Thinkovate (Pty) Ltd Effective Date: June 2025 | Last Updated: June 2025 think-ovate.com
1. INTRODUCTION
These Terms and Conditions (“Terms”) govern the use of the Thinkovate website at think-ovate.com (“the Website”) and the provision of services by Thinkovate (Pty) Ltd (“Thinkovate”, “we”, “us”, or “our”) to clients (“you”, “the Client”).
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use the website or engage our services.
These Terms are governed by the laws of the Republic of South Africa.
2. SERVICES
Thinkovate provides graphic design, branding, website development, and related creative and marketing services. The specific scope of services for each project will be confirmed in writing via a proposal, quote, or project brief agreed upon by both parties (“the Scope of Work”).
Any services outside the agreed Scope of Work will constitute additional work and will be quoted and invoiced separately.
3. QUOTES AND PROPOSALS
3.1 All quotes and proposals provided by Thinkovate are valid for 14 (fourteen) calendar days from the date of issue, unless otherwise stated.
3.2 A quote does not constitute a binding agreement. A project commences only once the Client has accepted the quote in writing (including acceptance via email) and the required deposit has been received.
3.3 Thinkovate reserves the right to revise a quote if the project scope changes after acceptance.
4. PAYMENT TERMS
4.1 Unless otherwise agreed in writing, the following payment structure applies:
4.2 Invoices are payable within 7 (seven) calendar days of the invoice date via Electronic Funds Transfer (EFT) unless otherwise agreed.
4.3 Thinkovate reserves the right to pause or suspend work on any project where payment is overdue. Work will resume once outstanding amounts have been received.
4.4 Late payments may attract interest at a rate permitted under the National Credit Act or as otherwise agreed between the parties.
4.5 All prices quoted are in South African Rand (ZAR) and, unless explicitly stated otherwise, are exclusive of Value Added Tax (VAT) where applicable.
5. REVISIONS AND AMENDMENTS
5.1 The number of revisions included in a project will be specified in the agreed Scope of Work. Revisions beyond the included number will be charged at Thinkovate’s standard hourly or project rate.
5.2 A revision is defined as a reasonable amendment to work already produced. A revision does not include a change in direction, a redesign, or a significant change to the original brief.
5.3 Any changes to the project brief after work has commenced may affect the timeline and cost. Thinkovate will advise the Client of any impact before proceeding.
6. TIMELINES AND DELIVERY
6.1 Thinkovate will provide estimated timelines at the start of each project. These are provided in good faith and are dependent on the timely receipt of content, feedback, approvals, and payment from the Client.
6.2 Thinkovate will not be held liable for delays caused by the Client’s failure to provide required information, content, or approvals within a reasonable time.
6.3 Where a project is placed on hold at the Client’s request, or due to a lack of response from the Client for a period exceeding 30 (thirty) calendar days, Thinkovate reserves the right to archive the project. Reactivation may be subject to a reactivation fee and revised timeline.
7. CLIENT RESPONSIBILITIES
The Client agrees to:
Thinkovate accepts no liability for any loss, claim, or damage arising from the Client’s failure to fulfil these responsibilities.
8. INTELLECTUAL PROPERTY
8.1 All work created by Thinkovate, including designs, code, copy, and other creative outputs, remains the intellectual property of Thinkovate until full and final payment has been received.
8.2 Upon receipt of full payment, ownership of the final deliverables transfers to the Client, unless otherwise specified in the Scope of Work. The Client is then entitled to use the deliverables for their intended purpose.
8.3 Certain elements used in the production of work — including but not limited to licensed fonts, stock images, icons, templates, plugins, and software — may be subject to third-party licences. The Client is responsible for ensuring they hold the appropriate licences for continued use of such elements after delivery. Thinkovate will endeavour to advise the Client of any such licences where known.
8.4 Thinkovate retains the right to showcase completed work in its portfolio, on social media, and in marketing materials, unless the Client has made a specific written request for confidentiality prior to project commencement.
