Terms of Service

Origin Burrow provides professional web design, development, and hosting services to businesses globally from our base in Cape Town, South Africa. Our services include but are not limited to:

• Custom website design and development

• Website as a Service (WaaS) model with ongoing hosting and maintenance

• Website optimization and performance improvements

• Technical support and updates

• Third-party service integration

Our Demo-First Approach: We build you a demo website before any payment commitment. You see exactly what you're getting before making a financial decision. The demo remains active for 30 days, after which you may choose to proceed with the full project or decline with no obligation.

By accessing our website, submitting a contact form, or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you may not use our services.

We reserve the right to modify these terms at any time. Updated terms will be posted on our website with a revised "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified terms.

For active service agreements, we will provide 30 days' notice of material changes before they take effect.

When you engage our services, we will provide a written proposal outlining:

• Project scope and deliverables

• Timeline and milestones

• Pricing and payment terms

• Revision policy

• Hosting and maintenance arrangements

Both parties must approve and sign this proposal before work begins (except for the free demo phase). The proposal forms part of our legally binding agreement.

Any changes to the agreed scope (scope creep) will require written approval and may result in adjusted timelines and pricing.

To ensure successful project delivery, you agree to:

• Provide timely content: text, images, logos, and other required materials

• Grant necessary access: domain registrar, hosting accounts, third-party services

• Respond promptly: to questions, requests for feedback, and approval requests within 5 business days

• Provide honest feedback: during the design and development process

• Meet payment obligations: according to the agreed schedule

Delays caused by late client responses or missing materials may extend project timelines. Projects paused for more than 60 days due to client inaction may be subject to reactivation fees or cancellation.

Ownership and Licensing:

• Client Content: You retain full ownership of all content you provide (text, images, logos, etc.)

• Website Code: Upon full payment, you own the final website code and design specific to your project

• Third-Party Assets: Some designs may incorporate licensed fonts, stock images, or plugins. You receive appropriate licenses for these elements

• Origin Burrow Components: We retain rights to our proprietary frameworks, tools, and reusable components

• Portfolio Usage: We reserve the right to display your completed website in our portfolio and marketing materials unless otherwise agreed in writing

• Open Source: Websites may include open-source components governed by their respective licenses

Until final payment is received, Origin Burrow retains ownership of all work produced. You receive a non-exclusive, non-transferable license to review and approve work in progress.

Standard Payment Structure:

For Website as a Service (WaaS) model:

• Demo Phase: Free (no payment required for initial demo)

• Setup Fee: Due upon project approval (if applicable)

• Monthly Subscription: First month due upon project completion, then monthly thereafter

• Subscription includes: hosting, SSL certificate, updates, maintenance, and support

For One-Time Projects:

• Deposit: 50% of total project cost due upon agreement signing

• Final Payment: 50% due before website launch

Payment Methods: We accept bank transfers (EFT), credit/debit cards, and other methods as agreed.

Late Payments: Invoices are due within 7 days unless otherwise specified. Late payments may incur a 2% monthly interest charge and may result in service suspension or termination.

Refunds: Due to the custom nature of our work, refunds are generally not provided once development begins. However, if you cancel during the demo phase before full project commencement, no payment is required.

Standard Timelines:

• Demo Creation: 48 hours to 5 days from project kickoff

• Full Website Development: 1-3 weeks from approval (depends on scope)

• Revisions: Incorporated within project timeline as agreed

These timelines are estimates and depend on:

• Timely client feedback and approvals

• Content delivery from client

• Project complexity and scope

• Availability of third-party services or integrations

Delays: We will notify you immediately if delays occur due to technical issues or dependencies. Client-caused delays (late content delivery, delayed approvals) extend timelines accordingly.

Launch Process: Websites launch only after your explicit approval. We provide a testing period and address any functionality issues before the official launch.

Our revision policy promotes collaboration while maintaining project boundaries:

Design Phase: Includes up to 3 rounds of design revisions as part of the standard package

Development Phase: Minor text and content changes included; structural changes require scope adjustment

Post-Launch: First 30 days include bug fixes and minor adjustments at no charge

Additional Revisions: Requests beyond the included revisions are billed at our hourly rate (specified in your agreement) or as quoted for larger changes.

