Terms and Conditions

Effective date: 20 February 2026

These Terms and Conditions (the Terms) apply to all services provided by Vivid Designs (we, us, our). By instructing us to provide services, accepting a proposal or paying an invoice you agree to be bound by these Terms.

1. Definitions

Client means the person, company or organisation who commissions services from Vivid Designs.
Services means any web design, development, branding, print, social content, hosting, maintenance or other services agreed in a proposal or quotation.
Proposal means our written proposal, scope or quote for Services.
Deliverables means final files, websites, designs and other outputs described in the Proposal.
Fees means the amounts specified in the Proposal, including any starting points listed on our website or pricelists.

2. Acceptance and scope

A signed proposal or payment of a deposit constitutes acceptance of these Terms. The Proposal sets out the scope, Deliverables, Fees, timelines and any included revision rounds. Any work requested outside the agreed scope is treated as additional and will be quoted separately.

3. Quotes, pricing and changes

Published starting points such as hosting from R195 per month or maintenance from R395 per month are indicative only. Final Fees are set in the Proposal.
Quotes remain valid for the period stated in the Proposal. If no period is stated, quotes expire 30 days after issue.
Change requests that alter the scope, timing or resources will be subject to a revised Proposal and may affect timelines and Fees.

4. Payment terms

Unless otherwise stated in the Proposal, one-off projects require a 50 percent deposit to commence work. The balance is due on completion or according to agreed milestones.
Retainers and ongoing plans are billed monthly in advance and require payment before the plan begins.
Out-of-scope work and ad-hoc hourly services are billed at our standard rate, typically from R295 per hour unless an alternative rate is agreed in writing.
Invoices not paid by the due date may incur interest and the right to suspend access to hosting or services until payment is received. You remain responsible for accrued Fees and any costs of collection.

5. Deliverables, approval and revisions

We provide Deliverables as described in the Proposal. Turnaround times depend on the Client supplying required content and approvals.
The Proposal will state the number of revision rounds included. Additional revisions are charged at the agreed hourly rate or a fixed fee stated in the Proposal.
Clients must review and provide consolidated feedback within the timeframes agreed. Delays in approval will affect the project timeline and may incur additional Fees.

6. Client responsibilities

The Client must provide timely access to required materials and information, including but not limited to brand assets, approved copy, images and any third-party account access needed to deliver the Services. If the Client fails to provide content on time, we may pause the project and reschedule delivery dates.

7. Hosting, maintenance and backups

Hosting starting points shown on our site are indicative. The Proposal will set the exact hosting and maintenance terms where applicable.
Standard maintenance plans include periodic backups. For most brochure and service websites we provide weekly backups as standard. More frequent backups for high activity sites or online stores are available as an add-on and will be specified in the Proposal.
We will take commercially reasonable steps to protect site data. However, no host or provider can guarantee absolute immunity from loss. The Client should keep copies of important data and content.

8. Third party services and licences

Where Services require third-party products such as premium plugins, fonts, images or payment gateways these will be charged to the Client in addition to our Fees. The Client is responsible for any licences or merchant accounts required for payment processing. We will assist with setup where agreed in the Proposal.

9. Intellectual property and usage rights

Subject to full payment of Fees, ownership of final Deliverables passes to the Client. We retain the right to display Deliverables in our portfolio unless the Proposal states confidentiality or a separate agreement prohibits it.
We retain ownership of any pre-existing materials, templates, code or systems used to deliver the Services unless otherwise agreed. Where we supply source or working files as part of the Deliverables, this will be stated in the Proposal or specifically invoiced.
Any third-party assets remain subject to their licences and the Client must comply with those licence terms.

10. Confidentiality

Each party will keep confidential information received from the other and will not use or disclose it except as necessary to perform the Services or as required by law. Confidential information does not include information that is publicly available or already lawfully known before disclosure.

11. Warranties and disclaimers

We warrant that we will perform Services with reasonable skill and care in line with common industry practice.
Except as expressly stated in these Terms, all other warranties, conditions and representations are excluded to the fullest extent permitted by law.

12. Limitation of liability

To the fullest extent permitted by law our total liability for claims arising out of or in connection with the Services will be limited to the Fees actually paid by the Client for the Services giving rise to the claim. We are not liable for indirect or consequential losses, including loss of profit, loss of data or loss of business opportunity.

13. Indemnity

The Client indemnifies and holds us harmless from any claim, cost or loss arising from the Client providing false, misleading or unlawful content, or from the Client’s breach of these Terms, including claims related to third-party intellectual property.

14. Termination

Either party may terminate a Project or retainer by written notice if the other party materially breaches the Terms and does not remedy the breach within a reasonable period.
On termination the Client must pay any outstanding Fees for work performed up to the termination date. For retainers we require the notice period set out in the Proposal, typically 30 days.
Deposit payments are non-refundable once work has commenced. If termination occurs and we have not yet started, a refund of the deposit less reasonable administration costs may be considered at our discretion.

15. Dispute resolution and governing law

If a dispute arises both parties will attempt to resolve it in good faith. If unresolved within a reasonable time the dispute may be referred to mediation or alternative dispute resolution. These Terms are governed by the laws of the Republic of South Africa and parties submit to the non-exclusive jurisdiction of South African courts.

16. Data protection and privacy

We handle personal information in accordance with our Privacy Policy. By instructing us to provide Services the Client agrees that we may process personal information as necessary to provide the Services, to send invoices and to communicate about the project. The Privacy Policy sets out the practical measures we take to protect personal data.

17. Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural events, strikes or failures of internet or hosting infrastructure. Where feasible we will notify the Client of any expected delay and propose revised timings.

18. Subcontracting and assignment

We may use subcontractors to perform parts of the Services. We remain responsible for the performance of subcontracted work. The Client may not assign rights or obligations under these Terms without our prior written consent.

19. Notices

Notices under these Terms must be delivered by email or post to the addresses provided in the Proposal or to the contact details on our website. Electronic notices are effective on sending, provided no delivery error is reported.

20. General

If any provision of these Terms is found to be void or unenforceable, the remaining provisions remain in force.
These Terms together with the Proposal form the entire agreement between the parties and supersede any prior agreements or understandings.

Contact

If you have any questions about these Terms please contact:

Vivid Designs
Email: info@vividdesigns.co.za
Phone / WhatsApp: +27 72 157 8661

Last updated: 20 February 2026