Last Updated: 11 April 2025 These Terms & Conditions govern all interactions, transactions, and business engagements with HAMMER 360° in any capacity, including but not limited to service agreements, project work, communication, and usage of proprietary content.  

1. Scope of Terms

1. These Terms apply to any individual, business, or organization (“Client”) that engages HAMMER 360° for professional services or refers to HAMMER 360° for any business-related matters.
2. The Client’s use of any deliverable or intellectual property provided by HAMMER 360° constitutes acceptance of these Terms & Conditions.
3. Should any specific agreement or contract be signed between HAMMER 360° and the Client, these Terms will apply in conjunction with the signed agreement, unless explicitly overridden in writing.

 

2. No Refund Policy

1. No Refunds: HAMMER 360° maintains a strict no-refund policy on all services and projects once payment is received and work has commenced.
2. Credits & Resolution: In the event a Client is unsatisfied, we will endeavor to resolve any issues amicably. Where appropriate, a credit may be issued for future services.

 

3. Ownership of Creative Work

1. Intellectual Property: All creative work produced by HAMMER 360°—including but not limited to photography, videography, graphic design, website/app code, marketing collateral, sound recordings, visual media, and other digital assets—remains the exclusive property of HAMMER 360°, unless explicitly transferred in writing.
2. License of Use: Clients are granted a non-exclusive, non-transferable right to use the content for its intended business or organizational purpose.
3. Royalties & Reproduction: Unless otherwise specified, all royalties, reproduction rights, and licensing rights remain with HAMMER 360°. Unauthorized reproduction, distribution, or modification of our work is prohibited and may result in legal action.
4. Software Licenses: Any third-party software, tools, or plugins purchased by HAMMER 360° on behalf of the Client will remain the property of HAMMER 360°, licensed under HAMMER 360°. The Client is granted usage rights for the duration of the service agreement or as otherwise stipulated. These licenses are not transferable, and continued access may require an active service relationship with HAMMER 360°.

 

4. Payment Terms

1. Invoicing: All invoices are issued on the 25th of each month.
2. Due Date: Payments are due on the 1st day of the following month.
3. Late Payments: Any unpaid invoices may incur a 2% interest fee per month. HAMMER 360° reserves the right to pause or withhold further services if invoices are not settled by the due date.

 

5. Project Timelines

1. Estimated Deadlines: Project timelines are estimates only and may be adjusted due to complexity, client feedback, or unforeseen circumstances.
2. Client Cooperation: The Client’s timely feedback, provision of content, and approval processes are critical factors influencing project deadlines.

 

6. Confidentiality & POPI Act Compliance

1. Confidential Information: HAMMER 360° treats all client data, communication, and project details as confidential.
2. POPI Act & Data Usage: We uphold compliance with the Protection of Personal Information Act (POPI Act) when collecting, processing, and storing personal data. In addition:
   • Data Collection: We only gather information needed to deliver our services.
   • Data Usage: Personal data is used for project coordination, billing, internal record-keeping, and to contact clients with updates on new goods and services.
   • Data Storage: We implement secure methods to store and protect personal information.
   • Data Sharing: We do not share confidential data with third parties without consent, except where legally required.

 

7. Third-Party Service Providers & Unplanned Outages

1. Service Interruptions: HAMMER 360° may use hosting and infrastructure services provided by third parties, including Afrihost or others. We cannot guarantee uninterrupted availability of these services.
2. Liability: HAMMER 360° is not liable for unplanned outages, downtime, or performance issues arising from the failure of any third-party service provider to deliver their services.
3. Resolution Efforts: In the event of a service interruption, HAMMER 360° will work with the provider to restore service as soon as practicably possible. However, outages or downtime do not constitute grounds for a refund under our No Refund Policy.
4. Client Acknowledgment: By referencing these Terms, the Client acknowledges that certain aspects of our deliverables rely on external providers and that unplanned outages may occur beyond our control.

 

8. Limitation of Liability

1. No Liability for Indirect Damages: HAMMER 360° is not liable for any indirect, incidental, or consequential damages—such as loss of revenue or third-party claims—arising from the use of our services or products.
2. Maximum Liability: If any liability is established, it will be limited to the amount paid for the service in question, subject to the No Refund Policy in Section 2.

 

9. Modifications to These Terms

1. Right to Update: HAMMER 360° may modify or update these Terms & Conditions at any time.
2. Effective Date: Amendments take immediate effect upon being published on our official channels. Clients are advised to periodically review these Terms to stay informed of any changes.

 

10. External Links & References

1. Third-Party Links: References or links to external sites are provided for convenience only and do not constitute endorsement by HAMMER 360°.
2. No Liability: We are not responsible for the content, privacy policies, or practices of any third-party websites or resources.

 

11. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of South African courts.  

12. Contact Information

For any questions regarding these Terms & Conditions, or for more information about our services and policies, please reach us at:

• Email: jcdelport@hammer360.co.za
• Phone: 066 211 6660

 

13. Email Confidentiality

The content of any email sent from the @hammer360.co.za domain is confidential and intended solely for the specified recipient(s). It is strictly forbidden to share any part of this message with any third party without written consent from the sender. If you have received an email by mistake, please respond to the sender immediately and follow with its deletion to ensure that such a mistake does not occur in the future.   By referencing these Terms & Conditions for any business dealings or project collaborations, all parties acknowledge a clear understanding of the policies, rights, and obligations outlined above.