These Service & Payment Terms & Conditions govern all services provided by One Custom and apply to all clients unless expressly agreed otherwise in writing. By engaging our services, you agree to these terms.
1. Payment terms
1.1. Invoices and due dates
- All invoices are issued monthly in arrears, unless otherwise specified in a project-specific agreement.
- Payment is due within seven (7) days of the invoice date unless otherwise agreed.
1.2. Late payments
- Overdue invoices shall bear interest at the published prime bank overdraft rate from One Custom’s principal bankers, calculated from the due date until payment is received.
- One Custom reserves the right to pause services if payments are overdue. This does not release the client from their payment obligations.
1.3. Payment method
- Payments must be made via electronic funds transfer (EFT) to the bank account specified on the invoice.
- All costs exclude VAT unless otherwise stated.
2. Scope of work & time allocation
2.1. Capped hours and rollover policy
- Hours allocated to a project do not roll over to subsequent months unless explicitly agreed in writing.
- Any additional hours beyond the agreed scope will be charged at the prevailing hourly rate, subject to client approval.
2.2. Change requests & additional work
- Any work beyond the initial agreed scope must be approved in writing and will be billed at One Custom’s standard hourly rate.
- Any third-party costs, software licences, or outsourced work required to complete a project will be billed separately.
3. Notice period & termination
3.1. Notice for termination or reduction of services
- A minimum of two (2) calendar months’ written notice is required for termination or significant reductions in service scope.
- Notice must be provided in writing via email to a designated One Custom contact.
3.2. Final billing upon termination
- All outstanding work up to the termination date will be billed in full.
- Any retainer-based service will be invoiced up to the end of the notice period, even if the client chooses not to use the services.
- If a client fails to provide the required notice period, One Custom reserves the right to invoice for the equivalent of two full months of service fees as liquidated damages, reflecting lost resource allocation and planning disruption.
4. Non-solicitation & circumvention
4.1. Client agrees not to solicit One Custom employees
- The client agrees not to directly or indirectly solicit, hire, or engage any current or former One Custom employee or contractor who has worked on their project for a period of 24 months after contract termination, unless a separate recruitment fee is agreed.
4.2. Direct engagement of One Custom personnel
- The client agrees not to solicit, recruit, or engage any current or former One Custom employee or contractor who has worked on their project for a period of 24 months after contract termination, unless explicitly agreed in writing by One Custom.
- Any exception to this restriction is at One Custom’s sole discretion and, where granted, will be subject to a separately negotiated recruitment or transition fee, with a minimum fee of 25% of the employee’s annual salary.
- This does not set a precedent for future hires, and One Custom retains the right to decline any such requests.
4.3. Circumvention
- The client shall not attempt to bypass, circumvent, or avoid engagement with One Custom by dealing directly with One Custom’s subcontractors, suppliers, or employees for services originally provided by One Custom.
5. Confidentiality & intellectual property
5.1. Client data
- Any information and data provided by the client remains the property of the client.
- One Custom will take all reasonable precautions to protect client data from unauthorised access, loss, or corruption.
5.2. Intellectual property
- One Custom retains full ownership of all intellectual property, methodologies, frameworks, tools, and source code developed or used in delivering services, unless expressly transferred in writing.
- The client is granted a non-exclusive, non-transferable licence to use the final deliverables for their intended purpose.
- Ownership of final project outputs (e.g. reports, strategy documents, creative assets) may be transferred upon full payment, but this does not include underlying tools, templates, software, processes, or proprietary methodologies used in their creation.
- Any additional rights to IP, source code, or proprietary materials must be negotiated and agreed upon separately.
6. Liability, legal costs & dispute resolution
6.1. Limitation of liability
- One Custom shall not be liable for any indirect or consequential loss, including but not limited to loss of profits, data loss, or business disruption arising from its services.
- The client assumes full responsibility for the use of deliverables provided by One Custom.
6.2. Legal costs & cost recovery
- If a dispute arises due to non-payment, non-solicitation breaches, or intellectual property misuse, the client shall be responsible for all reasonable legal fees, collection costs, and enforcement expenses incurred by One Custom in pursuing resolution.
6.3. Dispute resolution
- Any disputes arising from this agreement shall first be resolved amicably through negotiations.
- If unresolved, disputes shall be settled via arbitration in South Africa, as per the Arbitration Act.
6.4. Governing law
- These terms are governed by and construed in accordance with the laws of South Africa.
7. Amendments & agreement updates
- One Custom reserves the right to update these terms at any time. Clients will be notified of any significant changes.
- Any deviation from these terms must be agreed to in writing by both parties.
Contact us
For any questions regarding these terms, please contact:
📧 paul@onecustom.co.za
📍 One Custom Consulting (PTY) Ltd, Tannery Park, Rondebosch, Cape Town, South Africa
