Terms and Conditions


In these Terms and Conditions, the following terms shall have the following meanings:

“Charges”: the charges payable by the Client for the Services as specified in the Contract or, if

not specified in the Contract, as set out in the Quotation.

“Client”: the company or other entity which has entered into a Contract with Redink.co.za for the provision of Services

“Client Materials”: documentation, reference material and other material that the Client provides to

Redink.co.za  in order for Redink.co.za to be able to provide, or otherwise

in connection with, the Services.

“Contract”: has the meaning given to it in clause 2.2.

“Expenses”: the third party costs and expenses as are specified in a Contract, or which are

reasonably and necessarily incurred by Redink.co.za in connection with the

Services (including, without limitation, travel and subsistence expenses, and courier


“Order”: an order from the Client for the provision of Services, which may be in such form

and medium as Redink.co.za may from time to time accept.

“Price List”: the price list agreed by Redink.co.za and the Client for the Services or, if no

such price list has been agreed, Redink.co.za then standard price list.


(hereafter referred to as Redink.co.za)


2.1 Unless stated otherwise each written quotation issued by Redink.co.za remains open for acceptance for 30 days.

2.2 The Client’s written approval or payment of the said deposit is acceptance of a quotation and constitutes

an Order which is subject to acceptance by Redink.co.za in accordance with clause 

2.3. By payment of the deposit

or signed written agreement the Client acknowledges and agrees to these here Terms and Conditions.

2.3 A contract between Redink.co.za and the Client for the provision of Services is formed on the acceptance by Redink.co.za of

an Order (a “Contract”). Each Contract incorporates these Terms and Conditions, the Client Materials,

and any document(s) expressly referred to herein or in the Order. A Contract may only be modified in

writing by duly authorized representatives of Redink.co.za and the Client. Any standard or pre-printed terms and

conditions contained on the Client’s purchase order, invoice or other document shall have no effect and

shall not apply to the Contract.

2.4 Each Contract constitutes the entire agreement between the parties with respect to the provision of

Services, provided that nothing in this clause shall limit or exclude the liability of either party for fraud or

fraudulent misrepresentation.


3.1 Subject to the following provisions of this clause 3, Redink.co.za undertakes that:

(a) it will exercise reasonable skill, care and diligence in carrying out the Services; and

(b) it will use all reasonable endeavours to meet any date(s) for completion of the Services specified in a

Contract, provided that Redink.co.za shall not be liable for any delay caused by the Client (including, without

limitation, any failure or delay by the Client to provide any Client Materials, or any errors or

omissions in the Client Materials).

3.2 Unless another method is specified in a Contract, Redink.co.za will send all work to the Client by email at the

Client’s sole risk.

3.3 The Client shall ensure that all Client Materials:

(a) are of a sufficient quality and integrity to enable Redink.co.za to provide the Services;

(b) do not infringe any third party’s copyright or other intellectual property rights;

(c) are not defamatory or otherwise libellous; and

(d) do not breach any other law, statute, ordinance or regulation.

The Client agrees to indemnify Redink.co.za against any loss, liability, damage, cost and expense (including

reasonable legal fees and expenses) incurred by Redink.co.za in connection with claims made or brought against

Redink.co.za by a third party alleging that the Client Materials, or the use thereof by Redink.co.za (i) infringe the copyright

or other intellectual property rights of any person, or (ii) are defamatory or otherwise libellous.

3.4 The Client agrees to indemnify Redink.co.za against any loss, liability, damage, cost and expense (including

reasonable legal fees and expenses) incurred by Redink.co.za in connection with claims made or brought against

Redink.co.za by a third party alleging that the Client Materials, or the use thereof by Redink.co.za (i) infringe the copyright

or other intellectual property rights of any person, or (ii) are defamatory or otherwise libellous.

3.5 On acceptance of the work by Redink.co.za and the deposit paid, consultation will take place in regard of the

scheduling of the work. Once the work has been placed on Redink.co.za schedule It is the clients responsibility to

ensure that all client materials which are required by Redink.co.za reaches Redink.co.za before the scheduled date. If there

is any delay caused by the client by not supplying the required materials to Redink.co.zaRedink.co.za will have the right to

invoice the client for time lost of scheduled work not performed due to clients delay. In such a case the

work may be rescheduled for a future date and the client may be invoiced again for such work

completed by Redink.co.za.

3.6 As work commences Redink.co.za will require feedback from clients in regard of work acceptability and

completion. Clients have five (5) working days (unless otherwise negotiated and agreed upon by Redink.co.za

and the client) to inform Redink.co.za of changes required on work. If the five (5) working days elapse with no

feedback from the client Redink.co.za will have the right to accept that the client is satisfied and that the work is

completed, Redink.co.za will then issue the client with an invoice for the completed work, any changes to work

after this invoice is issued will be for the cost of the client.

3.7 All Client Materials provided to Redink.co.za by the Client will be held or dealt with by the Company at the Client’s

risk, and the Client is solely responsible for ensuring that such Client Materials are insured against loss or

damage while in Redink.co.za custody. Redink.co.za reserves the right to destroy or otherwise dispose of any Client

Materials which have been in Redink.co.za custody for more than three months following completion of the

Services to which they relate.


