Terms &
Conditions

This Agreement applies to all creative and technical services rendered by PixelPlay Design Co, including but not limited to websites, web systems, automation workflows, brand identity, logo design, motion graphics, social media content, and any associated consulting or strategy work.

A project is formally initiated only upon receipt of a signed proposal or quote and the required deposit payment. Verbal commitments, emails, or WhatsApp messages expressing intent do not constitute a binding project commencement unless accompanied by payment.

2.1 — Non-Refundable Deposit
A deposit of 50% of the total project fee is required before any work commences. This deposit is strictly non-refundable under any circumstances, as it reserves the Studio's time, secures the project slot, and covers initial research, planning, and creative ideation.

2.2 — Final Payment
The remaining 50% balance is due upon project completion, before delivery of final files, source files, or website handover. Final deliverables will not be released until the account is paid in full.

2.3 — Payment Methods
Payments are accepted via EFT to the Studio's designated bank account, or any other method agreed to in writing prior to commencement. All invoices are due within 5 (five) business days of issue, unless otherwise agreed in writing.

2.4 — Late Payment
Invoices not settled within the agreed period will attract a late payment fee of 5% per month on the outstanding balance. The Studio reserves the right to pause or suspend all active work until overdue amounts are settled. Repeated late payment may result in termination of the project and forfeiture of all work produced.

3.1 — Ownership Retained Until Full Payment
All creative work, designs, code, concepts, and deliverables produced by PixelPlay Design Co remain the exclusive intellectual property of the Studio until full and final payment has been received. This includes all intermediate drafts, concepts, and variations produced during the project.

3.2 — Transfer of Ownership
Upon receipt of full payment, ownership of the final agreed deliverables transfers to the Client. Source files (e.g. Adobe Illustrator, Figma, After Effects project files) are not included in standard project fees unless explicitly quoted and agreed upon.

3.3 — Unauthorised Use
The Client may not reproduce, distribute, alter, publish, or use any deliverable — in whole or in part — prior to full payment being received. Any unauthorised use of unpaid-for work constitutes copyright infringement and will be pursued accordingly.

• Work shared on the Client's platforms before full payment is made remains the Studio's property and may be retracted.
• The Studio retains copyright over all rejected concepts and unused design directions — these may not be used or adapted by the Client.
• Third-party elements (fonts, stock images, plugins) are subject to their respective licences and are the Client's responsibility to licence for commercial use post-delivery.

4.1 — Included Revisions
Each project includes a set number of revision rounds as specified in the project quote or proposal. Standard projects include 2 (two) rounds of revisions per deliverable unless otherwise stated in writing.

A "revision round" is defined as a single consolidated set of feedback provided at one time. Multiple rounds of feedback submitted separately, or feedback submitted after the revision window has closed, constitute additional revision rounds and will be charged accordingly.

4.2 — Additional Revisions
Once the included revision rounds are exhausted, any further amendments, changes, or refinements will be billed at the Studio's current hourly rate of R950/hour (or as updated from time to time), rounded up to the nearest 30-minute increment. The Studio will notify the Client before proceeding with billable revisions.

4.3 — Scope Creep
Work requested beyond the originally agreed scope of work — including additional pages, features, formats, deliverables, or concepts not specified in the proposal — will be quoted separately and invoiced as an additional item. The Studio is under no obligation to deliver out-of-scope work without a revised and agreed quote.

• Changing the creative direction after approval of initial concepts constitutes a new project phase and will be quoted accordingly.
• Requests for "just a small change" after project sign-off may be billable depending on complexity.
• Approved deliverables re-opened for changes after sign-off are subject to hourly revision rates.

5.1 — Agreed Timelines
Project timelines are established at the outset and outlined in the proposal. These timelines are dependent on the Client providing feedback, content, and approvals within the agreed response windows. The Studio cannot be held responsible for delays caused by the Client's failure to respond or provide required materials in a timely manner.

5.2 — Client-Caused Delays
If the Client causes a delay of more than 14 (fourteen) calendar days at any stage — through non-response, delayed feedback, or failure to provide agreed content — the Studio reserves the right to:

• Re-schedule the project to a later date, subject to availability.
• Apply a project re-activation fee of up to 20% of the original project fee.
• Terminate the project and retain all deposits paid to date.

5.3 — Project Abandonment
If the Client becomes unresponsive for more than 30 (thirty) calendar days without communication, the project will be considered abandoned. The Studio will retain all monies paid, and any work produced will remain the property of the Studio until outstanding fees are settled.

6.1 — Remote-First Policy
PixelPlay Design Co operates primarily on a remote basis. All standard meetings, reviews, and presentations take place via video call (Google Meet, Zoom, or similar). This is included in project fees at no additional charge.

