Terms & Conditons

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 and financial terms

1.1 Service scope

We operate under two specialised divisions:

  • Alex Hayn: Creative direction, legacy brand strategy, visual identity, copywriting, and design.

  • Fine Tooth: Brand integrity audits, site visits, guest experience evaluations, and ongoing 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 and payments

  • Value-based pricing: Our fees reflect the strategic value, expert insight, and usage rights granted, not raw hours worked.

  • Deposits and 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 and strategy)

  • 3-month initial commitment: All retainers begin with a 3-month commitment period to establish workflow and assess workload.

  • 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 rate.

  • Use-it-or-lose-it: Unused hours 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 cancellable by either party with 30 days’ written notice. Early cancellation during the initial 3-month term requires payment of the remaining commitment balance.

3. Creative process, IP and AI usage

3.1 Human craft and Artificial Intelligence (AI)

  • Core strategic value: The premium value you pay for lies in original human strategy, creative conceptualisation, and brand architecture. We do not rely on automation for core strategic outcomes.

  • AI as an execution tool: To maintain modern, global operational standards, we use AI technology as a tool for efficiency, such as generating visual mockups, preliminary copy proofing, and rapid prototyping.

  • Conceptual references: Visual mockups or AI-generated visual references provided during interim phases are intended strictly as conceptual aids to illustrate mood and art direction. They are not final production assets unless explicitly stated.

3.2 Intellectual property and portfolio rights

  • Ownership transfer: All concepts, strategies, audit reports, and designs remain the sole property of Alex Hayn (Pty) Ltd until all invoices are paid in full. Upon full payment, you receive exclusive, perpetual usage rights to the final deliverables as outlined in your Proposal.

  • Editable source files: Final deliverables are supplied in published or flattened formats. Editable open files (such as Adobe InDesign or Illustrator source archives) remain our property and require a separate release fee.

  • Portfolio rights: We reserve the right to showcase completed project work (excluding confidential financial data) across our website, portfolio, and marketing channels.

4. Site visits and audits (Fine Tooth)

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

  • Access and premises safety: You agree to provide full, safe access to your facilities, staff, and operations. You indemnify us against any injury or property damage occurring on site, except in cases of our gross negligence.

  • Ghost guest audits: If an incognito or mystery audit is conducted, fees remain fully non-refundable even if your staff identify the auditor during their stay.

5. Liability and disclaimers

  • Commercial outcomes: Our services provide expert strategic guidance. We do not guarantee specific financial, occupancy, revenue, or conversion metrics. You implement strategic advice at your own discretion.

  • Sign-off: You are responsible for reviewing and approving all final proofs, copy, reports, and visual designs. We are not liable for errors discovered after your 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.

6. Cancellation and refunds

  • Project cancellation: If you cancel a project after commencement, the 50% deposit is forfeited. You will be invoiced pro-rata for any completed work exceeding the deposit value.

  • Third-party expenses: You remain fully responsible for any non-refundable expenses (such as travel bookings or print deposits) incurred on your behalf prior to cancellation.

7. Website management, hosting and privacy

  • Platform and infrastructure: This website is built on the Squarespace platform and uses domain hosting services provided by Xneelo. Availability and performance are subject to the service levels of these third-party providers.

  • Limitation of liability: We strive for continuous uptime, but we are not liable for temporary downtime, technical errors, or data transmission issues caused by our hosting or platform partners. Use of this website is at your own risk.

  • Website content: All strategy frameworks, brand audit structures, text, and media on our sites are protected IP. Content may not be copied, scraped, or republished without written consent.

  • Data protection: Personal information processed via Squarespace and Xneelo is managed in compliance with the South African Protection of Personal Information Act (POPIA) and international standards (such as GDPR). Please refer to our Privacy Policy for details.

  • External links: This site may contain links to third-party services. We do not endorse and are not responsible for the content or privacy practices of external websites.

8. 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.