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Privacy Policy, Terms & Conditions & POPI Act Compliance

Protection Of Personal Information Act 4 of 2013

DATA PROTECTION POLICY IN RESPECT OF KNOWN DESIGN CO (PTY) LTD (“KDC”)
(COMPANY REGISTRATION NO: 2014/151971/07)

1. WHO IS KDC?

1.1. KDC is a digital design and marketing agency.
1.2. KDC is located in Cape Town, South Africa.
1.3. Roger-Michael Raad has been duly appointed to be the Information Officer of KDC and is the person with whom to liaise in relation to the Protection of Personal Information Act 4 of 2013 (“the Act”).

2. PURPOSE OF THIS DOCUMENT

2.1. This document sets out:

2.1.1. what personal information KDC processes,
2.1.2. why it collects this information and what it is used for,
2.1.3. how it stores that information and for how long; and
2.1.4. how you can contact KDC to ask them about your personal information.

2.2. You can find this document on KDC’s website located at https://knowndesign.co/ or you can request a copy of it from the Information Officer, using the details below.

3. THE PURPOSE OF THE ACT

3.1. The purpose of the Act is to ensure the protection of personal information which is processed by public and private institutions. It does this by:

3.1.1. introducing certain minimum requirements when it comes to the processing of personal information,
3.1.2. allowing for the creation of a regulator to enforce the various provisions of the Act;
3.1.3. allowing for codes of conduct to be issued that apply to all private and public bodies that process personal information;
3.1.4. protecting your rights as a data subject when it comes to receiving unsolicited electronic communications and where decisions relating to your personal information are made by an automated system; and
3.1.5. to regulate when and how your personal information may be sent outside the borders of South Africa.

4. SOME IMPORTANT DEFINITIONS

4.1. In order to make sense of your rights in terms of this document, it is important that certain definitions contained in section 1 of the Act are explained:

4.1.1. Data subject: This is the person to whom the personal information relates.
4.1.2. Personal Information: This is extensively defined as follows:

4.1.2.1. Information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth;
4.1.2.2. Information relating to your education or to your medical, financial, criminal or employment history;
4.1.2.3. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other assignment particular to you;
4.1.2.4. your biometric information;
4.1.2.5. your personal opinions, views or preferences of the person;
4.1.2.6. correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
4.1.2.7. the views or opinions of another individual about you; and
4.1.2.8. your name if it appears with other personal information relating to you or if the disclosure of your name itself would reveal information about you.

4.1.3. and divided into two categories of “personal information” which may generally be processed, as long as the minimum requirements of the Act are met, and “special personal information” which may not generally be processed unless specific exceptions apply as defined in the Act.

4.1.4. Processing: this includes any of the following actions in relation to personal information:

4.1.4.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
4.1.4.2. dissemination by means of transmission, distribution or making available in any other form; or
4.1.4.3. merging, linking, as well as restriction, degradation, erasure or destruction of information

4.1.5. Record: this refers to personal information in the possession or under the control of a responsible party (regardless of who created it or when it was created) which is in any of the following forms:

4.1.5.1. writing on any material;
4.1.5.2. information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
4.1.5.3. label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
4.1.5.4. book, map, plan, graph or drawing;
4.1.5.5. photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;

4.1.6. Responsible party: means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information. In this case, KDC is the Responsible Party.

4.1.7. Operator: this is a person who processes personal information on behalf of a Responsible Party in terms of a contract or mandate.

4.1.8. Filing system: any structured set of personal information, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria.

5. CONTACT DETAILS OF INFORMATION OFFICER

5.1. Attention: Roger-Michael Raad

5.2. Postal Address: 101 West Side Studios
139 Buitengracht Street
Cape Town
8001
South Africa

5.3. Physical address: 101 West Side Studio
139 Buitengracht Street
Cape Town
8001
South Africa

5.4. Telephone: +27 21 462 7748

5.5. E-mail: hello@knowndesign.co

6. WHAT KIND OF PERSONAL INFORMATION IS HELD BY KDC?

6.1. PERSONAL INFORMATION BELONGING TO KDC’S CLIENTS WHO USE KDC’S SERVICES:

6.1.1. Personal information belonging to juristic persons:

6.1.1.1. bank account details;
6.1.1.2. company or close corporation registration number, business logo, business e-mail addresses, the physical and postal address, telephone number and location information, VAT number.

6.1.2. Personal information belonging to natural persons

6.1.2.1. Where clients are natural persons:

6.1.2.1.1. bank account details;
6.1.2.1.2. identity number, full name, business logo, e-mail addresses, the physical and postal address, telephone number and location information, VAT number.