6.2 — Travel as Billable Consultation
Any request for the Studio to travel to the Client's premises, attend an in-person meeting, visit a shoot location, or participate in any event or function in person is classified as a billable consultation. Travel time and travel costs are charged as follows:

• Travel time is billed at the Studio's hourly consultation rate (portal to portal — from the Studio's location to the destination and back).
• Travel costs (fuel, tolls, parking, or public transport) are billed at cost and invoiced separately.
• Long-distance travel (outside a 50km radius) may require accommodation, which will be quoted in advance and invoiced to the Client.
• All travel must be agreed to and confirmed in writing prior to the visit. Unconfirmed or last-minute travel requests may be declined.

7.1 — Client Cancellation
The Client may cancel a project at any time by providing written notice. In the event of cancellation:

• The 50% deposit is non-refundable under any circumstances.
• If work has progressed beyond the 50% deposit stage, the Client will be invoiced for all work completed up to the point of cancellation, based on the Studio's hourly rate.
• No deliverables will be released until all outstanding amounts are settled in full.

7.2 — Studio-Initiated Termination
The Studio reserves the right to terminate a project if the Client breaches these Terms, behaves in an abusive or disrespectful manner, provides false information, or fails to make payment. In such cases, the Studio will retain all monies paid and is not obligated to deliver any work.

7.3 — No Refunds on Completed Work
Once a deliverable has been approved by the Client — whether explicitly or implicitly through continued use or inaction — no refund will be issued. Subjective dissatisfaction with design direction (after approving concepts) does not entitle the Client to a refund.

The success of any project depends on both parties fulfilling their obligations. The Client agrees to:

• Provide all required content, assets, copy, images, and brand materials in a timely manner as agreed.
• Provide a single, consolidated point of feedback per revision round — not multiple rounds of piecemeal notes.
• Ensure all feedback and approvals are provided by an authorised decision-maker within the Client's organisation.
• Ensure that any content, images, or copy provided to the Studio is legally owned or properly licensed by the Client. The Studio bears no liability for copyright infringement arising from Client-supplied materials.
• Review all deliverables thoroughly before providing approval. Approvals cannot easily be reversed once the next stage of the project commences.
• Communicate professionally and respectfully at all times. The Studio reserves the right to terminate any working relationship in which the Client behaves in an abusive, threatening, or disrespectful manner, with no obligation to refund.

Both parties agree to keep each other's confidential business information private. The Studio will not share, sell, or disclose the Client's confidential business information to any third party without prior written consent.

Likewise, the Client agrees not to share the Studio's internal processes, pricing structures, or proprietary methods with any third party.

This confidentiality obligation does not apply to information that is publicly known, becomes public through no fault of the receiving party, or is required to be disclosed by law or court order.

PixelPlay Design Co reserves the right to display all completed work in its portfolio, on its website, on social media platforms (including Instagram, Behance, LinkedIn, and others), and in promotional materials, unless the Client explicitly requests confidentiality in writing prior to project commencement.

Credit will typically read: "Design by PixelPlay Design Co." The Client is welcome to tag or credit the Studio when sharing work on their own platforms — it is appreciated but not required.

Work produced under a non-disclosure agreement will not be published without the Client's explicit written approval.

The Studio will perform all work with reasonable care and professional skill. However, PixelPlay Design Co shall not be held liable for:

• Any indirect, consequential, or incidental losses arising from the use of deliverables (including loss of revenue, loss of data, or business interruption).
• Results or outcomes from the Client's use of delivered creative work, including marketing performance, sales results, or business outcomes.
• Technical failures of third-party platforms, hosting services, or software beyond the Studio's control.
• Delays caused by the Client, third-party suppliers, or circumstances beyond the Studio's reasonable control (force majeure).

The Studio's total liability under any circumstances is limited to the total fees paid by the Client for the specific project giving rise to the claim.

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 14 (fourteen) days of the dispute being raised in writing.

If negotiation fails, the parties agree to pursue mediation before resorting to litigation. Mediation costs shall be shared equally between the parties.

Should mediation fail, the matter may be referred to the appropriate South African court with jurisdiction, and the prevailing party shall be entitled to recover reasonable legal costs.

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the South African courts.

Where applicable, this Agreement is subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, and the Copyright Act 98 of 1978 (as amended).

PixelPlay Design Co reserves the right to update these Terms and Conditions at any time. Updated terms will be published on the Studio's website and will apply to all new projects initiated after the update date. Existing projects in progress will be subject to the terms in place at the time of project commencement.

These Terms and Conditions, together with any project proposal or quote, constitute the entire agreement between the parties and supersede all prior discussions, representations, or understandings — whether oral or written.

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

By paying a deposit, signing a proposal, or instructing PixelPlay Design Co to begin work — in writing or verbally — you confirm that you have read, understood, and accepted all terms outlined in this document.

If you have any questions about these terms before committing to a project, please reach out before proceeding.