TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) govern all quotations, projects, transactions, and services provided by HerpetoHabitats (“the Company”) to the client (“the Client”). By making any payment to HerpetoHabitats, whether as a deposit or full amount, the Client irrevocably agrees that they have read, understood and except all the terms and conditions as listed, and to be bound by this Agreement in its entirety.

 

 1. PAYMENT TERMS

 

1.1 Projects Valued Below R10,000

1.1.1 Full payment is required prior to commencement of any project.

1.1.2 A 70% deposit arrangement may be requested in writing only and is subject to approval at the sole and absolute discretion of HerpetoHabitats.

1.1.3 HerpetoHabitats reserves the right to deny any deposit request without explanation.

1.1.4 No work shall commence until full payment has been received, unless a deposit arrangement has been expressly approved in writing.

 

1.2 Projects Valued Above R10,000

 

1.2.1 A 70% deposit may apply, prior to commencement.

1.2.2 The remaining balance is payable midway through the project, as determined by HerpetoHabitats.

1.2.3 Failure to make the required payment constitutes material breach of this Agreement.

 

 1.3 Non-Payment and Termination

 

1.3.1 If payment is not received by the agreed date, all work shall be immediately suspended.

1.3.2 If full payment is not received within 7 days upon project completion, HerpetoHabitats reserves the right to:

 

* Terminate this Agreement immediately;

* Sell the project to a third party; and

* Refund the Client up to 60% of Total fees paid, only if and when the project is successfully sold.

  1.3.3 No refund shall be due if the project is not sold.

 

 

 2. DEPOSITS AND REFUNDS

 

2.1 All deposits are strictly non-refundable, except where the project is resold by HerpetoHabitats.

2.2 Refunds, where applicable, shall not exceed 60% of total fees paid.

2.3 No refunds will be issued for:

 

* Change of mind;

* Client dissatisfaction after completion;

* Delays caused by drying time, weather, or external factors;

* Failure by the Client to comply with instructions or payment terms.

 

 

3. PROJECT TIMEFRAMES

 

3.1 Estimated completion times are as follows:

 

* Standard projects: 6–12 weeks

* Large or complex projects: up to 14-16 weeks or longer

 

3.2 All timelines are estimates only and are not guaranteed.

3.3 Drying and curing times are influenced by weather, humidity, and environmental conditions.

3.4 Delays shall not constitute breach of contract or grounds for refund.

 

 

4. DESIGN AUTHORITY AND CREATIVE DISCRETION

 

4.1 All projects are designed and executed solely at the creative discretion and professional judgment of HerpetoHabitats, based on its experience, expertise, and established construction methods.

 

4.2 The Client acknowledges and agrees that:

 

* No design drafts, mock-ups, previews, or approvals are required or provided;

* The Client shall receive the final completed product only; and

* Acceptance of the final product is mandatory and not subject to personal preference or subjective opinion.

 

4.3 By entering into this Agreement, the Client waives all rights to:

 

* Approve, reject, or request alterations to the design;

* Claim dissatisfaction based on aesthetic, artistic, or stylistic grounds.

 

4.4 Where a Client submits a specific request relating to a theme, style, or general layout:

 

* Such requests shall be treated as guidelines only;

* HerpetoHabitats will attempt to accommodate such requests to the best of its ability;

* No guarantee is given that any requested theme, layout, or concept will be achieved or replicated.

 

4.5 Variations between the Client’s expectations and the final product do not constitute defect, breach, or grounds for refund, cancellation, or modification.

 

4.6 HerpetoHabitats reserves the right to modify, adapt, or deviate from any requested theme or layout where necessary.

 

 

 5. SAFETY, LIABILITY, AND ANIMAL WELFARE

 

5.1 While HerpetoHabitats uses products deemed “safe” by the manufacturer and to the best of HerpetoHabitat’s knowledge, all habitats are used at the Client’s own risk.

5.2 HerpetoHabitats shall not be liable for any injury, illness, loss, or death of any animal housed in the habitat, after construction.

5.3 Written care and usage instructions are provided to the client.

5.4 Failure to follow instructions fully releases HerpetoHabitats from all liability.

 

 

6. CHILD SAFETY DISCLAIMER

 

6.1 All habitats are not suitable for children under the age of 12–14 years.

6.2 HerpetoHabitats accepts no responsibility for injury, misuse, or damages involving children.

 

 

 7. RETURNS, EXCHANGES, AND CANCELLATIONS

 

7.1 Due to health, hygiene, and safety regulations, no returns or exchanges are accepted under any circumstances.

7.2 All sales are final.

7.3 Project cancellations by the Client do not entitle the Client to any refund.

 

 

 8. MAINTENANCE AND REPAIRS

 

8.1 Ongoing maintenance, repairs, and care are the sole responsibility of the Client.

8.2 HerpetoHabitats is not responsible for damage caused by neglect, improper use, environmental exposure, or unauthorized modifications and improper care.

 

 

 9. CLIENT-SUPPLIED MATERIALS

 

9.1 HerpetoHabitats accepts no liability for defects, failures, or delays caused by materials supplied by the Client.

9.2 Any resulting damage, delays, or rework shall be charged to the Client.

 

 

 10. STORAGE AND COLLECTION

 

10.1 Completed projects must be collected or accepted within 7 days of completion.

10.2 HerpetoHabitats reserves the right to charge storage fees up to R50 per day, or resell uncollected projects after reasonable notice.

 

 

11. INTELLECTUAL PROPERTY

 

11.1 All designs, construction methods, techniques, and concepts remain the exclusive intellectual property of HerpetoHabitats.

11.2 No reproduction, replication, or commercial use is permitted without prior written consent.

 

 

12. PHOTOGRAPHY AND MARKETING

 

12.1 HerpetoHabitats may photograph or record completed projects for portfolio, marketing, or social media purposes. The clients identity will not be revealed, and privacy will be respected at all times

 

 

13. FORCE MAJEURE

 

13.1 HerpetoHabitats shall not be liable for delays, damage, or failure caused by events beyond its control, including but not limited to acts of God, natural disasters, fire, flood, theft, or the death or permanent incapacity of the creator of HerpetoHabitats.

13.2 No refunds shall be issued for unfinished projects resulting from such events.

 

 14. LIMITATION OF LIABILITY

 

14.1 To the fullest extent permitted by law, HerpetoHabitats’ liability is limited to the amount actually paid by the Client.

14.2 Under no circumstances shall HerpetoHabitats be liable for indirect, incidental, or consequential damages.

 

 

15. GOVERNING LAW AND JURISDICTION

 

15.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

15.2 The parties consent to the exclusive jurisdiction of South African courts.

 

 

16. SEVERABILITY

 

16.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain fully enforceable.

 

 

17. ENTIRE AGREEMENT

 

17.1 This document constitutes the entire agreement between the parties.

17.2 No verbal agreements, representations, or assurances shall have any force or effect.

 

 

18. ACCEPTANCE

 

18.1 Any Payment constitutes full, informed, and unconditional acceptance  of these Terms and Conditions.

18.2 Acceptance includes acceptance of all creative, artistic, and design decisions made solely by HerpetoHabitats.