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 of the quotation shall constitute a project variation.

Unless otherwise stated, quotations include up to three (3) rounds of design revisions. Any additional revisions or changes beyond this allowance shall be charged at M Studio’s current 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.

 

Client Responsibilities

The Client agrees to:

  • Provide all required content, text, logos, images, branding assets, approvals, and information within agreed timeframes.

  • Ensure that all information supplied is accurate, complete, lawful, and does not infringe the intellectual property rights of any third party.

  • Review all proofs, mock-ups, artwork, websites, and deliverables carefully before granting final approval.

  • Respond to requests for information, approvals, or feedback within reasonable timeframes.

  • Maintain backups of website content and digital assets once the project has been completed and delivered.

Failure to provide required information or approvals may result in project delays, additional costs, or revised delivery dates.

 

Project Variations

Should the Client request work outside the agreed project scope, M Studio will advise the Client of any additional costs before proceeding.

Examples of project variations include, but are not limited to:

  • Additional pages or layouts

  • New functionality

  • Significant redesign after approval

  • Additional concepts

  • Changes to approved content

  • Additional meetings beyond the agreed scope

  • New print specifications

  • Additional website functionality

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

M Studio shall not be responsible for project delays resulting from the Client’s failure to provide content, approvals, feedback, or required information within agreed timeframes.

Where Client-caused delays result in additional project administration or management, M Studio reserves the right to charge a surcharge of up to 25% of the total project value.

The Client agrees to reimburse M Studio for all approved third-party costs including, but not limited to:

  • Stock photography

  • Premium fonts

  • Software licences

  • Premium plugins

  • Templates

  • Website hosting

  • Domain registrations

  • Advertising costs

  • Courier services

  • Printing costs

 

Intellectual Property and Copyright

The Client warrants that all materials supplied to M Studio, including text, logos, photographs, graphics, trademarks, artwork, and other content, either belong to the Client or are used with the necessary permissions.

M Studio accepts no liability for copyright infringement arising from materials supplied by the Client.

All concepts, draft artwork, working files, editable source files, production files, design processes, and preliminary material remain the exclusive intellectual property of M Studio unless otherwise agreed in writing.

Ownership of the final approved artwork transfers to the Client only after all outstanding invoices have been paid in full.

Editable source files, including but not limited to Adobe Illustrator (AI), Photoshop (PSD), InDesign (INDD), After Effects (AE), Figma, and other production files, are not included unless specifically stated in the quotation or purchased separately.

M Studio reserves the right to display completed work within its portfolio, website, social media platforms, presentations, awards submissions, and promotional material unless otherwise agreed in writing.

 

Website Services

M Studio may recommend or configure third-party services including, but not limited to:

  • Google Business Profile

  • Google Analytics

  • Google Search Console

  • Payment gateways

  • SEO tools

  • Email marketing platforms

  • Hosting providers

  • Domain registrars

  • Third-party applications

To the fullest extent permitted by law, M Studio shall not be liable for interruptions, outages, policy changes, pricing changes, software updates, discontinued services, security breaches, or failures relating to third-party providers.

Unless otherwise agreed in writing, website hosting, domain registrations, SSL certificates, email hosting, renewals, and other third-party subscriptions remain the responsibility of the Client.

Upon completion of a website project, the Client will be invited to review the website before publication.

The Client shall have ten (10) working days to provide written approval or feedback.

If no feedback is received within this period, the website shall be deemed approved and complete.

Changes requested within the original scope shall be completed without additional charge.

Additional requests outside the agreed scope shall be quoted separately.

 

Search Engine Optimisation (SEO)

M Studio develops websites according to recognised SEO best practices.

However, M Studio makes no guarantee regarding:

  • Google rankings

  • Search engine placement

  • Website traffic

  • Leads

  • Sales

  • Business performance

Search engine rankings depend upon numerous factors beyond the control of M Studio.

 

Printing and Colour Accuracy

Every reasonable effort is made to reproduce colours accurately.

However, colours displayed on computer monitors, mobile devices, and other digital screens may differ from printed products due to differences in screen calibration, printing processes, inks, substrates, lighting conditions, and manufacturing tolerances.

