Terms & Conditions

1. GENERAL

These Terms and Conditions (“T&C”) govern all services, agreements, transactions, website usage, and interactions between Fainom Publishers (“the Company”, “we”, “our”, “us”) and its clients, users, and customers (“you”, “the client”, “the author”, “the customer”, or “the user”).

By:

  • Accepting a quotation or invoice,
  • Purchasing a product,
  • Using our website or services, or
  • Engaging with any offering provided by Fainom Publishers,

you confirm that you have read, understood, and agreed to be bound by these T&C.

No variation, amendment, or waiver shall be binding unless expressly agreed to in writing by Fainom Publishers.

2. QUOTATIONS AND INVOICES

  1. Quotations are valid for ten (10) days unless otherwise stated.
  2. All quantities and costs are estimates and subject to adjustment upon final completion.
  3. Discounts apply only where explicitly stated.
  4. Printing, shipping, sample copies, courier fees, and third-party costs are excluded unless specified.
  5. All pricing excludes payment gateway fees, foreign exchange fluctuations, and applicable taxes or VAT.

3. PAYMENT TERMS

  1. Quotations under R2,000 require full upfront payment.
  2. Hosting, domains, and distribution services require full payment before commencement.
  3. All other services require a minimum non-refundable 50% deposit before work begins.
  4. The balance is payable prior to release of any:
    • Designs
    • Files
    • Printed materials
    • Websites
    • Distribution submissions
  5. Deposits are strictly non-refundable.
  6. In the event of late payment, Fainom Publishers reserves the right to:
    • Suspend services, hosting, or domains
    • Withhold deliverables
    • Apply a 5% monthly penalty on overdue balances

4. CANCELLATIONS AND REFUNDS

  1. Deposits are non-refundable under all circumstances.
  2. If work has commenced or been completed, the full balance remains payable.
  3. No refunds shall be issued for:
    • Completed work
    • Printing
    • Distribution services
    • Courier/shipping
    • Hosting or domain renewals
    • Third-party fees
  4. Once client approval is provided (including via email, WhatsApp, SMS, or payment), responsibility for errors transfers to the client.

5. ONLINE SHOP AND WEBSITE USAGE

  1. The Fainom Publishers website may display and sell books and products listed:
    • Directly by Fainom Publishers, and/or
    • Via third-party retailers and distribution partners
  2. By using the website, you agree:
    • Not to misuse, hack, or disrupt the platform
    • Not to submit false or misleading information
    • Not to engage in fraudulent or unlawful activity
  3. All content on the website is provided for informational and commercial purposes and may be updated or removed without notice.
  4. Fainom Publishers does not guarantee:
    • Continuous website availability
    • Error-free listings
    • Accuracy of third-party product information

6. THIRD-PARTY SALES, ORDERS, AND REFUNDS

  1. Many products (including books) are fulfilled by third-party retailers, printers, or distributors.
  2. The client acknowledges that:
    • Fainom Publishers acts as an intermediary or listing platform in such cases
    • Orders may be processed, fulfilled, and shipped by third parties
  3. Accordingly:
    • All refunds, returns, exchanges, and disputes relating to such orders must be handled directly with the relevant third-party retailer
    • Fainom Publishers shall not be liable for:
      • Order errors
      • Stock availability
      • Delivery delays
      • Quality issues
      • Refund processing
  4. Third-party retailers may have their own:
    • Terms and conditions
    • Refund policies
    • Pricing structures

These shall take precedence over Fainom Publishers where applicable.

7. PRIVACY POLICY

  1. Fainom Publishers is committed to protecting user privacy.
  2. Personal data collected is used solely for:
    • Processing orders
    • Delivering services
    • Customer communication
  3. Data may be shared with:
    • Payment processors
    • Retailers
    • Couriers
    • Hosting providers

strictly for service fulfilment purposes.

  1. Personal data will not be sold or disclosed to unauthorised parties except where required by law.
  2. While reasonable security measures are implemented, Fainom Publishers cannot guarantee absolute security of online transmissions.

8. INTELLECTUAL PROPERTY AND COPYRIGHT

  1. Client-supplied content remains the property of the client.
  2. All designs, templates, systems, and proprietary work created by Fainom Publishers remain its intellectual property unless transferred in writing.
  3. Editable working files are not provided—only final deliverables.
  4. Clients indemnify Fainom Publishers against all intellectual property claims arising from supplied content.
  5. Fainom Publishers may use client work for portfolio and promotional purposes.

9. THIRD PARTIES, RETAILERS, AND COURIERS

  1. Fainom Publishers uses third parties including:
    • Printers
    • Distributors
    • Retailers
    • Payment processors
    • Couriers
  2. Fainom Publishers:
    • Has no control over these parties
    • Is not liable for their performance, delays, or errors
  3. All disputes relating to:
    • Deliveries
    • Damages
    • Shipping delays
    • Third-party charges

must be addressed directly with the relevant provider.

  1. The client remains liable for:
    • Shipping costs
    • Customs duties
    • VAT
    • Redelivery fees

10. HOSTING, DOMAINS, AND IT SERVICES

  1. Services are provided via third-party infrastructure.
  2. No guarantee is made regarding uptime or security.
  3. Clients are responsible for backing up all data.
  4. Additional fees may apply for:
    • Overuse
    • Expired domains/hosting recovery

11. PRINTING, DISTRIBUTION, AND PUBLISHING

  1. Services rely on third-party systems and retailers.
  2. Fainom Publishers is not liable for post-approval errors or delays.
  3. Retailers may enforce:
      • ISBN requirements
      • Tax/VAT obligations
      • Content acceptance standards
  4. Manuscript Finalisation:
    • Submitted manuscripts are considered final
    • Only minor edits allowed post-layout
    • Major revisions = new layout fee applies in full

12. DELIVERIES AND SHIPPING

  1. Deliveries are handled by third-party couriers.
  2. Delivery times are estimates only.
  3. Risk transfers to the client upon dispatch.
  4. Fainom Publishers is not liable for:
    • Loss
    • Damage
    • Delays
  5. Shipping insurance is the client’s responsibility.

13. ADMINISTRATION SERVICES

  1. Clients are responsible for storing delivered files.
  2. Files will be resent up to two times free of charge.
  3. Additional requests incur administrative fees.

14. LIABILITY AND INDEMNIFICATION

  1. Fainom Publishers shall not be liable for:
    • Indirect or consequential damages
    • Loss of profit or data
    • Reputational harm
  2. Clients indemnify Fainom Publishers against all claims arising from:
    • Content supplied
    • Third-party services
    • Legal or regulatory breaches

15. PROHIBITED ACTIVITIES

  1. Strictly prohibited:
    • Illegal or infringing content
    • Hate speech or pornography
    • System abuse or hacking
  2. Penalties include:
    • Immediate termination
    • Fees (e.g. R2,500/hour investigations)
    • Legal action

16. TERMINATION AND DEFAULT

  1. Fainom Publishers may terminate services for:
    • Non-payment
    • Breach of terms
    • Misuse
  2. All payments remain forfeited, and outstanding balances remain payable.

17. FORCE MAJEURE

  1. Fainom Publishers is not liable for events beyond its control, including:
    • Natural disasters
    • Strikes
    • Internet failures
    • Third-party disruptions

18. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa, with disputes subject to local courts.

19. ENTIRE AGREEMENT

This document constitutes the full agreement between the parties and overrides all prior agreements.