This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. By purchasing products and/or services from this website, you accept and are bound by these terms and conditions.
You may not purchase or obtain products and/or services from this website if you (A) do not agree to these terms or (B) are not 18 years or older or © are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
2. Purchases and Cancellation
All purchases are final and will only be completed once full payment has been made. Orders cannot be cancelled or changed once paid. Payment means you have accepted these Terms and you understand that you cannot cancel your order or receive any refund.
You warrant that you will include the correct email address in all purchases, and in the event of an incorrect address or incorrect information, Digital Sprinkles will not be liable or responsible for any loss or damage you may suffer.
3. Returns and Refunds
We offer no returns or refunds on any products and/or services on this site. All sales and purchases are final.
Once checkout is complete and payment is made then you will receive the link/s to download and/or access the guide, handbook, editable Canva template or any other digital product. Once checkout is complete and payment has been made your booked build slot for your website is final and cannot be refunded, canceled or changed.
4. Website Builds
4.1. When purchasing a website template, during checkout before you make payment you are required to book a build slot in our calendar. Bookings are final and cannot be changed once booked.
4.2. Bookings cannot be made sooner than one week from date of purchase and cannot be made later than one month from date of purchase.
4.3. All website purchases require a build to be booked during checkout. No exceptions.
4.4. Booking cannot be changed or cancelled for any reason whatsoever and we will not enter into any communication in regard to requests of this nature. All bookings are final.
5. Content Delivery
In the case of a template website purchase, content is required to be delivered to Digital Sprinkles before the booked in build slot.
5.1. You will receive an email within 48 hours with a link to the project in our project management system that we use (Basecamp). You are required to use this system to upload the necessary content that we need to build your site.
5.2. You will need to upload your branding (if you have any) as well as any images that you want used on your site.
5.3. You will complete the copy documents for each page of the template.
5.4. The info doc will also need to be completed including links to your social profiles and the email address that form submissions are to go to.
5.5. The deadline for content delivery is two days before the scheduled build slot. No exceptions. Any content uploaded or added after the content delivery deadline will not be used on the site.
5.6 If you miss the deadline for content delivery then we will simply build out the site exactly the same as the demo. Then it will be your responsibility to edit the site and make it your own after we have completed the build.
6. Domain and Hosting Information
In the case of template website purchases we require the domain and hosting information from you.
6.1. This information has to be provided to us during checkout before payment.
6.2. Template website purchases cannot be made without proving this information.
6.3. All customers/clients must have purchased their own domains and set up their own hosting before making purchase of a template website.
7. Prices and Payment Terms
7.1. All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the purchase is made. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
7.2. Terms of payment are within our sole discretion and payment must be received by us before purchases can be completed. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) , and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and currency conversion, if any.
8. Site Credits
Websites designed and/or built by Digital Sprinkles will all have site credits reflecting our name and a link to our site embedded in the footer of the website purchased from and/or built by us. These site credits cannot be removed from sites purchased from, designed and/or built by Digital Sprinkles. These site credits cannot be edited in any way or obscured.
Digital Sprinkles websites, editable Canva templates, guides, handbooks or any other product or service cannot be resold under any circumstances. Products and/or services cannot be passed off as your own and cannot be purchased from us with the intention of reselling them whether with a markup or none.
10. Intellectual Property Use and Ownership
You acknowledge and agree that:
10.1. Each design available for sale on these Sites either a website or other template remains the intellectual property of Digital Sprinkles and cannot be resold or passed off as your own.
10.2. Each handbook, guide, blog post, help document or any other written or visual document or article available and/or displayed on these Sites remains the sole intellectual property of Digital Sprinkles and cannot be duplicated, sold, resold, displayed or passed off as your own in any way whatsoever.
10.3. Each website or other product and/or service purchased through these Sites is licensed for use to each purchaser. Websites, once built, become the property of the purchaser, but the design remains the intellectual property of Digital Sprinkles and cannot be claimed as one’s own, duplicated or resold in any way whatsoever.
10.4. You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
10.5. Digital Sprinkles is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
10.6. All stock images used in site demos and/or other digital products including but not limited to Canva templates, handbooks and guides are not owned by Digital Sprinkles and purchasing these websites or other templates does not make you the owner of the stock image either. It is your responsibility to ensure that you have the right to use any image on your site and other design collateral and we will not be held responsible for any issues arising out of this.
12. Governing Law
The Parties have entered into this Agreement in South Africa and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of South Africa, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of South Africa, and that venue of any action will be located in the South African Courts.
To the extent permitted by applicable laws, the Consumer agrees to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
14. Entire Agreement
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
15. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of Digital Sprinkles’ intellectual property rights and confidential and proprietary information by you, Digital Sprinkles will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Digital Sprinkles may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the courts in South Africa for purposes of any such action by Digital Sprinkles.
16. Compliance with Law
The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
17. No Waiver
If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
18. Force Majeure
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, War, Invasion, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, nuclear leak or other such serious situation or event. Digital Sprinkles will not provide any refunds in such an event if the purchases experiences these. If Digital Sprinkles requires to be excused of further performance obligations then we will make every effort to reschedule builds before we cancel them and if we must cancel them then refunds will be granted on a case per case basis.
Last updated 29-08-2020