4.1 Redink.co.za shall invoice the Client for a deposit of 50% of total quotation. This deposit is non-refundable.

4.2 Redink.co.za shall invoice the Client for the remainder of the Charges and any Expenses (together with VAT at the

then applicable rate) on completion of the Services, provided that, where Services take {or are

reasonably expected to take} more than 30 days to complete, Redink.co.za shall be entitled to issue interim


4.3 Unless other payment terms are specified in a Contract, the Client shall pay each invoice issued by Redink.co.za

on receipt of the invoice. If the Client requests that Redink.co.za invoices a third party in respect of any Services

and such third party fails to pay the invoice by the due date, Redink.co.za is entitled to reissue the invoice to the

Client and the Client shall pay such invoice in full on receipt.

4.4 For the avoidance of doubt, the Client is not entitled to delay payment of an invoice issued by Redink.co.za as a

result of any failure or delay in payment by the Client’s own client or customer, even where the Client has

notified Redink.co.za that the Services are being provided for the benefit of such client or customer.

4.5 In the event of a bona fide dispute, the Client shall pay the disputed invoice (or, if applicable, the

disputed part of the invoice) within 7 days of the dispute being resolved in Redink.co.za favour.

4.6 If the Client fails to pay an undisputed and overdue invoice within 30 days of receiving a written notice

from Redink.co.za, then Redink.co.za reserves the right:

(a) to suspend or terminate some or all services to the client including the services of webhosting and

any other outsourced service rendered to the client.

(b) to charge interest at the rate of 2% per month on the outstanding balance from the due date up to

the actual date of payment on all unpaid invoices.

(c) After 60 days of non-payment of said invoice the account will be handed over for debt collection,

the client will be liable for all consequential debt collection and or legal fees


Redink.co.za will keep information and documentation entrusted to it confidential, apart from information which Redink.co.za

knew prior to its engagement by the Client without any obligation of confidentiality, or information which

enters the public domain other than through the fault of Redink.co.za, or where Redink.co.za is required to disclose such

information as a result of a binding order from an authority of competent jurisdiction.


6.1 Redink.co.za will at all times adhere to the protection of personal information act 2013:


6.2 The parties acknowledge that the provision of the Services may require processing of personal data on

behalf of the Client by Redink.co.za.

6.3 Redink.co.za undertakes that in relation to any personal data that it processes on behalf of the Client it shall

process such personal data only in accordance with the protection of personal information act 2013.


The Client agrees that it will not, at any time prior to the date falling twelve (12) months after the date of

completion of the Services, solicit, directly or indirectly, the services of any employee or former employee of

Redink.co.za or of any subcontractor of Redink.co.za who has at any time been involved with the provision of Services.


8.1 If the Client notifies Redink.co.za that it wishes, for any reason, to postpone or cancel any Services, Redink.co.za may (at its

discretion) agree to such postponement or cancellation, subject always to the Client paying all Charges

which have accrued and all Expenses that have been incurred up to the date of cancellation or

postponement (as applicable).

8.2 Redink.co.za shall be entitled to terminate a Contract with immediate effect and without liability if it reasonably

believes that the Client is or may be in breach of clause 3.4.


Redink.co.za shall not be liable, whether in negligence, for breach of contract, misrepresentation or otherwise, for any

indirect or consequential loss, damage, expense or cost of any kind suffered or incurred by the Client.


Redink.co.za and the Client agree that any disagreements about the quality of the Services shall be referred to an

arbitrator to be agreed and appointed by the parties or, if the parties fail to agree, to approach the courts of

the Republic of South Africa.


In the event of natural or unnatural disasters (which shall include strike, fire, industrial dispute, civil

commotion, natural disaster, acts of war and any other situation which can be shown to have materially

affected Redink.co.za ability to undertake and complete the Services as agreed), Redink.co.za shall notify the

Client as soon as it becomes aware of such event, indicating the circumstances. An event of natural or

unnatural disaster shall entitle either Redink.co.za or the Client to terminate the Contract with immediate effect, subject

to the Client paying Redink.co.za for all Services completed and Expenses incurred up to the date of termination. Redink.co.za

shall not be liable for the consequences of non-performance or any delay in completion or delivery of Services

as a result of natural or unnatural disasters.


12.1 Neither party shall assign its rights or obligations under a Contract without the prior written consent of

the other party.

12.2 Redink.co.za is entitled to subcontract some or all of the Services, provided that Redink.co.za shall remain solely

responsible for the acts and omissions of its subcontractors.


The waiver by either party of a breach or default of any of the provisions of a Contract by the other party shall

not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or

omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may

have hereunder operate as a waiver of any breach or default by the other party.


Each Contract is governed by the Law of the Republic of South Africa and Redink.co.za and the Client irrevocably submit

to the nonexclusive jurisdiction of the Law of the Republic of South Africa and its Courts, provided that nothing

in this clause shall prevent Redink.co.za from taking legal action against the Client in any jurisdiction in which the Client

carries on business.