POST-DELIVERY AGREEMENT (WEB DEVELOPMENT)This Post-Delivery Agreement ("Agreement") is made and entered into as of the date of acceptance by the Client ("Effective Date"), by and between Bizar Design Studio (Pty) Ltd (Reg No: 2019 / 426823 / 07), a company duly registered in South Africa ("Developer"), and the undersigned party ("Client").
1. POST-DELIVERY SERVICES & RESPONSIBILITIES
1.1 Developer has successfully delivered the website and related services as per the initial development agreement. This Agreement governs the post-delivery phase, including:
1.2 Any modifications beyond the scope of this Agreement will require a separate contract and may incur additional charges.
2. PAYMENT TERMS
2.1 Final Payment: The Client agrees to settle any remaining balance before Developer hands over website credentials, files, and administrative access.
2.2 Late Payments: A 15% penalty will be charged for invoices not settled within 3 days of the due date.
2.3 Additional Work & Support:
2.4 Refunds: No refunds will be issued once the website has been delivered and approved by the Client.
3. POST-DELIVERY SUPPORT & CLIENT RESPONSIBILITIES
3.1 Developer will provide a 30-day support period post-launch to address any functionality issues directly related to the original project scope.
3.2 Support excludes:
3.3 After the 30-day support period, all maintenance, updates, or troubleshooting requests will be subject to an additional agreement.
4. INTELLECTUAL PROPERTY & USAGE RIGHTS
4.1 Upon full payment, the Client is granted a non-exclusive, royalty-free license to use the final website for business purposes.
4.2 Developer retains the right to:
4.3 The Client does not own any third-party plugins, stock images, fonts, or software licenses purchased on their behalf. Separate licensing fees may apply.
4.4 Credit & Attribution:
5. WARRANTIES & LIMITATION OF LIABILITY
5.1 Developer guarantees the website will function as intended for 30 days post-launch, provided no third-party changes have been made.
5.2 Developer is not responsible for:
5.3 Developer’s liability is limited to the total amount paid by the Client under this Agreement. Developer is not liable for indirect or consequential damages.
6. TERMINATION POLICY
6.1 Either party may terminate this Agreement in writing.
6.2 If the Client terminates the Agreement, no refunds will be issued for payments already made.
6.3 Developer reserves the right to terminate post-delivery support if the Client is unresponsive or fails to meet payment obligations.
7. CONFIDENTIALITY & DATA PROTECTION
7.1 Both parties agree to keep confidential any sensitive business, technical, or proprietary information shared during the project.
7.2 Developer follows industry-standard data protection practices but is not liable for external breaches beyond its control.
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Any disputes will first be resolved through good-faith negotiations.
8.2 If unresolved, disputes will be referred to binding arbitration in South Africa under applicable commercial arbitration rules.
8.3 This Agreement is governed by and interpreted in accordance with the laws of the Republic of South Africa.
9. MISCELLANEOUS PROVISIONS
9.1 This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.
9.2 Amendments or modifications must be in writing and signed by both parties.
9.3 If any part of this Agreement is found unenforceable, the remaining sections shall remain valid.
9.4 Developer may assign subcontractors to assist with project completion but remains responsible for overall service quality.
9.5 Force Majeure: Neither party shall be liable for delays or failures caused by events beyond reasonable control, such as natural disasters, internet failures, or governmental restrictions.
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