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TERMS & CONDITIONS

Bizar Studio (Pty) Ltd.

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1. Introduction

Welcome to Bizar Studio (Pty) Ltd. (“Bizar Studio,” “we,” “us,” or “our”). These Terms and Conditions govern the use of our services, including but not limited to web development, graphic design, brand identity services, and website security.
By engaging our services, you (“the Client”) agree to be bound by these Terms and Conditions. If you do not agree, you should not use our services.

2. Scope of Services

Bizar Studio provides professional digital and creative solutions, including:

• Web Development: custom websites, e-commerce, content management systems, and web applications.
• Graphic Design: design assets for digital and print use.
• Brand Identity Services: logo design, brand strategy, and corporate identity materials.
• Website Security and Maintenance: updates, backups, monitoring, and security enhancements.

Specific deliverables will be defined in the project proposal, quotation, or invoice.

3. Payment Terms

• A deposit, as specified in the project proposal or invoice, is required prior to commencement of work.
• The balance is payable upon completion of the project, prior to delivery of final assets or transfer of ownership rights.
• Late payments may incur interest at a rate of 2% per month, calculated daily, until payment is received in full.
• Bizar Studio reserves the right to suspend or withhold services if payments are overdue.
• Deposits are strictly non-refundable unless explicitly agreed otherwise in writing.
• No refunds shall be issued for partially completed work or services already rendered, irrespective of project stage.

4. Additional Costs and Adjustments

• Bizar Studio reserves the right to request additional payment from the Client in cases where the originally quoted or invoiced amount proves insufficient to fully cover the costs of services or branding items purchased, including but not limited to digital assets, printed materials, design services, web development, or other creative deliverables.
• This includes situations where unforeseen expenses arise, project requirements change, client-requested revisions occur, or the initial quote did not accurately reflect the actual costs of materials, third-party services, or other items required to deliver the purchased services or branding items.
• Notwithstanding any previously issued quotes, invoices, or payments made, the Client agrees that additional payments requested by Bizar Studio are required for the delivery of the full scope of the purchased services or branding items.
• Delivery of any services, branding items, or final deliverables is expressly conditional upon full settlement of all outstanding additional costs.
• Third-party expenses such as hosting, printing, stock imagery, or licensed software are the sole responsibility of the Client and must be reimbursed to Bizar Studio prior to the release of the related deliverables.
• Failure to pay any requested additional costs may result in suspension or withholding of deliverables until full payment is received.
• Bizar Studio shall not be liable for any delays, loss, or damages resulting from the Client’s refusal or delay in paying additional costs.
• Any disputes regarding additional costs will be resolved in accordance with the Governing Law and Dispute Resolution clauses outlined in these Terms and Conditions.

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.

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 with 14 days’ written notice.
• In the event of termination:
  • The Client must pay for all work completed up to the termination date.
  • Deposits are non-refundable.
  • No refunds shall be issued for partially completed work or services already rendered.
• Bizar Studio may cancel services immediately if:
  • The Client breaches these Terms.
  • Payments remain outstanding after 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 our services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

Contact:

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