TERMS & CONDITIONS

Acceptance of Terms

Please read these Terms and Conditions carefully before using or purchasing any of our services. By accepting a quotation, invoice, proposal, or engaging the services of M Studio, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Acceptance of any quotation, invoice, or proposal issued by M Studio constitutes acceptance of these Terms and Conditions, whether or not a separate signed agreement has been obtained.

 

Quotations

Where possible, M Studio will provide a detailed written quotation outlining the agreed scope of work, deliverables, pricing, specifications, and estimated project timelines.

All quotations are based on the agreed project scope. Any additions, alterations, omissions, or changes requested after acceptance shall constitute a project variation.

Unless otherwise stated, quotations include up to three (3) rounds of revisions. Additional revisions or changes beyond this allowance will be charged at M Studio’s hourly rate of R680.00 per hour.

Quotations are supplied electronically in PDF format and remain valid for 30 calendar days from the date of issue unless otherwise stated.

 

Fees, Invoicing and Payment

Unless otherwise agreed in writing, invoices are payable within 14 calendar days from the invoice date.

Payment due within 30 days of invoice date. A 5% penalty fee applies to overdue accounts after 30 days. Interest of 1.5% per month (18% p.a.) will be charged on overdue amounts until paid in full.

Projects are invoiced according to the accepted quotation.

Standard payment structure for branding, design, website, and digital projects:

  • 60% deposit payable before commencement
  • 40% balance payable upon project completion and prior to final delivery, website launch, or installation

M Studio reserves the right to withhold all deliverables, including artwork, source files, websites, and credentials, until full payment is received.

Deposits are non-refundable once work has commenced.

Where a project is suspended for more than two (2) months, or cancelled for reasons beyond M Studio’s control, all work completed to date becomes immediately payable.

Where a Client fails to provide required information, approvals, or communication for more than three (3) months, the project may be deemed abandoned. All payments made will be forfeited, and any further work will require a new quotation.

Accepted payment methods include EFT and approved online payment gateways.

Transaction fees may be added where applicable.

M Studio is currently not VAT registered. All prices are therefore quoted exclusive of VAT.

 

Client Responsibilities

The Client agrees to:

  • Provide all required content, assets, and approvals within agreed timeframes
  • Ensure all supplied materials are accurate, lawful, and do not infringe third-party rights
  • Review all proofs, mock-ups, and deliverables carefully before approval
  • Respond to communications within reasonable timeframes
  • Maintain backups of all delivered digital assets after project completion

Failure to comply may result in delays, additional costs, or revised timelines.

 

Project Variations

Any work outside the agreed scope will be treated as a project variation and billed accordingly.

Examples include, but are not limited to:

  • Additional pages or layouts
  • New functionality
  • Redesigns after approval
  • Additional concepts or revisions
  • Content changes after approval
  • Additional meetings beyond scope
  • New print specifications or website features

Approved variations are billed at R680.00 per hour, unless otherwise agreed in writing.

Where Client delays occur, M Studio reserves the right to apply a surcharge of up to 25% of the total project value for additional administration.

All approved third-party costs (including stock media, fonts, software, hosting, domains, printing, courier services, and advertising) remain payable by the Client.

 

Intellectual Property and Copyright

The Client warrants that all supplied materials are owned or properly licensed.

M Studio accepts no liability for copyright infringement arising from Client-supplied content.

All concepts, drafts, working files, and design processes remain the exclusive property of M Studio unless otherwise agreed in writing.

Ownership of final approved artwork transfers only upon full settlement of all outstanding invoices.

Editable source files are excluded unless specified in the quotation or purchased separately.

M Studio reserves the right to showcase completed work in its portfolio and marketing channels unless otherwise agreed.

 

Website Services

M Studio may configure third-party services including hosting, domains, analytics, SEO tools, and payment gateways.

M Studio is not liable for disruptions, policy changes, pricing changes, outages, or failures relating to third-party providers.

Unless otherwise agreed, all hosting, domains, SSL certificates, and subscriptions remain the Client’s responsibility.

Upon completion, the Client has ten (10) working days to approve the website.

If no feedback is received, the website will be deemed approved and complete.

 

Search Engine Optimisation (SEO)

M Studio applies SEO best practices but makes no guarantee of rankings, traffic, leads, or sales.

Search engine performance is influenced by external factors beyond M Studio’s control.

 

Printing and Colour Accuracy

Minor colour variations may occur due to screen calibration, printing processes, and material differences.

Such variations do not constitute defects or grounds for rejection.

 

Artwork Approval

The Client is responsible for final approval of all artwork and deliverables.

Once approval is given, M Studio is not liable for errors discovered after production or publication.

Post-approval changes will be treated as new project variations.

 

Signage Installation

Installation timelines are estimates only and not guaranteed.

Delays may occur due to weather, site conditions, supplier delays, municipal requirements, or safety restrictions.

M Studio is not liable for such delays.

 

Project Timeframes

Timelines are estimates and depend on Client responsiveness and approvals.

Delays caused by external factors or Client inactivity will adjust delivery schedules accordingly.

M Studio shall not be liable for delays beyond its reasonable control, including load shedding, outages, disasters, or supplier delays.

 

Confidentiality

Both parties agree to maintain confidentiality of non-public project information unless disclosure is legally required.

 

Limitation of Liability

M Studio shall not be liable for indirect, incidental, or consequential damages.

Total liability is limited to fees paid for the specific project.

 

Warranty Disclaimer

Services are provided “as is” without warranties regarding performance, uptime, or business outcomes.

 

Termination

Either party may terminate the agreement in writing.

Upon termination, the Client remains liable for:

  • Work completed
  • Approved third-party costs
  • Materials ordered
  • Outstanding invoices

M Studio may suspend work for unpaid accounts.

 

Consumer Protection

Nothing in these Terms limits rights under the Consumer Protection Act, 68 of 2008, where applicable.

 

Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Disputes will first be resolved through good-faith negotiation.

 

Business Hours

Monday – Friday: 09:00 – 16:00

After-hours, weekend, and public holiday work is available by arrangement and billed at applicable rates.

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