- New website pages;
- Major redesigns;
- New functionality;
- New integrations;
- Content creation;
- Copywriting;
- SEO campaigns;
- Third-party subscription costs; or
- Major technical redevelopment.
12. PRINTING, MANUFACTURING AND THIRD-PARTY SUPPLIERS
12.1 Where Mosebo Studio assists with printing or production, third-party suppliers may be involved.
12.2 Unless expressly agreed otherwise, Mosebo Studio is not the manufacturer of third-party printed or physical products.
12.3 Production timelines may depend on external suppliers.
12.4 Final physical products may vary slightly from digital proofs due to differences in printing processes, materials, screens, colour profiles, paper, substrates and manufacturing tolerances.
12.5 Where the Client approves artwork for production, the Client is responsible for checking the final proof and specifications.
12.6 Third-party supplier fees may be payable separately from Mosebo Studio’s design fees.
13. PACKAGING AND REGULATORY INFORMATION
13.1 Mosebo Studio may assist with the visual design and organisation of packaging information.
13.2 Unless expressly agreed in writing, Mosebo Studio does not provide legal, regulatory, medical, nutritional, technical or compliance advice.
13.3 The Client remains responsible for ensuring that product claims, ingredients, warnings, declarations, measurements, contact details, regulatory information and other mandatory information are accurate and legally compliant.
14. INTELLECTUAL PROPERTY
14.1 Each party retains ownership of intellectual property that it owned before the Project.
14.2 Mosebo Studio retains ownership of its pre-existing:
- Design systems;
- Templates;
- Processes;
- Methods;
- Know-how;
- Unused concepts;
- Working files;
- Internal tools; and
- Other proprietary materials.
14.3 Subject to full payment of all amounts due, ownership of the final approved custom Deliverables specifically created for the Client will transfer to the Client to the extent stated in the applicable Proposal.
14.4 Ownership does not automatically transfer in respect of third-party materials, fonts, stock images, plugins, software, templates, licences or other materials subject to separate intellectual-property rights.
14.5 Where a third-party licence applies, the Client is responsible for complying with that licence.
14.6 Unless otherwise agreed, Mosebo Studio is not required to provide editable source or working files that are not expressly included in the Project Deliverables.
15. PORTFOLIO AND MARKETING RIGHTS
15.1 Unless the Client has requested confidentiality in writing and Mosebo Studio has agreed to it, Mosebo Studio may display completed work in its portfolio, website, social media, presentations and marketing materials.
15.2 Mosebo Studio may identify the Client as a client for portfolio or promotional purposes.
15.3 Confidential or commercially sensitive information supplied by the Client will not knowingly be disclosed for promotional purposes without appropriate permission.
15.4 The Client may request that a particular Project remain confidential.
16. THIRD-PARTY MATERIALS
Projects may incorporate third-party materials, including:
- Stock photography;
- Fonts;
- Software;
- Plugins;
- Themes;
- Icons;
- Music;
- Hosting services;
- APIs;
- Templates; and
- Other licensed resources.
Such materials may be subject to separate terms and restrictions.
The Client agrees to comply with applicable third-party licences and understands that Mosebo Studio cannot transfer rights that it does not own.
17. CONFIDENTIALITY
17.1 Each party agrees to treat confidential information received from the other party as confidential and to use it only for purposes connected with the Project.
17.2 Confidential information does not include information that:
- Is already publicly available;
- Becomes publicly available without breach of these Terms;
- Was lawfully known before disclosure;
- Is independently developed; or
- Must be disclosed by law or lawful authority.
17.3 Confidentiality obligations will continue after completion or termination of the Project.
18. PERSONAL INFORMATION AND PRIVACY
18.1 Mosebo Studio may process personal information necessary to communicate with Clients, provide Services, administer Projects, process payments and comply with applicable law.
18.2 Personal information will be handled in accordance with Mosebo Studio’s applicable Privacy Policy and South African data-protection requirements, including the Protection of Personal Information Act 4 of 2013 (POPIA), where applicable.
18.3 Clients should not provide sensitive personal information unless it is reasonably necessary for the Services and appropriate safeguards have been established.
18.4 Where third-party platforms or service providers are used, personal information may be processed by those providers subject to their applicable terms and privacy policies.
19. WARRANTIES AND CLIENT APPROVAL
19.1 Mosebo Studio will perform Services with reasonable care and skill.
19.2 The Client acknowledges that creative work involves subjective decisions and that design outcomes may vary according to personal preference.
19.3 Mosebo Studio does not guarantee that a particular design, website or marketing asset will result in a particular level of sales, revenue, engagement, traffic, customer growth or business performance.
19.4 Where third-party platforms are involved, Mosebo Studio cannot guarantee uninterrupted availability or performance of those platforms.
20. LIMITATION OF LIABILITY
20.1 To the extent permitted by applicable law, Mosebo Studio will not be liable for indirect, incidental, consequential or special losses arising from a Project.
20.2 This may include loss of profits, revenue, business opportunities, goodwill, data or anticipated savings.
20.3 Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
20.4 Any limitation of liability is subject to mandatory rights and protections applicable to the Client under South African law.
21. CLIENT INDEMNITY
To the extent permitted by law, the Client agrees to indemnify Mosebo Studio against third-party claims arising from:
- Materials supplied by the Client;
- Content supplied or approved by the Client;
- Infringement caused by Client-supplied materials;
- Unlawful or misleading instructions provided by the Client; or
- The Client’s misuse of Deliverables.
