These Terms and Conditions ("Terms") set out the agreement between Lisa Bailey Studio ("the Studio", "we", "us") and the client engaging our services ("you", "the Client"). By approving a proposal, paying a deposit, or otherwise engaging the Studio, you accept these Terms in full.
SCOPE OF WORK
Every project begins with a written proposal or quote describing the deliverables, timeline, and fees. That document, together with these Terms, forms the full agreement. Work outside the agreed scope is treated as a change request under Section 6.
PAYMENTS
All fees are quoted in South African Rand (ZAR) and payable via Credit Card (Stripe), Wise or Internet Bank Transfer. Unless otherwise agreed in writing: half the project fee is due to secure your place in the schedule, and the remaining balance is due before final files are delivered or the site is launched, whichever comes first. Standalone invoices are due within 14 days of issue. Accounts more than 7 days overdue may attract a late fee of 20% of the invoice value, and further work may pause until the account is settled.
PROPOSAL
Quotes are based on the brief you provide at the time. They're valid for 21 days; after that, we may need to re-check pricing before confirming. A quote is not a guarantee of a specific start or finish date that's confirmed once a deposit is paid and a slot is booked.
BOOKINGS
Your project slot is only confirmed once the deposit has been received. Deposits are non-refundable, as they hold your place in the schedule and mean we turn away other work to make room for you. Once it's paid, we'll be in touch to lock in a start date and next steps.
TIMELINES
Projects move at the pace of the information, content, and feedback we get from you. If something we need from you is late, your delivery date moves back by the same amount of time, we'll flag this as soon as we notice it. Delays caused by events outside either party's reasonable control (illness, natural events, power or internet outages, and similar) extend the timeline without penalty to either side.
CHANGES TO SCOPE
If you'd like to add something that wasn't in the original brief, send a written description of what you need. We'll come back with a revised timeline and fee for the additional work, billed at R550. We won't start on scope changes until you've confirmed the new fee in writing.
WORKING OUTSIDE OF THE NORMAL HOURS
If you need something turned around faster than our standard timeline allows, including work requested for evenings, weekends, or public holidays, we'll do our best to accommodate it, but it will carry a rush fee of 15% on top of the relevant portion of the project, to reflect the other clients and commitments being rearranged to make it happen.
REVIEWING AND APPROVING WORK
You'll have 5 business days to review each round of work and send consolidated feedback in writing. We'll return revisions within 10 business days. Each phase includes 2 rounds of revisions at no extra cost; further rounds are billed at R550. If we don't hear back within the review window, we'll treat that stage as approved and move to the next phase.
CONFIDENTIALITY
Anything either of us shares that's reasonably understood to be private business plans, financials, unreleased branding — stays between us, both during the project and after it ends.
NATURE OF THE RELATIONSHIP
The Studio is engaged as an independent contractor, not an employee, partner, or agent of your business, and nothing in these Terms creates that kind of relationship.
NO GUARANTEES
We design and build to a high standard, but we don't promise specific business outcomes (traffic, sales, rankings, etc.) as a result of the work, and services are otherwise provided as they stand, without additional warranties.
EVALUATION AND ACCEPTANCE
Client shall, within ten (10) business days after receiving each deliverable, notify Lisa Bailey Studio in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. Lisa Bailey Studio shall, within ten (10) business days of receiving client's notification, correct and submit a revised deliverable to client. Client shall, within fifteen (15) business days of receiving a revised deliverable, either approve the corrected version or make further changes. If after three (3) refinements or corrections by us, you as the client finds the deliverables not unsatisfactory between both parties, the client may terminate this agreement subject to the termination clauses of this agreement. If client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accepted.
CONFIDENTIAL INFORMATION
All material considered confidential by either party shall be designated as confidential.
RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. Lisa Bailey Studio and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.
NO WARRANTY
Lisa Bailey Studio services are provided on an “as is” basis, and without any warranty or condition, express or implied.
INDEMNIFICATION AND LIABILITY
Client shall indemnify designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of designer are sold “as is.” in all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
PRELIMINARY WORKS
We as the designer shall retains all rights in and to all preliminary works. All designer tools are and shall remain the exclusive property of designer. Designer grants client a nonexclusive, nontransferable, perpetual, worldwide license to use the designer tools solely to the extent necessary with the final deliverables for the project.
SUPPORT SERVICES
Once the final files are sent and website is launched any other revisions are supported at my hourly rate of R550.00. The Designer does not host/maintain/or support the website. The Designer was hired for design and customization.
ALTERATIONS
Alteration of any deliverable is prohibited without the express permission of designer. Lisa Bailey Studio will be given the first opportunity to make the required alterations. Unauthorised alterations shall constitute additional use and will be billed accordingly.
DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney's’ fees and costs in any dispute resolved by binding arbitration or litigation.
CHOICE OF LAW
The agreement herein is governed by the law in force in South Africa and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions. If any of these Terms and Conditions are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
I, the undersigned client, hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I am fully familiar with the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
Questions about these Terms? Reach out at hello@lisabaileystudio.com
