These Terms and Conditions (“Terms”) govern your access to and use of The Creative Itch website, services, and related systems (“Service”).
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.1 “The Creative Itch” means The Creative Itch, operating in accordance with the laws of the Republic of South Africa.
1.2 “User” means any person who uses the Service.
1.3 “Services” means Corporate Gifts, Branded Clothing, Banners and Gazebos, Printed Materials, Custom Branding, and related promotional services.
1.4 “CPA” means the Consumer Protection Act 68 of 2008.
1.5 “POPIA” means the Protection of Personal Information Act 4 of 2013.
2.1 The Creative Itch provides branding and promotional services including Corporate Gifts, Branded Clothing, Banners and Gazebos, Printed Materials, and Custom Branding.
2.2 Services are provided subject to quotation approval, production timelines, supplier availability, and payment confirmation where applicable.
2.3 The Creative Itch reserves the right to modify, suspend, or discontinue any part of the Service at its discretion.
2.4 While every reasonable effort is made to ensure accurate timelines and availability, The Creative Itch does not guarantee uninterrupted availability of services, products, or systems.
3.1 All quotations are valid for the period stated on the quotation unless otherwise specified.
3.2 Orders will only proceed once written approval or confirmation has been received from the User.
3.3 Production will only commence once all required artwork, approvals, and deposits (where applicable) have been received.
3.4 The User is responsible for checking and approving all artwork, spelling, layouts, sizing, colours, and specifications before production.
3.5 Once production has commenced, cancellations or changes may result in additional costs.
3.6 Delivery timelines are estimates and may be affected by supplier delays, courier delays, load shedding, technical issues, or circumstances beyond reasonable control.
4.1 The User warrants that:
4.1.1 They are authorised to place orders and approve artwork.
4.1.2 All information provided is accurate and complete.
4.1.3 Any logos, trademarks, or artwork supplied by the User do not infringe on third-party intellectual property rights.
4.1.4 The User assumes responsibility for final approved artwork and specifications.
5.1 Payment terms may vary depending on the project or service provided.
5.2 The Creative Itch reserves the right to require deposits or full upfront payment before commencing work.
5.3 Outstanding amounts may be subject to collection processes in accordance with South African law.
5.4 Ownership of goods remains with The Creative Itch until payment has been received in full.
6.1 By engaging with The Creative Itch, the User consents to being contacted regarding quotations, orders and production updates, delivery arrangements, payment reminders, customer feedback, and service updates.
6.2 Communication may occur via phone call, SMS, WhatsApp, or email.
7.1 CPA Rights: Nothing in these Terms limits or excludes any rights afforded to consumers under the CPA where applicable.
7.2 Section 49 Notice (Important Risk and Liability Disclosure): The User’s attention is specifically drawn to the following clauses which limit The Creative Itch’s liability (Clause 9), contain indemnities by the User (Clause 10), and involve risk allocation. By using the Service, the User acknowledges these clauses.
8.1 The Creative Itch is the Responsible Party as defined in POPIA and processes Personal Information in accordance with POPIA and other applicable South African data protection laws.
8.2 The Creative Itch may collect and process name and surname, company information, email address, contact numbers, billing and delivery information, payment information, website usage and technical information, and communication records.
8.3 Personal Information may be processed for providing services, processing quotations and orders, customer communication, delivery coordination, payment processing, fraud prevention, legal and regulatory compliance, and service improvement.
8.4 Personal Information may be shared with payment processors, hosting providers, courier and delivery companies, IT service providers, and professional advisers where required. The Creative Itch does not sell Personal Information.
8.5 Users may request access to Personal Information, correction of inaccurate information, deletion of information where legally permitted, and withdrawal of consent where applicable. Requests may be submitted via the contact details below.
9.1 To the maximum extent permitted by law, The Creative Itch shall not be liable for any indirect, incidental, or consequential damages, loss of profits, revenue, goodwill, or business opportunities, delays caused by third-party suppliers or courier services, or minor colour variations, material variations, or production tolerances within industry standards.
9.2 The Creative Itch’s total aggregate liability arising from any claim shall not exceed the total amount paid by the User for the applicable order or service.
9.3 Nothing in these Terms excludes liability that cannot lawfully be excluded under South African law.
12.1 All intellectual property rights relating to The Creative Itch branding, website, graphics, content, designs, and systems remain the property of The Creative Itch unless otherwise agreed in writing.
12.2 The User may not reproduce, distribute, copy, or commercially exploit any material belonging to The Creative Itch without written permission.
13.1 The Creative Itch shall not be liable for delays or failure caused by events beyond reasonable control, including supplier delays, load shedding, internet outages, strikes, natural disasters, or governmental actions.
14.1 Our chosen address for legal notices and service of legal process is:
The Creative Itch
KwaZulu-Natal
South Africa
16.1 The Creative Itch may amend these Terms from time to time and continued use of the Service constitutes acceptance of the amended Terms.
17.1 The Creative Itch
Courtney Botha
069 516 3588
courtney@creativeitch.co.za