This clause does not apply to the extent that the relevant loss was caused by Mosebo Studio’s own unlawful conduct or negligence where such liability cannot legally be excluded.
22. CANCELLATION AND TERMINATION
22.1 Either party may request termination of a Project in writing.
22.2 If the Client cancels a Project after work has commenced, the Client remains responsible for fees relating to work completed, committed third-party costs and other non-refundable expenses incurred up to the effective termination date, subject to applicable law and the specific Proposal.
22.3 Mosebo Studio may suspend or terminate a Project where:
- Payment remains overdue;
- The Client materially breaches these Terms;
- The Client repeatedly fails to provide required information or approvals;
- The Client requests unlawful work; or
- Circumstances make continued performance commercially or technically impractical.
22.4 Upon termination, the Client must pay all amounts properly due for Services performed and approved expenses incurred up to termination.
22.5 Any transfer of ownership or release of Deliverables remains subject to applicable payment and intellectual-property provisions.
23. ABANDONED PROJECTS
Where a Client becomes unresponsive for an extended period, Mosebo Studio may place the Project on hold.
If a Project remains inactive for [30/60/90] consecutive days because of Client inaction, Mosebo Studio may treat the Project as abandoned, subject to reasonable notice to the Client.
Restarting an abandoned Project may require:
- A revised timeline;
- Reassessment of the scope;
- Additional fees; and/or
- A new quotation.
24. FORCE MAJEURE
Mosebo Studio will not be responsible for delays caused by circumstances reasonably beyond its control, including but not limited to:
- Natural disasters;
- Power outages;
- Internet or telecommunications failures;
- Cyber incidents;
- Government action;
- Strikes;
- Supplier failures;
- Platform outages;
- Hardware or software failures;
- Illness or emergencies; or
- Other circumstances beyond reasonable control.
Where reasonably possible, Mosebo Studio will communicate significant disruptions and work with the Client to establish a revised timeline.
25. WEBSITE USE
The content of the Mosebo Studio website is provided for general informational purposes.
You agree not to:
- Use the website unlawfully;
- Attempt to gain unauthorised access to systems;
- Introduce malicious software;
- Copy or exploit website content without permission;
- Interfere with website functionality; or
- Use the website in a way that could damage Mosebo Studio or its users.
Mosebo Studio may update, modify, suspend or discontinue portions of the website without notice where reasonably necessary.
26. WEBSITE CONTENT AND INTELLECTUAL PROPERTY
Unless otherwise indicated, the Mosebo Studio website and its original content, branding, graphics, text, layouts, visual elements and other materials are owned by or licensed to Mosebo Studio.
You may not reproduce, modify, distribute, republish, sell or commercially exploit such materials without prior written permission, except where permitted by law.
27. EXTERNAL LINKS
The website may contain links to third-party websites or services.
Mosebo Studio is not responsible for the content, availability, security, privacy practices or policies of third-party websites.
Accessing third-party websites is at the user’s own discretion and subject to the third party’s terms.
28. ERRORS AND CHANGES
Mosebo Studio makes reasonable efforts to keep website information accurate but does not warrant that all information will always be complete, current or error-free.
We may correct errors and update information at any time.
29. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Subject to any mandatory legal rights available to a Client, disputes arising from these Terms or a Project will be subject to the jurisdiction of the appropriate courts of South Africa.
Nothing in this clause prevents a consumer from exercising a right or remedy available under applicable South African consumer-protection legislation.
30. CONSUMER RIGHTS
Nothing in these Terms is intended to remove, restrict or waive any mandatory right or protection that a Client may have under applicable South African law.
Where the Consumer Protection Act 68 of 2008 applies, the applicable provisions of that legislation will continue to apply.
Where there is a conflict between these Terms and a mandatory statutory right, the statutory right will prevail to the extent required by law.
31. ELECTRONIC COMMUNICATION
The Client agrees that communications relating to Projects may be conducted electronically, including by email, messaging platforms, online collaboration tools and other agreed communication channels.
Electronic approvals and instructions may be relied upon as evidence of the Client’s instructions or approval, subject to applicable law.
32. CHANGES TO THESE TERMS
Mosebo Studio may update these Terms from time to time.
The latest version published on the website will apply to future website use and new Projects.
Where a Project is already governed by a signed agreement or accepted Proposal containing its own Terms, those agreed terms will continue to apply unless the parties agree otherwise.
33. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible.
The remaining provisions will continue in effect.
34. ENTIRE AGREEMENT
The applicable Proposal, quotation, Project specification and these Terms constitute the agreement between Mosebo Studio and the Client concerning the relevant Project, unless the parties have entered into a separate written agreement.
If there is a conflict between these Terms and a signed written agreement, the signed written agreement will prevail to the extent of the conflict.
35. NO WAIVER
Failure by either party to enforce a provision of these Terms does not constitute a waiver of the right to enforce that provision later.
36. CONTACT
For questions regarding these Terms, Projects, quotations or Services, please contact:
Mosebo Studio
Email: hello@mosebostudio.co.za
Support: support@mosebostudio.co.za
Telephone: +27 79 663 4934
Website: mosebostudio.co.za
CLIENT ACKNOWLEDGEMENT
By approving a quotation, paying a Project deposit, instructing Mosebo Studio to commence work, or otherwise proceeding with a Project, the Client confirms that they have had an opportunity to read and understand these Terms and agrees to be bound by the applicable provisions.
Mosebo Studio
Designed with Purpose. Built with Excellence. Guided by Faith.