6.1.2.2. Information belonging to natural persons who are representatives of juristic persons

6.1.2.2.1. South African identity number, full name, business e-mail address, place of employment, address of employer and personal and business telephone numbers

6.2. PERSONAL INFORMATION BELONGING TO EMPLOYEES OF KDC

6.2.1. information relating to the name race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical and/or mental health, well-being, disability, religion, belief, language and birth of employees;
6.2.2. information relating to the education, the medical, financial, criminal or employment history of employees;
6.2.3. South African identity number, personal e-mail address, physical address, personal telephone numbers, location information and online identifiers of employees;
6.2.4. private and confidential correspondence with employees; and
6.2.5. records of a personal information stored by employees in KDC’s physical or electronic filing system(s).

6.3. PERSONAL INFORMATION BELONGING TO THIRD PARTY SERVICE PROVIDERS OF KDC

6.3.1. bank account details;
6.3.2. company or close corporation registration number, South African identity number, business logo, business e-mail addresses, the physical and postal address, telephone number and location information, VAT numbers.

7. WHY IS THE PERSONAL INFORMATION ABOVE COLLECTED BY KDC AND WHAT IS IT USED FOR?

7.1. PERSONAL INFORMATION BELONGING TO CLIENTS OF KDC

7.1.1. KDC requires the information collected from its clients that are both natural and juristic persons to provide them with digital design and marketing services. KDC processes the information necessary to provide these services. KDC may make this information available to operators to ensure that the services are provided to the very best of KDC’s abilities and to the highest standards. All operators have signed documentation confirming that personal information received from KDC is to be used solely to the purpose for which it is given to them. Such operators are prohibited from further processing the personal information given to them and have confirmed that they have systems in place that make sure that they are compliant with the requirements of the Act.

7.1.2. THE PERSONAL INFORMATION SOUGHT BY KDC IS MANDATORY IN NATURE. SHOULD CLIENTS NOT PROVIDE THE PERSONAL INFORMATION SOUGHT, KDC WILL NOT BE ABLE TO PROVIDE ITS SERVICES.

7.2. PERSONAL INFORMATION BELONGING TO EMPLOYEES OF KDC

7.2.1. KDC is committed to good governance and compliance. No personal information in respect of any employees will be used for any other reason besides what it is provided for. Any staff database kept by KDC will be for the purpose of managing the employment relationship between KDC and its employees only. No personal information pertaining to any employee will be provided to any third person unless in accordance with the Act, any relevant Labour Law legislation or with the express consent of the employee.

7.3. PERSONAL INFORMATION BELONGING TO THIRD PARTY SERVICE PROVIDERS OF KDC

7.3.1. KDC requires the information collected from third party service providers that are both natural and juristic persons in order to do business with them. KDC takes its compliance obligations very seriously and requires the information processed in order to conclude agreements regarding the relationship between KDC and its service providers, many of whom may be operators as defined in the Act.
7.3.2. KDC processes the information necessary in order to provide these services and to conclude these agreements. KDC may make this information available to other operators to ensure that the services are provided to the very best of KDC’s abilities and to the highest standards for its clients. All operators and third-party service providers have signed documentation confirming that personal information received from KDC and its operators is to be used solely to the purpose for which it is given to them. Such operators and third parties are prohibited from further processing the personal information given to them and have confirmed that they have systems in place that make sure that they are compliant with the requirements of the Act.

7.3.3. THE PERSONAL INFORMATION SOUGHT BY KDC IS MANDATORY IN NATURE. SHOULD THIRD PARTIES AND OPERATORS NOT PROVIDE THE PERSONAL INFORMATION SOUGHT, KDC WILL NOT BE ABLE TO CONCLUDE AGREEMENTS WITH THEM AND THEREFORE NOT DO BUSINESS WITH THEM.

7.4. WHERE IS THE PERSONAL INFORMATION COLLECTED BY KDC STORED AND WHAT SECURITY MEASURES ARE IN PLACE?

7.4.1. Personal information is stored both electronically and in hard copy in KDC’s filing system(s).
7.4.2. Electronic information is encrypted and stored on a cloud based system. Personal information is not saved on any internal or external hard drives, smartphones, or laptops.
7.4.3. KDC has a physical security policy as well as a policy pertaining to the use of electronic data by employees which policies are internal and kept by the Information Officer. These policies are not available to the public save where KDC is forced to make same available in terms of law so as to protect the information held by KDC.

7.5. WHEN WILL KDC MAKE PERSONAL INFORMATION AVAILABLE TO THIRD PARTIES (OTHER THAN OPERATORS)

7.5.1.1. It is compelled to comply with legal and regulatory requirements or when it is otherwise allowed by law;
7.5.1.2. It is in the public interest;
7.5.1.3. KDC needs to do so to protect their rights.

7.5.2. KDC endeavours to take all reasonable steps to keep secure any information which they hold about an individual, and to keep this information accurate and up to date. If at any time, an individual discovers that information gathered about them is incorrect, they may contact KDC to have the information corrected. Where information has been disclosed to employees of KDC, KDC has agreements in place to ensure that compliance with confidentiality and privacy conditions.

7.5.3. KDC recognises the importance of protecting the privacy of information collected about individuals, in particular, information that can identify an individual (“personal information”).

8. TRANSBORDER INFORMATION FLOWS

8.1. KDC will not transmit personal information internationally, unless consent has been obtained, or it is necessary to perform our contractual obligations, and it benefits our clients or third party service providers. If personal information is transmitted internationally, we ensure that it is subject to data protection laws that are substantially similar to POPIA (e.g. European Union GDPR and other country specific information privacy protection laws).

9. FOR HOW LONG IS PERSONAL INFORMATION KEPT BY KDC?

9.1. COMPANIES ACT NO. 71 OF 2008, as amended:

The Companies Act as amended requires records must be kept “in written form, or other form or manner that allows that information to be converted into written form within a reasonable time.” Such as the following for an indefinite period:

9.1.1. Notice of Incorporation (Registration certificate);
9.1.2. Certificate of change of name (if any);
9.1.3. Memorandum of Incorporation and alterations or amendments;
9.1.4. Rules;
9.1.5. Register of company secretary and auditors;
9.1.6. Regulated companies (companies to which chapter 5, part B, C and Takeover Regulations apply) register of disclosures of person who holds beneficial interest equal to or in excess of 5% of the securities of that class issued;
9.1.7. Security register and uncertificated securities register.

The following records for 7 years:

9.1.8. Notice and minutes of all shareholders meeting including Resolutions adopted and documents made available to holders of securities;
9.1.9. Copies of reports presented at the annual general meeting of the company;
9.1.10. Copies of annual financial statements;
9.1.11. Copies of accounting records;
9.1.12. Record of directors and past directors, after the director has retired from the company;
9.1.13. Written communication to holders of securities;
9.1.14. Minutes and resolutions of directors’ meetings, audit committee and directors’ committees.

9.2. CONSUMER PROTECTION ACT NO. 68 OF 2008, as amended:

The Consumer Protection Act seeks to protect the interests of Consumers and as such requires KDC as a service provider to retain and maintain the following records of consumers for a period of 3 years:

9.2.1. Full names, physical address, postal address and contact details;
9.2.2. ID number and registration number;
9.2.3. Contact details of public officer in case of a juristic person;
9.2.4. Service rendered;
9.2.5. Intermediary fee;
9.2.6. Cost to be recovered from the consumer;
9.2.7. Frequency of accounting to the consumer;
9.2.8. Amounts, sums, values, charges, fees, remuneration specified in monetary terms;
9.2.9. Disclosure in writing of a conflict of interest by the intermediary in relevance to goods or service to be provided;
9.2.10. Record of advice furnished to the consumer reflecting the basis on which the advice was given;
9.2.11. Written instruction sent by the intermediary to the consumer;
9.2.12. Conducting a promotional competition refer to Section 36(11) (b) and Regulation 11 of Promotional Competitions;
9.2.13. Documents in respect of Section 45 and Regulation 31 for Auctions.

9.3. COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT NO. 130 OF 1993:

Section 81(1) and (2) of the Compensation for Occupational Injuries and Diseases Act requires a retention period of 4 years for the documents mentioned below:

9.3.1. Register, record or reproduction of the earnings, time worked, payment for piece work and overtime and other prescribed particulars of all the employees.
9.3.2. Section 20(2) documents with a required retention period of 3 years:
9.3.3. Health and safety committee recommendations made to an employer in terms of issues affecting the health of employees and of any report made to an inspector in terms of the recommendation;
9.3.4. Records of incidents reported at work.

9.4. BASIC CONDITIONS OF EMPLOYMENT ACT NO. 75 OF 1997:

The Basic Conditions of Employment Act requires a retention period of 3 years for the documents mentioned below:

9.4.1. Written particulars of an employee after termination of employment;
9.4.2. Employee’s name and occupation;
9.4.3. Time worked by each employee;
9.4.4. Remuneration paid to each employee;
9.4.5. Date of birth of any employee under the age of 18 years.

