Leigh Hawthorn

Terms and Conditions

Disclaimer / Terms & Conditions

The following Terms and Conditions of Service are applicable to all products and services provided by Leigh Hawthorn Designs. In the event of any dispute, these terms and conditions will govern.

All work conducted by Leigh Hawthorn Designs operates under the assumption that the client has agreed to our terms and conditions. Copyright for all design work, including but not limited to words, images, concepts, visuals, and illustrations, remains with Leigh Hawthorn Designs unless explicitly released in writing following the settlement of all costs.

In cases where multiple design options are presented and one is chosen for your project, only the selected solution is considered to fulfill the contractual agreement. All other designs remain the property of Leigh Hawthorn Designs unless otherwise agreed upon in writing.

Project Acceptance

Quotations are valid for a duration of 7 days unless explicitly specified otherwise. Upon proposal, Leigh Hawthorn Designs can furnish the customer with a written estimate or quotation via email or through WhatsApp.

These Terms and Conditions are accessible at any time on the Leigh Hawthorn Designs website. Alternatively, clients can formalize acceptance by sending an official purchase order or making the required deposit payment in response to the estimate or quotation. This action binds the client to accept our terms and conditions, or they can acknowledge acceptance of the quotation via email.

Design Charges

“Charges for design services provided by Leigh Hawthorn Designs will be detailed in the written estimate or quotation provided to the customer. Upon the customer’s signed acceptance of this estimate or quotation, signifying agreement to the Terms & Conditions, a non-refundable deposit of 25% (or the full amount if less than R3000) of the quoted fee will be immediately due to secure the project. Work on the project will only commence upon receipt of this initial deposit.

Unless otherwise agreed with the Client, all design services require an advance payment of a minimum of fifty (50) percent (non-refundable) of the project quotation total before the work commences or is delivered to the Client for review.

A project is considered successful upon the acceptance of a completed design or upon completion according to the Design Brief specified by the client, and the files have been presented to the client.

The remaining fifty (50) percent of the project quotation total will be due upon the completion of the work and before the upload to the server or release of materials, regardless of any further revisions or amendments.

Source Files

We will provide proofs and PDF files suitable for printing or other graphic files as specified in the job scope or upon request. Please note that the charges for design work do not include the release of our copyright design source files, such as CDR or other source files, or raw code.

Should the Client need these files for transfer to in-house or other designers, their release will be subject to a separate quotation or ‘buy-out’ charge.

Charges for Other Services

Any additional services requested during the project, exceeding the estimated time or falling outside the project scope, will be subject to full payment (100% of the quoted amount) upon acceptance of the estimate or quotation.


Payments may be made by online EFT, Yoco, PayFast, credit card (Visa, MasterCard) or Debit Card.


An account will be deemed in default if it remains unpaid for 30 days from the invoice date. In such cases, Leigh Hawthorn Designs reserves the right to remove all materials belonging to Leigh Hawthorn Designs and/or the customer from any computer systems until the outstanding amount is settled. This includes unpaid fees for various services such as hosting, domain registration, search engine submissions, design, maintenance, subcontractors, printing, photography, and libraries.

The removal of these materials does not absolve the customer of their responsibility to settle the outstanding amount. Customers with defaulted accounts agree to cover all reasonable legal and accounting expenses incurred by Leigh Hawthorn Designs, including third-party collection agency fees, for the recovery of the debt as per these Terms and Conditions.

Copyrights and Trademarks

By providing text, images, and other data to Leigh Hawthorn Designs for inclusion in the customer’s website or other mediums, the customer affirms that it possesses the appropriate copyright and/or trademark permissions for these materials. The ownership of such supplied materials will remain with the customer or the rightful copyright or trademark owner.

Any software, code, plugin, or other third-party material utilized in a web or digital project remains the property of its creator. The client assumes responsibility for any ongoing license fees or charges for upgrades related to such materials, not Leigh Hawthorn Designs.

