Terms of service
[Last Updated: 18 February 2021]
These Terms of Service (together with the rest of our Agreement) govern our relationship with you.They include:
- the duration of our Agreement;
- Payments to be made to Design Hero;
- when Design Hero is authorised to monitor communications and content;
- the appropriate and reasonable measures Design Hero takes to protect the security of your data and our systems;
- when Design Hero is authorised to suspend or terminate your services; and
- the process followed when resolving disputes.
Term of Service
Our agreement governs the contractual relationship between us. Unless expressly provided to the contrary in our agreement, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest):
- the Specific Terms;
- these Terms of Service;
- the Acceptable Use Policy;
- other policies that we may introduce from time to time, which we will notify you of;
- any documents incorporated by reference in our Agreement.
Design Hero reserves the right to make changes to the Policy at any time without notice. An updated version of the Policy will be posted on this website.
- The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
- If a person enters into our Agreement:
- in a representative capacity on behalf of a Customer who is an incorporated entity;
- on behalf of an unincorporated entity; or
- in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies Design Hero against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to Design Hero at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
- We reserve the right to treat all misrepresentations by you or the person representing you as fraud. The person representing you indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
- If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end our Agreement or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
- When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for our Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
- If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
- You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give Design Hero independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.