Terms & Conditions
Terms and Conditions of Creative Soul Sustainable Growth (NPC) hereinafter referred to as ‘CS‘
1. Site Clearance:
1.1. Before the agreed starting date of the project, the client shall ensure that all areas and spaces to be renovated or constructed are cleared of personal belongings and other personal effects.
1.2. CS will not be held responsible for any damages or losses to personal items left on the site during the construction process.
2. Power and Water Connections, Loadshedding, Delays:
2.1. It is the client’s responsibility to ensure an active power and water connection is available on the project site before the commencement of any work.
2.2. CS will make every reasonable effort to adhere to the agreed-upon project schedule; however, the company will not be held responsible for delays caused by external factors beyond its control, such as load shedding, adverse weather conditions, or other unavoidable circumstances.
3. Renovations, Alterations, and Matching to Existing Finishes:
3.1. CS will make every effort to match new finishes to existing ones, including but not limited to colour, tile patterns, cornice, or skirting mould/shape, etc.
3.2. However, due to potential supplier or manufacturer changes, a perfect match cannot be guaranteed.
3.3. The client agrees to accept reasonable variations in finishes and materials.
4. Guarantees and Warranties:
4.1. Any guarantees and warranties offered by CS shall be provided in accordance with the terms and conditions of the respective suppliers or manufacturers of the materials and equipment used in the project.
4.2. The client agrees to abide by the terms of these guarantees and warranties as provided by the suppliers or manufacturers.
5. Change Requests, Additional Orders:
5.1. Any changes or modifications to the original project scope must be documented in writing and signed by both parties.
5.2. The cost of changes must be settled in full before implementation on the project site.
5.3. Failure to pay for changes by the stipulated due date renders the changes null and void, and the project reverts to the original requirements.
6. Termination of Services:
6.1. Either party may terminate the project services by providing written notice to the other party.
6.2. In case of termination by the client, CS shall be entitled to payment for all services, materials, and third-party goods/services on-site up to the termination date, including a cancellation fee.
6.3. The cancellation fee will be no less than 15% of the project value.
7. Payment Terms:
7.1. Default payment terms are as follows: 30% scheduling deposit, 30% on commencement of the project, 30% on achieving 50% project completion, and 10% upon final handover.
7.2. Clients are required to promptly make payments for all project services rendered by CS within the agreed-upon timeframe stated in the invoice.
7.3. Late payments may be subject to interest charges at a rate of 10% per month on the outstanding balance from the due date until the payment is received in full.
8. Ownership of Goods:
8.1. All materials, equipment, and goods supplied by CS shall remain the property of the company until full payment for all outstanding amounts is received.
8.2. The client agrees not to sell, transfer, or dispose of any materials, equipment, or goods supplied by CS until full payment is made.
8.3. If the client fails to settle the account in full within 3 months from project completion, CS may remove any items, products, or materials from the project site to recover incurred costs.
8.4. The client shall not hold CS responsible for any repairs or damages caused to property during the removal of items, products, or materials.
9. Dispute Resolution:
9.1. In the event of disputes arising between CS and the client, both parties agree to engage in good faith negotiations to amicably resolve the matter.
9.2. Any outstanding amounts may not be withheld during a dispute; all outstanding amounts are still payable and due.
9.3. If a resolution cannot be reached through negotiations, both parties may seek mediation or arbitration before pursuing legal action.
10. Jurisdiction:
10.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa.
10.2. Any legal actions or proceedings related to these terms and conditions shall be brought before the appropriate courts of South Africa.
11. Agreement to Terms:
By engaging the services of CS, the client agrees to be bound by these terms and conditions. Deviations or modifications to these terms and conditions shall only be effective if agreed upon in writing by both parties.