The following terms and conditions apply to all project development / design services provided by Torque Social to the Client.

1. Acceptance
   It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges
   Charges for services to be provided by Torque Social are defined in the project quotation/proposal that the Client receives via email. 

Quotations/proposals are valid for a period of 7 days. Torque Social reserves the right to alter or decline to provide a quotation after expiry of the 7 days.

A 60% non-refundable deposit is payable before any work will start, unless other arrangements have been agreed to in writing.

Full payment is due on the 5th of each relevant month.

All Design & Content remains the property of Torque Social until paid for in full.

All search engine marketing, content marketing and social media services are to be paid in full upfront.

Payment for services is due by EFT. Bank details will be made available on invoices.

3. Client Review
   Torque Social will provide the Client with an opportunity to review the appearance and content of the drafted project work during the design / content creation phase and once the work is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Torque Social otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
   Torque Social will install and publicly post or supply the Client’s project information by the date specified in the project proposal, or at date agreed with the Client upon Torque Social receiving initial payment, unless a delay is specifically requested by the Client and agreed by Torque Social.

In return, the Client agrees to delegate a single individual as a primary contact to aid Torque Social with progressing the commission in a satisfactory and expedient manner.

During the project, Torque Social may require the Client to provide project content; text, images, video and sound files if required.

5. Failure to provide required project content:
   Torque Social is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above conditions say do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document or Google drive doc, with the pages in the supplied document representing the content of the relevant pages on your project. These pages should have the same titles as the agreed project pages. Contact us if you need clarification on this.

6. Payment
   A 60% non-refundable deposit is payable before any work will start, unless other arrangements have been agreed to in writing.

Full payment is due on the 5th of each relevant month.

All Design & Content remains the property of Torque Social until paid for in full.

Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) per month of the total amount due.

7. Additional Expenses
   Client agrees to reimburse Torque Social for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
8. Web Browsers
   Torque Social makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Torque Social cannot guarantee correct functionality with all browser software across different operating systems.

Torque Social cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the project has been designed and handed over to the Client. As such, Torque Social reserves the right to quote for any work involved in changing the project design or website code for it to work with updated browser software.

9. Default
   Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Torque Social Web space, Torque Social will, at its discretion, remove all such material from its web space. Torque Social is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Torque Social reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Torque Social in enforcing these Terms and Conditions.
10. Termination
    Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
    Torque Social services may be used for lawful purposes only. You agree to indemnify and hold Torque Social harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
    The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Torque Social the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Torque Social permission and rights for use of the same and agrees to indemnify and hold harmless Torque Social from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for project design and/or placement shall be regarded as a guarantee by the Client to Torque Social that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
    Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (text files delivered on disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Torque Social to return to the Client any images or printed material provided for use in creation of the Client’s project, such return cannot be guaranteed.
14. Design Credit
    For client websites designed by Torque Social, a link to Torque Social will appear in either small type or by a small graphic at the bottom of the Client’s website project. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than R25000, a fixed fee of R2500 will be applied. 

The Client also agrees that the website developed for the Client, and/or any other work done by Torque Social may be presented in Torque Social’s portfolio.

15. Access Requirements
    If the Client’s project is to be installed on a third-party server, Torque Social must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
    Torque Social cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
    Torque Social may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Torque Social. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. General
    These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
19. Social Media Management
    Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. 

Torque Social will work to honor the components of your chosen social media package or services. 

20. Governing Law
    This Agreement shall be governed by The Laws of South Africa.
21. Liability
    Torque Social hereby excludes itself, it’s Employees and, or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Torque Social to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability
    In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Refunds and Cancellations
Web Design
Payments for custom design projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Torque Social and if applicable, a fee for all work completed beyond what was already paid, for shall be paid by the client.

Web Development
Payments for custom web development projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Torque Social and if applicable, a fee for all work completed beyond what was already paid, for shall be paid by the client.

Search Engine Optimization, Internet Marketing and Social Media Optimization
Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are nonrefundable, and Torque Social does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are nonrefundable, as it is applied to costs immediately incurred by Torque Social in initiating services. If a project is cancelled or postponed, all monies paid are retained by Torque Social and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Project Hosting
Payments for past months of web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If the client did not make use of the account, payment for services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 15 days after the due date of payment not received. If the client paid for the hosting account for 12 months ahead and cancels service before the plan expiration date, the amount is nonrefundable. If a client received free products and/or services with their hosting plan purchase, the value of the free services will be deducted from the refund amount. Torque Social reserves the right to disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.