Terms & Conditions

These Terms and Conditions (“Terms”) govern your use of the services provided by Smoke Studios Pty Ltd (“we,” “us,” or “our”). By engaging our web application design and development services, you agree to be bound by these Terms. Please read them carefully.

1. Services Provided

Smoke Studios Pty Ltd offers web application design and development services, including but not limited to:

• Custom web application development
• Website design and development
• Web maintenance and support
• eCommerce solutions
• Web application consulting

Specific details of the services provided to you will be outlined in individual project proposals or contracts.

2. Client Responsibilities

You agree to:

• Provide all necessary information, content, and materials required for the completion of the project.
• Respond promptly to our requests for feedback or approvals.
• Ensure that you have the rights and licenses to any content provided to us for use in your project.
• Adhere to any agreed timelines and make payments according to the terms outlined in the project proposal or invoice.

Failure to comply with the above may result in delays, and Smoke Studios Pty Ltd will not be held responsible for such delays, delays longer than 30 consecutive days will incur a percentile penalty on the total amount per 30 consecutive days, as interest to be paid with the final amount on delivery.

3. Intellectual Property

• Upon full payment of the project fees, ownership of the final web application and its associated materials (excluding any third-party software or assets) will be transferred to you.
• We reserve the right to use non-confidential elements of your project, such as design features, for our portfolio and marketing purposes, unless otherwise agreed.
• Any third-party software, libraries, or plugins used within the project will remain the intellectual property of their respective owners and may be subject to their own licensing agreements.

4. Payment Terms

• A deposit (typically 50%) of the total project cost is required before commencement of work, unless otherwise agreed in writing, unless the total invoiced amount is less than the value of R7,000.00 then payment is required before the service can begin.
• The remaining balance is due upon project completion and before the final delivery of files, unless a different payment schedule has been agreed upon.
• Payment terms and amounts will be clearly outlined in the project proposal or invoice.

5. Revisions and Amendments

• Our services include a limited number of revisions as agreed upon in the project proposal. Any revisions beyond this limit may incur additional fees.
• Changes requested after the project has been completed and approved will also be subject to additional charges based on our hourly rate or as outlined in the proposal.

6. Termination

Either party may terminate the project under the following conditions:

• If the other party breaches any material term of these Terms and fails to remedy such breach within 14 days of receiving written notice.
• If the project is not progressing due to delays caused by either party, termination may occur with appropriate notice.

In the event of termination, you will be responsible for payment for any work completed up to the termination date.

7. Limitation of Liability

To the fullest extent permitted by law, Smoke Studios Pty Ltd will not be liable for:

• Any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, or data, arising from your use of our services.
• Any content or media uploaded by the client to their application after hand over.  
• Any delays caused by third-party services, hosting providers, or external platforms.

Our total liability for any claims related to the services provided will not exceed the total amount paid to us by you for the specific project.

8. Warranties

We warrant that the services we provide will be performed with reasonable care and skill. However, we do not guarantee that the web applications we develop will be completely error-free, nor do we warrant any third-party software or tools used within the project.

9. Confidentiality

Both parties agree to keep all confidential information shared during the course of the project private and not disclose it to any third party unless required by law.

10. Governing Law

These Terms and your engagement with Smoke Studios Pty Ltd shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

11. Amendments to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be posted on our website, and your continued use of our services after such changes constitutes your acceptance of the updated Terms.

12. Contact Us

If you have any questions about these Terms or our services, please contact us at:

Smoke Studios Pty Ltd
info@smokestudios.co.za