Campaign Sprint
Naughty Nectar
Terms & Conditions
These Terms and Conditions ("Terms") govern the relationship between Hambapixel (Pty) Ltd ("Hambapixel", "we", "us", "our") and any individual or entity ("Client", "you") who engages our services or uses our website at hambapixel.com. By submitting a project enquiry, signing a proposal, making a payment, or using our website, you confirm that you have read, understood, and agree to these Terms in full. If you do not agree, please do not use our services.
Plain-language commitment
We've written these Terms to be as clear and human-readable as possible. They're designed to protect both parties — not to catch anyone out. If anything is unclear, please reach out before engaging our services: hello@hambapixel.com
1. Who We Are
Hambapixel (Pty) Ltd is a boutique creative studio based in Johannesburg, South Africa, specialising in 3D character design, brand mascot creation, animation, campaign production, brand identity, web development, and corporate training animation. We work with clients locally and internationally across brand, gaming, film, and NFT industries.
Registered country: South Africa
Primary contact: hello@hambapixel.com
Website: hambapixel.com
2. Definitions
- Agreement
- These Terms, together with any signed Proposal, Statement of Work, or invoice, which together form the full contract between Hambapixel and the Client.
- Proposal / Statement of Work (SOW)
- A written document issued by Hambapixel outlining the scope, deliverables, timeline, and fee for a specific project.
- Deliverables
- The creative assets, files, or outputs produced by Hambapixel as specified in the Proposal.
- Project Brief
- The information, references, and requirements provided by the Client to guide the creative work.
- Intellectual Property (IP)
- All copyrights, trademarks, design rights, and other proprietary rights in creative works produced or used during the project.
- Final Files
- The approved, production-ready deliverable files transferred to the Client upon receipt of full payment.
- Working Files
- Native source files (e.g. Blender, Cinema 4D, After Effects project files) used to produce deliverables. These remain the property of Hambapixel unless explicitly included in the Proposal.
3. Our Services
Hambapixel offers the following core services, each governed by a specific Proposal:
- 3D Brand Mascot Creation — Concept development, sculpting, texturing, and render-ready model delivery
- The Campaign Sprint — Campaign character, 3D ad creative, and landing page delivered within a defined sprint
- Brand Identity & Web Ecosystem — Logo, typography, colour system, and website design & development
- Product & Explainer Animation — Script, storyboard, and animated video production
- 3D Ad Creative Production — Short-form video ads, motion graphics, and static display creatives
- Corporate Training & Internal Animation — Onboarding, compliance, and internal communications animation
The precise scope of any engagement is defined in a written Proposal. Services not listed in the Proposal are not included and will be quoted separately.
4. Project Process & Client Responsibilities
A successful project is a two-way partnership. Below is a clear picture of how our process works, when payments are due, and what we need from you at each stage to deliver on time and on brief.
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Enquiry & Proposal You share your brief — either via our contact form or directly by email. We assess your scope, ask any clarifying questions, and issue a written Proposal detailing deliverables, timeline, revision rounds, and the total project fee. Proposals are valid for 14 days from the date of issue.
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Agreement & 40% Deposit You review and approve the Proposal in writing (email confirmation or signed document). A 40% deposit of the total project fee is invoiced immediately. Your project slot is not secured and work does not begin until the deposit is received and cleared. Proposals approved without payment do not constitute a confirmed booking.
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Brief & Asset Handover Within 5 business days of deposit clearance, you provide all required brand assets, reference materials, written creative direction, and any technical specifications. Incomplete or late asset handover may affect the project start date and delivery timeline. Hambapixel will confirm receipt and flag any missing items within 2 business days.
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Concept & Initial Design — 40% Mid-Project Payment We develop and present the initial concept, character direction, or design option(s) for your review. You provide one round of consolidated written feedback. Upon your written approval of the concept direction, a second invoice for 40% of the total project fee is issued. Full production does not commence until this payment is received. This milestone is a deliberate checkpoint — it ensures both parties are aligned before the most resource-intensive phase begins.
