Terms of Service

Introduction

Welcome to Krescko. These Terms of Service ("Terms") govern your use of the services provided by Krescko Pty Ltd ("Krescko," "we," "us," or "our"), a collective of freelancers delivering marketing and creative services.

By engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

Services

Krescko provides a range of marketing and creative services, including but not limited to:

• Website design and development
• Branding and visual identity
• Social media management and content creation
• Media production (photography, videography, and related services)

The specific scope, deliverables, and timeline for each project will be defined in a separate project proposal or agreement. These Terms apply to all services unless otherwise specified in writing.

Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide accurate and complete information about your business, brand, and project requirements
• Supply necessary materials, content, and assets in a timely manner
• Respond to requests for feedback and approvals within reasonable timeframes
• Designate a primary point of contact for project communications
• Ensure you have the rights to any materials you provide to us

Delays caused by failure to meet these responsibilities may affect project timelines and could result in additional costs.

Payment Terms

Our payment terms are structured to ensure commitment from both parties and to cover the costs of our work:

• Deposit: A minimum of 50% of the total project fee is required upfront before any work begins. No exceptions.
• Final Payment: The remaining balance is due upon project completion and before final deliverables are handed over.
• Payment Methods: We accept bank transfers and other payment methods as communicated during invoicing.
• Late Payments: Payments not received within 14 days of the due date may incur late fees and may result in project suspension.

All prices are quoted in South African Rand (ZAR) unless otherwise specified. For international clients, currency conversion rates apply at the time of payment.

Refund Policy

At Krescko, we set clear expectations from the start. Before any project begins, we ensure you understand exactly what you will receive, including detailed scope, deliverables, and timelines.

No refunds will be issued for services that have been delivered as agreed. If the deliverables match the scope outlined in your project agreement, no refund will be provided.

We believe in honest, straightforward business relationships. If a client attempts to change the agreed scope after work has commenced, acts in bad faith, or engages in bait-and-switch tactics, Krescko reserves the right to terminate the project immediately. In such cases, no refund will be issued for work already completed or deposits paid.

Our clear expectations policy exists to protect both parties and ensure a fair working relationship.

Project Timeline and Delivery

Project timelines are estimated based on the agreed scope and are communicated in your project proposal. We are committed to meeting these timelines, subject to:

• Timely provision of materials and feedback from the client
• Scope remaining as originally agreed
• Payment milestones being met on schedule

Changes to project scope ("scope creep") may require timeline adjustments and additional fees, which will be communicated and agreed upon before proceeding.

Intellectual Property

Client Ownership: Upon full payment, you own all rights to the custom content, designs, and code created specifically for your project. This includes website code, brand assets, graphics, copy, and other deliverables created by Krescko for you.

Portfolio Rights: Krescko retains the right to display and reference completed work in our portfolio, website, social media, and other marketing materials. This helps us showcase our capabilities to prospective clients. If you require confidentiality, please discuss this with us before project commencement.

Third-Party Assets: Any third-party assets used in your project (such as stock photography, fonts, plugins, or templates) remain subject to their respective licenses. We will inform you of any third-party assets used and their licensing terms.

Pre-existing Materials: Any tools, frameworks, or proprietary systems developed by Krescko prior to your project remain our property, though you receive a license to use them as part of your deliverables.

Confidentiality

We respect the confidentiality of your business information. Any sensitive information shared with us during the course of a project will be kept confidential and will not be disclosed to third parties, except:

• To freelancers and team members working on your project (bound by confidentiality agreements)
• For portfolio and marketing purposes (as outlined in the Intellectual Property section)
• When required by law or legal process

Limitation of Liability

Our services are provided on an "as is" basis. While we strive to deliver high-quality work, Krescko makes no warranties or guarantees regarding:

• Specific business results, revenue increases, or marketing outcomes
• Uninterrupted or error-free operation of websites or digital products
• Compatibility with all devices, browsers, or platforms
• The actions or performance of third-party services, hosting providers, or platforms

To the maximum extent permitted by law, Krescko's total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific project in question.

Termination

By the Client: You may terminate a project at any time by providing written notice. However, no refund will be issued for work already completed or deposits paid. You will be invoiced for any work completed beyond the deposit amount.

By Krescko: We reserve the right to terminate a project if the client breaches these Terms, fails to make payments, becomes unresponsive, or acts in bad faith. Specifically, we will not continue working with clients who attempt bait-and-switch tactics or make unreasonable demands outside the agreed scope. In such cases, no refund will be issued.

Upon termination, each party will return or destroy any confidential information belonging to the other party, except as required for legal or record-keeping purposes.

Dispute Resolution

In the event of any dispute arising from these Terms or our services, the parties agree to:

1. First attempt to resolve the dispute through good faith negotiation
2. If negotiation fails, submit the dispute to mediation before pursuing any legal action
3. If mediation is unsuccessful, the dispute may be submitted to the appropriate courts

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of South Africa.

Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to our website. For ongoing projects, the Terms in effect at the time of project commencement will apply unless otherwise agreed in writing.

Contact Us

If you have any questions about these Terms of Service, please contact us: