Terms of Service
The Jelly Studios (Pty) Ltd
Last updated: 29.06.2026
1. Agreement Overview
1.1. These Terms of Service ("Agreement") are entered into between The Jelly Studios (Pty) Ltd ("The Studio," "we," "us," or "our") and the customer ("Client") for the provision of our design services.
1.2. By engaging The Studio, the Client agrees to be bound by these Terms.
2. Service Plans
2.1. The Studio offers services under the following models:
Project-Based Work: Custom branding, design systems, digital experiences, and communication design projects as outlined in individualised proposals.
Retainer Model (on request): Monthly ongoing design support with a set number of hours and deliverables.
Workshops & Strategy: Storytelling, brand workshops, or strategic design sessions quoted separately.
2.2. All services include up to two (2) rounds of revisions per deliverable.
2.3. Additional work beyond included revisions is billed at an arranged hourly fee, unless otherwise specified.
3. Payment Terms
3.1. Deposit: 50% upfront payment is required to commence any project.
3.2. Final Payment: The remaining 50% is due within five (5) calendar days of project completion.
3.3. Late Fees: Late payments incur a 5% weekly penalty on outstanding amounts.
3.4. Ownership: Intellectual property rights transfer to the Client only upon receipt of full payment.
3.5. Payments made are considered confirmation of the Client's commitment to the agreed scope of work.
4. Refund and Cancellation Policy
4.1. Deposits and Refunds
4.1.1. All deposits are non-refundable once the service agreement has been accepted and work has commenced.
4.1.2. Refunds will only be issued where The Studio is unable to complete the agreed work due to unforeseen circumstances beyond its reasonable control. The refundable amount will be calculated as: Total amount paid minus the value of work completed and delivered.
4.1.3. No refunds will be issued for:
Change of mind by the Client.
Client's failure to provide required information, materials, or timely feedback.
Client-initiated cancellations after work has commenced.
Delays caused by the Client that affect project timelines.
4.2. Cancellation and Termination
4.2.1. Either party may terminate this Agreement with seven (7) days' written notice.
4.2.2. Upon client-initiated cancellation, the Client remains liable for all work completed to the date of cancellation. The Studio will provide an account of completed work within five (5) business days of receiving written notice.
4.2.3. The Studio reserves the right to terminate the project and retain ownership of all work if payments are not made on time.
4.2.4. In the event The Studio is unable to complete work due to unforeseen circumstances (including but not limited to illness, power outages, internet failure, accident, acts of God, or viral pandemics), the Client will be refunded for any portion of work not completed, excluding the non-refundable deposit.
4.2.5. If the Agreement is terminated before full payment is received, The Studio retains full ownership and intellectual property rights to all work created. The Client may not use, reproduce, or distribute any such work.
4.3. Refund Processing
4.3.1. Approved refunds will be processed within thirty (30) business days of resolution.
4.3.2. Refunds will be issued to the original payment method and confirmed in writing.
5. Acceptance of Work
5.1. The Client has three (3) business days to review deliverables and request revisions.
5.2. If no feedback is received within this period, the work will be considered approved.
5.3. Additional revisions beyond approved work will be billed at standard hourly rates.
6. Intellectual Property Rights
6.1. The Client receives full rights to all original, custom-designed work upon full payment.
6.2. The Studio retains ownership of all tools, templates, and pre-existing design assets used in the creation process.
6.3. The Studio may reuse general design frameworks across projects, unless otherwise agreed in writing.
6.4. Where a design includes third-party fonts or assets requiring commercial licenses, the Client is responsible for purchasing those licenses. The Studio will inform the Client of any such requirements.
7. Client Responsibilities
7.1. The Client agrees to:
Provide timely feedback, brand assets, and clear direction.
Acknowledge that delays caused by late feedback or missing inputs may affect timelines and costs.
Maintain backups of any materials shared with The Studio.
Provide all necessary approvals and information in a timely manner.
8. Prohibited Activities
8.1. The Client agrees not to:
Resell or distribute work without proper attribution or licensing.
Use any deliverables in unlawful or infringing ways.
Misrepresent the work as being created by another party.
Violate any intellectual property rights.
9. Feedback & Communication
9.1. Feedback must be provided via platforms agreed upon by all parties.
9.2. The Studio is not liable for feedback submitted through unapproved channels.
9.3. By working with The Studio, the Client agrees to receive all contracts, feedback, and files digitally via email or cloud platforms.
10. Confidentiality
10.1. The Studio will not share proprietary business or financial information provided by the Client without consent.
10.2. The Client agrees not to share The Studio's creative strategies, proposals, or methodologies without consent.
10.3. These obligations do not apply where disclosure is required by law, necessary for third-party service providers operating under confidentiality obligations, or where the information is already in the public domain.
11. Showcasing Work
11.1. The Studio reserves the right to display completed work in its portfolio, on its website, or across social platforms, unless a Non-Disclosure Agreement (NDA) has been signed.
11.2. The Client may request exclusion from the portfolio at any time by providing written notice.
12. Customer Data
12.1. The Client is responsible for maintaining backups of any materials shared with The Studio.
12.2. The Studio will take reasonable care in handling client-provided assets but is not liable for data loss.
12.3. For information on how we collect, use, and protect personal data, please refer to our Privacy Policy at thejellystudios.com/privacypolicy.
13. Interruptions
13.1. In the event of delays due to external circumstances, The Studio will notify the Client and adjust timelines accordingly. No liability will be assumed for interruptions beyond The Studio's reasonable control.
14. Dispute Resolution
14.1. This Agreement is governed by the laws of the Republic of South Africa.
14.2. In the event of a dispute, the parties shall follow this escalation process:
Step 1 – Informal Discussion: Good-faith discussions between representatives.
Step 2 – Escalation: Written escalation to a senior representative, allowing up to five (5) business days.
Step 3 – Mediation: Referral to an independent mediator within ten (10) business days of failed escalation.
Step 4 – Arbitration: Binding arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA).
14.3. Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
15. Limitation of Liability
15.1. The Client indemnifies The Studio against all costs, claims, losses, and expenses arising from the provision of services, except where The Studio has acted negligently or breached this Agreement.
15.2. The Studio shall not be liable for delays or non-performance caused by circumstances beyond its reasonable control, provided it notifies the Client as soon as reasonably possible.
15.3. The Studio's total liability shall not exceed the total amount paid by the Client in the twelve (12) months prior to a claim. The Studio is not liable for indirect or consequential losses, including loss of profits or reputational harm.
15.4. The Client agrees to indemnify The Studio against all third-party claims arising from improper use or unauthorised modifications of deliverables.
16. Modifications to Terms
16.1. The Studio may update these Terms at any time. Clients will be notified via email, website update, or direct communication for material changes affecting ongoing projects. Continued use of our services constitutes acceptance of updated terms.
Contact
The Jelly Studios (Pty) Ltd
Attn: Nabila Moolla, Co-Founder
Email: nabila@thejellystudios.com
Website: thejellystudios.com
By engaging our services or making a payment, you confirm that you have read, understood, and agreed to these Terms of Service.
© 2026 The Jelly Studios (Pty) Ltd. All rights reserved.