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Production, Revisions & Final Review With concept approved and mid-project payment confirmed, we move into full production. Completed work is shared for review in stages as outlined in the Proposal. You provide consolidated written feedback within each agreed revision round. Feedback submitted outside the defined rounds, or requests that contradict the approved brief, will be treated as new scope (see Section 6).
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Final Approval & 20% Final Payment Once all revisions are complete and you confirm final approval in writing, the remaining 20% of the project fee is invoiced. Final files are prepared for handover but will not be released until this payment is received and cleared. Written approval constitutes acceptance of the deliverables as complete and fit for purpose.
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Delivery & Handover Final files are delivered in the agreed formats via secure file transfer (e.g. Google Drive, WeTransfer). Hambapixel will confirm delivery and provide a file index. Full intellectual property ownership transfers to the Client at this point, subject to Section 8. Hambapixel retains working files and archive copies unless otherwise agreed in the Proposal.
Client delays affect timelines and payment gates. Each phase is contingent on timely payment and cooperation from the Client. If an invoice is not paid within 5 business days, the project will be paused and the timeline adjusted accordingly. Delays caused by the Client — whether through late feedback, late asset delivery, or late payment — do not entitle the Client to a refund, fee reduction, or claims against Hambapixel for missed deadlines.
Client Responsibilities
To ensure a smooth, on-time project, you agree to the following throughout the engagement:
- Provide a clear, accurate, and complete creative brief before work commences — vague or changing briefs directly impact delivery quality and timelines
- Supply all necessary brand assets (logos, fonts, brand guidelines, reference images, video footage) in the correct formats and within agreed timeframes
- Designate a single authorised decision-maker who has the authority to approve work on behalf of your organisation — approvals from multiple stakeholders with conflicting direction will not be accepted as a single revision round
- Provide consolidated, written feedback in one communication per review stage — not multiple messages, emails, or voice notes sent over several days
- Respond to review submissions, questions, and invoices within the agreed timeframes (typically 3–5 business days) to avoid timeline disruption
- Confirm that all content, references, brand assets, and materials provided do not infringe any third-party intellectual property rights — see Section 8.3
- Notify Hambapixel promptly if your project requirements, timeline, or budget change, rather than making unannounced changes to the brief mid-production
- Maintain independent backups of all assets supplied to Hambapixel — we take reasonable care of your files but are not liable for loss of assets submitted by the Client
5. Fees, Payments & Invoicing
5.1 Pricing
All fees are set out in the Proposal and are quoted in South African Rand (ZAR) or US Dollars (USD) as agreed. Prices are exclusive of VAT unless stated otherwise. Hambapixel reserves the right to revise its pricing at any time, but pricing agreed in a signed Proposal will not change for the duration of that project.
5.2 Payment Schedule
Unless otherwise agreed in writing, payment is structured as follows:
| Milestone | Amount Due | When |
|---|---|---|
| Deposit | 40% of total project fee | Before work commences — secures your project slot |
| Mid-Project Payment | 40% of total project fee | Upon concept / initial design approval, before production begins |
| Final Payment | Remaining 20% | Upon final approval, before delivery of final files |
All invoices are due within 5 business days of issue unless otherwise stated. Work will not progress to the next phase until the relevant payment has been received and confirmed. For larger or complex projects, a custom milestone schedule may be agreed in the Proposal.
5.3 Late Payment
If payment is not received by the due date, Hambapixel reserves the right to:
- Pause all work on the project until payment is received
- Charge a late payment fee of 5% per month on the outstanding balance
- Withhold delivery of final files until all outstanding amounts are settled
- Terminate the Agreement in accordance with Section 11, without refund of the deposit
5.4 Refunds
The 40% deposit is strictly non-refundable under all circumstances. It compensates Hambapixel for the project slot secured, pre-production time invested, and opportunity cost from the date of confirmation. The 40% mid-project payment, once made, is equally non-refundable — it is tied to the delivery and written approval of the concept phase, which constitutes completed work. The 20% final payment is due upon final approval and is not subject to refund once final files have been delivered. If you cancel mid-project, see Section 11 for a full breakdown of amounts retained at each stage.
