Terms of Service

Last updated: June 2026

1. Agreement to Terms

By accessing or using the website sweetphoenix.co.za or engaging the services of Sweet Phoenix Creations PTY Ltd ("Sweet Phoenix", "we", "us", "our"), you agree to be bound by these Terms of Service and all applicable South African laws and regulations. If you do not agree to these terms, you may not use this website or our services.

2. Services

Sweet Phoenix Creations provides digital services including but not limited to:

• Mobile application development (Android, iOS)
• Web development and SaaS platform development
• UI/UX design and branding
• E-commerce solutions
• Digital consulting and strategy

Specific terms for each project engagement will be detailed in a written Service Agreement or Statement of Work (SOW), which takes precedence over these general Terms where they conflict.

3. Payment Terms

Unless otherwise specified in a written agreement:

• Projects are structured as 50% deposit upfront, 25% at project midpoint, and 25% on delivery
• Payment is due within 7 business days of invoice
• Late payments incur interest at the prime lending rate plus 2% per month
• Work may be paused on accounts with outstanding balances older than 14 days
• We accept EFT, PayFast, and Paystack

4. Intellectual Property

Upon receipt of full payment:

• Custom design work and code created specifically for your project is transferred to you under a perpetual, non-exclusive licence
• Sweet Phoenix retains the right to display completed work in our portfolio (unless you request confidentiality in writing)
• Third-party libraries, frameworks, and assets used in your project are subject to their respective licences
• Pre-existing tools, templates, or code developed by Sweet Phoenix remain our intellectual property

5. Project Delivery

Timelines are estimates provided in good faith. Delays may occur due to:

• Late provision of client content, assets, or feedback
• Scope changes requested after project commencement
• Technical dependencies or third-party service issues
• Force majeure events

Significant scope changes will be documented in a Change Request and may affect timeline and cost. Scope creep without written agreement is not billable.

6. Client Responsibilities

To ensure successful project delivery, clients are expected to:

• Provide timely feedback within agreed review periods (typically 5 business days)
• Supply required content, credentials, and assets promptly
• Ensure they have the rights to any content they provide to us
• Designate a single point of contact for project communications

7. Warranties and Disclaimers

We warrant that our services will be performed with reasonable skill and care. We provide a 30-day bug-fix warranty after project delivery, covering defects in our work that were not present at time of acceptance.

We do not warrant that our services will be uninterrupted or error-free, or that third-party integrations (payment gateways, APIs, hosting) will remain available or unchanged.

THE WEBSITE AND ANY CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

8. Limitation of Liability

To the maximum extent permitted by South African law, Sweet Phoenix Creations shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services or website. Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. Confidentiality

We treat all client information as confidential. We will not disclose your business information, project details, or trade secrets to third parties without your consent, except as required by law. We expect the same standard of confidentiality from clients regarding our proprietary methodologies and tools.

10. Termination

Either party may terminate a service agreement with 14 days written notice. Upon termination:

• All work completed to date is billable at the agreed rate
• Work in progress will be delivered in its current state
• Deposits are non-refundable for work already commenced

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to this page. Continued use of our services constitutes acceptance of updated Terms.

13. Contact

For questions about these Terms, please contact us at info@sweetphoenix.co.za or +27 71 592 9220.