The following Terms and Conditions apply to all products and services provided by Ostara Studio

 (hereinafter referred to as “Ostara Studio”)

    • Ostara Studio is a business specializing in branding, marketing, and content creation.
    • Content refers to copy, digital designs, print designs, photographs, videos, content for marketing purposes, and content for brand purposes.
    • Ostara Studio will consider the instruction from the Client once a meeting has been attended with the Client.
    • The initial instruction will be at the premises of Ostara Studio offices, the Client’s offices (within a radius of 10km of Blairgowrie), via video call or phone, at a time convenient to all.
    • All necessary and relevant information will be provided to Ostara Studio as the Client deems necessary or as Ostara Studio may require from time to time, including but notwithstanding, brand guide, logos, designs that communicate existing brand or visuals, information regarding the Client’s audience and competitors, that support brief.
    • The purpose is to ensure that Ostara Studio and Clients evaluates and formulates content, planning strategies matching the Client’s requirements and the Client agrees to make such information as may be required by Ostara Studio from time to time.
    • If this information is not provided, the Client will be held accountable for all content and strategies created by Ostara Studio and will thus be accountable to settle the relating account.
    • In the event that a delivery date has not been specified in the initial briefing consultation, payment will be required upon invoice date.
    • Ostara Studio does not offer changes, revisions or variations on content or strategies and plans under the original brief, subject to the terms and conditions set out below. Ostara Studio will not charge for additional changes provided that the revisions have been communicated in the initial consultation and agreed upon in writing. Alternatively, a new quotation for such services is prepared and the Client has accepted such quotation for additional services and such changes will only be released upon payment in full of all outstanding accounts.
    • Upon completion of instruction, the Client will have 3 business days to review content. Ostara Studio offers minor and reasonable changes at no extra cost, which will be discussed and agreed upon before finalisation, alternatively refer to 1.8 above. This may extend the initial delivery date depending on notification of change and time spent on change by Client. Ostara Studio will give the Client notice of change of delivery if this happens by invoicing the additional work.
    • In the event that the Client has not contacted Ostara Studio within the allocated 3 business days, Ostara Studio will accept that the content is in standing order and invoice can be submitted for payment to the Client.


9.1 No work on an instruction will commence until written acceptance of the quotation has been received by Ostara Studio and deposit received.

9.2 Cancellation of services are only accepted via email or by formal notification in writing.

9.3 The Client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first accepting.

9.4 The balance of monies due must be paid on receipt of the final invoice. Please note: any cancellation which is not formally confirmed and accepted in writing will be liable for the full quoted cost of the project.

9.5 The placement of an order for design and/or any other services offered by Ostara Studio, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions

10       PAYMENT

10.1   The Client will pay Ostara Studio an initial non-refundable deposit, to be set by Ostara Studio.

10.2   The balance of the payment is due before the final services will be released. The signed or accepted quote with payment of the deposit is understood to be an acceptance of the terms and conditions.

10.4   Payments may be made by online transfer, cash. Publication and/or release of work undertaken by Ostara Studio on behalf of the Client may not take place before cleared funds have been received.

10.5 Ostara Studio reserves the right to consider an account to be in default in the event of a returned cheque, funds not reflected within a reasonable period of time after undertaking the payment.

10.6 An account shall be considered to be in default if it remains unpaid for 3 days from the date of invoice, or following a returned cheque during which Ostara Studio can suspend services and/or supply until payment has been effected.

10.7 Clients whose accounts become in default agree to pay Ostara Studio reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

10.8   Quotations are valid for 5 business days.

10.10    Ostara Studio will after receipt of the deposit and services had been rendered provide an invoice for the remaining costs to the client:

10.11.1           In the event of graphic design an invoice will be created upon completion of artwork and the Client to make payment in full before artwork is released and delivered;

10.10.2           In the event of photography, the remaining balance is due 5 days prior to event or shoot;

10.10.3           In the event of marketing strategies and/or monthly retainer contracts, payment is due on the 1st of each month, in advance.

10.10.4           In the event of professional consultations, payment is to be made in full before scheduled consultation.

10.10.5           In the event that travel is not in Johannesburg, and further than the Vaal Triangle area or Pretoria Ostara Studio shall be entitled to charge such additional costs for travelling, accommodation and such reasonable costs to secure Ostara Studio’ s presence and/or availability.


Either party may terminate this Agreement if the other Party commits a material breach and fails to remedy such breach within 7 days after written notice given by the other party and claim either specific performance and/or such damages it may sustain.


12.1 Each of the Parties hereby warrants to and in favor of the other that–

12.1.1 it has the legal capacity and has taken all necessary corporate action required to empower and authorised it to enter into this Agreement;

12.1.2  this Agreement constitutes an agreement valid and binding on it and enforceable against it in accordance with its terms;

12.1.3 this Agreement does not contravene any law or regulation to which any Party is subject;

12.1.4 to the best of its knowledge and belief, it is not aware of the existence of any fact or circumstance that may impair its ability to comply with all of its obligations in terms of this Agreement;

12.1.5 it is entering into this Agreement as principal (and not as agent or in any other capacity);

12.1.6 the natural person who signs and executes this Agreement on its behalf is validly and duly authorised to do so, vailing which the natural personal shall be held liable in his/her personal capacity for the terms and conditions contained herein; and

12.1.7  no other party is acting as a fiduciary for it.