Minor colour variations shall not constitute a defect or grounds for rejection or refund.

 

Artwork Approval

The Client is responsible for carefully reviewing all artwork, proofs, layouts, website content, dimensions, spelling, grammar, pricing, contact information, colours, and other project details before granting final approval.

Once written approval has been received, M Studio shall not be responsible for any errors subsequently identified after production, printing, publication, installation, or website launch.

Any corrections required after approval shall be treated as a new project variation and charged accordingly.

 

Signage Installation

Where M Studio undertakes signage installation, estimated installation dates are provided in good faith but cannot be guaranteed.

Installation may be delayed due to circumstances beyond M Studio’s reasonable control, including:

  • Weather conditions

  • Municipal approvals

  • Building management requirements

  • Structural issues

  • Restricted site access

  • Supplier delays

  • Health and safety requirements

M Studio shall not be liable for delays arising from such circumstances.

 

Fees, Invoicing and Payment

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

Projects are invoiced according to the accepted quotation.

For most branding, design, website, and digital projects:

  • 60% deposit is payable before work commences.

  • 40% is payable immediately upon project completion and prior to final delivery, website launch, or installation.

M Studio reserves the right to withhold final artwork, source files, websites, login credentials, production files, or any deliverables until full payment has been received.

Deposits are non-refundable once work has commenced.

Where a project is suspended by the Client for more than two (2) months, or cancelled for reasons beyond the control of M Studio, all work completed to date shall become immediately payable.

Where the Client fails to provide required information, approvals, or communication for more than three (3) months, the project may be deemed abandoned. In such cases, all monies paid shall be forfeited, and any further work shall require a new quotation.

Accepted payment methods include EFT and approved online payment gateways.

Where payment gateway transaction fees apply, such fees may be added to the invoice.

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

 

Project Timeframes

Estimated completion dates are provided in good faith but are not guaranteed.

Project completion depends upon timely communication, approvals, and the provision of required materials by the Client.

M Studio shall not be liable for delays arising from circumstances beyond its reasonable control, including but not limited to:

  • Load shedding

  • Power failures

  • Internet outages

  • Equipment failures

  • Natural disasters

  • Civil unrest

  • Supplier delays

  • Government restrictions

  • Force majeure events

 

Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the course of the project, except where disclosure is required by law or necessary for the completion of the agreed services.

 

Limitation of Liability

To the fullest extent permitted by South African law, M Studio shall not be liable for any indirect, incidental, consequential, special, punitive, or financial loss arising from the use of any design, website, branding, signage, print, or digital services provided.

The Client accepts full responsibility for testing, reviewing, and approving all final deliverables before publication, printing, manufacture, installation, or launch.

Except where prohibited by law, the total liability of M Studio arising from any claim relating to a project shall not exceed the total fees actually paid by the Client for that specific project.

 

Warranty Disclaimer

Except where required by applicable law, M Studio provides its services on an “as is” basis and makes no warranties regarding uninterrupted operation, future compatibility, continuous availability of third-party services, or business outcomes resulting from the use of its services.

 

Termination

M Studio reserves the right to suspend work where invoices remain unpaid beyond their due date.

Interest may be charged on overdue accounts at the maximum rate permitted under applicable South African law.

Either party may terminate a project by providing written notice.

Upon termination, the Client shall remain liable for:

  • All work completed to date

  • Approved third-party costs

  • Materials ordered

  • Expenses incurred

  • Outstanding invoices

 

Consumer Protection

Nothing contained within these Terms and Conditions shall limit, exclude, or restrict any rights afforded to consumers under the Consumer Protection Act, 68 of 2008, where such rights cannot lawfully be excluded.

Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

The parties agree to first attempt to resolve any dispute through good-faith negotiation before instituting legal proceedings.

Business Hours

M Studio’s normal operating hours are:

Monday to Friday
09:00 – 16:00

Weekend work, public holiday work, and urgent after-hours services may be undertaken by prior arrangement and shall be billed at M Studio’s applicable hourly rate.

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