Terms & Conditions

Welcome to the Elem Solutions website ("Website"). These Terms & Conditions ("Terms") govern your access to and use of the Website and outline key commercial terms that commonly apply to engagements with us. By using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

1) About Us and Our Services

Elem Solutions is a South African marketing agency offering:

• Brand Strategy & Identity
• Digital Marketing & Content
• Advertising & Campaigns
• Events & Activations
• Design & Production
• Web & Digital Infrastructure

Website content is for general information only and does not constitute a binding offer. Any services we perform are governed by a separate contract, statement of work, or SLA.

2) Acceptable Use

You agree not to:

• Violate any law or the rights of others.
• Upload, transmit, or distribute harmful or unlawful content.
• Introduce malware or attempt to gain unauthorised access to systems.
• Scrape, mine, or overload the Website through automated means not expressly permitted.
• Impersonate any person or misrepresent your affiliation.

We may suspend or terminate access for violations and, where appropriate, notify authorities.

3) Quotes, Orders, Fees, and Payment

Quotes/Pricing: Quotes are in ZAR unless stated otherwise and may include VAT if applicable. They are subject to confirmation and validity periods.

Formation: A contract forms when we accept your order (e.g., countersigned agreement, written acceptance, or commencement of work).

Billing & Payment: Unless otherwise agreed in writing, invoices are due upon presentation. We may require deposits before commencing work. We may suspend services for overdue accounts and apply lawful interest or collection costs as specified in the invoice/contract.

Payment Methods: EFT, card, or other methods we specify. For online payments, details are handled by secure processors.

Disputes: Raise invoice disputes promptly so we can investigate and resolve.

4) Cancellation and Refunds

Because our work is largely bespoke:

Before work begins: Pre-payments may be refundable less reasonable admin/third-party costs already incurred.

After work begins: Fees are due for work performed and committed costs. Discounts contingent on full project completion may be recalculated at standard rates if cancelled mid-project.

Long-term contracts/SLA: Governed by the termination clause (e.g., notice periods, early termination fees).

Events/Workshops: Follow event-specific terms (e.g., refund windows, no-show policy). If we cancel or materially change an event you paid for, we will refund fees or offer a suitable alternative.

Digital products: Typically non-refundable once accessed/downloaded, except where legally required or stated otherwise.

Consumer rights: We comply with applicable South African consumer laws (e.g., cooling-off after direct marketing; defect warranties for goods). Custom goods may not be returnable for change of mind but remain covered against defects as required by law.

5) Intellectual Property

Website content, look-and-feel, trademarks, and materials are owned by Elem or our licensors and protected by law. You receive a limited, revocable, non-transferable licence for personal, non-commercial use of the Website.

Client deliverables and associated IP ownership/licensing will be set out in the service contract. We may showcase non-confidential deliverables in our portfolio unless you object in writing.

If you provide materials (logos, copy, images), you warrant you have the rights to use them and grant us a licence to use them for providing services. You agree to indemnify us against third-party IP claims arising from your materials.

6) Disclaimers

The Website is provided "as is" and "as available". We do not guarantee it will be uninterrupted, secure, or error-free, nor do we guarantee specific outcomes from marketing campaigns or strategies.

We do not control third-party sites or services referenced or linked on the Website.

Where the law does not allow exclusions, they apply only to the extent permitted.

7) Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, revenue, data, business, or goodwill.

Aggregate cap: Our total liability for all claims related to the Website or services is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim (or ZAR 1,000 if no fees were paid).

We are not liable for events beyond our reasonable control (force majeure), third-party acts, your misuse, or failures to follow guidance. Nothing excludes liability that cannot be excluded by law.

8) Indemnity

You agree to indemnify and hold harmless Elem Solutions and its personnel from claims, damages, losses, and expenses (including reasonable legal fees) arising from: your breach of these Terms or law; your content/materials; or your misuse of the Website or services.

9) Privacy

Your use of the Website is also governed by our Privacy Policy. By using the Website, you acknowledge and agree to our privacy practices.

10) Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. The courts of South Africa shall have exclusive jurisdiction over disputes arising from or in connection with these Terms or your use of the Website. We will first attempt to resolve disputes amicably.

11) Changes to the Website and Terms

We may update the Website and these Terms at any time. Changes take effect when posted with an updated "Last Updated" date. Continued use signifies acceptance. Existing signed service contracts are only amended by written agreement.

12) Contact Us

Email: info@elemsolutions.com
Phone: +27 (0)XX XXX XXXX
Address: Elem Solutions, [Street Address], Pretoria, 0000, South Africa