9.5. EMPLOYMENT EQUITY ACT NO. 55 OF 1998:

9.5.1. Section 26 and the General Administrative Regulations, 2014, requires a retention period of 3 years for the documents mentioned below:
9.5.2. Records in respect of the company’s workforce, employment equity plan and other records relevant to compliance with the Act;

9.6. UNEMPLOYMENT INSURANCE ACT NO. 63 OF 2002:

Section 56(2)(c) requires a retention period of 5 years, from the date of submission, for the documents mentioned below:

9.6.1. personal records of each of their current employees in terms of their names, identification number, monthly remuneration and address where the employee is employed.

9.7. SOUTH AFRICAN REVENUE SERIVICE (“SARS”):

KDC complies with its tax obligations in respect of SARS and retains/maintains records, which may contain personal information, in accordance with the relevant South African tax laws.

10. ACCESS TO AND CORRECTION OF INFORMATION

10.1. Clients, employees and third parties have the right to access the personal information KDC holds about them. Clients and other people whose data KDC holds also have the right to ask KDC to update, correct or delete their personal information on reasonable grounds. Once a client or such other person objects to the processing of their personal information, KDC may no longer process said personal information unless KDC is obliged to in terms of its contractual obligations. KDC will take all reasonable steps to confirm its clients’ identity before providing details of their personal information or making changes to their personal information;
10.2. All employees have a duty of confidentiality in relation to the Company and clients. Information on clients: Our clients’ right to confidentiality is protected in the Constitution and in terms of ECTA. Information may be given to a 3rd party if the client has consented in writing to that person receiving the information or if it is required by law.
10.3. If KDC duly and diligently searches for a record and it is believed that the record either does not exist or cannot be found, the client or requester will be notified accordingly. This notification will include the steps that were taken the attempt to locate the record.

11. DELETION AND DESTRUCTION OF INFORMATION

11.1. Clients, employees and third parties have the right to access the personal information KDC holds about them. Clients and other people whose data KDC holds also have the right to ask KDC to update, correct or delete their personal information on reasonable grounds. Once a client or such other person objects to the processing of their personal information, KDC may no longer process said personal information unless KDC is obliged to in terms of its contractual obligations. KDC will take all reasonable steps to confirm its clients’ identity before providing details of their personal information or making changes to their personal information.

12. FORM OF REQUEST

12.1. The requester must use the prescribed form to make the request for access to a record. This must be made to the information officer. This request must be made to the address, or electronic mail address of the information officer.
12.2. The requester must provide sufficient detail on the request form to enable the information officer to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
12.3. The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
12.4. If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer.
12.5. The form in which a request to access personal information is made can be found in Annexure A at the end of this policy document.
12.6. The form in which a request to object, correct, delete/destroy personal information is made can be found in Annexure B at the end of this policy document.

13. FEES

13.1. The information officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the relevant fee before further processing the request. A personal requester does not pay such fee.
13.2. he requester may lodge an application to the court against the tender or payment of the request fee.
13.3. The information officer will then decide on the request and notify the requester in the required form.
13.4. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.

14. AVAILABILITY OF THE MANUAL

14.1. The manual is available for inspection at the offices of KDC free of charge, a copy is made available on KDC’s website, alternatively a copy may be requested from KDC’s information officer.

15. AMENDMENTS TO THIS POLICY

15.1. Amendments to, or a review of this Policy, will take place on an ad hoc basis. Clients are advised to access KDC’s website periodically to keep abreast of any changes. Where material changes take place, these will be posted on our website. Unless otherwise stated, the current version of this Policy posted on our website shall supersede and replace all previous versions of this Policy.

Signed at: 10 August 2021 at 12:36

By: Roger-Michael Raad

TO VIEW OR DOWNLOAD ANNEXURE A AND ANNEXURE B, PLEASE CLICK HERE.

Terms And Conditions

The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Known Design Co (Pty) Ltd t/a Known Design, for and on behalf of any Client(s) who have duly accepted Known Design quotation(s) for any such products and/or services, and therefore authorised Known Design to render the aforementioned products and deliver said services.

Project Specifications

  • The Client must supply the Project Specifications to Known Design in order for Known Design to issue an accurate and binding quotation.
  • If the Client requires further assistance with the creation of a Project Specifications, Known Design can assist the Client. This time may be billed to the Client at the discretion of Known Design.

