Terms & Conditions.

These Terms and Conditions (“T&Cs”) form a legally binding agreement between Alex Hayn (Pty) Ltd (Registration No: 2023/216702/07), acting through its trading divisions “Alex Hayn” and “Fine Tooth” (“the Company,” “we,” “us,” or “our”), and the Client (“you”).

By paying a deposit, accepting a quotation, or allowing work to commence, you acknowledge that you have read, understood, and agreed to be legally bound by these T&Cs.

1. DEFINITIONS & SCOPE

1.1. The Services: We provide two distinct categories of service:

  • Creative & Strategy (Trading as Alex Hayn): Brand strategy, identity design, and production.

  • Auditing & Consulting (Trading as Fine Tooth): Brand integrity audits, site visits, guest experience evaluations, and strategic retainers.

1.2. The Project: The specific deliverables, timelines, and fees are detailed in your Quote or Proposal. In the event of a conflict between the Quote and these T&Cs, the Quote takes precedence regarding costs and timelines, while these T&Cs take precedence regarding legal liability and rights.

2. FINANCIAL TERMS

2.1. Deposits: A non-refundable deposit of 50% is required before any work or travel arrangements commence.

2.2. Validity: Quotations are valid for 14 calendar days.

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

2.4. Late Payment: We reserve the right to charge interest on overdue balances at 10% per month. We may withhold deliverables or suspend Retainer services until accounts are settled.

2.5. Value-Based Pricing: Our fees are based on the value, expertise, and usage rights granted, not solely on hours worked.

3. RETAINER AGREEMENTS (FINE TOOTH & STRATEGY)

3.1. Duration: Retainer agreements are binding for a minimum period of 12 months unless otherwise specified in the Quote.

3.2. Payment: Retainer fees are payable monthly in advance on the 1st of each month.

3.3. Rollover: Hours or services not used within a specific month do not roll over to the next month unless explicitly agreed in writing. They are forfeited to ensure capacity allocation.

3.4. Cancellation: After the initial 12-month term, the retainer converts to a month-to-month agreement, cancelable with 30 days’ written notice. Early termination of the initial 12-month term requires payment of 50% of the remaining contract value.

4. FINE TOOTH AUDITS & SITE VISITS

4.1. Travel & Logistics: You are responsible for all travel, accommodation, and subsistence costs for site visits. These will be invoiced separately or booked directly by you, as agreed.

4.2. Access: You agree to provide full, safe access to your premises, staff, and operations as required for the audit.

4.3. Liability on Site: While we exercise reasonable care, Alex Hayn (Pty) Ltd is not liable for operational disruptions during an audit. You indemnify us against any injury or loss occurring on your premises, except where caused by our gross negligence.

4.4. Incognito Visits: If a "Ghost Guest" or incognito audit is requested, you agree to waive any refund claims should staff discover the auditor's identity during the stay.

5. INTELLECTUAL PROPERTY (IP)

5.1. Ownership: All IP rights in strategies, designs, reports, and concepts remain the exclusive property of Alex Hayn (Pty) Ltd until full and final payment is received.

5.2. Transfer of Rights: Upon full payment, you are granted a perpetual, non-exclusive license to use the final deliverables for their intended purpose.

5.3. Open Files: Editable source files (e.g., InDesign, AI) are not included in standard fees. If requested, these may be purchased for an additional release fee.

5.4. Portfolio Rights: We reserve the right to use all work (excluding confidential financial data) for our promotional purposes, portfolio, and website.

6. INDEMNIFICATION & LIMITATION OF LIABILITY

6.1. Strategy & Advice: Our services (brand strategy, audits, consulting) rely on our professional experience and opinion. We do not guarantee specific commercial outcomes (e.g., increased occupancy or revenue). You implement our recommendations at your own risk.

6.2. Indemnity: You agree to indemnify and hold harmless Alex Hayn (Pty) Ltd against any claims, damages, or losses arising from:

  • Errors in final deliverables after you have signed them off.

  • Your implementation of our strategic advice.

  • Third-party services (printers, photographers) engaged on your behalf.

6.3. Limitation: Our total liability for any claim arising out of this agreement shall not exceed the total fees paid by you for the specific project or month in question.

7. CANCELLATION & TERMINATION

7.1. Termination by Client: If you cancel a project after commencement, the 50% deposit is forfeited. You will be billed pro-rata for any additional work completed beyond the deposit value.

7.2. Third-Party Costs: You are liable for any non-recoverable costs incurred on your behalf (e.g., booked flights, printing deposits) at the time of cancellation.

8. GOVERNING LAW

These T&Cs are governed by the laws of the Republic of South Africa. Any disputes are subject to the exclusive jurisdiction of the South African courts.

Website Use & Infrastructure

1. Hosting Platform This website is hosted by Squarespace. By accessing this site, you agree to abide by these Terms as well as the applicable usage policies of our hosting provider. While we strive for 100% uptime, we are not liable for any temporary service interruptions or data loss caused by server maintenance or technical issues beyond our control.

2. Intellectual Property All content on this website—including but not limited to text, strategy frameworks, logos, brand audits, and original photography—is the exclusive intellectual property of Alex Hayn (Pty) Ltd unless otherwise stated.

  • Permitted Use: You may view and print pages for personal, non-commercial use only.

  • Prohibited Use: You may not copy, reproduce, or redistribute any strategy concepts or "Work" samples without prior written consent.

3. Limitation of Liability The information provided on this site is for professional guidance and general informational purposes only. We provide no warranties regarding the accuracy or completeness of the content and shall not be held liable for any decisions or actions taken based on the information found herein.

4. Data & Privacy Your use of this site is also governed by our Privacy Policy, which details how Squarespace collects and processes your data in compliance with POPIA and GDPR.