Blackdot Studios
By accessing, registering for, or using any Blackdot Studios service in any capacity, you enter into a legally binding contract with Blackdot Studios and agree to be bound by this Agreement in full.
Acceptance of these Terms occurs when you:
If you are accepting on behalf of a company, organisation, or other legal entity, you represent and warrant that you have full authority to bind that entity to this Agreement. If you do not have such authority, you must not accept these Terms or use the Services.
These Terms and Conditions apply universally to all Blackdot Studios entities, platforms, and operations, including:
Where a specific product or subsidiary has its own supplementary terms, those terms apply in addition to and, where there is a conflict, will be interpreted alongside this Agreement, unless the supplementary terms explicitly state otherwise and are signed in writing by an authorised representative of Blackdot Studios.
To use Blackdot Studios services, you must meet all of the following eligibility requirements:
If you are a minor (under 18), access to our services is permitted only with documented parental or guardian consent submitted in writing to Blackdot Studios prior to use. We reserve the right to request proof of age or authorisation at any time and to suspend accounts pending verification.
Blackdot Studios provides creative, digital, and technology services including but not limited to graphic design, web development, brand strategy, digital product development, SaaS platforms, consulting, content production, and managed services. The specific features and deliverables of any engagement are detailed in the relevant project agreement, proposal, statement of work, or service description.
Blackdot Studios aims to maintain high availability across its platforms but does not guarantee uninterrupted or error-free access. We reserve the right to:
Blackdot Studios continuously evolves its services. Features may be added, altered, or removed. Where a change materially impacts a paid service, we will endeavour to provide at least 14 days’ prior written notice. Continued use of the service after such notice constitutes acceptance of the modification. Where a service is discontinued entirely, affected clients will be notified in writing with a minimum 30-day notice period where possible.
For bespoke project engagements, the scope of work, timeline, payment schedule, and deliverables will be defined in a separate written agreement (proposal, quote, or statement of work). In the event of any conflict between such a document and these Terms, the project-specific document shall prevail only to the extent of the conflict, and only where it is signed by an authorised representative of Blackdot Studios.
All payments for Blackdot Studios services are subject to the following terms. By making a payment, you confirm your acceptance of these billing conditions in full.
| Payment Type | Trigger / Condition | Default Due Date |
|---|---|---|
| Deposit / Upfront Payment | On acceptance of proposal or quotation | Due immediately; work commences upon receipt of cleared funds |
| Milestone Payment | On completion and sign-off of agreed project phase | Net 7 calendar days from milestone invoice date |
| Final Payment | On project delivery or handover | Due before final files or access credentials are released |
| Monthly Retainer | Start of each billing month | 1st of each month unless otherwise agreed in writing |
| Subscription (SaaS / Platform) | Recurring billing cycle renewal | Automatically charged on renewal date to nominated payment method |
| Ad Hoc / Out-of-Scope Work | On completion of additional approved scope | Net 7 calendar days from invoice date |
| Hosting / Maintenance Fee | Monthly or annual, as per agreement | As invoiced; annually billed plans due on renewal date |
All payments for Blackdot Studios services are subject to the following terms. By making a payment, you confirm your acceptance of these billing conditions in full.
| Payment Type | Trigger / Condition | Default Due Date |
|---|---|---|
| Deposit / Upfront Payment | On acceptance of proposal or quotation | Due immediately; work commences upon receipt of cleared funds |
| Milestone Payment | On completion and sign-off of agreed project phase | Net 7 calendar days from milestone invoice date |
| Final Payment | On project delivery or handover | Due before final files or access credentials are released |
| Monthly Retainer | Start of each billing month | 1st of each month unless otherwise agreed in writing |
| Subscription (SaaS / Platform) | Recurring billing cycle renewal | Automatically charged on renewal date to nominated payment method |
| Ad Hoc / Out-of-Scope Work | On completion of additional approved scope | Net 7 calendar days from invoice date |
| Hosting / Maintenance Fee | Monthly or annual, as per agreement | As invoiced; annually billed plans due on renewal date |
All invoices will be issued electronically to the email address linked to your account or as specified in your project agreement. You are responsible for keeping billing contact details current. Blackdot Studios will not be responsible for invoices not received due to outdated contact information or spam filtering.