Accepted payment methods: EFT / bank transfer, PayFast, or other methods confirmed in writing. Hambapixel does not accept crypto or barter arrangements unless explicitly agreed in the Proposal.
6. Revisions & Scope Changes
6.1 Included Revisions
Each Proposal specifies the number of revision rounds included. A revision round means one set of consolidated feedback addressed in a single round-trip. Revisions must be provided in writing (email or shared document) and be related to the original brief. Hambapixel will not act on verbal-only feedback.
6.2 Additional Revisions
Revision requests beyond the included rounds, or changes that significantly alter the original brief or approved direction, will be treated as new scope and quoted separately at Hambapixel's standard hourly rate (confirmed in the Proposal or on request). These will require written approval before work proceeds.
6.3 Scope Changes
Any change to the agreed deliverables, format, deadline, or creative direction mid-project constitutes a scope change. Hambapixel will issue a Change Order outlining the impact on timeline and cost. Work on the scope change will not begin until the Change Order is approved in writing and any additional deposit is received.
Scope creep protection: Additional requests made verbally, via social media, or outside of official communication channels (email / project management platform) will not be actioned unless confirmed in writing. This protects both parties from misunderstandings.
7. Timelines & Deadlines
Project timelines are outlined in the Proposal and are based on the agreed scope, the three-payment milestone structure, and the Client's timely cooperation at each stage. Hambapixel will make every reasonable effort to meet agreed delivery dates. However, the timeline clock only runs when the conditions for each phase have been met — specifically:
- The 40% deposit has been received and cleared — this starts the project
- All required brief assets and materials have been provided by the Client
- The 40% mid-project payment has been received — this starts full production
- Feedback and approvals are provided within the agreed review windows (typically 3–5 business days per stage)
- No significant scope changes are introduced mid-project (see Section 6.3)
- No force majeure or circumstances outside Hambapixel's control apply (see Section 13)
If the Client causes delays at any payment gate or review stage, the project delivery date will shift by the equivalent number of days lost. Hambapixel will notify the Client of any revised timeline in writing. These delays do not constitute a breach by Hambapixel and do not entitle the Client to compensation, fee reduction, or cancellation rights on that basis.
Rush delivery requests — where the Client requests a delivery date shorter than what was originally agreed — may attract a rush fee of up to 30% of the total project fee, confirmed in writing before acceptance. Rush requests do not override the payment gate structure; all relevant payments must still be made before work progresses.
8. Intellectual Property & Ownership
8.1 IP Transfer on Full Payment
Upon receipt of full and final payment for a project, Hambapixel assigns to the Client full copyright ownership of the agreed final deliverables as specified in the Proposal. This transfer is limited to the deliverables listed — it does not include working files, unused concepts, or materials developed outside the agreed scope unless explicitly stated.
Client Owns (on full payment)
- Final approved 3D models & renders
- Final animation files in agreed export formats
- Final logo & brand identity files
- Final website code & design files
- Approved ad creative in delivered formats
Hambapixel Retains
- Native working files (unless included in Proposal)
- Concepts, sketches & directions not selected
- Internal tools, rigs & workflow systems
- Pre-existing IP brought to the project
- Portfolio rights (see 8.4)
8.2 No Transfer Before Full Payment
Until full payment is received, all deliverables — including previews, draft renders, and work-in-progress files — remain the intellectual property of Hambapixel. The Client may not use, publish, share, or reproduce any such material without Hambapixel's written consent.
8.3 Client-Supplied Materials
You warrant that any materials, references, images, brand assets, or content you supply to Hambapixel are either owned by you or licensed for use in this project, and do not infringe the rights of any third party. You indemnify Hambapixel against any claim, cost, or liability arising from third-party IP infringement in materials you have provided.
