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 & StrategyWorkshops & 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: 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: Project ownership and intellectual property rights transfer to the Client only upon 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 paid are non-refundable once the service agreement has been accepted and work has commenced.
4.1.2. Refunds will only be issued in the following circumstances:
- Where The Studio is unable to complete the agreed work due to unforeseen circumstances beyond its reasonable control; and the refund amount will be calculated based on the value of work already completed and delivered to the Client.
4.1.3. The refund calculation will be determined as follows: Total amount paid minus value of work completed and delivered = refundable amount
4.1.4. 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. Notice Period: Either party may terminate the agreement with seven (7) days' written notice.
4.2.2. Client-Initiated Cancellations:
- Clients may cancel the service agreement at any time by providing written notice to The Studio.
- Upon cancellation, the Client remains liable for payment of all work completed up to the date of cancellation.
- No deposit refunds will be issued under any circumstances.
- The Studio will provide an account of work completed within five (5) business days of receiving the cancellation notice.
4.2.3. Studio-Initiated Cancellations:
- The Studio reserves the right to terminate the project and retain ownership of all work if payments are not made on time.
- In the event The Studio is unable to complete the work due to unforeseen circumstances, the Client will be refunded for any portion of work not completed (excluding the non-refundable deposit).
- Unforeseen circumstances include but are not limited to: illness, power outages, internet issues, accident, blockade, labour stoppage, storm, changes in laws or regulations, acts or defaults of common carriers, equipment failure, acts of government or government officials, acts of God, or viral pandemics.
4.2.4. Work Ownership Upon Termination:
- If the agreement is terminated before full payment, The Studio retains full ownership and intellectual property rights to all work created.
- The Client may not use, reproduce, or distribute any work for which full payment has not been received.
4.3. Refund Processing
4.3.1. Approved refunds will be processed within ten (30) business days of resolution or agreement.
4.3.2. Refunds will be issued to the original payment method used for the transaction.
4.3.3. The Client will receive written confirmation once the refund has been processed.
5. Acceptance of work
5.1. Client has three (3) business days to review and request revisions on deliverables.
5.2. If no feedback is received within this period, the work will be considered approved.
5.3. Additional revisions beyond the approved work will be billed at standard hourly rates.
6. Intellectual Property Rights
6.1. Client Rights: The Client receives full rights to all original, custom-designed work upon full payment.
6.2. Studio Ownership: The Studio retains ownership of all tools, templates, and pre-existing design assets used in the creation process.
6.3. Reusable Frameworks: The Studio may reuse general design frameworks across projects, unless otherwise agreed.
6.4. Third-Party Licenses: If a design includes third-party fonts or assets requiring commercial licenses, the Client is responsible for purchasing the licenses. The Studio will inform the Client of any such needs.
7. Client Responsibilities
7.1. The Client agrees to:
- Provide timely feedback, brand assets, and clear direction.
- Understand that delays due to 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 the platforms agreed upon by all parties.
9.2. The Studio is not liable for feedback submitted via 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. Studio Obligations: The Studio will not share proprietary business or financial information provided by the Client without consent.
10.2. Client Obligations: The Client agrees not to share The Studio's creative strategies, proposals, or methodologies without consent.
10.3. Exceptions: Information may be shared when:
- Required by law or legal process.
- Necessary for third-party service providers (under confidentiality obligations).
- Already in the public domain.
11. Showcasing Work
11.1. The Studio reserves the right to display completed work on its portfolio, website, or social platforms, unless a Non-Disclosure Agreement (NDA) has been signed.
11.2. Client may request exclusion from portfolio at any time by providing written notice.
12. Customer Data
12.1. The Client is responsible for maintaining backups of any materials shared.
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 your personal data, please refer to our Privacy Policy at thejellystudios.com/privacypolicy
13. Interruptions
13.1. In case of delays due to external circumstances (e.g., illness, power outages, internet issues, pandemic-related disruptions), The Studio will notify the Client and adjust timelines accordingly.
13.2. No liability will be assumed for such interruptions beyond The Studio's reasonable control.
14. Dispute Resolution
14.1. Governing Law: This Agreement is governed by the laws of the Republic of South Africa.
14.2. Resolution Process: In the event of any dispute arising from this Agreement, the Parties shall follow this escalation process:
Step 1 - Informal Discussion: The Parties shall first attempt to resolve the matter through informal good-faith discussions between their respective representatives.
Step 2 - Escalation: If unresolved after informal discussion, the matter shall be escalated in writing to a senior representative of the other Party for further negotiation. The Parties shall allow up to five (5) business days for this escalation process.
Step 3 - Mediation: Should the dispute remain unresolved, the Parties shall refer the matter to mediation conducted by a mutually agreed independent mediator within ten (10) business days of failed escalation.
Step 4 - Arbitration: If mediation fails, the matter shall be referred to binding arbitration conducted in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA), by an arbitrator agreed to by the Parties, or failing agreement within seven (7) days, an arbitrator appointed by the President of AFSA.
14.3. Interim Relief: Nothing in this clause shall prevent either Party from seeking urgent or interim relief in any court of competent jurisdiction pending the outcome of mediation or arbitration.
15. Limitation of Liability
15.1. Indemnification: The Client hereby indemnifies and holds harmless The Studio in respect of any and all costs, claims, losses, damages, and expenses which may be incurred or suffered by The Studio as a result of or arising out of The Studio carrying out the services, provided that such indemnity shall not apply in circumstances where The Studio has acted negligently, breached the Agreement, or failed to exercise reasonable professional care and skill.
15.2. Studio Responsibility: The Studio remains responsible for exercising due care, skill, and diligence in providing services. The Studio shall not be deemed to be in breach of the Agreement, nor liable to the Client for any resulting delays or non-performance caused by circumstances beyond The Studio's reasonable control, provided that The Studio notifies the Client of such circumstances as soon as reasonably possible.
15.3. Liability Cap: The Studio is not liable for any indirect or consequential losses, including but not limited to loss of profits or reputational harm. Total liability shall not exceed the total amount paid by the Client in the 12 months prior to a claim.
15.4. Third-Party Claims: The Client agrees to indemnify The Studio against all third-party claims arising from improper use or unauthorized modifications of the deliverables.
16. Modification to terms
16.1. The Studio may update these Terms of Service at any time.
16.2. Clients will be notified of significant changes through:
- Email notification to active clients
- Website updates with revised "Last Updated" date
- Direct communication for material changes affecting ongoing projects
16.3. Continued use of our services after notification constitutes acceptance of the updated terms.
Contact Information
For questions or matters related to these Terms of Service, please contact:
The Jelly Studios (Pty) Ltd
Attn: Nabila Moolla, Co-Founder
Email: nabila@thejellystudios.com
Website: thejellystudios.com
Acknowledgment: By engaging our services or making a payment, you acknowledge that you have read, understood, and agreed to these Terms of Service, including the Refund and Cancellation Policy contained herein.
© 2026 The Jelly Studios (Pty) Ltd. All rights reserved.
