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Service Terms

Version 2026-08 · Effective 27 August 2026

TL;DR - We quote you a fixed price for a defined scope. You accept by paying the deposit. We build it, you review it, we hand it over, and the intellectual property becomes yours once the invoice is settled. South African law applies, and your Consumer Protection Act rights are unaffected.

This version does not change

Every quote names the version of these terms that applies to that quote, and links to it. A published version keeps its own web address, and its wording never changes. When we publish a newer version, that newer version governs only quotes issued after it - work already underway stays on the version it started under. So you can always return to the exact wording you accepted.

01How an engagement starts

An engagement starts in three steps.

  1. 1. We send you a quote

    It lists the scope, the price, the payment split, and the version of these terms that applies.

  2. 2. You pay the deposit

    Paying the deposit means you accept the quote and these terms. No signature is needed.

  3. 3. We start work

    We confirm receipt and give you a start date.

A quote is valid for the period stated on it. After that it lapses, and the work is re-quoted at current scope and rates.

Nothing said before the quote forms part of the agreement. Proposals, emails, calls and marketing material are not contractual. The quote and these terms are.

02Which version applies

The version named on your quote governs your engagement for its whole duration. We do not change the terms you bought under.

Every version stays published at its own permanent address. This one is version 2026-08. Because each version has its own address, we never need to send you a notice about a change that does not affect you.

03What is included

Included: every item listed on your quote, and nothing else. The quote is the definition of scope.

Not included, unless your quote lists it

  • Content you supply: text, images, product data, prices, stock levels.
  • Copywriting, logo design, illustration, and photo editing.
  • Third-party subscriptions and fees, such as platform plans, domain registration, payment gateway charges, licences and courier costs. These are billed to you by those providers, not by us.
  • Work on systems, integrations or platforms not named on the quote.
  • Revision rounds beyond those included.

Where a quote line describes an outcome rather than a list of tasks, the outcome as described is what we deliver.

04Changing the scope

Scope changes are handled by a new quote, accepted the same way.

If you want something added, changed or removed, tell us. We send a quote for the change, showing the extra cost and any effect on the timeline. Work on the change starts once you accept it. The original engagement continues unchanged in the meantime.

We do not absorb scope changes silently, and we do not start unquoted work. This protects both sides. You are never billed for something you did not approve, and we are never asked to build something nobody priced.

05Reviews and revisions

Your quote states how many revision rounds are included. Two rounds per design milestone is our default.

You have 5 business days to review each milestone we submit. If we do not hear from you within that window, that milestone is treated as accepted and we move on. This keeps projects from stalling indefinitely, which is the most common reason web projects die.

Please send feedback consolidated, in one message per round, rather than in pieces. Revisions beyond the included rounds are quoted as a change under section 4.

06Fees and payment

Your quote states the total price, the deposit due before work starts, and how the balance is split. Larger projects may be split across three payments rather than two.

Some work is quoted payable in full before it starts. That basis applies where we work on a website, store or system you already own and control, rather than on something we build in our own environment. Your quote says which basis applies.

  • Prices exclude VAT. We are not currently VAT registered.
  • Invoices are due on the date stated on them.
  • The final balance is payable before handover, not after it. Credentials and production deployment follow settlement.
  • Late payment may pause work. We will tell you before we pause anything.
  • Overdue amounts may carry interest at the rate prescribed under the Prescribed Rate of Interest Act.
  • Third-party costs are yours directly. We do not mark them up, and we do not carry them for you.

07What you provide

We need these from you, and delays here move the timeline:

  • Content and assets before the relevant build stage starts.
  • Access to the accounts we need, in your name, with us added as a collaborator or administrator.
  • A single named contact who can give feedback and make decisions.
  • Feedback within the review window in section 5.
  • Confirmation that you own, or are licensed to use, everything you send us.

You are responsible for the content you supply. If material you give us infringes someone else's rights, that is your risk, not ours.

08Timelines

Timelines on a quote are estimates made in good faith, based on you supplying what section 7 lists, on schedule.