8.4 Portfolio Rights
Hambapixel reserves the right to display completed work in its portfolio, on its website, and across its social media channels, unless the Client requests confidentiality in writing before the project commences. For sensitive campaigns or NDA-bound work, portfolio usage will be discussed and agreed separately.
Good creative work deserves to be seen. We're proud of every project we deliver — and we'll always check with you before sharing anything you've asked us to keep private.
9. Confidentiality
Both parties agree to keep confidential any sensitive business information, creative strategies, pricing, or proprietary data shared during the project. Hambapixel will not disclose your brief, brand strategy, or unpublished assets to any third party without your written consent, except where required by law or to engage approved subcontractors bound by equivalent confidentiality obligations.
If your project requires a formal Non-Disclosure Agreement (NDA), please inform us before the project commences. Hambapixel is happy to sign a mutual NDA — this must be agreed before any sensitive information is shared.
10. Warranties & Representations
10.1 Hambapixel Warrants That:
- The deliverables will be produced with reasonable professional skill and care
- The work will be original creative output that does not knowingly infringe third-party intellectual property
- We have the right to enter into this Agreement and perform the services described
10.2 Hambapixel Does Not Warrant:
- That deliverables will achieve specific commercial, marketing, or business results
- That 3D renders or animations will be compatible with every third-party software, platform, or engine without further optimisation
- That website deliverables will remain unaffected by future third-party platform updates (e.g. WordPress, Elementor, browser updates)
- That any mascot or character design will be eligible for trademark registration (this depends on jurisdiction and existing registrations)
Our commitment: We stand behind our work. If a deliverable contains a material error — something that is clearly inconsistent with the agreed brief and approved direction — we will correct it at no additional charge within a reasonable timeframe after delivery.
11. Cancellation & Termination
11.1 Cancellation by the Client
You may cancel a project at any time by notifying Hambapixel in writing. Cancellation does not entitle the Client to a refund of any payments already made — each payment milestone (40% deposit, 40% mid-project, 20% final) corresponds to completed and delivered phases of work. The following policy governs what is retained and what, if anything, further may be owed based on the stage of production at the time written notice is received:
| Stage at Cancellation | Amount Due / Retained |
|---|---|
| Before work commences | 40% deposit is forfeited (non-refundable). No further amount due. |
| During concept / initial design phase | 40% deposit retained in full. Mid-project payment (40%) is not due. |
| After concept approval (mid-project payment triggered) | Both the 40% deposit and 40% mid-project payment are retained. Final 20% is not due unless the project is near completion. |
| Near or at completion (90%+ complete) | Full project fee (100%) is due. Partial or full delivery of completed work at Hambapixel's discretion. |
Upon cancellation, Hambapixel will retain all deliverables and working files produced to that point. Any work-in-progress previews shared with the Client may not be used, published, or reproduced without Hambapixel's written consent.
11.2 Termination by Hambapixel
Hambapixel reserves the right to terminate this Agreement with written notice in the following circumstances:
- Non-payment of any amount due beyond 14 days past the invoice due date
- The Client engages in abusive, threatening, or unreasonable conduct toward Hambapixel's team
- The Client provides misleading information that materially affects the scope or nature of the project
- The Client requests work that is illegal, defamatory, or infringes third-party rights
- The project becomes commercially or technically unviable due to changes in the Client's brief
In the event Hambapixel terminates, the deposit is forfeited and any work completed to that point will be invoiced at the pro-rata rate. Hambapixel is not liable for any consequential loss resulting from termination under these circumstances.
11.3 Project Abandonment
If the Client becomes unresponsive for more than 30 consecutive calendar days without prior notice or agreed pause, Hambapixel may treat the project as abandoned. In this case, the deposit is forfeited, any outstanding work invoiced, and the project slot released. Recommencing will require a new Proposal and deposit.