Quotation

  • Quotations are valid for One Month from the documented date on the Quotation.
  • Quotations do not include domain name registration or website hosting fees unless otherwise specified.

Acknowledgement

  • Upon a Client accepting the Known Design Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.

Agreement

  • The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Known Design’s stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
  • Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Known Design.
  • Known Design commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
  • Known Design can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and interrupted internet connections.
  • Known Design endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).

Deposit

  • Deposit(s) are non-refundable unless Known Design, at their sole discretion decide otherwise. The decision by Known Design is based on the factors surrounding the project in question and is non-negotiable.

Required Documentation

  • Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
  • The Client is to provide all Required Documentation electronically to Known Design, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
  • The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions above unless agreed otherwise in writing.
  • If the Client does not supply Known Design with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Known Design.
  • If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.

Copyrights

  • The Client has to ensure they have the Copyright for all material supplied.
  • Known Design, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
  • If and when Known Design are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
  • Known Design does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.

Graphic Images

  • Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
  • Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Known Design team as required.

Photographs

  • Photographs supplied by the Client must be of high digital quality and applicable format.

Printing

  • Known Design does not offer any printing products and/or services, therefore Known Design take no responsibility for print or Printing errors.
  • Completed graphic design, logo, or any artwork by Known Design will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
  • To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.

Website Hosting

  • Hosting via Known Design
  • Hosting via Known Design allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
  • Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
  • Hosting fees are payable from date of domain registration, transfer to Known Design hosting and if applicable, from start of website development by Known Design.
  • Payments not received by the 1st of each month automatically suspends the Client’s Hosting service, thus risk deactivating the Client’s website. This is can be waved at the sole discretion of Known Design, without giving up any rights as per the terms and conditions.
  • A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
  • Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
  • Known Design reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
  • Hosting cancellations are only accepted in writing or e-mailed to roger-michael@knowndesign.co, on or before the 1st of the new month as it carries a calendar month notice period.
  • All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Known Design, thus enabling release to transfer to a Third Party Hosting Service Provider.
  • Known Design uses Xneelo for hosting. Known Design cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
  • Should there be any website downtime, due to reasons outlined above, Known Design will do everything they can to resolve the situation. If there are credits passed on from Xneelo, this will be shared with the clients.
  • Should the hosting be cancelled as outlined above, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Known Design, this can be arranged. Time spent by Known Design will be billed to the client.
  • Hosting via a Third Party Service Provider:
  • If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
  • Known Design will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Known Design.
  • All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
  • Known Design will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Known Design.

Search Engine Optimization (SEO)

  • Known Design can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Known Design can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.

E-Commerce

  • Known Design will load up to 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
  • Should the Client require Known Design to load more than the aforementioned 10 loaded products, Known Design will issue the Client a Quotation accordingly.

Balance of Payment

  • The Client is required to e-mail the Proof of Payment to Known Design.
  • All work remains the property of Known Design until the full and final payment is received.

Completion Date

  • Activation of the Client’s website is conditional to the Terms & Conditions 14 above.
  • The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.

Additional Work

  • Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
  • All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
  • Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Known Design remain the responsibility of the Client.
  • Known Design may suggest Additional Work for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Known Design will issue the Client a Quotation accordingly.

Service Agreement

  • The Client may request that Known Design access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Known Design from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
  • Known Design commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, as soon as Known Design is able.

Invoices and Statements

  • Known Design is not a credit service provider and does not grant any credit facilities whatsoever.
  • Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Known Design being a month-to-month service provider.
  • All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Known Design having confirmed receipt of said funds.
  • Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
  • Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.

Consultations

  • Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
  • Meetings and consultations will be charged at the discretion of Known Design, in accordance to these Terms and Conditions, quoted and agreed to.

Legal Costs

  • Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Known Design’ legal representative(s), and the full outstanding balance becomes payable.
  • All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.

Cancellations

  • Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of Invoice date.
  • Known Design will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
  • Hosting and Domain Fees are non-refundable, as these are paid in advance.
  • Known Design reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.

Security

  • Known Design will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
  • Known Design’ Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.

General

  • Known Design reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.

These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Known Design’s own website.

Cookie Policy

In order to analyse data about web page traffic and improve our website, we may place small text files called ‘cookies’ on your device when visiting our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Most web browsers accept cookies automatically, however you are able to modify your browser settings to decline cookies if you prefer. Many websites use cookies and you can find more about them at www.allaboutcookies.org.

To download a copy of the Company’s data protection policy in PDF format, including the ‘Request For Access To Record Of Private Body’ form and the ‘Request For Action In Respect Of Personal Information’ form, please click here.