We do not guarantee a completion date unless the quote expressly states a guaranteed date. Delays caused by outstanding content, slow feedback, third-party providers, or scope changes move the end date by at least the length of the delay.

09Handover and ownership

Accounts and subscriptions are yours from the start

Your domain, platform subscription, analytics and payment gateway are registered in your name. We administer them; we do not own them. You own them from day one, before anything is paid off.

Intellectual property transfers on full settlement

Once your final invoice is paid, the copyright in the bespoke work we made for you assigns to you. We issue you a signed IP Assignment Certificate at handover recording that transfer. You do not need to sign anything.

Before settlement, the work stays ours

Deliverables are built and demonstrated on our environments, and credentials transfer at handover. Holding the work until settlement is how a fixed-price engagement is secured without asking you to sign anything.

Two things do not transfer, because they are not ours to give:

  • Third-party components - open-source libraries, fonts, stock images, themes and plugins - which stay under their own licences.
  • Our own tools and know-how - the techniques, structures, code patterns and solutions we use to build, including ones we work out while solving your problem. We stay free to use those methods again for other clients. What we do not reuse is your distinctive design, your branding or your content, which are yours alone. Where any of our own material is embedded in your deliverables, you get a permanent, unlimited licence to keep using it as part of your site.

At handover you hold everything you need. The accounts, the credentials, the intellectual property and the files. We retain no credential or access that would prevent you, or another provider, taking the property forward.

10What we keep

After handover we may keep a copy of the work - source files, project files, and the engagement record - for our archive, our internal reference, and our portfolio. We do not keep your credentials, and we do not keep personal information belonging to your customers.

Keeping a copy does not affect your ownership. The copyright is yours. You grant us a permanent, non-exclusive licence to hold that copy and to use it for those three purposes, and no others.

We are not a backup service

We are under no obligation to keep anything after handover, and you should not rely on us to. Keeping working backups of your live property is your responsibility, or your care plan's. If we do still hold a copy and you need it, ask - we will usually provide it to an authorised contact on your account. That is a courtesy, not a commitment.

11Warranty

We warrant the work against defects for 30 days from handover. A defect means the deliverable does not do what the quote said it would. Within that window we fix defects at no charge. Report them in writing.

The warranty does not cover

  • Changes made to the property after handover, by you or anyone else. This voids the warranty for the components affected.
  • New requirements, or things the quote did not include.
  • Faults in third-party services, platforms, plugins or hosting.
  • Content you supplied.

Site rescues carry their own re-infection warranty where we implemented hardening. Your quote says so where that warranty applies.

12Care, hosting and recurring services

Recurring services are billed monthly, in advance, and run month to month.

  • Either side may cancel with 30 days' written notice. There is no minimum term and no cancellation penalty.
  • Your plan's monthly allowance does not roll over if unused.
  • Work beyond the allowance is quoted separately, as a change under section 4.
  • Response commitments are commitments to respond, not to resolve. Resolution time depends on the cause.
  • Commitments apply during business hours only: Monday to Friday, 08:00-16:00 SAST, excluding South African public holidays.
  • We manage hosting on infrastructure operated by third parties. We do not own it and we make no uptime guarantee. Where an upstream provider fails, we notify you, escalate on your behalf, and help within our scope.
  • Premium licences we provide under our own agency agreements stay active while your plan is active, and lapse when it ends. You may buy equivalent licences directly at any time.

On termination we hand over your accounts and assets within 10 business days.

13Your personal information

We process personal information on your behalf when we build, host or maintain your property. This section is our written operator agreement with you under section 21 of the Protection of Personal Information Act, 2013 - POPIA, South Africa's data protection law.

We undertake to

  • Process personal information only for the purposes of your engagement, and only on your instruction.
  • Keep it confidential, and apply reasonable technical and organisational security safeguards.
  • Notify you without undue delay where we have reasonable grounds to believe it has been accessed by an unauthorised person.
  • Return or delete it at the end of the engagement, on your instruction, except where we must keep records by law.