12. Limitation of Liability
To the fullest extent permitted by South African law, Hambapixel's total liability to the Client for any claim arising out of or in connection with this Agreement — whether in contract, delict (tort), or otherwise — shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
Hambapixel shall not be liable for any:
- Indirect or consequential losses — including loss of revenue, profit, business, contracts, reputation, or goodwill
- Business interruption — arising from delays in delivery or changes to agreed timelines
- Third-party platform failures — including but not limited to WordPress, Elementor, Meta, Google, or any game engine
- Technical incompatibilities — where the Client has not disclosed technical requirements before commencement
- Data loss — where the Client has not maintained independent backups of supplied assets
Important: Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable South African law.
13. Force Majeure
Hambapixel will not be held liable for any failure or delay in performance of its obligations caused by circumstances beyond its reasonable control, including but not limited to: power outages, load shedding, internet or telecommunications failures, illness, natural disasters, civil unrest, acts of government, or other events that could not reasonably have been foreseen or prevented.
In the event of a force majeure situation, Hambapixel will notify the Client as soon as reasonably practicable and will work in good faith to minimise disruption and resume work at the earliest opportunity. Timelines will be extended proportionally.
14. Third-Party Subcontractors
Hambapixel may engage trusted third-party contractors, specialists, or freelancers to assist in delivering certain aspects of a project (e.g. voice recording, sound design, additional 3D work). Hambapixel remains responsible for the quality of all deliverables and ensures that subcontractors are bound by appropriate confidentiality and IP obligations. Subcontractors are not disclosed to Clients unless specifically requested.
15. Website Use
By accessing hambapixel.com, you agree to use the website for lawful purposes only. You may not:
- Attempt to gain unauthorised access to our website, servers, or systems
- Reproduce, republish, or redistribute any content on this website without written permission
- Use the website to transmit spam, malicious code, or harmful content
- Misrepresent your identity or affiliation when contacting Hambapixel through the website
Hambapixel makes no warranty that the website will be uninterrupted, error-free, or free from viruses. We reserve the right to modify, suspend, or withdraw the website at any time without notice.
16. Dispute Resolution
We genuinely hope that any issue can be resolved through honest conversation. If a dispute arises, we ask that both parties attempt to resolve it in good faith through direct communication within 14 business days of the issue being raised in writing.
If the dispute cannot be resolved directly, both parties agree to attempt mediation through a mutually agreed mediator before pursuing formal legal proceedings. The cost of mediation shall be shared equally unless otherwise agreed.
If mediation fails, the dispute shall be subject to the jurisdiction of the South African courts in accordance with Section 17.
17. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Both parties submit to the non-exclusive jurisdiction of the South African courts, specifically the courts of Gauteng Province, for the resolution of any dispute arising out of or in connection with these Terms.
For international clients, these Terms remain governed by South African law, but Hambapixel acknowledges relevant consumer protection legislation in the Client's jurisdiction may also apply.
18. General Provisions
Entire Agreement
These Terms, together with the signed Proposal, constitute the entire agreement between the parties and supersede all prior discussions, representations, or arrangements.
Amendments
Any changes to these Terms or to the project scope must be agreed in writing by both parties. Verbal amendments are not binding.
Severability
If any clause of these Terms is found to be invalid or unenforceable, the remaining clauses will continue in full force and effect.
No Waiver
Failure by Hambapixel to enforce any right under these Terms does not constitute a waiver of that right in the future.
Assignment
The Client may not assign, transfer, or subcontract their rights or obligations under this Agreement without Hambapixel's written consent.
Notices
All formal notices must be sent in writing to hello@hambapixel.com. Notices sent via social media or messaging apps are not considered formal notice.
Updates to These Terms
Hambapixel may update these Terms periodically. The current version on hambapixel.com supersedes all previous versions. Continued engagement after an update constitutes acceptance.
Language
These Terms are written in English. In the event of a translation discrepancy, the English version shall prevail.
Questions about these Terms? We're happy to walk you through anything before you commit. Reach us at hello@hambapixel.com — a real human will respond.