Terms of Service

These terms govern your use of bonolomathabela.com and set out the standard basis on which design, development and hosting work is commissioned from Bonolo Mathabela, operating from 14 Keyes Avenue, Rosebank, Johannesburg, 2196, South Africa.

By using this website you accept the website terms in sections 2 to 6. The engagement terms in sections 7 to 16 apply where you commission work, and are always confirmed in a signed proposal that takes precedence over anything on this page if the two ever conflict.

You may view, download and print pages from this site for your own reference or for the purpose of evaluating whether to commission work. You may not republish material from this site, sell or sub-licence it, reproduce it commercially, or present it as your own.

You agree not to use this site in any way that damages it, interferes with its availability, or is unlawful, fraudulent or harmful.

All text, layout, graphics, code and photography on this site are owned by Bonolo Mathabela or used under licence, and are protected by South African and international copyright law.

Project photography and case study material may include work produced for clients and is published with their permission. Client names, marks and logos remain the property of their respective owners and appear here for identification only.

Content on this site is provided in good faith and for general information. Fees, timelines and availability shown are indicative starting points and do not constitute an offer. Nothing on this site should be relied on as professional advice for a specific situation.

Reasonable effort goes into keeping the site available, but it is provided without any guarantee of uninterrupted access, and it may be changed or withdrawn without notice.

Where this site links to third-party websites (social platforms, collaborators, suppliers), those links are provided for convenience. Bonolo Mathabela has no control over the content or practices of those sites and accepts no responsibility for them. Their terms and privacy policies apply once you leave this site.

To the fullest extent permitted by law, Bonolo Mathabela is not liable for any indirect or consequential loss arising from use of this website, including loss of profits, data or business opportunity.

Nothing in these terms excludes or limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be excluded, including your rights under the Consumer Protection Act 68 of 2008 where it applies.

Work begins when a written proposal is accepted in writing and any deposit specified in it has been received. The proposal sets out the scope, deliverables, phases, fee, payment schedule and dates.

Anything not described in the proposal is out of scope. Additional work is welcome, but it is quoted and agreed in writing before it starts. You will never receive an invoice for something that was not agreed beforehand.

Two rounds of substantive revision are included at each design stage. Further rounds, or changes that revisit a decision already signed off, are billed at the hourly rate stated in the proposal, and you will always be told before that line is crossed.

Approval is given in writing by the single named decision-maker identified at kickoff. Where approval is delayed by more than ten working days, the schedule may be adjusted to accommodate other committed work.

On receipt of final payment, ownership of the final approved deliverables transfers to you in full, including editable source files. Until final payment is received, all rights remain with Bonolo Mathabela.

Concepts, routes and drafts that were not selected remain the property of Bonolo Mathabela and may be developed elsewhere, provided nothing confidential to you is disclosed.

Pre-existing tools, components, templates and methodologies used to produce the work remain owned by Bonolo Mathabela; you receive a perpetual, non-exclusive licence to use them as embodied in your deliverables.

Third-party assets (typefaces, stock imagery, plugins, music) are licensed to you directly by their owners on their own terms, and those licences are your responsibility to maintain.

Unless the proposal says otherwise, Bonolo Mathabela may photograph, publish and describe the completed work in a portfolio, on this website, in social media and in award submissions, and may name you as the client.

Confidential information is never published. If a project must remain private, or private until a launch date, say so before work begins and it will be written into the proposal at no cost.

Either party may end an engagement in writing. If you cancel, the deposit is non-refundable and you are invoiced for all work completed and all third-party costs committed up to the cancellation date. Any work paid for is delivered to you in its current state.

If a project is paused at your request for more than 60 days, it may be re-scheduled against other committed work, and fees may be revised where costs have materially changed.

If Bonolo Mathabela cancels other than for your material breach or non-payment, unused deposit amounts are refunded and reasonable assistance is given in transferring the work to another practitioner.

Work is carried out with reasonable skill and care and in line with accepted professional standards. Websites are covered by a 30-day snag period after launch, and app builds by 60 to 90 days depending on the plan, during which defects in the delivered build are corrected at no charge. Third-party services, platforms and app store policies are outside that warranty, as changes to them are outside anyone's control.

No guarantee is or can be given about commercial outcomes, sales, rankings or audience response. Total liability under any engagement is limited to the fees paid for that engagement, except where liability cannot lawfully be limited.

Both parties will keep confidential any non-public information disclosed during the engagement and will not use it other than to perform the work. This obligation continues for three years after the engagement ends. A separate NDA can be signed on request and will be honoured in preference to this clause where the two differ.

These terms and any engagement are governed by the laws of the Republic of South Africa, and the parties submit to the non-exclusive jurisdiction of the South African courts.

Before any formal proceedings, both parties agree to attempt to resolve the dispute in a direct conversation, and then, if that fails, through mediation by a mediator agreed between them.

If any provision of these terms is found unenforceable, the remainder continues in force.