You remain the responsible party for personal information held on your own property, including your customers' data. How we handle your information as our client is covered by our privacy policy.

14Confidentiality and portfolio

Each side keeps the other's confidential information confidential, and uses it only for the engagement. The obligation continues after the engagement ends. It does not cover information that is already public, that either of us already held, or that the law requires us to disclose.

We show our work

We display the projects we build in our portfolio, in case studies, and in our marketing. That includes screenshots, a description of the work, and your business name. The permission is permanent and continues after the intellectual property transfers to you. A portfolio is how a studio this size earns its next project - very possibly including yours - so showing the work is part of the engagement rather than an optional extra. Two things we will never publish:

  • What you paid, or any other commercial term of your engagement.
  • Personal information belonging to you or your customers.

If a write-up does not describe your project the way you would like, tell us and we will gladly revise the wording. What we ask is that the project stays on the portfolio.

15What we do not guarantee

Please read this section and section 16. They limit what we are responsible for, and they place some risk on you.

  • Search rankings, traffic, leads, sales or revenue. These depend on search algorithms, competitors, your market and your own follow-through. Nobody can guarantee them, and anyone who does is misleading you.
  • Uptime. Infrastructure belongs to third-party providers under their own service terms.
  • That a website cannot be compromised. Hardening reduces the risk; nothing removes it entirely.
  • That third-party services will keep working as they do today. Platforms, plugins, gateways and APIs change outside our control.
  • Compatibility with browsers or devices no longer supported by their makers.

Where a service level is missed on a plan that carries service credits, the credit stated on that plan is the only remedy.

16Limitation of liability

This section limits the amount we can be held responsible for.

Our total liability for any engagement is limited to the fees you have paid us for that engagement. Where the claim relates to a recurring service, our liability is limited to the fees paid for that service over the three months before the claim.

We are not liable for indirect losses: lost profit, lost revenue, lost data, lost business opportunity, or reputational harm.

Neither of us is liable for failures caused by events outside our reasonable control, including third-party provider outages, network failures, load shedding, and natural events.

Nothing in this section limits liability for fraud, for deliberate misconduct, for death or personal injury, or for anything South African law does not permit us to limit.

17Ending an engagement

You may cancel a project at any time, in writing. You pay for work completed and work in progress to that date, and for any third-party costs already committed. Deposits cover work already scheduled, but any amount not yet earned is credited or refunded.

We may end an engagement where an invoice stays unpaid after we have asked for it, where we cannot get the access or content we need to continue after asking twice in writing, or where the conduct of the engagement becomes abusive.

Either way, we hand over what has been paid for, and the terms about ownership, confidentiality and liability survive.

18Your rights as a consumer

If you are a natural person, a sole proprietor, or a smaller business protected by the Consumer Protection Act, 2008, nothing in these terms takes away rights the Act gives you and that cannot be signed away.

That includes your right to fair and reasonable terms, to services performed with reasonable skill, and to the Act's cooling-off provisions where they apply. Where anything here conflicts with those rights, those rights win.

19Law and disputes

South African law governs these terms.

If something goes wrong, tell us first. Most disputes are a misunderstanding about scope, and we would rather fix it than argue about it. If we cannot resolve it between us within 30 days, either side may refer it to mediation before going to court.

Nothing stops you approaching the Consumer Goods and Services Ombud or the National Consumer Commission where they have jurisdiction. The courts of South Africa have jurisdiction.

20General and contact

  • If any part of these terms is found unenforceable, the rest still applies.
  • We may use subcontractors. We stay responsible for their work.
  • Neither side may transfer the agreement without the other's written consent, except as part of a sale of the business.
  • Notices go to the email addresses on the quote.

The Design Hammock (Pty) Ltd

Registration 2021/653578/07. 159 Maria Bronkhorst Road, Ashlea Gardens, Pretoria, 0081. graeme@thedesignhammock.co.za

Service Terms version 2026-08 · Effective 27 August 2026 · This version is permanent and will not be edited.