Through the supply of images, text, or any other data to Leigh Hawthorn Designs, the customer grants permission for Leigh Hawthorn Designs to use these materials freely in the pursuit of the design. The customer also agrees to fully indemnify and hold Leigh Hawthorn Designs harmless from any claims resulting from the customer’s failure to obtain the required copyright and/or necessary permissions.


The customer acknowledges that modifications exceeding the estimated work, extending beyond the agreed scope, or arising from alterations to the provided content, or required after the acceptance of the draft design, will incur additional charges.

Additionally, the customer agrees that Leigh Hawthorn Designs bears no responsibility for modifications made by any third party, either before or after the publication of the design.


Any design, copywriting, drawing, idea, or code created for the customer by Leigh Hawthorn Designs or its contractors is licensed for one-time use by the client. It may not be altered, reused, or distributed without the express written consent of Leigh Hawthorn Designs and its relevant subcontractors.

For any design work where there is a potential risk of third-party claims, the client is responsible for registering it with the appropriate authorities before publishing or initial use. Seeking legal advice and conducting necessary searches regarding its usage is advised.

Leigh Hawthorn Designs bears no responsibility for damages resulting from such claims. Additionally, Leigh Hawthorn Designs is not liable for any loss, consequential loss, or non-delivery of products or services, regardless of the cause. The customer agrees not to hold Leigh Hawthorn Designs accountable for such losses or damages. Any claims against Leigh Hawthorn Designs are limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to adhere to Leigh Hawthorn Designs’ defined acceptable methods for supplying data to the company. Text should be provided in electronic format as standard text (.txt) or in MS Word (.docx) format on CD, via email, FTP, or shared folder. Images should be supplied in an electronic format as specified by Leigh Hawthorn Designs, either via CD-ROM, email, or FTP. These images should be of sufficient quality for use without further image processing. Leigh Hawthorn Designs cannot be held accountable for any image quality later deemed unacceptable by the client.

Leigh Hawthorn Designs holds no responsibility for the quality of images scanned from printed materials requested by the client. Additional expenses may be incurred for necessary actions, such as photography and art direction, photography searches, media conversion, digital image processing, data entry services, as well as color correction and image alterations.

Design Project Duration

Any timeline provided by Leigh Hawthorn Designs for the duration of a design project should be considered an estimate. Leigh Hawthorn Designs cannot be held accountable for any project delays, regardless of the cause. The estimated project duration begins either from the date that cleared funds are received by Leigh Hawthorn Designs for the initial payment or as confirmed in writing by Leigh Hawthorn Designs.

Rights of Access for Website Construction

The client agrees to grant Leigh Hawthorn Designs all essential access to computer systems and other pertinent locations necessary for the completion of a website project. This includes providing necessary read/write permissions, usernames, and passwords until all outstanding funds are cleared.

Furthermore, the customer agrees to provide Leigh Hawthorn Designs access to any computer systems, usernames, and passwords necessary for data removal or site deactivation in case of failure to comply with these Terms and Conditions.

The client also commits to supplying Leigh Hawthorn Designs with all required materials, whether electronic or otherwise, in a timely manner for the creation and completion of the project.

Website design only

Leigh Hawthorn Designs requires customer approval of a template before the commencement of site coding. Once the customer approves the website template(s), coding will begin. Any alterations to navigation items, colors, structure, or content that necessitate changes to the template will result in additional charges.

Upon completion of the web design, Leigh Hawthorn Designs will offer the client the chance to review the work and provide website login details. Within a 30-day review period, Leigh Hawthorn Designs will accommodate one set of minor changes at no extra cost. Minor changes include small textual adjustments and slight page item modifications but exclude alterations to images, color schemes, or navigation features. Clients may communicate minor changes via email.

In cases where a client or an assigned operator, not affiliated with Leigh Hawthorn Designs, modifies or edits a website developed or altered by Leigh Hawthorn Designs, the client may incur additional charges should these modifications render the website dysfunctional and necessitate repairs by Leigh Hawthorn Designs.

