Terms of Service.

Last updated: June 2025

1. Agreement

These Terms of Service constitute a legally binding agreement between you (“Client”) and AdVenture Designs (“Company”, “we”, “us”) governing the provision of digital design and development services. By accepting a quote, making a deposit payment, or engaging our services, you agree to these terms in full.

These terms are governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008 where applicable.

2. Services

The Company provides web design, UI/UX design, branding, digital solutions, SEO, and related services as described in individual project proposals or Statements of Work. The scope of each project is defined in a separate Project Brief, which forms part of this agreement.

Any work requested outside the agreed scope will be treated as a change request and may be subject to additional fees and timeline adjustments, which will be communicated and agreed upon in writing before work proceeds.

3. Project Process

Projects proceed through defined phases: Discovery, Design, Development, Review, and Launch. Written approval is required from the Client before each phase commences. Requests for significant changes after phase approval may require a revised quote.

4. Payment Terms

• A non-refundable deposit is due before work commences
• The remaining amount is due upon project completion, before handover of live credentials, final files, or deployment
• Invoices are payable within 5 days of issue
• Overdue accounts may attract interest at 2% per month on the outstanding balance
• All pricing is in South African Rand (ZAR) and is inclusive of VAT where applicable

Payment can be made via EFT, Paystack (card/instant EFT), or as otherwise agreed in writing.

5. Intellectual Property

Upon receipt of full payment, all custom design work and deliverables created specifically for the Client become the Client’s property.

The Company retains the right to display completed work in its portfolio, case studies, and marketing materials unless the Client requests confidentiality in writing.

Third-party elements incorporated into the work (fonts, stock imagery, plugins, frameworks) remain subject to their respective licences. The Company is not responsible for ensuring ongoing licence compliance for third-party elements after project handover.

Until full payment is received, no intellectual property rights are transferred to the Client.

6. Client Responsibilities

• Provide all required content (text, images, logos, brand assets) by agreed deadlines
• Respond to review requests and provide consolidated feedback within 5 business days
• Participate in scheduled calls and provide written approvals at each project phase
• Ensure all materials supplied do not infringe any third-party intellectual property rights
• Provide accurate and complete information required for the project

Delays caused by the Client’s failure to meet these responsibilities will extend project timelines proportionally, at no additional cost to the Client, but may affect committed launch dates.

7. Revisions & Changes

Standard projects include two (2) rounds of revisions per phase. Revisions are defined as minor adjustments within the agreed scope. Additional revision rounds or significant scope changes may be quoted separately.

A “revision” does not include changes to the fundamental design direction, new features, or content restructuring after approval has been given.

8. Hosting & Third-Party Services

The Company may recommend third-party services (hosting, domain registrars, payment gateways, CRM platforms). Costs for these services are the Client’s responsibility. The Company is not liable for outages, data loss, or issues caused by third-party providers.

9. Confidentiality

Both parties agree to keep confidential all proprietary business information shared during the course of the project. This obligation survives termination of the agreement. Neither party will disclose the other’s confidential information to third parties without prior written consent.

10. Limitation of Liability

The Company’s total liability arising from or in connection with this agreement shall not exceed the total fees paid by the Client for the specific project in question.

The Company is not liable for indirect, consequential, incidental, or punitive damages, including loss of revenue, loss of data, or business interruption, even if advised of the possibility of such damages.

11. Termination

Either party may terminate this agreement with 14 days’ written notice. Upon termination:

• Fees for all work completed to date are payable immediately
• The deposit is non-refundable
• The Company will deliver all completed work upon receipt of all outstanding fees
• Work in progress that is not yet delivered remains the property of the Company until payment is made

12. Governing Law & Disputes

This agreement is governed by the laws of the Republic of South Africa. In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If unresolved, disputes shall be referred to mediation before any court proceedings are initiated. The parties consent to the jurisdiction of the South African courts.

13. Consumer Protection

Nothing in these terms limits or excludes any rights you may have under the Consumer Protection Act 68 of 2008 or any other applicable South African consumer protection legislation. To the extent any provision conflicts with mandatory consumer protection rights, the statutory rights shall prevail.