1. Relationship to Service Agreements

These Terms and Conditions ("Terms") govern the use of the website and the general provision of services by The Design Clubhouse (Pty) Ltd ("Service Provider"). Where a Client enters into a signed Client Service Agreement (CSA), the terms of that CSA shall prevail to the extent of any conflict.

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2. Fees, Deposits, and Penalties

- Deposit: A non-refundable deposit of 50% of the total fee is required before any work commences.

- Final Payment: The remaining balance is due upon completion and prior to the delivery of final work products.

- Late Payment Penalties: In accordance with our CSA, if any invoice is not paid within 7 (seven) days of the due date, a penalty fee of 5% of the outstanding amount will be added for each week the invoice remains unpaid.

- VAT: Services are not subject to VAT as the Service Provider is not a registered VAT vendor.

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3. Revisions and Scope

- Standard Revision: Clients are entitled to 1 (one) revision per work product.

- Timeline: Revisions must be requested within 7 (seven) days of delivery. Requests made after this period, or additional rounds of revisions, will incur extra charges.

- Scope Drift: Any changes to the defined scope in "Addendum A" of your agreement must be confirmed in writing and may result in adjusted timelines and fees.

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4. Intellectual Property & Ownership

- Transfer of Ownership: Ownership of the final work product only passes to the Client upon full payment of all outstanding invoices.

- Portfolio Rights: The Service Provider (and its employees/freelancers) retains the right to use the work product in portfolios and marketing materials.

- Pre-existing IP: Any materials provided by either party that existed prior to the project remain the sole property of the providing party.

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5. Marketing and Brand Promotion

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Logo Usage: The Client grants The Design Clubhouse (Pty) Ltd a non-exclusive, royalty-free license to use the Client’s company name and logo on the Service Provider’s website, in portfolios, in case studies, and in general advertising or marketing materials to identify the Client as a customer of the Service Provider.

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6. Privacy and Data Protection (POPIA)

By using our Services, you warrant that any personal information provided to The Design Clubhouse is compliant with the Protection of Personal Information Act (POPIA). The Client indemnifies the Service Provider against any legal consequences arising from materials or data provided by the Client.

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7. Non-Solicitation

The Client agrees that during the term of service and for a period of 2 (two) years following termination, the Client shall not directly or indirectly solicit, contact, or attempt to hire any employees or freelancers of the Service Provider.

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8. Limitation of Liability

The Service Provider’s liability is strictly limited to the amount of fees paid by the Client for the specific service under dispute. We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.

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9. Termination

Either party may terminate the relationship with 30 (thirty) days' written notice via email.

Upon termination, the Client must return any unpaid materials and cease using any work product for which full payment has not been received.

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10. Force Majeure

Neither party shall be liable for delays caused by circumstances beyond their reasonable control, specifically including major electrical system loadshedding, acts of God, or government regulations.

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11. Dispute Resolution

Internal Resolution: Disputes must first be referred to the respective CEOs of both parties for resolution within 7 (seven) days.

Arbitration: If unresolved, the dispute shall be resolved by arbitration in Cape Town in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) by a single arbitrator.

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12. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

 

Last Updated: 26/01/2026