8.5 Thinkovate does not transfer any rights in its underlying tools, frameworks, methodologies, or pre-existing proprietary assets.
9. CONFIDENTIALITY
9.1 Thinkovate treats all client information, briefs, business data, and project materials as confidential and will not disclose this information to any third party except as required to deliver the services or as required by law.
9.2 The Client agrees to treat any information shared by Thinkovate — including pricing, processes, and internal documentation — as confidential and will not share it with third parties without prior written consent.
10. THIRD-PARTY TOOLS AND PLATFORMS
10.1 Thinkovate makes use of various third-party software platforms, tools, and services in the delivery of its work. These may include, but are not limited to:
10.2 The use of these platforms is subject to their respective terms of service and privacy policies. Thinkovate is not responsible for changes to the functionality, pricing, or availability of any third-party platform, nor for any data loss or security breach occurring within those platforms.
10.3 Where a website or digital product requires ongoing third-party subscriptions (such as premium plugins, hosting, or licences), the Client is responsible for maintaining those subscriptions after project handover unless a maintenance agreement is in place.
10.4 Thinkovate is not an authorised reseller or representative of any third-party platform unless explicitly stated, and cannot guarantee the continued availability or support of any third-party product.
11. WEBSITE DEVELOPMENT SPECIFIC TERMS
11.1 Thinkovate builds websites on platforms and using tools selected based on the project requirements and agreed with the Client. The Client will be informed of the platform, hosting environment, and any associated ongoing costs prior to project commencement.
11.2 Once a website is handed over to the Client, the Client assumes full responsibility for the website’s maintenance, security updates, plugin updates, content updates, and hosting renewals, unless a separate maintenance agreement has been entered into with Thinkovate.
11.3 Thinkovate does not guarantee specific search engine rankings as a result of any website build or SEO work. While we follow current best practices, search engine algorithms are beyond our control.
11.4 The Client is responsible for ensuring that all content published on their website complies with South African law, including but not limited to the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and POPIA.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by South African law, Thinkovate’s total liability to the Client for any claim arising from the provision of services shall not exceed the total fees paid by the Client for the specific project to which the claim relates.
12.2 Thinkovate shall not be liable for any indirect, consequential, incidental, or special loss or damage, including loss of profit, loss of business, or reputational harm, whether or not such loss was foreseeable.
12.3 Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded by law.
13. CANCELLATION
13.1 Either party may cancel a project by providing written notice to the other party.
13.2 If the Client cancels a project after work has commenced:
13.3 If Thinkovate is unable to complete a project due to circumstances within its control, the Client will be refunded a fair and proportionate amount for work not yet completed.
14. DISPUTE RESOLUTION
14.1 In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.
14.2 If the dispute cannot be resolved informally within 30 (thirty) days, either party may refer the matter to mediation before initiating formal legal proceedings.
14.3 These Terms are governed by the laws of the Republic of South Africa, and the parties consent to the jurisdiction of the South African courts.
15. USE OF THE WEBSITE
15.1 By accessing think-ovate.com, you agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others.
15.2 You may not reproduce, distribute, or republish any content from this website without prior written permission from Thinkovate.
15.3 Thinkovate makes no warranties regarding the accuracy, completeness, or availability of the content on the website. The website is provided on an “as is” basis.
15.4 Thinkovate reserves the right to modify or discontinue any part of the website at any time without notice.
15.5 Links to third-party websites are provided for convenience only. Thinkovate does not endorse and is not responsible for the content of any third-party website.
16. CHANGES TO THESE TERMS
Thinkovate reserves the right to update or amend these Terms at any time. The updated Terms will be published on this page with a revised effective date. Continued use of the website or our services after any such changes constitutes your acceptance of the revised Terms.
17. CONTACT US
If you have any questions about these Terms and Conditions, please contact us at:
Email: michelle@think-ovate.com Phone: +27 83 602 6090 Website: think-ovate.com
This document was last updated in June 2025. Thinkovate reserves the right to amend these Terms at any time.
