Terms and Conditions
These terms and conditions (“Terms”) govern your use of the Contrast Media website, www.digitalcontrastmedia.com / www.contrastmedia.co.za (“Websites”). The products & services specified on these Websites (“Products” and “Services”) are sold on these terms and conditions. Your use of this Website and/or your purchase of Products & Services means you accept these Terms. Do not use these Websites or purchase any Products if you do not accept these Terms.
- All Products and Services to be supplied by Contrast Media to you are as described on the Website unless otherwise agreed at the time of purchase. We will take all reasonable steps to supply the Products & Services in accordance with the description on the Website but reserve the right to supply the Products & Services subject to minor variations in actual specifications.
- All orders are subject to acceptance and availability of the Products and/or Services ordered and receipt of payment from You. We are entitled to refuse any order placed by You by notice.
- All purchases made through this website are in American dollars, British Pounds, or South African Rands. If your native currency is not one of these, we will try to include an approximate equivalent in your currency in our proposal / quotation.
- As every project is unique, it is impossible to quote standard prices on this Website. Instead, every project will be quoted individually, based upon the time, work and expertise required to complete the project.
- By purchasing any Product or Service from Contrast Media, you agree to indemnify Digital Contrast Media CC and its directors, officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of its use.
- Your first installment payment must be received before commencement of work.
- First installment payment is for time, labor and expertise involved in requirements analysis, information gathering, style identification, and writing.
- Unless otherwise agreed:
- Copywriting will commence within approximately 1 day to 1 month after receipt of first payment. (Exact delivery times are dependent on current workload and client responsiveness.)
- Client will be notified within two (2) business days if the requested work cannot be completed within the time frame agreed to.
- The balance of all invoices are to be paid within 3–7 days from date of invoice.
- All original copy purchases include up to 1 weeks worth of rewrite time but this will vary according to specific project scope.
- Once the project (copy) has been handed to the client an invoice is generated on that date, although rewrites may still be requested within a timeframe of (1) week. Approval after this week will be automatic.
- Purchase price does not cover travel or client-site meetings.
- All additional work discussed separate from the initial project scope will be deemed an expansion of that project and will not be covered by the purchase price.
- Contrast Media reserves the right to refer to your project in future promotions of any sort, if we have your permission to do so.
- Client accepts full responsibility for all detail contained in the copy and all claims made within the copy. Client indemnifies Contrast Media and its directors, officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of any use of the copy.
- Upon receipt of full payment, client is granted rights to use proposed copy for any purpose they see fit, as long as it does not amount to a criminal offence.
By reprinting any of Contrast Media’s free reprint articles, You are agreeing:
- Not to change the article in any way
- To include the byline (including a link to our website)
- To indemnify Contrast Media and its directors, officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of the use of the article(s)
Intellectual Property Rights
- The material contained on this Website is protected by copyright. You may use this Website for Your own non-commercial purposes in accordance with these Terms.
- You must not use, copy, modify, publish, transmit, store, or distribute the material on this Website, or create any other material using material on this Website without prior written approval from Us except to the extent permitted by relevant copyright legislation in the Territory.
- Except with prior written consent from Us, trade marks (whether registered or unregistered) and logos on this Website must not be used or modified in any way by You.
- This Website, images, material and processes contained in this Website may be the subject of other intellectual property rights owned by Us or by third parties. Your use of this web site must not in any way infringe the intellectual property rights of any person.
- You agree to indemnify Us and keep Us indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse by You of any part of the Website.
- This Website may contain links to third party websites. We make no warranties and accept no liability in relation to material contained in any third party website and provide the link merely for Your consideration and convenience. A link to a third party website should not be construed as an endorsement, recommendation or approval of the content on that website.
Security of the Website
- We accept no responsibility or liability for interference with transmissions over the Internet or by email or any consequent loss or liability caused to You.
- Contrast Media is not responsible for the claims made and views and opinions expressed, in articles posted for sale on this website, nor does it necessarily agree with or espouse those claims, views, and opinions.
- (Jurisdiction) This Contract shall be governed by the laws of South Africa and the parties submit all disputes arising between them to the courts in Cape Town, South Africa and any court competent to hear appeals from those courts of first instance.
- (Entire Contract) These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any Products and supersedes all previous negotiations, commitments and agreements about the Website and the Products.
- (Amendment) We reserve the right to change these Terms at any time; we therefore recommend that You check the Terms from time to time for any changes/updates. Your continued use of the Website or purchase of Products will mean You accept the amended Terms.
- (No Waiver) No failure by Us to enforce any right under these Terms is a waiver of that right, and no waiver of any breach of these Terms is a waiver of any other or subsequent breach.
- (No Reliance on Representations) You acknowledge that no representations, either in words or by conduct, in connection with or in the course of negotiations leading to the purchase of Products have been made by Us other than the representations expressly contained in these Terms.
- (Severability) If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then:
- That provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity; or
- If it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms,
and these Terms will otherwise remain in full force.
(Interpretation) In these Terms unless the context requires otherwise:
- “Primary Payment” means any payment by You to Us of any fees or other amounts payable by You to US under these Terms.
- “We”, “Us” and “Our” means Contrast Media;
- “You” and “Your” means the user of the Website and/or the purchaser of the Products who is of legal age in the country of use.