, including:
Platform algorithms
Market conditions
Competition within the industry
Consumer behaviour
Advertising budgets
Marketing should be viewed as a strategic process that develops over time, and outcomes may vary depending on the resources allocated and market conditions.
While the Company applies professional strategies and industry best practices, specific performance outcomes or metrics cannot be guaranteed.
8. Client Content Responsibility and Approval
The Client is solely responsible for the accuracy, legality, and ownership of all content supplied to the Company.
This includes but is not limited to:
Images
Videos
Logos
Written content
Product descriptions
Advertisements
The Client confirms that all content provided does not infringe on any copyright, trademark, intellectual property rights, or applicable laws.
The Company will not be held liable for any legal disputes arising from content provided or approved by the Client.
Where content is created by the Company and approved by the Client before publication, such approval constitutes final acceptance and responsibility by the Client.
9. Social Media Accounts and Platform Access
Where the Company manages social media platforms on behalf of the Client, the Client remains the owner of their social media accounts.
The Company requires appropriate administrative or management access in order to perform services.
The Client agrees not to remove or restrict the Company’s access during the contract period if such access prevents the Company from delivering agreed services.
If access is removed or restricted, the Company will not be held responsible for failure to deliver services or marketing performance during that period.
10. Intellectual Property
All creative work produced by the Company, including designs, graphics, strategies, and digital assets, remains the property of KTZ Holdings (Pty) Ltd until full payment has been received.
Upon full payment, ownership of the final approved deliverables will transfer to the Client unless otherwise specified.
The Company reserves the right to display completed work in portfolios, case studies, and marketing materials.
11. Late Payments, Debt Collection, and Legal Costs
If payment is not received within the specified payment terms, the Company reserves the right to:
Charge interest on overdue accounts as permitted by South African law
Suspend or terminate services until payment is received
Recover outstanding amounts through debt collection or legal action
The Client agrees that all legal costs, collection fees, and administrative charges incurred in recovering overdue payments will be for the Client’s account.
12. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary, strategic, or sensitive information shared during the course of the business relationship.
Such information may not be disclosed to third parties without prior written consent unless required by law.
13. Limitation of Liability
KTZ Holdings (Pty) Ltd shall not be liable for:
Indirect or consequential damages
Loss of revenue, profits, or business opportunities
Technical failures or third-party platform disruptions
The Company’s liability shall be limited to the total amount paid by the Client for the services directly related to the claim.
14. Delays Beyond Company Control
The Company shall not be held responsible for delays resulting from circumstances beyond its control, including but not limited to:
Platform policy changes
Technical outages
Third-party service interruptions
Client delays in approvals or content submission
15. Governing Law
This Agreement shall be governed by the laws of the Republic of South Africa, including the provisions of the Consumer Protection Act (CPA), 2008.
16. Acceptance of Terms
By signing an order form, accepting a quotation, or engaging services from KTZ Holdings (Pty) Ltd, the Client confirms that they have read, understood, and accepted these Terms and Conditions.
These Terms and Conditions, together with the signed order form and quotation, constitute the entire agreement between the Client and the Company.