13.1 Intellectual property rights in and to the services.

13.1.1 Ownership of all rights, including Intellectual Property Rights, in and to the services vest in Ostara Studio and/or third party software providers.

13.1.2 Ostara Studio warrants that it has acquired all necessary licenses in and to third party software, where required in law and in contract.

13.2 The Client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The Client also agrees that Ostara Studio holds no responsibility for any amendments made by any third party before or after a design is published.

13.3 Any design, copywriting, drawing, idea or code created for the Client by Ostara Studio, or any of its contractors, is licensed for use by the Client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Ostara Studio and any of its relevant sub-contractors.

13.4 All design work – where there is a risk that another party makes a claim – should be registered by the Client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

13.5 Ostara Studio will not be held responsible for any and all damages resulting from such claims. Ostara Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The Client agrees not to hold Ostara Studio responsible for any such loss or damage. Any claim against Ostara Studio shall be limited to the relevant fee(s) paid by the Client.

13.6 The Client agrees to Ostara Studio’ s definition of acceptable means of supplying data to the company.

13.7   Ostara Studio reserves the right to delete documentation and artwork with accounts outstanding for more than 30 days. Artwork will remain the ownership and copyrights of Ostara Studio.

13.8  The Client(s) hereby allow(s) Ostara Studio to display any content covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc, subject to the terms and conditions contained herein. 

13.9  It is the Client’s responsibility to ensure that artwork submitted does not violate any copyright laws, trademarks and patents. Royalties must be paid for use of artwork from other artists and designers.

13.10  Upon full payment of account, copyright ownership will be transferred to the Client for exclusive use – transferable rights to brand identity, as well as full licensee to reproduce works through commercial printers.

13.11  Ostara Studio retains the rights to utilize artwork for self-promotion, publication and exhibition.

13.12  Ostara Studio aims to keep artwork and photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Ostara Studio employees.

13.13  The use of artwork, music and media prior to payment is illegal.

13.14  Ostara Studio reserves the rights to contract with other creative professionals. Any third party terms and conditions will include full reproduction rights to the Client. Third parties also retain rights to utilize artwork for self-promotion.

13.15  In the event of cancellations or non- payment, the use of any artwork and design work provided by Ostara Studio during the briefing, initial consultation and proofing process without written permission is illegal and legal action will ensue.

13.16  Replication and use of any of Ostara Studio designs without license or permission is illegal and legal action will ensue.


14.1 The parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting party shall be liable to the other party for all losses which constitute direct and/or general damages, save for the conditions contained herein.

14.2  Ostara Studio shall not be liable for direct -, indirect -, incidental -, special -, consequential or exemplary damages resulting from any aspect of use of the services offered thereon by the Client.

14.3  Similarly the Client indemnifies Ostara Studio against any damage and/or loss suffered from equipment being brought onto the production or services and is damaged during the course of such a production or damage to the venue and/or service providers due to instruction being performed.


15.1 each Party may be given access to information of the other party in order to perform its obligations under this Agreement. A party’s information shall not be deemed to include information that:

15.1.1 is or becomes publicly known other than through any act or omission of the various parties;

15.1.2 was in the other party’s lawful possession before the disclosure;

15.1.3  is lawfully disclosed to the receiving party by a third party without restriction on  disclosure;

15.1.4  is independently developed by the receiving party, which independent development can be shown by written evidence; or

15.1.5  is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

15.2  Each party shall hold the other’s information in confidence and, unless required by law, not make the other’s information available to any third party, or use the other’s information for any purpose other than the implementation of this Agreement.

15.3 Each Party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access, is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.

15.4 Copyright is retained by Ostara Studio on all creative design work including media developed and/or produced, campaigns, slogans, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled to Ostara Studio.

15.5   If a choice of design is presented, only one solution is deemed to be given by Ostara Studio as fulfilling the contract. All other designs remain the property of Ostara Studio, unless agreed in writing that this arrangement has been changed.

15.6   Ostara Studio is authorised to use any material produced during any instruction for its own use and publication unless expressly instructed not to by the Client in writing, which obligation will rest on the client.


16.1  Neither party shall have any liability to the other party for any losses which are a result of such party’s failure to perform under this Agreement to the extent that such party is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or accident, fire, flood, or storm.

17    WAIVER

17.1 A waiver of any right under this agreement is only effected if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.


18.1  If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

18.2   If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.


19.1  This Agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

19.2  Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.


20.1  Ostara Studio shall not, without the prior written consent of the Client, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

20.2  The Client may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

21      NOTICES

21.1   Each of the parties chooses their respective addresses, for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement, as set forth herein.


22.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and constructed in accordance with the laws of South Africa.


23.1  This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement as at the date of signature of the Party that signs its counterpart last in time.