Terms of Service

Effective Date: August 26, 2026

Company: Tomorrow Labs (Pty) Ltd

1. Introduction & Acceptance of Terms

Welcome to Tomorrow Labs. These Terms of Service (“Terms”) govern your use of our website and the general conditions under which Tomorrow Labs (Pty) Ltd (“Tomorrow Labs”, “we”, “us”, or “our”) provides digital marketing, web development, UX/UI design, search engine optimisation (SEO), and related services to you (“Client”, “you”, or “your”).

By using our website or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.

2. Scope of Services & Agreements

The specific Services to be provided to any client will always be detailed in a separate, mutually agreed-upon Statement of Work (SOW), project proposal, or Master Service Level Agreement (MSLA). In the event of a conflict between these general website Terms and a signed MSLA or SOW, the terms of your specific signed agreement shall always prevail.

3. Client Obligations

To ensure the timely and successful delivery of our Services, clients are generally expected to:

Provide Assets: Timeously provide all necessary information, credentials, written copy, imagery, and resources required for project execution.
Timely Feedback: Review deliverables and provide consolidated feedback within the timeframes specified in your specific agreement.
Authorisation: Designate a primary point of contact with the authority to provide approvals and make binding decisions.
Legality of Assets: Warrant that you hold the legal right and necessary licenses to use any text, images, or trademarks provided to Tomorrow Labs.

4. Fees & Billing

All fees, milestone structures, retainer costs, and specific payment terms will be explicitly outlined in your personalized MSLA or SOW prior to the commencement of any work. Tomorrow Labs does not directly process payments or finalize service contracts directly through this website.

5. Revisions and Change Management

Iterative Delivery: We utilize a batched iterative delivery approach to ensure quality and speed.
Out of Scope & Rework: Any requests for Services outside the agreed Scope of Work outlined in your MSLA, or design changes requested after a prior phase has been approved and developed, will be classified as a “Change Request.” Change Requests are subject to separate estimates and standard hourly billing as defined in your contract.

6. Intellectual Property Rights

Retention of Rights: Tomorrow Labs retains full ownership and copyright of all Deliverables, code, designs, and materials until the total project fee associated with your MSLA has been paid in full.
Transfer of Rights: Upon receipt of full and final payment, Tomorrow Labs assigns to the Client all Intellectual Property Rights in the final, approved bespoke Deliverables created specifically for the Client.
Exclusions: We routinely utilize pre-existing proprietary tools, libraries, open-source software, and third-party frameworks. The Client is granted a non-exclusive, perpetual, worldwide license to use these underlying elements solely as integrated into the final Deliverables.

7. Warranties and Disclaimers

Service Warranty: For web development projects, we provide a standard warranty period (detailed in your MSLA) to remedy any bugs or defects that fall within the original Scope of Work.
Exclusions: This warranty does not cover issues caused by third-party plugins, server updates, hosting instability, or modifications made by the Client post-launch.
“As Is” Provision: Except as expressly provided herein, our website and Services are provided “AS IS” without any other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability and Indemnification

Liability Cap: To the maximum extent permitted by applicable law, Tomorrow Labs’ total aggregate liability arising out of or related to our Services shall not exceed the total fees actually paid by the Client to Tomorrow Labs under their relevant agreement.
Exclusion of Damages: In no event shall either party be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption.
Indemnity: The Client agrees to indemnify and hold harmless Tomorrow Labs from any claims, damages, liabilities, and expenses arising out of the Client’s breach of these Terms or any third-party claims related to materials or intellectual property provided by the Client.

9. Confidentiality

We respect your privacy and business secrets. Both parties agree to hold each other’s non-public, proprietary, or commercially sensitive information in strict confidence and shall not disclose it to any third party without prior written consent, except where required by law.

10. Term and Termination

The terms of termination, notice periods, and offboarding processes are highly specific to the type of service we provide (e.g., project builds vs. marketing retainers) and will be clearly defined in your individual MSLA.

11. Force Majeure

Neither party shall be liable for failure to perform its obligations if such failure is caused by events beyond its reasonable control, including acts of God, war, strikes, pandemics, internet outages, or governmental actions, provided that written notice is given promptly.

12. Governing Law and Jurisdiction

These Terms and any dispute arising out of them shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute shall be subject to the exclusive jurisdiction of the competent courts located in Cape Town, South Africa.

13. Contact Information

If you have any questions regarding these Terms of Service, please contact us at:

Entity: Tomorrow Labs (Pty) Ltd
Physical Address: 42 De Smit Street, Green Point, Cape Town, 8005, South Africa
Email Address: hello@tomorrowlabs.co.za