ATKASA – Digital Agency Pty Ltd
Terms and Conditions

Last Updated: 13 April 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the services provided by ATKASA – Digital Agency Pty Ltd (“ATKASA”, “us”, “we”, or “our”).

 

  • Acceptance of Terms

By engaging with ATKASA for any digital services, you (“Client”, “you”, “your”) agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms, you may not use our services.

 

  • Scope of Services

ATKASA provides a variety of digital services, including but not limited to web design and development, mobile app development, search engine optimization (SEO), social media marketing, content creation, and graphic design. The specific services provided to the Client will be detailed in a separate Service Level Agreement or Statement of Work/ Cost Estimate (SOW/CE).

 

  • Service Level Agreement

Before the commencement of any work, a Service Level Agreement or SOW/CE will be provided to the Client outlining the specific services to be performed, timelines, and fees associated with the project. The Client must sign and return the Service Level Agreement or SOW(CE) to ATKASA, indicating their acceptance of the terms and conditions outlined within.

 

  • Payment Terms

Payment terms, including fees, invoicing, and due dates, will be detailed in the Service Level Agreement or on the SOW/CE. Late payments may result in a suspension of services and/or the accrual of late fees. The Client is responsible for any taxes or fees associated with the services provided by ATKASA.
Intellectual Property Rights
ATKASA retains all intellectual property rights for any designs, content, or materials created by ATKASA during the provision of services, until full payment has been received. Upon receipt of full payment, ATKASA will transfer all intellectual property rights to the Client, excluding any pre-existing materials or third-party assets used in the project.

 

  • Confidentiality

Both parties agree to treat any information exchanged during the provision of services as confidential. This includes, but is not limited to, business strategies, client information, and proprietary technology. Confidential information may only be disclosed with the express written consent of the disclosing party.

 

  • Warranties and Liabilities

ATKASA warrants that its services will be provided in a professional manner, consistent with industry standards. However, ATKASA does not guarantee any specific results or outcomes from the services provided. ATKASA will not be liable for any indirect, incidental, or consequential damages arising from the use of its services.

 

  • Termination

Either party may terminate the Service Level Agreement or Project upon providing written notice to the other party and providing the required notice period as per the Service Level Agreement. In the event of termination, the Client will be responsible for any outstanding fees or charges incurred up to the date of termination. ATKASA reserves the right to withhold and/or suspend all work and services until all terms have been met. If ATKASA is required to refer the matter to it’s legal team all such legal costs will be for the account of the client.

 

  • Indemnification

The Client agrees to indemnify and hold harmless ATKASA, its employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of the Client’s breach of these Terms and Conditions or the Service Agreement.

 

  • Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which ATKASA is registered. The parties submit to the exclusive jurisdiction of the courts of that country for the resolution of any disputes arising under these Terms and Conditions.

 

  • Changes to Terms and Conditions

ATKASA reserves the right to modify or replace these Terms and Conditions at any time. We will provide reasonable notice of any significant changes, and your continued use of our services after the notice period will be considered acceptance of the updated Terms and Conditions.

 

  • Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@atkasa.com or +27 011 024 3847.