Terms of Service.
Effective Date: 2026-04-18
Please kindly read through our terms of service. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to work with Prolific Brands. 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 in full. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Your continued use of this website constitutes ongoing acceptance of any updates or modifications to these terms. It is your responsibility to regularly review this document to ensure awareness of any changes. Failure to adhere to these terms may result in suspension or termination of access to our website or services without prior notice.
For questions or clarifications regarding these Terms of Service, please contact us at official@prolificbrands.co.za.
1. Estimates
- Prolific Brands will provide Clients with initial estimates for projects on request. The final project sum may vary from the initial estimate. An estimate as opposed to fixed price quotation is useful when the actual project sum cannot be reasonably or accurately ascertained at the outset.
- Estimates and quotations sent out by Prolific Brands have been prepared according to the requirements requested by the Client. Should any changes to the brief be required, the quotation may need to be amended accordingly.
- Prolific Brands will provide estimates in writing by email to Clients. Acceptance by a Client of Prolific Brands estimate is subject to acceptance of Prolific Brands terms and conditions, unless specifically agreed in writing between the Client and Prolific Brands to the contrary.
2. Quotations
- Whenever possible, Prolific Brands will provide Clients with a detailed price quotation and detailed specification for a project.
- Items omitted or added to the specification that accompanies a quotation will be treated as variations.
- All items quoted are inclusive of amendments up to Draft 3 (i.e. three sets of changes) that will be made in line with the requirements of the signed off quotation. Any major deviation from the specification will be charged at an hourly rate.
- Prolific Brands will provide quotations in writing by email to Clients. Acceptance by a Client of Prolific Brands quotation is subject to acceptance of the terms and conditions. Unless specifically agreed in writing between the Client and Prolific Brands to the contrary.
3. Variations
- The value of work included in a quotation, that is not undertaken due to subsequent agreement with the client, will be valued and deducted from the final project sum.
- When additional changes or amendments are required by the Client over and above the inclusive sets of changes, Prolific Brands will advise the Client of any additional charges which will be quoted on at an hourly rate and above this quotation.
- Prolific Brands does not accept liability where delays in reaching a deadline are caused by the Client. For example; in the supplying of essential content and/or sign off for work to continue.
- The Client is obligated to supply all materials and information required to complete the work. If a Client fails to supply materials, and that prevents the progress of the work, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
- Clients agree to reimburse Prolific Brands for any requested and agreed upon expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs and fonts.
4. Copyright
- All Client logo images, images unique to the Client, i.e. of their premises, work force and their business, plus all written copy, belong to the Client and are covered under their copyright. Prolific Brands will not reuse Client written content or images without the express permission of the Client.
- Prolific Brands do not take responsibility for any copyright infringements caused by materials submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
5. Hourly Rate Charges
- Prolific Brands will charge for services provided that are not included in any quotation on an hourly basis or based on agreement with the Client.
- Prolific Brands will review and may increase their standard hourly rate on an annual basis.
- There will be a minimum charge of 0.5 hours.
6. Website Services
- Prolific Brands will offer to Clients third party services such as those offered by Google to enhance the performance of their websites. Prolific Brands may include in quotations the setup and maintenance fees of such third-party services. Prolific Brands will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
- If Prolific Brands is working on a website, and the website work has been completed, we will provide the Client with an opportunity to view the website before it goes live. The Client will have no more than 10 working days to assess the site and request changes (unless otherwise agreed upon via email). If a Client requires any amendments that are within the original scope, we will make the changes. However, if there are changes that are outside of the scope of the original brief, extra hours will need to be accounted and charged for.
- Once a website has been designed and completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the Client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
7. Search Engines
- Prolific Brands will design websites to perform well with search engines and will recommend additional optimisation techniques to the Client should they wish to achieve high rankings.
- Prolific Brands accepts no responsibility or liability to the Client for the rankings achieved or how such rankings may vary over time if the Client chooses not to request or undertake additional optimisation work.
8. invoicing & payment
- Prolific Brands standard payment terms are 14 days from the date of invoice unless otherwise agreed upon by both parties.
- Prolific Brands will specify within estimates or quotes how a project will be invoiced. Large projects may be split in to a number of monthly interim invoices plus a final invoice on completion.
- Once a quotation has been accepted by the Client, Prolific Brands will generate an invoice for a deposit of 50% of the total quoted amount for items chosen for which payment is required before commencement of any work. The remaining 50% of the total quoted amount for items chosen will be required upon completion of work to the Client’s reasonable satisfaction. Prolific Brands may withhold artwork or final deliverables until the remaining 50% is paid in full and Prolific Brands has received a proof of payment.
- Should work in progress be suspended by the Client for two months or longer or cancelled due to reasons not applicable to Prolific Brands, the final invoice fee must be settled in full.
- All deposits are non-refundable after 30 days of receipt. A deposit is only refundable if Prolific Brands has not fulfilled their obligations to deliver the work required.
- If a Client has not been in communication with Prolific Brands for longer than 3 months, the deposit is non-refundable.
- If a Client hasn’t supplied all materials and information required to complete the work, the deposit is non-refundable.
- If a Client doesn’t provide necessary feedback so that Prolific Brands can complete the work, the deposit is non-refundable.
- Method of payment accepted: Electronic transfer or Paypal. If paying by electronic transfer, a proof of payment will be required. If payment is via Paypal, Prolific Brands will add an extra 5% to the amount to account for banking fees.
All quotations are valid for 30 days.
9. Performance
Time-frames for a project will be discussed with the Client before the project commences. Prolific Brands will do their best to complete the project as soon as reasonably possible. For a high standard of quality to be produced, please allow sufficient time for a project to be completed.
10. Damages
Prolific Brands do not have any liability to the Client for the performance of a website, database or any other entity/service developed/setup for the client by anyone other than Prolific Brands.
11. Termination
- In the event that the Client does not pay an invoice within 30 days of the due date, Prolific Brands have the right to suspend all further works for that Client until such time as payment is made in full. On late payments, interest will be accrued at 4% per day.
- In the event that the Client becomes insolvent or goes in to liquidation Prolific Brands have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any hosting services.
- In the event that a Client “frustrates” the progress of a project contract with Prolific Brands then Prolific Brands will be entitled to give 14 days’ written notice to the Client of the contract being terminated. If the Client does not satisfactorily remedy the cause(s) of the frustration, within the 14 day notice period, then Prolific Brands will have the right to terminate the contract. Prolific Brands will invoice the Client for the full value of works carried out to-date.
