Terms of Service

Working in good faith: You engage the studio on the basis of professional discernment, skill and experience. What you receive is considered professional judgement, not the mere execution of instructions. Where you supply material, direction or AI-generated references, the studio exercises professional discretion in how these inform the work. If I advise against a direction because it's technically unsound, legally risky or against your stated objectives, and you insist, that work proceeds at your risk. Both of us work in good faith: you, by supplying complete and accurate information; me, by applying my expertise honestly and without reservation.

How engagements work: Every project begins with a proposal. The scope, deliverables and price are defined there. Signature, written acceptance of the quote, or payment of the deposit confirms we've read it the same way; work begins on receipt of the deposit.

Deposits and payment: Fifty per cent up front to book the studio schedule, fifty per cent on completion. Final deliverables are released on final payment. Balances beyond 30 days accrue interest at 2% per month. Payment is by EFT to Capitec (details on the invoice), or via the online payment link where provided.

Timelines and your response: Projects move on your response. Where you don't respond to proofs, approvals, requests for information or invoices within 14 days of each request, the work is deemed approved at the version last submitted. If there's no response from you for 90 consecutive days, the project is deemed dormant.

Material you supply, including AI: You warrant that everything you supply, images, text, logos and anything generated by third-party AI tools, is yours or properly licensed, and you indemnify the studio against any claims arising from that material. Images or concepts from AI tools (ChatGPT, Midjourney and the like) are treated as indicative reference, not artwork to be reproduced. Redrawing, recreating or adapting them is new billable work at standard studio rates, and I offer no warranty that AI-derived work won't resemble existing third-party intellectual property. Where AI production tools are used in executing your work, their usage costs are billed as materials in addition to studio fees.

Dormant projects: When a project becomes dormant, it is closed. All work completed to date and not yet invoiced becomes payable, and deliverables are released on payment. Reopening a dormant project requires a reactivation fee of 20% of the original project fee, with further work charged at current rates. The onus to reopen a dormant project rests with you.

What you own, and when: Ownership and full usage rights of the final deliverables transfer to you on receipt of full payment. Until then, drafts, sketches and concepts remain the property of the studio, and using unpaid work without settling the invoice isn't permitted. Usage rights cover the final output files as specified in the proposal. Source and working files (.psd, .ai, .indd) stay with the studio; releasing them is a separate agreement and licensing fee.

Artwork sales: Purchased original artworks are sold as physical pieces; shipping, insurance and any customs duties on delivery are arranged and borne by you. Framing is included where stated on the artwork page; copyright and all reproduction rights on original artworks remain with the artist at all times.

Third parties, subscriptions and AI tools: Quotes exclude outsourced costs: photography, copywriting, printing and the like. You contract and pay those providers directly, though I'm happy to recommend good ones. The same applies to hosting and software subscriptions, including any AI tools you want embedded in your deliverables or workflows: I'll help set them up, but they're contracted and paid by you, not managed by me. You own your tools.

Archive and portfolio: Completed work may appear in the Archive and the Journal. Where work has been paid in full, this right applies 30 days after final payment unless you object in writing beforehand. If a project needs confidentiality, say so in writing before signing and it will be honoured.

Cancellations: If you cancel after work begins, the deposit is retained and further payment reflects work completed. If the studio can't complete a project through unforeseen circumstances, a refund will be considered. Repeated late payment or a breakdown in the working relationship may result in suspension without refund. Dormant projects aren't cancellations; see Dormant projects.

Verification: The studio delivers final artwork as files, and design only. Production, printing, fabrication and installation are entirely your responsibility, contracted and paid by you directly. The studio takes no responsibility for any production at any stage. Once you approve final artwork for production, or approval is deemed to have occurred under Timelines and your response, responsibility for verifying files before printing or fabrication passes to you.

Changes to these terms: These terms may be updated from time to time. The current version published on this website applies to all new projects and to all active projects from 30 days after publication.

Studio: Monday to Friday, 08:00 to 16:30. Millhouse Design (Pty) Ltd t/a Michael Viljoen, Table View, Cape Town. Company Reg. 2021/926054/07.