TERMS & CONDITIONS

1. Introduction

These Terms and Conditions govern the services and digital products provided by Bizar Studio (Pty) Ltd. (“Bizar Studio”, “we”, “us” or “our”), including web development, software development, branding, hosting, maintenance, automation, digital products and related technology services.

Certain services may also be subject to a project-specific proposal, quotation, service agreement or contract. Where project-specific terms apply, they must be read together with these Terms and Conditions.

2. Scope of Services

Bizar Studio provides professional digital and technology services, including:

• Website design and development
• Software and application development
• Branding and graphic design
• Hosting, domains, maintenance and website security
• Business automation and digital infrastructure
• Software, digital products, licences and add-ons
• Other related digital and technology services

The specific scope, deliverables, timelines and pricing applicable to a client project will be defined in the relevant proposal, quotation, invoice, service agreement or contract.

3. Payment Terms

Payment requirements, including deposits, commencement fees, milestone payments, subscriptions and final balances, will be specified in the applicable proposal, quotation, invoice, service agreement, contract or checkout.

Where a deposit or commencement payment is required, work will ordinarily commence once the required payment has been received.

Bizar Studio may suspend or withhold services where payments are overdue, subject to the applicable agreement and applicable law.

Refunds and cancellations are governed by Bizar Studio’s Refund & Cancellation Policy, any applicable project-specific agreement and applicable South African law.

Where work has commenced, services have been performed, resources have been allocated or authorised third-party costs have been incurred, the Client may remain responsible for those amounts in accordance with the applicable agreement and applicable law.

4. Additional Costs and Adjustments

• The Client will be informed of additional charges where:

  • the Client requests work outside the agreed project scope;
  • additional revisions or functionality are requested;
  • authorised third-party products or services are required; or
  • unforeseen requirements materially affect the agreed scope or cost of delivery.

  Where reasonably practicable, additional charges will be communicated to the Client for approval before the additional work or expense is incurred.

  Third-party expenses, including hosting, domains, printing, licensed software, stock assets or external services, may be charged separately where applicable.

  Bizar Studio may suspend work affected by an unpaid approved additional charge until payment is received.

5. Client Responsibilities

• Provide accurate and complete project requirements.
• Supply necessary content, access credentials, and approvals in a timely manner.
• Review deliverables within agreed deadlines and provide feedback.
• Ensure all materials provided (e.g., logos, images, text) do not infringe the intellectual property rights of third parties.
• Project timelines are contingent upon the Client providing necessary materials and feedback on time. Bizar Studio shall not be liable for delays resulting from late Client input, and such delays may incur additional charges.

6. Intellectual Property Rights

• All intellectual property (designs, code, graphics, branding) remains the property of Bizar Studio until full payment is received.
• Once payment is settled in full, rights in final deliverables are assigned to the Client, excluding:
  • Third-party components (e.g., plugins, stock images, fonts, or open-source software).
  • Pre-existing proprietary tools or frameworks developed by Bizar Studio.
• Bizar Studio retains the right to showcase completed projects in its portfolio, website, social media, and presentations unless otherwise agreed in writing.
  
  

Bizar Studio’s proprietary software, platforms, frameworks, systems, tools, templates and underlying technology, including Bizar Onboarding, remain the intellectual property of Bizar Studio unless expressly transferred under a separate written agreement. The purchase or use of such products may grant the Client a licence to use the product but does not transfer ownership of the underlying intellectual property.

7. Confidentiality and Data Protection

• Bizar Studio will treat all Client information as confidential and will not disclose it without written consent, unless required by law.
• The Client is responsible for ensuring that any personal data provided complies with the Protection of Personal Information Act (POPIA).
• Bizar Studio will take reasonable technical and organisational measures to secure client data but cannot guarantee absolute security.

8. Website Security and Limitations

• While Bizar Studio implements industry-standard security practices, we cannot guarantee that websites will be completely free of vulnerabilities or immune to cyberattacks.
• The Client is responsible for ongoing monitoring, updates, and hosting environment security unless covered under a paid maintenance plan.
• Bizar Studio is not liable for losses arising from third-party hosting, plugin vulnerabilities, or external security breaches.

9. Revisions, Changes, and Additional Work

• Each project includes a defined number of revisions, as set out in the project proposal.
• Additional revisions, new functionality, or scope changes requested by the Client will be treated as additional work and invoiced separately at Bizar Studio’s prevailing hourly or project rate.
• Changes requested after final approval and delivery are considered new work.

10. Limitation of Liability and Indemnity

• Bizar Studio shall not be liable for any indirect, incidental, or consequential damages arising from the use of its services.
• Under no circumstances shall Bizar Studio’s liability exceed the total amount actually paid by the Client for the specific project giving rise to the claim.
• The Client indemnifies Bizar Studio against any claims, damages, or expenses resulting from:
  • Use of materials supplied by the Client.
  • Breach of these Terms by the Client.
  • Third-party claims relating to intellectual property or data protection.

11. Termination and Cancellation

Either party may terminate a project in accordance with the notice requirements specified in the applicable project agreement. Where no specific notice period has been agreed, either party may provide reasonable written notice.

Upon termination, the Client remains responsible for amounts properly due for work completed, services rendered and authorised costs incurred up to the effective termination date.

Refund eligibility, where applicable, will be determined in accordance with Bizar Studio’s Refund & Cancellation Policy, the applicable project agreement and applicable South African law.

Bizar Studio may suspend or terminate services where the Client materially breaches these Terms, the applicable project agreement, or fails to settle outstanding payments after reasonable notice.

12. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the Republic of South Africa.
• Any disputes shall be resolved through good-faith negotiation.
• If unresolved, disputes will be referred to arbitration in Johannesburg under the Arbitration Foundation of Southern Africa (AFSA) rules.
• The decision of the arbitrator shall be final and binding.

13. Amendments

Bizar Studio may update these Terms and Conditions at any time. Changes will be effective upon publication on our website. Clients will be notified of material changes before new projects commence.

14. Acceptance

By engaging Bizar Studio’s services, signing a project-specific agreement, accepting a proposal or quotation, or completing an applicable purchase through Bizar Onboarding, the Client acknowledges and agrees to the applicable Terms and Conditions.

Where a transaction is completed electronically, the Client may be required to acknowledge the applicable Terms and Conditions and Refund & Cancellation Policy before completing payment.

15. Online Payments and Bizar Onboarding

Bizar Studio may provide clients with access to its proprietary client management, project management and billing platform, Bizar Onboarding.

Payments made through Bizar Studio or Bizar Onboarding are for services, products, subscriptions or other amounts supplied or invoiced directly by Bizar Studio.

Bizar Studio does not use its merchant payment facilities to process payments on behalf of unrelated third-party businesses or merchants.

Electronic payments may be processed by authorised third-party payment service providers. Bizar Studio does not directly store or process customers’ complete card information where payment information is handled by the applicable payment service provider.

For project-based services, the applicable project agreement or contract may establish additional payment, cancellation and project-specific terms.

Purchases of software, licences, add-ons or other digital products through Bizar Onboarding may also be subject to product-specific terms presented at the time of purchase.

Contact:

Bizar Studio (Pty) Ltd.
Email: support@bizar.co.za