Terms of Service
Plain-language summary: Fixed quotes, 50% deposit, you own everything on final payment, we protect your data, and neither of us gets surprised. The detail below makes that legally solid.
1. Who we are
ARTEFX is a digital product studio operated by KTH Tech ("we", "us"), a company registered in the Republic of South Africa. These terms govern all quotes, proposals, and work delivered under the ARTEFX name. By accepting a quote or paying a deposit, you ("the Client") agree to these terms.
2. Quotes & scope
- All quotes are fixed-price and itemise the deliverables in scope. Quotes are valid for 30 days.
- Work not listed in the quote is out of scope. Scope changes are quoted in writing and only proceed on your written acceptance.
- Consultations are free. Paid audits are billed as quoted, with the fee credited toward any resulting build engaged within 60 days.
3. Payment
- 50% deposit secures your build slot and starts the work; the remaining 50% is due on delivery, before production go-live and handover.
- Larger projects may be split into written milestones, each invoiced on demonstrated completion.
- Invoices are payable within 7 days in ZAR by EFT or card. Card payments are processed by Peach Payments; your card details are entered directly into their secure checkout and are never received or stored by us. Fixed-price items may be paid immediately on this website.
- Overdue amounts accrue interest at 2% per month, and we may pause work on overdue accounts.
- Deposits are non-refundable once design or development work has commenced, except where we fail to deliver as quoted.
- All prices are in South African Rand and include VAT where applicable. Quotes shown as "on consultation" are confirmed in writing before any work begins.
4. Paid scans, audits & reviews
- The AI Readiness Snapshot (R997), full-site audit (R4,500), and per-page review (R650/page) are paid, standalone deliverables — reports, not builds. They are payable up front.
- Stated turnaround (48 hours for the Snapshot and full audit) runs from receipt of payment and a working, publicly reachable URL. Sites behind logins, firewalls, or staging passwords need access arranged first, which pauses the clock.
- Findings are our professional opinion based on what is observable at the time of the scan. We do not warrant that a report identifies every issue, and a report is not a security certification or legal compliance audit.
- Fee credit: the fee paid for a scan, audit, or review is credited in full against a build engaged with us within 60 days of report delivery. The credit is not redeemable for cash and applies to one engagement only.
- By submitting a URL you confirm you are authorised to have that site scanned.
5. Discounts & promotional codes
- Promotional codes (including those distributed by QR code or link) are issued by us and apply only to the discount stated on the code.
- One code per project. Codes cannot be combined with each other or with the scan fee credit, are not exchangeable for cash, and carry no value if a project does not proceed.
- A code must be presented at the time of quoting. It cannot be applied retrospectively to a quote already accepted or an invoice already issued.
- We may withdraw or expire any code at any time before it is applied to an accepted quote.
6. AI agents & AI-assisted deliverables
- Where we build an AI agent for you, it is configured on content and rules you supply or approve. AI systems can produce incorrect or unexpected output; we build in human-handover rules, but you remain responsible for what your agent says to your customers and for reviewing its behaviour after launch.
- AI agents depend on third-party model providers (such as Anthropic or OpenAI). Their availability, pricing, and terms are outside our control and are passed through to you; changes by a provider may require reconfiguration, quoted separately.
- The included tuning window (as stated in your quote) covers corrections to configuration and behaviour. Adding new capabilities is a change request.
- Where we use AI tools in producing any deliverable, the output is reviewed by us and delivered under the same warranty as the rest of your project.
7. Timelines & delivery
- Delivery dates are committed in writing at kickoff and assume timely delivery of Client content, feedback, and approvals.
- Client-side delays (late content, delayed sign-off) extend the timeline day-for-day and may require re-slotting.
- "Delivery" means the deliverables are deployed to staging or production and materially conform to the quoted scope.
8. Revisions & acceptance
- Each project includes the revision rounds stated in its quote (typically two design rounds and one post-build round).
- You have 7 days from delivery to report defects. Defects — behaviour that contradicts the quoted scope — are fixed free. New requests are change requests.
- Deliverables are deemed accepted on written approval, on production go-live, or 14 days after delivery if no issues are raised — whichever comes first.
9. Intellectual property
- On receipt of final payment, all rights in the bespoke code, designs, and content we created for you transfer to you.
- We retain rights to pre-existing tooling, libraries, and generic components we bring to every project, licensed to you perpetually and royalty-free as embedded in your deliverables.
- Third-party and open-source components remain under their own licences, which we select for commercial compatibility.
- You warrant that content you supply doesn't infringe third-party rights, and you indemnify us against claims arising from supplied content.
- We may reference the project (name, screenshots, summary) in our portfolio unless you request otherwise in writing.
10. Hosting, domains & third parties
Where we arrange hosting, domains, email, or third-party services (payment gateways, APIs), these are governed by those providers' terms and fees, which we pass through at cost unless included in a retainer. We are not liable for third-party outages, but on a retainer we manage recovery for you.
11. Support & retainers
Each project includes the support window stated in its tier (30–90 days) covering defects and minor assistance. Ongoing maintenance, monitoring, backups, and priority response are available under monthly retainers, terminable by either party on one calendar month's written notice.
12. Confidentiality & data protection
- Both parties keep each other's non-public information confidential.
- We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy.
- Where we process personal information on your behalf inside a product we build, we act as your operator under POPIA and process it only on your instructions with appropriate safeguards.
13. Warranties & liability
- We warrant deliverables will materially conform to the quoted scope for 90 days after delivery.
- Except as required by law (including the Consumer Protection Act where applicable), all other warranties are excluded. Software is provided without a guarantee of uninterrupted or error-free operation.
- Our total aggregate liability for any claim is limited to the fees you paid for the project giving rise to the claim. Neither party is liable for indirect or consequential loss, including lost profits or data, to the extent permitted by law.
14. Cancellation
- You may cancel on written notice. Work completed to date (plus non-recoverable commitments) is invoiced against the deposit; any unused balance of payments beyond that is refunded.
- We may cancel if invoices remain unpaid 30 days past due or the project is Client-suspended for over 60 days; the same settlement applies.
15. General
- These terms are governed by South African law; the parties consent to the jurisdiction of the South African courts.
- Disputes go first to good-faith negotiation, then mediation, before litigation.
- If any clause is unenforceable, the rest survive. These terms plus your quote form the entire agreement and supersede prior discussions.
- We may update these terms; the version linked in your quote at acceptance governs your project.
16. Contact
Questions about these terms: enterprise@kth-tech.com