Apex Synergy

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Apex Synergy (PTY) Ltd, a limited liability company organized under the laws of South Africa (“Apex Synergy (PTY) Ltd”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Apex Synergy’s website: https:/apexsynergy.co.za (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Apex Synergy (PTY) Ltd shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Apex Synergy for services rendered shall remain and continue to be an ongoing obligation owed by Client to Apex Synergy.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Apex Synergy and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Apex Synergy and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the South Africa, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Apex Synergy’s express prior written permission. Apex Synergy reserves all rights in the Website, Content and Marks.


2. Ownership of Materials

Notwithstanding Apex Synergy’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Apex Synergy to become the owner of a Project, in whole or in part, rather than Client, Apex Synergy irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Apex Synergy as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Apex Synergy always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.


3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Apex Synergy and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Apex Synergy will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.So long as Apex Synergy has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.


4. User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.


5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Apex Synergy on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website;Engage in unauthorized framing or linking of the Website;Trick, defraud or mislead DesignJoy or other users;Interfere with, disrupt or create an undue burden on the Website or Apex Synergy’s networks or servers;Use the Website in an effort to compete with Apex Synergy;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of Apex Synergy’s employees, independent contractors or agents providing services through the Website;Delete the copyright or other rights notice from any Content;Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm Apex Synergy;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.


6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Apex Synergy and Apex Synergy is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Apex Synergy shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Apex Synergy for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.


7. Management and Oversite

Apex Synergy reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Apex Synergy further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Apex Synergy, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Apex Synergy and shall be designed to protect Apex Synergy rights and property.


8. Privacy Policy

By using the Website, you agree to be bound by and comply with this Privacy Policy, as well as the terms more specifically outlined herein and incorporated by reference. Please be aware that the Website is hosted in South Africa. Accessing the Website from the European Union, Asia, or other regions worldwide may subject you to laws, statutes, or regulations that differ from those of South Africa, governing the collection, use, or disclosure of personal data.

Your continued use of the Website and the transfer of data to South Africa explicitly signify your consent to the transfer and processing of data in South Africa. We are committed to safeguarding your privacy and adhering to data protection laws and regulations applicable to your region.

Age Restrictions: Apex Synergy does not knowingly collect or solicit information from individuals under the age of 18. In accordance with South African data protection laws and regulations related to minors, if we become aware that an individual under the age of 13 has provided personally identifiable information to Apex Synergy without parental consent, we will take prompt steps to delete that information.

Consent Mechanism: We value your privacy, and your consent to this Privacy Policy and our terms is of utmost importance. To provide explicit consent, please check the appropriate box or button during the registration or data collection process.

Data Deletion: If you or a parent/legal guardian wish to request the deletion of personal information pertaining to an individual under the age of 13, please contact us through the provided contact details, and we will promptly address your request.

Regular Updates: Please note that this Privacy Policy may be periodically updated or revised to reflect changes in applicable laws, technologies, or our business practices. It is your responsibility to review this policy regularly to stay informed of any changes.

For any questions or concerns regarding our Privacy Policy or data handling practices, please contact us through the information provided on our Contact Us page


9. Returns and Refunds

Apex Synergy reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Apex Synergy are ownership of the company and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 50% fee assigned to the remaining billable period.

Apex Synergy reserves the right to take appropriate legal actions against Client for breach of this paragraph.


10. Modification

Apex Synergy reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Apex Synergy reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Connection Interruptions

Apex Synergy does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Apex Synergy’s control. Client agrees that Apex Synergy shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.


12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of South Africa without regard to conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the state courts of [Name of County], South Africa, or in the South African District Court, as applicable. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and any relevant South African laws governing computer information transactions are excluded from these Terms of Use.

14. Disclaimer

The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Apex Synergy disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Apex Synergy makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Apex Synergy assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Apex Synergy’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Apex Synergy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.


15. Limitations of Liability and Indemnification

Apex Synergy and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless, Apex Synergy and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Apex Synergy reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Apex Synergy hereunder. Client agrees to cooperate with the defense of such claims.

16. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Apex Synergy shall have no liability to Client for any loss or corruption of any such data, and Client hereby waives any right of action against Apex Synergy from any such loss or corruption.

17. Electronic communications, transactions, and signatures

Client hereby consents to receive electronic communications from Apex Synergy, and Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Apex Synergy or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.


18. Showcasing Design Work

Apex Synergy reserves the right to share design work on digital channels, including social media, the website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Apex Synergy, which in turn would void the right of Apex Synergy to share or discuss Client’s work publicly.

19. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Apex Synergy. Failure of Apex Synergy to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between Client and Apex Synergy.

20. Contact Information

For any questions or complaints regarding the Website, please contact Apex Synergy at: info@apexsynergy.co.za.