📋 Service Agreement Contract

WEB SERVICES AGREEMENT

Between Mondisec Web Studios and Client

1. PARTIES TO THE AGREEMENT

Service Provider: Mondisec Web Studios
Address: 53 Von Brandis Street Johannesburg, Gauteng, 2190, South Africa
Email: legal@mondisecwebstudios.co.za
Phone: +27 68 160 8858
Represented by: ___________________________ (Founder / Director)

Client: As detailed in the Agreement Details box above.

2. SCOPE OF SERVICES

Mondisec Web Studios agrees to provide the following services to the Client ("the Project"):

[Select and complete applicable services below]

• ☐ Web Design & Development: Design and build of a ___________ page website with the following features: ___________________________________________
• ☐ Web Hosting: Hosting plan: ___________ (Starter / Business) at R___________ /month
• ☐ Maintenance Plan: ___________ (Basic / Pro / Enterprise) at R___________ /month including: ___________________________________________
• ☐ Other Services: ___________________________________________________________________________

Project Timeline: Estimated start date: ___________ | Estimated completion date: ___________

Total Project Fee (Once-Off): R_________________

Monthly Recurring Fee (if applicable): R_________________ /month

3. PAYMENT TERMS

3.1 Once-Off Projects

For website design and development projects, a non-refundable deposit of 50% is required to begin work. The remaining 50% is due upon project completion, before the website goes live. Final files, source code, and access credentials are released only after full payment is received.

3.2 Monthly Website Plans (No Upfront Build Fee)

Clients on the monthly maintenance plan are not required to pay an upfront website build fee. The monthly fee covers website design, development, hosting, security, SSL certificate, and ongoing maintenance. The website goes live once the first monthly payment is received.

Minimum Commitment: 3 months. If the client cancels before the 3-month period is complete, a once-off build fee of R1,500 or else dependable on the size of website becomes payable to cover the cost of website development. After 3 months, the client may cancel at any time with 30 days' written notice, and no further fees apply. The website remains the property of the client upon completion of the minimum commitment period.

3.3 Monthly Maintenance Services (Existing Websites)

For clients who already have a website and only require maintenance and hosting, monthly fees are billed in advance on the 1st of each month. No minimum commitment applies. Payment is due within 7 days of invoice date. Late payments may result in service suspension after a 14-day grace period. A R150 late fee applies after 30 days of non-payment. Either party may cancel with 30 days' written notice.

3.4 Accepted Payment Methods

We accept EFT (bank transfer), debit/credit cards via secure payment gateway, and selected mobile payment options. All prices are quoted in South African Rand (ZAR) and are subject to change with 30 days' notice.

4. CLIENT RESPONSIBILITIES

The Client agrees to:

• Provide all content (text, images, logos, videos) within 14 days of the project start date, unless otherwise agreed.
• Provide timely feedback on design drafts within 5 business days of submission.
• Ensure all content provided is owned by the Client or properly licensed — Mondisec Web Studios is not liable for copyright infringement resulting from Client-provided materials.
• Maintain the confidentiality of all login credentials provided.
• Notify Mondisec Web Studios of any changes to contact information.

5. INTELLECTUAL PROPERTY & OWNERSHIP

• Upon full payment, the Client owns the visual design, content, and assembled website specific to their project.
• mondisec Web Studios retains ownership of all pre-existing tools, frameworks, code libraries, plugins, and development techniques used across projects.
• mondisec Web Studios retains the right to display the completed project in our portfolio, marketing materials, and case studies, unless otherwise agreed in writing.
• The Client grants mondisec Web Studios a license to use Client-provided materials (logo, content) for portfolio purposes.

6. REVISIONS & SCOPE CHANGES

• The quoted price includes 2 rounds of revisions on the initial design concept.
• Additional revisions beyond this will be billed at R350/hour.
• Any work beyond the agreed scope must be approved in writing (email accepted) and may affect project timelines and costs.

7. HOSTING & UPTIME GUARANTEE

• Mondisec Web Studios guarantees 99.9% uptime for hosted websites.
• In the event uptime falls below this threshold in any calendar month, the Client is entitled to a 10% credit on the following month's hosting fee upon request.
• Mondisec Web Studios is not liable for downtime caused by factors beyond our control (e.g., DDoS attacks, third-party server failures, force majeure events).

8. CANCELLATION & TERMINATION

8.1 By the Client

• Once-off projects: 30 days' written notice. The deposit is non-refundable. Client pays for all completed work up to the termination date.
• Monthly services: 30 days' written notice. Service continues until the end of the current billing cycle.

8.2 By Mondisec Web Studios

• 30 days' written notice. All completed work will be delivered. Unearned fees refunded on a pro-rata basis.
• Immediate termination is permitted if the Client breaches any material term of this agreement and fails to remedy the breach within 14 days.

9. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary, technical, or business information shared during the course of the project, including but not limited to: trade secrets, client lists, pricing structures, business strategies, and login credentials. This obligation survives termination of this agreement indefinitely.

10. LIMITATION OF LIABILITY

• Mondisec Web Studios' total liability for any claim arising from this agreement is limited to the total fees paid by the Client for the specific service giving rise to the claim, in the 6 months preceding the event.
• Mondisec Web Studios is not liable for indirect, consequential, or incidental damages, including but not limited to: loss of revenue, loss of business, or reputational harm.
• The Client indemnifies Mondisec Web Studios against any claims arising from Client-provided content that infringes third-party intellectual property rights.

11. WARRANTIES

Mondisec Web Studios warrants that:

• All work will be performed in a professional manner consistent with industry standards.
• Websites will be responsive across modern browsers (Chrome, Firefox, Safari, Edge).
• Code will be free from malicious software and security vulnerabilities to the best of our knowledge at the time of delivery.

The Client warrants that:

• All content provided is legally owned or properly licensed by the Client.
• The Client is authorized to enter into this agreement on behalf of the organization they represent.

12. DISPUTE RESOLUTION

In the event of a dispute arising from this agreement:

1. Both parties agree to attempt to resolve the dispute through good faith negotiation within 14 days.
2. If negotiation fails, the dispute will be referred to mediation with a mutually agreed mediator in Johannesburg, South Africa.
3. If mediation fails, either party may pursue legal remedies in the courts of the Republic of South Africa.

13. FORCE MAJEURE

Neither party shall be liable for failure to perform obligations under this agreement due to circumstances beyond reasonable control, including but not limited to: natural disasters, acts of war, terrorism, pandemic, internet infrastructure failure, or government action.

14. GOVERNING LAW

This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

15. ENTIRE AGREEMENT

This document constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings. Any modifications must be in writing and signed by both parties. Email confirmations accepted as "in writing" for operational changes.