Terms & Conditions

Last updated: November 2025

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the Fractis Studios website at fractisstudios.com (“the Site”) and the provision of services by Fractis Studios (“we”, “us”, “our”), a creative studio operating from Pretoria, South Africa.

By accessing the Site, submitting an enquiry, or engaging Fractis Studios for any services, you (“the Client”) agree to be bound by these Terms. Where a separate project contract or proposal agreement exists between us, that document governs the specific engagement and these Terms apply as a general framework alongside it. In the event of any conflict, the project contract takes precedence.

 

2. Services

Fractis Studios offers the following creative and digital services:

  • Web design and development
  • Branding and visual identity
  • Digital marketing
  • Motion and video production
  • Photography

The specific scope, deliverables, timeline, and pricing for any engagement are set out in a separate project proposal or contract issued to the Client. Nothing on the Site constitutes a binding offer of services or a guaranteed availability of any specific service.

We reserve the right to decline any project enquiry at our sole discretion, without obligation to provide a reason.

 

3. Enquiries and Project Engagement

Submitting a contact or project enquiry form on the Site does not constitute a binding agreement between you and Fractis Studios. A formal engagement begins only once a written project proposal or contract has been signed or otherwise formally accepted by both parties.

All information provided during the enquiry process is treated confidentially in accordance with our Privacy Policy.

 

4. Payment Terms

Unless otherwise specified in a project contract, the following payment structure applies to all engagements:

Deposit: A non-refundable deposit of 50% of the total agreed project fee is due before any work commences. Work will not begin until this deposit has been received and cleared.

Balance: The remaining 50% of the project fee is due upon completion of the project and prior to final delivery of files, assets, or site launch.

All invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. Late payments may attract interest at a rate of 2% per month on the outstanding balance, and we reserve the right to suspend delivery or access to work until outstanding amounts are settled.

All fees are quoted in South African Rand (ZAR) unless explicitly stated otherwise. International clients are responsible for any applicable currency conversion fees or international transfer charges.

 

5. Intellectual Property

Ownership prior to payment: All creative work, designs, code, photography, motion assets, and other deliverables produced by Fractis Studios remain the intellectual property of Fractis Studios until full and final payment has been received. No licence or transfer of ownership is granted during this period.

Ownership after full payment: Upon receipt of full payment, and unless otherwise agreed in the project contract, ownership of the final commissioned deliverables transfers to the Client. This transfer covers only the final deliverables as specified in the project scope and does not extend to underlying source files, working files, design systems, frameworks, or third-party assets unless explicitly included in writing.

Studio rights: Regardless of ownership transfer, Fractis Studios retains the right to display completed work in our portfolio, on the Site, and across our social media channels for the purposes of self-promotion, unless the Client has made a written request for confidentiality prior to project commencement.

Third-party assets: Where deliverables incorporate licensed third-party assets such as stock photography, fonts, or software, the Client assumes responsibility for maintaining any required licences after delivery. Fractis Studios will advise on any such inclusions during the project.

Collective contributors: Where work is produced with involvement from members of the Fractis collective, all contributor rights are managed internally by Fractis Studios and do not affect the Client’s ownership rights as described above.

 

6. Client Responsibilities

To enable us to deliver work on time and to the agreed standard, the Client agrees to:

  • Provide accurate, complete, and timely information, materials, and feedback as reasonably requested
  • Designate a primary point of contact with authority to approve decisions
  • Respond to review requests and approval queries within a reasonable timeframe, typically 5 business days
  • Ensure that any content, materials, or assets supplied to us do not infringe the intellectual property or other rights of any third party

Delays caused by the Client’s failure to meet these responsibilities may result in revised timelines and, where significant, additional costs. We will communicate any such impacts in writing before proceeding.

 

7. Revisions & Scope

The number of revisions included in any project is specified in the project contract or proposal. Requests for changes that fall outside the agreed scope will be treated as additional work and quoted separately. We will not proceed with out-of-scope work without written agreement on cost and timeline.

A project is considered complete and ready for final payment when it meets the agreed brief and any approved revisions have been delivered. Sign-off by the Client, whether written or by reasonable implication such as publishing or going live, constitutes acceptance of the final deliverables.

 

8. Cancellation

By the Client: If the Client cancels a project after work has commenced, the 50% deposit is non-refundable. If cancellation occurs after more than 50% of the agreed work has been completed, the Client remains liable for a proportional fee reflecting work completed, up to the full project value, as assessed reasonably by Fractis Studios.

By Fractis Studios: We reserve the right to cancel a project if the Client is in material breach of these Terms or the project contract, including non-payment, or if the project requires us to produce content we deem unlawful, unethical, or contrary to our values. In such cases, any deposit paid may be forfeited and no further obligation exists on our part.

 

9. Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of an engagement. This obligation continues for a period of two years following the conclusion of the project. Neither party will disclose such information to third parties without prior written consent, except where required by law.

This clause does not prevent Fractis Studios from displaying completed and publicly launched work in our portfolio as described in Section 5, unless a specific confidentiality arrangement has been agreed in writing.

 

10. Warranties and Limitation of Liability

Fractis Studios warrants that services will be delivered with reasonable skill and care, and that we have the right to provide the deliverables as described.

We do not warrant that the Site or any delivered digital work will be error-free, uninterrupted, or compatible with all devices and software configurations at all times. Web technologies evolve and certain functionality may require ongoing maintenance beyond the scope of the original project.

To the fullest extent permitted by South African law, Fractis Studios’ total liability to the Client for any claim arising from an engagement shall not exceed the total fees paid by the Client for that specific project. We are not liable for any indirect, consequential, or incidental losses including but not limited to loss of revenue, loss of data, or reputational damage.

Nothing in these Terms limits liability for fraud, gross negligence, or any other liability that cannot lawfully be excluded.

 

11. Website Use

The content on fractisstudios.com, including text, graphics, logos, images, and code, is the property of Fractis Studios and is protected by applicable intellectual property law. You may not reproduce, redistribute, or commercially exploit any content from the Site without our prior written consent.

The Site is provided for informational purposes. We make no guarantee as to the accuracy or completeness of any content and reserve the right to modify or remove content at any time without notice.

Links from the Site to third-party websites are provided for convenience only. We do not endorse and are not responsible for the content or practices of any linked sites.

 

12. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or any engagement with Fractis Studios shall be subject to the exclusive jurisdiction of the South African courts, specifically those with jurisdiction in Pretoria, Gauteng.

We encourage resolution of any disputes through direct communication in the first instance. Where a dispute cannot be resolved informally, both parties agree to attempt mediation before pursuing formal legal proceedings.

International clients acknowledge that by engaging Fractis Studios they are contracting under South African law, and agree to this governing law provision.

 

13. Changes to These Terms

We reserve the right to update these Terms at any time. The “last updated” date at the top of this page will reflect any changes. Continued use of the Site or engagement with our services following any update constitutes acceptance of the revised Terms. Clients with active projects at the time of any update will be notified directly of any material changes that affect their engagement.

 

14. Contract

For any questions regarding these Terms, please contact us at:

Fractis Studios Pretoria, South Africa Email: info@fractisstudios.com