Major changes to approved designs or functionality may require a new project proposal and additional fees.

For WaaS Clients:

• We provide reliable hosting on enterprise-grade infrastructure

• Regular updates and security patches applied automatically

• Daily automated backups with 30-day retention

• SSL certificates included and automatically renewed

• 99.9% uptime guarantee (excluding scheduled maintenance)

• Technical support via email with response within 48 hours

For Self-Hosted Clients:

• You are responsible for your own hosting and maintenance

• We can provide recommendations for hosting providers

• Ongoing support and maintenance available as an optional paid service

Maintenance Responsibilities: We handle technical updates and security. You remain responsible for content updates (or can purchase content management services separately).

Our Warranties:

• Professional Quality: We deliver work meeting industry standards

• Functionality: Websites will function as specified in the project scope

• Browser Compatibility: Sites tested in current versions of major browsers

• Mobile Responsiveness: Designs optimized for mobile devices

• Code Quality: Clean, maintainable code following best practices

Disclaimers:

• No Guarantee of Results: We cannot guarantee specific business outcomes, traffic, rankings, or sales

• Third-Party Services: We are not responsible for third-party service failures or changes to their APIs

• Content Accuracy: You are responsible for the accuracy and legality of content you provide

• Downtime: Despite our best efforts, hosting providers may experience occasional unscheduled downtime

Services provided "as is" without warranties beyond those explicitly stated herein. We disclaim all implied warranties to the maximum extent permitted by law.

To the maximum extent permitted by South African law:

• Our total liability for any claim shall not exceed the total amount paid by you for services in the 12 months preceding the claim

• We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, lost data, or business interruption

• We are not liable for damages resulting from your use or inability to use our services, unauthorized access to your data, or third-party actions

• We are not liable for content you provide or third-party services you integrate

Exclusions: These limitations do not apply to liability that cannot be excluded under South African law, such as liability for fraud, gross negligence, or intentional misconduct.

You May Terminate:

• WaaS Subscriptions: With 30 days' written notice; access continues until end of paid period

• During Development: Before project completion (fees for work completed remain due)

We May Terminate:

• For non-payment: After 15 days of invoice due date

• For breach: If you violate these terms materially

• At our discretion: With 60 days' notice (with pro-rated refund for unused services)

Upon Termination:

• You receive final exports of your website files (upon payment of all outstanding fees)

• Hosting services cease (ensure you have alternative hosting arranged)

• Any outstanding payments become immediately due

• We may retain work samples for portfolio purposes unless otherwise agreed

We treat your business information with strict confidence:

• Your confidential business information will not be shared with third parties (except as necessary to provide services)

• We use industry-standard security measures to protect your information

• Our employees and contractors are bound by confidentiality obligations

• We will sign a mutual NDA upon request for sensitive projects

Exceptions: We may disclose information when legally required or to protect our legal rights.

Governing Law: These terms are governed by the laws of the Republic of South Africa, specifically the law applicable in the Western Cape Province.

Dispute Resolution Process:

1. Informal Resolution: Contact us first at hello@originburrow.com to resolve disputes informally

2. Mediation: If informal resolution fails, parties agree to attempt mediation before litigation

3. Jurisdiction: Any legal action must be brought in courts of competent jurisdiction in Cape Town, South Africa

We believe in resolving disputes professionally and efficiently. Most issues can be resolved through open communication.

Force Majeure: We are not liable for delays or failures due to circumstances beyond reasonable control (natural disasters, pandemics, internet outages, etc.).

Independent Contractors: Our relationship is that of independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

Assignment: You may not transfer your rights under this agreement without our written consent. We may assign our rights and obligations to a successor entity.

Severability: If any provision is found unenforceable, the remaining provisions continue in full force.

Entire Agreement: These terms, together with your signed proposal, constitute the complete agreement between parties and supersede all prior agreements.

Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.

Notices: All notices shall be sent to the email addresses provided in the service agreement.

For questions about these Terms of Service:

Email: hello@originburrow.com

Legal inquiries: legal@originburrow.com

Location: Cape Town, South Africa

Business Hours: Monday-Friday, 9:00 AM - 5:00 PM SAST

We aim to respond to all inquiries within 48 hours.