For project-based engagements, Blackdot Studios requires a non-refundable deposit of between 30% and 50% of the total quoted project value before any work is initiated. The specific deposit percentage is stipulated in the project proposal or quotation. No work will commence until the deposit is received as cleared funds.
Deposits are non-refundable once work has commenced, as they cover time, research, resource allocation, and all preparatory work undertaken by Blackdot Studios on your behalf.
Where Blackdot Studios is registered as a VAT vendor, VAT will be levied at the applicable rate and reflected on all tax invoices. It is your responsibility to determine and meet any additional tax obligations that may arise in your own jurisdiction. Blackdot Studios accepts no liability for tax implications arising from the use of its services in jurisdictions outside South Africa.
Blackdot Studios takes payment obligations seriously. The following provisions apply to all subsidiaries and service lines in the event of late or failed payment.
Any invoice not settled by its due date will accrue interest at a rate of 2% per month (24% per annum) or the maximum permissible rate under the National Credit Act 34 of 2005 or any other applicable legislation, whichever is lower, calculated on the outstanding balance from the due date until full payment is received. Interest compounds monthly.
Blackdot Studios reserves the right to suspend access to any or all services without further notice, including platform access, hosting, maintenance, API access, and support, in the event of:
Blackdot Studios will make reasonable attempts to notify the client prior to suspension via the registered email address. However, we are not obligated to provide advance notice where payment is significantly overdue or where continued service poses material financial risk to the Company.
Service suspension does not release you from any payment obligations accrued up to and including the suspension date. All outstanding amounts remain due and interest continues to accrue during periods of suspension.
Blackdot Studios exercises a lien over all deliverables, source files, design assets, code repositories, domain credentials, hosting access, and completed work product until all outstanding invoices and accrued interest are paid in full. No deliverables will be released, transferred, or made accessible to the client while any amount remains outstanding.
If you initiate a chargeback or payment reversal through your bank or payment provider without first raising a formal dispute with Blackdot Studios in writing, we reserve the right to:
Accounts overdue by more than 30 calendar days from the invoice due date will be subject to the following escalation process:
All costs incurred by Blackdot Studios in recovering overdue amounts, including legal fees on an attorney-and-own-client scale, collection agency fees, tracing fees, and court costs will be added to and form part of the recoverable debt.
Blackdot Studios reserves the right to blacklist persistent non-payers from future engagement across all its platforms, subsidiaries, and affiliated entities. Such parties will be required to pay in full upfront for any future services, at Blackdot Studios’ sole discretion.
Where an account remains overdue for more than 60 calendar days, Blackdot Studios may, at its sole discretion, terminate the agreement and all associated accounts permanently. Upon such termination:
Blackdot Studios operates a limited refund policy as set out below. All refund requests must be submitted in writing to the billing contact within the applicable timeframe.
| Scenario | Refund Eligibility | Notes |
|---|---|---|
| Deposit paid; no work commenced | Eligible | Full refund less any bank or processing fees incurred |
| Deposit paid; work has commenced | Not Eligible | Deposit is non-refundable once work begins |
| Milestone payment — milestone delivered and accepted | Not Eligible | Payments for accepted deliverables are non-refundable |
| Subscription — unused days after cancellation | Not Eligible | Access continues to period end; no pro-rata refund |
| Duplicate charge or billing error by Blackdot Studios | Eligible | Full refund of the duplicate or erroneous amount within 14 days |
| Service not rendered due to Blackdot Studios' fault | Eligible | Pro-rata or full refund at Blackdot Studios' discretion |
| Annual subscription — cancelled within 7 days and no usage | Eligible | Full refund if no usage has occurred within the cooling-off period |
Where Blackdot Studios cancels a service or engagement without cause, a pro-rata refund of prepaid fees for services not yet rendered will be issued within 14 business days. Blackdot Studios will not be liable for any consequential or indirect losses arising from such cancellation.