Monthly Website Design Packages

Please note that our monthly website design packages operate on a month-to-month basis. In the event of cancellation before the completion of 12 months, clients will be responsible for the outstanding balance for the remaining term.

Upon cancellation after the initial 12-month period, a buyout option will be available. It’s important to highlight that once the subscription is canceled, all content and domain names associated with the website will not be transferred to the client.

Design Credits

The client agrees to permit Leigh Hawthorn Designs to include a small credit, such as a logo or text line, on printed materials, exhibition displays, advertisements, or a link to Leigh Hawthorn Designs’ website on the customer’s website. Typically, this credit will be positioned towards the bottom of the page.

Additionally, the customer agrees to authorize Leigh Hawthorn Designs to showcase websites and other designs, accompanied by a link to the client’s site, on Leigh Hawthorn Designs’ website for demonstration purposes. Leigh Hawthorn Designs may also use these designs in its own publicity and portfolios.

Rights of Refusal

Leigh Hawthorn Designs retains the right to decline a project or client. We will not incorporate in our designs any text, images, or data deemed immoral, offensive, obscene, or illegal. All advertising material must adhere to the standards set by relevant advertising authorities. Additionally, Leigh Hawthorn Designs reserves the right to reject submitted material without providing a specific reason.

In situations where any images or data included by Leigh Hawthorn Designs are later discovered to contravene these Terms and Conditions, the customer is obligated to permit Leigh Hawthorn Designs to remove the offending material without obstruction or penalty. Leigh Hawthorn Designs cannot be held responsible for the inclusion of such data.


In the event of no communication or response from the client’s end for a period exceeding 30 days or longer, the project will be considered canceled without prior notice or intimation to the client. In such cases, no refund will be issued.


Leigh Hawthorn Designs does not provide any warranties, whether express or implied, for any products or services supplied. We shall not be held responsible for any damages arising from the use of our products or services. Additionally, Leigh Hawthorn Designs is not liable for any loss, consequential loss of data, non-delivery of products or services, or any other cause.

While we undertake reasonable investigations into recommended materials, we bear no responsibility for their performance or quality, or any consequential losses resulting from their failure. The client agrees not to hold Leigh Hawthorn Designs accountable for any such losses or damages. Any claims against Leigh Hawthorn Designs will be limited to the relevant fees paid by the client.

Leigh Hawthorn Designs reserves the right to engage subcontractors, agents, and suppliers, and any work, content, services, and usage are subject to their respective Terms and Conditions. We will not knowingly undertake any actions that contravene these Terms and Conditions, and the client agrees to be similarly bound.

Force Majeure

Leigh Hawthorn Designs will not be held accountable for any failure or delay in the supply or delivery of products/services caused wholly or partly by circumstances beyond our reasonable control. These circumstances include, but are not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions, transportation delays, fire, power outages, failures attributable to hosting suppliers, plant breakdowns, theft, vandalism, riots, civil commotions, accidents, or acts of terrorism.


These Terms and Conditions take precedence over any prior versions distributed in any format. Leigh Hawthorn Designs retains the right to modify rates and any aspect of these Terms and Conditions at any time and without prior notification.

Acceptance of Terms and Conditions and Quotation

By placing an order for design or any other services offered by Leigh Hawthorn Designs, whether via email, verbal agreement, or in writing, it is acknowledged as acceptance of these terms and conditions, which are readily accessible at www.LHawthorn.co.za.

An estimate validated by the customer’s signature on the estimate or quotation form, or by email, signifies acceptance of the estimate or quotation and the commitment to adhere to all the Terms and Conditions. This validation establishes a contractual agreement between the signatory and Leigh Hawthorn Designs.

Should you require further clarification or discussion regarding the aforementioned Terms and Conditions, please feel free to contact Leigh Hawthorn Designs via:

Telephone: 072 400 9211 (Available from 9 am to 5 pm only)

Email: designs@lhawthorn.co.za


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