Terms of Service
Effective Date: As of 25 October 2021
Welcome to Elle Office Design Studio (“Elle Office,” “Company,” “we,” “our,” or “us”). By accessing or using our website and services, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). Please read them carefully before engaging in any services with us.
1. Services. Elle Office Design Studio offers web design, branding, social media management, and related creative services. Specific details, deliverables, and timelines for each project will be outlined in your Project Agreement, Quote, or Invoice (collectively referred to as the “Project Agreement”).
2. Acceptance of Terms. By accessing our website or using our services, you acknowledge that you have read, understood, and agreed to these Terms. Payment of any retainer or project fee constitutes full acceptance of the Project Agreement, these Terms of Service, and any written or verbal agreements made during consultations or correspondence.
3. Changes to Terms. We reserve the right to modify these Terms at any time without prior notice. Any updates will take effect immediately upon being posted on our website. Continued use of our website or services after changes are posted constitutes your acceptance of those changes.
4. Client Responsibilities. You agree to provide timely feedback, approvals, and all necessary materials required for the project. You must ensure that all text, imagery, and other assets you provide are owned by you or that you have the legal right to use them. You agree to respond to requests for feedback or materials within five (5) business days, unless otherwise agreed. Failure to provide required information or approvals in a timely manner may result in delays, suspension of the project, or additional fees.
5. Payment of Fees. All fees are outlined in your Project Agreement. Payment schedules are binding once accepted. Work will not commence until the agreed retainer or initial deposit has been received. Late payments may incur a 2.5% monthly interest (or the maximum allowed by law) on the outstanding balance. We reserve the right to suspend or terminate work until payment is made in full. All prices are quoted in USD unless otherwise stated.
6. Refund Policy. All retainers, deposits, and initial payments are non-refundable. By committing to your project, we reserve time and resources that could otherwise be allocated to other clients. If you choose to cancel your project, you will be invoiced for all work completed up to the date of termination. If 50% or more of the project scope has been completed, the full project fee will be due. We may, at our discretion, offer to postpone rather than cancel the project if timelines need to be adjusted.
7. Revisions and Approvals. All projects include up to three (3) rounds of revisions per deliverable unless otherwise stated in the Project Agreement. Additional revisions beyond this limit are billed at $65 USD per hour, regardless of whether this is stated in the quote. Once a deliverable is approved (verbally, in writing, or via email), any further requests for changes will be treated as new work and billed at the standard hourly rate.
8. Project Timelines and Delays. Project timelines are provided as good-faith estimates in your Project Agreement. While we strive to meet all deadlines, we are not liable for delays caused by late feedback or asset delivery from the client, scope changes or additional requests, or circumstances beyond our control (e.g., illness, technical issues, force majeure). If a project extends beyond the agreed deadline due to client delay or inactivity, a 10% continuation fee (of the total project fee) will be charged per month until the project is completed. Projects with no communication or progress for 30 days will be considered abandoned and closed. Reopening an abandoned project will require a new quote and deposit.
9. Additional Work and Scope Changes. Any work not expressly included in the approved quote or Project Agreement will be considered out of scope and billed separately. This includes, but is not limited to, additional website pages, layouts, or templates; new design concepts or strategy changes; copywriting, SEO optimization, or content upload beyond the agreed scope; and social media assets beyond the agreed package. All extra work will be billed at $65 USD per hour unless a separate quote is agreed upon in writing.
10. Intellectual Property. All creative work produced by Elle Office Design Studio remains our property until full payment has been received. Upon full payment, you receive ownership of the final approved deliverables for their intended purpose. Rights to any third-party content, fonts, or stock images remain with their original owners. Source files (e.g., layered design files, fonts, code libraries) are not automatically included unless specified and may be subject to an additional fee. Elle Office reserves the right to showcase your project in our portfolio, on our website, and across digital platforms unless otherwise agreed to in writing.
