LEGAL
Terms of Service
The terms and conditions governing the use of our website and engagement of our services.
1. Agreement to Terms
By accessing or using the Elevate Creative Agency website ("the Site") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please do not use our Site or services.
These Terms apply to all visitors, users, and clients of Elevate Creative Agency, registered under number 2026/443415/07 in South Africa.
2. Our Services
Elevate Creative Agency provides creative marketing and brand management services, including but not limited to:
- Brand strategy and identity development
- Digital marketing and campaign management
- Social media management
- Content creation
- Web design
- Event coordination
- Executive assistant and business operations support
Specific deliverables, timelines, and scope are agreed in writing on a per-project basis through a signed proposal or service agreement.
3. Engagement Process
Our standard engagement process involves:
- Initial discovery consultation
- Tailored proposal outlining scope, timeline, and investment
- Signed service agreement and deposit payment (where applicable)
- Project execution
- Delivery, review, and refinement
All engagements are governed by the specific service agreement signed for each project, which takes precedence over these general Terms where inconsistencies arise.
4. Payment Terms
Unless otherwise agreed in writing:
- A deposit of 50% is required before project commencement
- The balance is due upon project completion, before final delivery
- Retainer engagements are billed monthly in advance
- All prices are quoted in South African Rand (ZAR) and exclude VAT unless otherwise stated
- Late payment may result in project pause and interest charges as permitted by South African law
5. Intellectual Property
Upon full payment for a project:
- All final deliverables become the property of the client
- The client is granted full usage rights for the intended commercial purpose
- Elevate retains the right to display completed work in our portfolio and marketing materials, unless a confidentiality agreement states otherwise
Prior to full payment, all work remains the property of Elevate Creative Agency. Concepts, drafts, and unused designs remain our intellectual property and may be repurposed for other clients.
6. Client Responsibilities
To ensure successful project delivery, clients agree to:
- Provide accurate and complete information required for the work
- Respond to feedback and approval requests within agreed timeframes
- Provide brand assets, content, or access to accounts where necessary
- Make payments in accordance with agreed terms
- Communicate any concerns or change requests promptly
Delays caused by the client (missed approvals, late feedback, incomplete assets) may result in extended timelines and are not the responsibility of Elevate.
7. Confidentiality
We treat all client information as confidential. We will not share, disclose, or use your business information for any purpose other than the delivery of agreed services, except:
- With your explicit written consent
- Where required by South African law
- To trusted service providers bound by equivalent confidentiality obligations
Mutual Non-Disclosure Agreements (NDAs) are available on request for sensitive engagements.
8. Revisions and Scope Changes
Each project includes a defined number of revision rounds as specified in the service agreement. Additional revisions beyond the agreed scope, or changes that expand the original brief, will be quoted separately and billed at our standard hourly rate.
9. Cancellation and Refunds
Should either party need to terminate a project:
- Deposits are non-refundable once work has commenced
- The client is liable for payment for all work completed up to the cancellation date
- All completed deliverables will be provided upon settlement of outstanding fees
10. Limitation of Liability
To the fullest extent permitted by South African law:
- Our liability for any claim is limited to the total fees paid by the client for the specific project in question
- We are not liable for indirect, consequential, or special damages, including loss of profits or business opportunity
- We do not warrant that our services will produce specific commercial results
11. Third-Party Services
Where our services involve third-party platforms (social media platforms, advertising networks, hosting providers, etc.), the client is bound by the terms and conditions of those third parties. We are not liable for the policies, actions, or outages of third-party services.
12. Use of Our Website
When using our website, you agree not to:
- Use the Site for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Site or its systems
- Interfere with the Site's operation or security
- Copy, reproduce, or redistribute Site content without permission
All Site content — including copy, imagery, design, and code — is the intellectual property of Elevate Creative Agency and protected by South African and international copyright law.
13. Testimonials and Portfolio
Client testimonials displayed on our Site are used with permission and represent the genuine opinions of the clients quoted. Portfolio items are displayed with the client's knowledge unless otherwise stated as confidential during the engagement.
14. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the South African courts.
15. Amendments
We reserve the right to amend these Terms at any time. Updated Terms will be posted on this page with the revised "Last updated" date. Continued use of our Site or services after changes constitutes acceptance of the new Terms.
16. Contact
For any questions about these Terms of Service, please contact us:
Elevate Creative Agency
Email: [email protected]
Phone: +27 82 626 6589
Registration: 2026/443415/07
South Africa