LiloCre8tive (Pty) Ltd
Registration Number: 2021 / 730717 / 07
Jurisdiction: Johannesburg, Gauteng, South Africa

TERMS & CONDITIONS OF SERVICE

1. Framework & Binding Agreement

This document outlines the standard Terms and Conditions governing all digital, creative, technical, and marketing services provided by LiloCre8tive (Pty) Ltd (hereinafter referred to as ‘the Company‘, ‘we‘, ‘us‘, or ‘our‘) to the client specified in our official proposals or invoices (hereinafter referred to as ‘the Client‘, ‘you‘, or ‘your‘).

By signing a project proposal, paying an invoice, or instructing the Company to begin work, the Client agrees to be completely bound by these Terms and Conditions, which operate as a master legal framework alongside any specifically issued Scope of Work (SOW).

2. Payment Terms & Financial Architecture

Custom Software & Web Engineering (Web Apps, Plugins, Standard & eCommerce Websites)

• Upfront Commitment Deposit:  A commitment deposit equivalent to exactly fifty percent (50%) of the total quoted project value must be cleared in our bank account before any strategic discovery, structural planning, or engineering environments are initialised.
• Pre-Launch Balance Lockout:  The remaining fifty percent (50%) final balance must be paid and fully cleared in our account at least forty-eight (48) hours prior to the scheduled live server deployment, domain mapping, or public launch of the digital asset. We will strictly not publish or release any production-ready code while an open balance exists.

2. Creative Visuals & Graphic Design Asset Lockout

• Strategic Design Deposit Framework: All specialised graphic design workflows, brand architectures, corporate identities, interactive mockups, and UI design layers require an upfront non-refundable 50% commitment fee.
• Source File Asset Lockout: The Company issues high-fidelity raster mockups, watermarked proofs, or low-resolution previews during creative iterations. The release of master source files, unwatermarked production files, vector documents (.AI, .EPS, .SVG), and raw structural layers is strictly withheld until the remaining 50% financial balance has cleared.

Graphic Design Services

• Upfront Design Fee:  A non-refundable fifty percent (50%) production deposit is mandatory before any conceptual drafting, mood boards, or creative ideation begins.
• Deliverable Release Lock:  The remaining balance must be paid in full before any final, raw source files, print-ready PDFs, vector elements (.AI, .EPS), or un-watermarked high-resolution creative assets are transferred or licensed to the Client.

Monthly Retainer Packages (Maintenance, Digital Marketing, SEO, AEO, Social Media)

• Advance Billing Model:  All monthly retainer configurations are structurally packaged as recurring, advance-billed agreements. Invoices are generated monthly and are strictly payable in advance.
• Hard Calendar Deadline:  Payment must clear into our designated accounts on or before the 25th day of each calendar month to secure production and marketing allocations for the immediately following month’s operational cycle.
• Automatic Service Suspension:  If payment is not cleared by the 25th of the month, all active ad campaigns, routine search optimisations, content distributions, and server updates will be automatically paused. The Company is explicitly indemnified against any loss of ranking, ad optimisation efficiency, or website traffic resulting from such financial freezes.

3. Strictly Non-Refundable Capital Outlays

• Certain operational outlays represent immediate, immutable physical or third-party purchases that the Company cannot claw back. The following categories are strictly non-refundable under all circumstances and are excluded from any standard project calculations:

• Calendar Month Written Cancellation Rule: To terminate any recurring retainer package, the Client must deliver a formal written notice via electronic mail. Cancellations operate strictly on a calendar-month notice basis. This means termination takes effect at the end of the subsequent calendar month following the month notice was given (e.g., notice on November 10th means services continue and are billable until December 31st). No pro-rata refunds are given.

4. User Acceptance Testing (UAT) & Client Sign-off

• 7-Day Review Window:  Upon development completion, the Company will deliver a private staging or preview build to the Client for evaluation. This marks the start of a strict seven (7) calendar day User Acceptance Testing window.
• Explicit Bug Logging:  The Client must systematically evaluate the build and submit a centralised, consolidated log of functional bugs, formatting issues, or structural deviations based on the original Scope of Work.
• Deemed Automatic Sign-off:  If the Client fails to provide a written bug log or fails to respond within seven (7) calendar days, the delivered digital asset will be deemed completely accepted, finalised, and signed off. Any work requested after this 7-day window will be billed separately at the Company’s standard hourly modification rates.

5. Termination & Notice Periods

• Fixed Project Cancellations:  Either party may terminate a project-based development contract prior to completion by providing written notice. In such events, the 50% commitment deposit remains non-refundable, and the Client will be billed for all accumulated hours exceeding the deposit value.
• Recurring Monthly Retainer Cancellation:  To cancel ongoing monthly retainers (Website Maintenance, SEO, AEO, Digital Marketing, or Social Media), the Client must submit formal written notice via email. Termination is subject to a strict calendar month notice structure. For example, if notice is served on any day during Month A, the contract remains fully active and billable through to the end of Month B.

6. Client Intellectual Property Warranty & Title Retention

• Client Intellectual Property Warranty:  The Client explicitly warrants that all brand imagery, copy, typography, data frameworks, and strategic files supplied to the Company for integration are fully owned by the Client or possess clear, authorised commercial licenses. The Client indemnifies LiloCre8tive (Pty) Ltd in full against any copyright infringement lawsuits, regulatory penalties, or legal fees arising from files provided.
• Retention of Title (Asset Lock):  All custom code configurations, design layouts, digital architectures, database environments, and concepts engineered by the Company remain the exclusive proprietary property of LiloCre8tive (Pty) Ltd. Title, ownership, and intellectual property usage rights transfer to the Client only when all outstanding balances read zero.

7. Governing Law & Dispute Resolution

This agreement, its operational mechanics, and any disputes arising out of its execution are governed exclusively by and must be interpreted in absolute accordance with the laws of the Republic of South Africa.

The Client consents and submits explicitly to the exclusive jurisdiction of competent courts located in Johannesburg, Gauteng, South Africa, for the resolution of any litigation, transactional disputes, or contract enforcement actions.