11. Accuracy and Legal Compliance. You, the client, are solely responsible for ensuring that all information, text, imagery, and content provided for your website or project is accurate, lawful, and compliant with all applicable laws and regulations in your country of operation. This includes, but is not limited to, Privacy Policies, Terms of Use/Service, Cookie Policies, industry-specific legal disclosures or disclaimers, marketing claims, testimonials, factual statements, and data protection or copyright compliance. Elle Office Design Studio does not provide legal advice or guarantee the accuracy or legality of any website content, including legal pages or policies. All content must be reviewed and approved by you (and, if necessary, by your legal counsel) before publication. We will not be held liable for any damages, claims, or penalties resulting from inaccurate, misleading, or non-compliant content.
12. Confidentiality. Both parties agree to maintain strict confidentiality regarding all proprietary information, business strategies, materials, and verbal or non-verbal exchanges shared during the course of the project. This includes, without limitation, any discussions, correspondence, or contributions made by individuals connected to either party—such as team members, assistants, contractors, or collaborators—who are part of the project process. Neither party shall disclose, reproduce, or use any confidential information, project details, designs, or strategies for purposes outside the scope of the project without the other party’s prior written consent, except where disclosure is legally required. Elle Office will take all reasonable steps to protect client data and project information.
13. Communication and Conduct. Elle Office Design Studio values professionalism, kindness, and mutual respect in all communications. We reserve the right to terminate a project without refund if abusive, disrespectful, or hostile communication occurs. All communication regarding active projects should take place during business hours (Monday–Friday, 9:00 AM–5:00 PM SAST) unless otherwise arranged.
14. Termination of Services. Either party may terminate the agreement in writing. If terminated by the client, you remain responsible for payment of all completed work. If 50% or more of the project has been completed, the full project fee is payable. If terminated by Elle Office for reasons such as non-payment, lack of communication, or breach of these Terms, all deposits and fees paid will be forfeited.
15. Disclaimers and Limitation of Liability. We make no guarantees regarding the commercial success, conversions, or outcomes of your project once delivered. In no event shall Elle Office Design Studio be liable for any indirect, special, incidental, or consequential damages arising from the use or inability to use our services or website.
16. Governing Law. These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes shall be resolved in Pretoria, South Africa, under applicable local jurisdiction.
17. Page Counts and Scope Clarification. When a Project Agreement or quote lists “suggested pages,” the term refers only to the exact number of pages explicitly listed. No additional pages are implied unless specifically quoted or approved in writing. If a page type is listed in plural form (e.g., “Portfolio Pages”), this shall be interpreted as a maximum of two (2) pages. Pluralisation does not imply an unlimited number of pages. Any additional pages beyond those specified are considered out of scope and billed at $65 USD per hour.
18. Non-Disclosure and Non-Solicitation. Neither party shall, during or within 12 months after the project, directly or indirectly solicit, hire, or engage any employee, contractor, or collaborator of the other party without prior written consent.
19. Credit and Attribution. Elle Office Studio reserves the right to include a small credit in the footer of the website (e.g., “Website by Elle Office Studio”). Removal of the credit may incur an additional fee.
20. Third-Party Integrations and Plugins. We may use third-party tools, software, or plugins. We are not responsible for errors, downtime, or compatibility issues caused by third-party tools. Clients are responsible for licenses and accounts associated with third-party tools post-project.
21. Post-Project Support. After final approval, the project is considered complete. Any future edits, maintenance, or troubleshooting will be billed at $65 USD per hour, unless a separate maintenance agreement is signed.
22. File Retention and Data Storage. Project files will be retained for six (6) months post-project. Clients are responsible for backing up final deliverables; Elle Office is not liable for lost files after this period.
23. Force Majeure. Elle Office shall not be liable for delays or non-performance caused by circumstances beyond our control, including illness, technical failures, natural disasters, or government restrictions.
24. Dispute Resolution. Disputes will first be attempted to resolve amicably through written communication. If unresolved, disputes shall go to binding arbitration in Pretoria, South Africa, under AFSA rules. Legal fees for the party found in breach will be borne by that party.
25. Entire Agreement. These Terms and the Project Agreement represent the entire understanding between Elle Office Studio and the client. No verbal or email discussions are binding unless written and signed.