To the extent that you qualify as a consumer under the South African Consumer Protection Act 68 of 2008, your statutory rights under that Act remain unaffected by this refund policy. Where any provision of this policy conflicts with your CPA rights, the CPA shall prevail to the extent of the conflict.
Blackdot Studios reserves the right to revise pricing for any of its services at any time, subject to the following notice requirements:
Clients on fixed-term contracts will be subject to rates agreed at signing for the contract duration. Annual escalations, where applicable, will be as specified in the contract, typically not exceeding CPI + 3% unless otherwise agreed.
Blackdot Studios will never ask for your password via email, phone, or support ticket. Any such request should be treated as fraudulent and reported to support@blackdotstudios.co.za immediately.
You agree to use Blackdot Studios services solely for lawful purposes and in a manner consistent with this Agreement and all applicable laws. The following activities are strictly prohibited across all Blackdot Studios platforms and subsidiaries:
Blackdot Studios reserves the right to investigate any suspected breach of this policy and to take action up to and including immediate account termination, reporting to law enforcement, and civil or criminal legal proceedings.
All intellectual property rights in and relating to the Blackdot Studios Platform, including software, code, design systems, brand assets, logos, trademarks, service marks, written content, proprietary methodologies, and visual identities, are and remain the exclusive property of Blackdot Studios or its licensors. No provision of this Agreement transfers any IP ownership to you.
Blackdot Studios grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your personal or internal business purposes, subject to your compliance with this Agreement. This licence expressly excludes the right to sublicense, resell, or commercially exploit the Platform or any of its content in any form.
The “Blackdot Studios” name, logo, and all associated marks are trademarks of Blackdot Studios. You may not use these marks in any form without prior written approval, including in domain names, marketing materials, or social media handles.
Where our Platform permits you to submit, upload, or publish content (“User Content”), the following applies:
Our Platform may integrate with, link to, or facilitate access to third-party websites, services, APIs, payment gateways, or tools. Blackdot Studios does not own, operate, or control these services.
To the fullest extent permitted by applicable South African law:
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under South African law.
To the maximum extent permitted by law, Blackdot Studios and its subsidiaries, affiliates, directors, officers, employees, contractors, and agents shall not be liable to you for:
In all circumstances, Blackdot Studios’ total aggregate liability for any and all claims arising out of or related to this Agreement shall not exceed the total fees paid by you to Blackdot Studios in the three (3) calendar months immediately preceding the event giving rise to the claim, or R5,000 (ZAR), whichever is the greater amount.
You agree to indemnify, defend, and hold harmless Blackdot Studios, its subsidiaries, affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees on an attorney-and-own-client scale) arising out of or relating to:
Blackdot Studios reserves the right to assume exclusive control of the defence of any matter subject to your indemnification obligation, at your expense, in which event you agree to cooperate fully with Blackdot Studios in asserting all available defences.
You may terminate your account or discontinue use of any Blackdot Studios service at any time, subject to applicable notice periods and outstanding payment obligations as set out in Sections 7 and 8. Termination does not extinguish any financial obligations incurred prior to the termination date.
Blackdot Studios may suspend or permanently terminate your account and access to all services immediately, with or without prior notice, if:
This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:
You consent to the non-exclusive jurisdiction of the South African courts for all legal matters arising from this Agreement. This does not prevent Blackdot Studios from seeking urgent or interim relief, including interdicts in any court of competent jurisdiction within or outside South Africa.
To the maximum extent permitted by applicable law, all disputes must be brought on an individual basis only. You may not bring or participate in any class action, collective action, or representative proceeding against Blackdot Studios.
Blackdot Studios reserves the right to amend, update, or replace these Terms and Conditions at any time. The following applies:
All formal notices, legal communications, or written requests arising from this Agreement must be addressed in writing to the appropriate Blackdot Studios contact as follows:
Email notices are deemed received on the next business day following transmission, provided no delivery failure is returned. Blackdot Studios will send all notices to the email address registered on your account. You are responsible for ensuring that address remains current and active.
