Cut for You Design Agreement
Version: WWC-CDA v2.0
Applies to: every file, drawing or design uploaded to, or sent for, Wow We® Cut for You.
1. Parties
1.1 Wow We (Pty) Ltd, registration number 2022/388197/07, trading as Wow We® Cut for You ("Wow We", "we", "us").
1.2 The person or business placing the quote or order ("the Client", "you"). If you accept on behalf of a company, school or other organisation, you confirm you are authorised to bind it.
2. Definitions
2.1 "Design" means any file, drawing, sketch, vector, CAD model (DXF, SVG, AI, EPS, PDF, DWG, STEP or other format), image, text, logo, dimensions, specifications and notes that you upload or send to us, and any part or product made from them.
2.2 "Confidential Information" means the Designs and all non-public information about your project, plus all non-public information about Wow We's pricing rules, processes and systems that you see while using the service.
2.3 "Order" means a specific quote or order you place through the service.
2.4 "Partner" means a vetted cutting, bending or finishing company that we use to make all or part of an Order.
3. You own your Designs
3.1 Your Designs stay your exclusive property at all times. Uploading a Design, getting a quote or placing an Order does not transfer, assign or share any copyright, design right, trade mark or other intellectual property to Wow We.
3.2 Nothing in this agreement gives Wow We any right to your Designs except the limited licence in clause 4.
4. Limited licence to Wow We
4.1 You give Wow We a limited, non-exclusive, non-transferable, royalty-free licence to use your Design only to: (a) check the file, calculate a price and give you a quote; (b) make, finish, pack and deliver the parts in your Order; (c) remake or fix parts for that Order (for example after courier damage or a dispute); and (d) store the Design as a saved design if, and only if, you choose that option (clause 8).
4.2 The licence ends automatically when the file is deleted under clause 7, or when you delete a saved design.
5. What Wow We will not do
5.1 Without your prior written consent (email is enough), Wow We will not: (a) copy, reproduce or adapt your Design except as needed for clause 4; (b) share, disclose, sell, license or give your Design to anyone except under clause 6; (c) make extra parts for ourselves or anyone else; (d) reuse your Design or any recognisable part of it in our own products, templates or kits; (e) show your Design or parts made from it in marketing, social media, a portfolio, case studies, trade shows or any public place; or (f) use your Design to train software or AI models.
5.2 We will protect your Confidential Information with at least the care we use for our own confidential information, and never less than reasonable care.
6. Who can see your Design
6.1 Access is limited to Wow We staff, contractors and Partners who need it to quote, check, make, finish or deliver your Order ("need to know").
6.2 Every such person or Partner is bound by written confidentiality duties at least as strict as this agreement. Wow We remains responsible to you for their compliance.
6.3 Courier companies receive only delivery information and a sealed parcel, never your files.
7. Retention and deletion
7.1 Unless you chose to save the Design (clause 8), we delete your Design files from our systems and machines 30 days after delivery or collection of the Order. We keep them for those 30 days only so that we can deal with re-cuts, damage claims or disputes.
7.2 Quotes that do not become Orders are deleted 30 days after the quote date.
7.3 Deleted files may remain in encrypted backups for up to a further 35 days until the backups expire. They are not used during that time.
7.4 We keep order records (invoice, order details, a small preview image and the record of your acceptance of this agreement) for 5 years, as required by South African tax law. These records do not include your full Design file.
7.5 You can ask us to delete your Design earlier, by email. If parts are still in production, we will confirm what can be deleted and when.
8. Saved designs (only if you opt in)
8.1 If you tick "Save this design for future orders", we store the Design and its settings (material, thickness, finishing, quantity and notes) under a unique design number (for example WWC-D-000123) so that you can reorder it.
8.2 Saved designs remain your property and remain Confidential Information. We only use them to quote and make Orders that you place.
8.3 You can delete a saved design at any time from your account or by email. It is then deleted under clause 7.
8.4 We may delete a saved design that has not been ordered for 24 months, after giving you 30 days' notice by email.
9. Personal information (POPIA)
9.1 We process your personal information (such as name, email, cell number, addresses and IP address) in line with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy, only to provide the service, invoice you, deliver your parts, keep required records and, if you opt in, send you marketing.
9.2 We use reasonable technical and organisational security measures, including encrypted storage and transfer and access controls. If we become aware of a security compromise affecting your information, we will notify you and the Information Regulator as POPIA requires.
9.3 You may ask to access, correct or delete your personal information, or object to processing, by contacting our Information Officer at the address on our website.
10. Your promises (warranties)
10.1 You confirm that: (a) you own the Design or have all the rights and permissions needed to have it made; (b) making the parts will not infringe anyone's copyright, design, trade mark, patent or other rights; and (c) the Design and parts are not unlawful.
10.2 You indemnify Wow We against claims, losses and reasonable legal costs arising from a breach of clause 10.1.
10.3 We may refuse or cancel an Order (with a refund of amounts paid for work not yet done) if we reasonably believe it infringes someone's rights or is unlawful.
11. Your confidentiality duties (mutual)
11.1 You agree to keep Wow We's non-public information, such as internal pricing rules, file-check feedback and process details that we share with you, confidential and to use it only for your Orders.
12. Exceptions
12.1 Confidentiality duties do not apply to information that: (a) is or becomes public other than through a breach of this agreement; (b) the receiving party already lawfully had without a confidentiality duty; or (c) is independently developed without using the other party's Confidential Information.
12.2 A party may disclose Confidential Information if a law, court order or regulator requires it, provided it (where lawful) gives the other party prompt notice and discloses only what is required.
13. Breach and remedies
13.1 Each party may seek an urgent interdict (court order) to stop a breach, in addition to any other legal remedy.
13.2 Nothing in this agreement limits liability for wilful misconduct, fraud or intentional disclosure.
14. Duration
14.1 This agreement starts when you accept it and applies to every Design you send to us. The confidentiality duties continue for 5 years after the last Order or deletion of the last saved design, and for as long as the information remains confidential in the case of Designs.
15. Electronic acceptance
15.1 You accept this agreement by ticking the acceptance box before uploading. Under the Electronic Communications and Transactions Act 25 of 2002 (including sections 11, 13 and 22), this electronic acceptance is legally valid and binding, in the same way as a signature on paper.
15.2 We record the date and time, your name and email address, your IP address, the file names and the version of this agreement you accepted. A PDF copy is attached to your order confirmation email, and you may ask for a copy at any time.
16. General
16.1 This agreement is governed by the laws of the Republic of South Africa. The South African courts have jurisdiction.
16.2 If any clause is found invalid, the rest of the agreement remains in force.
16.3 Changes to this agreement apply only to Designs uploaded after you accept the new version. The version you accepted continues to apply to earlier Designs.
16.4 If this agreement conflicts with our general Terms and Conditions about your Designs or confidentiality, this agreement prevails.
16.5 Nothing in this agreement limits your rights under the Consumer Protection Act 68 of 2008, where that Act applies.
Wow We® Cut for You is operated by Wow We (Pty) Ltd, registration number 2022/388197/07. Questions: sales@wowwe.co.za
