Terms & Conditions.

Alex Hayn (Pty) Ltd (Registration No: 2023/216702/07)

Trading as "Alex Hayn" and "Fine Tooth"

Effective Date: 4 August 2026

These Terms and Conditions (“T&Cs”) form a legally binding agreement between Alex Hayn (Pty) Ltd (“the Company,” “we,” “us,” or “our”) and the Client or Website User (“you”).

By paying a deposit, approving a proposal, or using our website, you agree to be bound by these T&Cs.

1. SERVICES & FINANCIAL TERMS

1.1 Service Scope

We operate under two specialized divisions:

Alex Hayn: Executive creative direction, legacy brand strategy, founder positioning, visual identity, and brand architecture.

Fine Tooth: Brand integrity audits, operational experience evaluation, and strategic retainer advisory.

Specific deliverables, budgets, and timelines are detailed in your project Proposal or Quote. If there is a conflict, the Proposal governs project costs, while these T&Cs govern legal liability and intellectual property rights.

1.2 Pricing & Payments

Value-Based Pricing: Our fees reflect the strategic value, proprietary methodology, and enterprise usage rights granted, not raw hours worked.

Deposits & Quotations: Quotes are valid for 14 calendar days. A non-refundable deposit of 50% is required before work or travel commences.

Final Payment: The remaining 50% balance is due upon work completion (before final file release) or within 14 calendar days of the invoice date, whichever comes first.

Late Fees: Overdue accounts accrue interest at 10% per month. We reserve the right to pause active projects or withhold deliverables while invoices remain unpaid.

2. RETAINER AGREEMENTS (FINE TOOTH & STRATEGY)

3-Month Initial Commitment: All retainers begin with a 3-month commitment period to establish strategic cadence and workflow. Retainers are strictly capped at 5 clients annually.

Pre-Payment Required: Retainer fees are payable in advance on or before the 1st of each month. Work for that cycle begins only after payment clears.

Turnaround Expectations: Standard turnaround is 48–72 business hours per request. Retainers grant priority access, not instant emergency service.

Overages: Requests outside the agreed monthly scope or capacity will be quoted and billed at our standard hourly advisory rate.

Use-It-or-Lose-It: Unused advisory capacity or deliverables do not roll over to subsequent months and are forfeited at the end of each billing cycle.

Cancellation: After the initial 3 months, retainers convert to a month-to-month arrangement cancelable by either party with 30 days’ written notice.

3. CREATIVE PROCESS, IP & AI USAGE

3.1 Human Craft & Artificial Intelligence (AI)

Core Strategic Value: The premium investment you make lies in original human strategy, founder vision excavation, and brand architecture. We do not automate core strategic outcomes.

AI as an Ideation Tool: To maintain operational efficiency, we may utilize AI technology strictly as an internal tool for rapid prototyping, preliminary proofing, or concept exploration. If AI tools are used during concept phases, they are clearly marked as such at all times. AI technology is NEVER used in final client deliverables.

Conceptual References: Visual mockups or AI-assisted visual references provided during interim phases serve strictly as creative direction aids. They do not constitute final production assets.

3.2 Intellectual Property & Portfolio Rights

Ownership Transfer: All strategic frameworks, positioning codes, and creative assets remain the sole property of Alex Hayn (Pty) Ltd until all invoices are settled in full. Upon full payment, you receive exclusive, perpetual usage rights to the final deliverables outlined in your Proposal.

Editable Source Files: Final deliverables are supplied in published/flattened formats. Editable source archives remain our IP and require a separate release fee.

Portfolio Rights: We reserve the right to showcase completed legacy brand work, strategy case studies, and visual identities across our portfolio and communications.

SITE VISITS & AUDITS (FINE TOOTH)

Logistics & Expenses: You are responsible for all pre-approved travel, accommodation, and subsistence costs associated with site visits.

Access & Premises Safety: You agree to provide full access to your facilities and personnel. You indemnify us against any injury or property damage occurring on site, except in cases of gross negligence.

Ghost Guest Audits: If an incognito audit is conducted, fees remain fully non-refundable regardless of whether staff identify the auditor during the evaluation.

LIABILITY & DISCLAIMERS

Commercial Outcomes: Our services provide strategic direction and brand positioning. We do not guarantee specific revenue or conversion metrics. You implement strategic recommendations at your own business discretion.

Sign-Off: You are responsible for reviewing and approving all final proofs, strategy documents, and designs. We are not liable for errors discovered after formal sign-off.

Liability Cap: To the maximum extent permitted by law, our total financial liability for any claim arising from our services is capped at the total fees paid by you for the specific project or monthly retainer in question.

CANCELLATION & REFUNDS

Project Cancellation: If you cancel a project after commencement, the 50% deposit is forfeited. You will be invoiced pro-rata for completed strategic work exceeding the deposit value.Third-Party Expenses: You remain responsible for non-refundable expenses incurred prior to cancellation.

WEBSITE USE & PRIVACY

Hosting: Our website is hosted on Squarespace. We strive for continuous uptime but are not liable for temporary technical outages beyond our control.

Website Content: All strategy frameworks, copywriting, and media on www.alexhayn.com are protected IP. Content may not be copied, scraped, or republished without written consent.

Data Protection: We process personal data in compliance with the South African Protection of Personal Information Act (POPIA) and international standards. Refer to our Privacy Policy for details.

GOVERNING LAW

These T&Cs are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.