Please read the following terms and conditions carefully. They govern use of this website and, where incorporated into a quotation, cost estimate, proposal or other agreement, the provision of creative and related services by Blood, Sweat + Polony.
Last updated: 3 September 2026
1. Introduction: By accessing this website, accepting a quotation or proposal, instructing us to commence work, or otherwise engaging our services subject to these Terms, you agree to be bound by them. “Blood, Sweat + Polony”, “BSP”, “we”, “us” and “our” refer to Blood, Sweat + Polony. “Client”, “you” and “your” refer to the person or entity engaging our services or using this website. These Terms are governed by the prevailing laws of South Africa.
2. Project Agreements: Each project may be governed by a quotation, cost estimate, proposal, scope of work or other written agreement setting out the specific services, deliverables, fees and timelines. Where there is a conflict between these Terms and a project-specific written agreement, the project-specific agreement will take precedence only in respect of the conflicting provision. Email or other written electronic correspondence may constitute acceptance of quotations, scopes, amendments and project approvals. Any additional work requested outside the agreed scope may be quoted separately or billed at Blood, Sweat + Polony’s then-current hourly rate.
3. Payment: Unless otherwise agreed in writing: (1) a 50% deposit is payable upon acceptance of a quotation, cost estimate or proposal; (2) the remaining 50% is payable upon completion and before release of final deliverables; (3) work may be suspended where an invoice is overdue; (4) final artwork, production files, website handover or other agreed deliverables may be withheld until all outstanding amounts have been paid in full; (5) payment in full does not, by itself, transfer copyright, intellectual property rights, source files, working files or rights in any unselected work; and (6) quotations are valid for 15 days unless otherwise stated.
4. Timelines & Client Responsibilities: Any agreed delivery date depends on the Client providing content, approvals, feedback, access and other required information timeously. Blood, Sweat + Polony will not be responsible for delays caused by late Client feedback, amendments, missing content, changes in scope, third-party suppliers or circumstances reasonably outside our control. The Client is responsible for reviewing all proofs, copy, information and artwork before final approval or production.
5. Client-Supplied Materials: The Client warrants that it owns, licenses or otherwise has permission to use all copy, photographs, logos, fonts, trademarks, artwork, data and other materials supplied to Blood, Sweat + Polony. The Client remains responsible for any copyright, trademark, privacy, personality-right or other claims arising from Client-supplied materials and indemnifies Blood, Sweat + Polony against claims arising from their authorised use in the project.
6. Our Intellectual Property: Unless expressly agreed otherwise in writing, Blood, Sweat + Polony retains all rights, title and interest in the creative and intellectual work developed during a project. This includes, without limitation, strategy and strategic recommendations; brand audits and research; competitive analysis and interpretation; presentations and pitch documents; concepts and creative directions; naming and verbal identity work; copy and campaign concepts; sketches, drafts and exploratory work; moodboards and visual references assembled by us; design routes and unselected alternatives; logos, identity systems and graphic concepts prior to agreed transfer; prototypes, wireframes and design systems; templates, methodologies, frameworks and processes; source files and working files; development files and internal production methods; rejected, unused or undeveloped concepts; and any pre-existing intellectual property, tools, systems, know-how or materials belonging to Blood, Sweat + Polony. The fact that material has been shown to, presented to, discussed with or paid for by the Client does not itself transfer ownership of that material.
7. Rights in Final Approved Deliverables: Upon full payment, the Client receives only the rights or licence in the final approved deliverables that have been expressly agreed in the applicable quotation, proposal or written agreement. Where copyright is specifically assigned to the Client, that assignment applies only to the final approved work expressly identified as being transferred. Unless expressly included in writing, a transfer of rights does not include rejected or alternative concepts, unused creative routes, strategy presentations or audit documents, research or working documents, methodologies or frameworks, source or working files, templates developed by Blood, Sweat + Polony, third-party assets, or Blood, Sweat + Polony’s pre-existing intellectual property. Third-party materials such as fonts, stock imagery, software, plugins and licensed assets remain subject to the terms of their respective licensors.
8. Presentations, Concepts & Client Review: Material presented during a project is supplied to the Client for the purpose of evaluating, discussing and approving the work within the agreed project. The Client may share project presentations internally with employees, directors or representatives who are directly involved in evaluating or approving the project, provided that the material remains confidential and is used only for that purpose.
Unless Blood, Sweat + Polony gives prior written consent, the Client may not, in whole or in part: provide our presentations, strategy, concepts or creative work to another agency, designer, freelancer, consultant, developer or supplier for briefing, development or implementation; use our work as the basis of a brief, tender, request for quotation or competitive pitch to another supplier; reproduce, adapt, redraw, recreate or develop an unselected concept; instruct a third party to reproduce, adapt, imitate or develop our work; extract concepts, layouts, systems, strategic recommendations or creative directions from a presentation for implementation outside the agreed project; distribute project material outside the relevant Client project team except where reasonably required for internal approval; remove ownership, confidentiality, copyright or attribution notices; represent or imply that Blood, Sweat + Polony’s strategy, concepts, presentations or creative work were created by the Client or another party; or otherwise exploit the material outside the agreed scope.
A presentation or strategic document may not be used, in whole or in part, to brief or commission third-party creative work without prior written consent from Blood, Sweat + Polony. Where the Client wishes another supplier to implement or develop work created by Blood, Sweat + Polony, a separate implementation licence or intellectual-property buyout may be required and may be quoted separately.
9. Unselected & Rejected Work: All concepts, designs, names, routes, options and materials that are not selected as final approved deliverables remain exclusively the property of Blood, Sweat + Polony. Payment for a project does not grant the Client any right to use rejected or unselected work unless that use has been separately agreed and paid for. The Client may not subsequently implement, reproduce or commission another party to develop an unselected concept without our prior written permission.
10. Source & Working Files: Editable, layered, native or source files are not automatically included in a project fee. This includes, without limitation, Illustrator, Photoshop, InDesign, Figma, working presentation, development, animation, font, template and other production files. Where source files are required, their release and permitted use must be expressly included in the project scope or separately agreed. Internal working files, methods, templates and production systems may remain proprietary to Blood, Sweat + Polony even where final artwork is supplied.
11. Confidentiality & Unauthorised Distribution: Client-confidential information supplied to us will be treated as confidential and used for the purposes of the project. In return, non-public concepts, strategies, presentations and development work supplied by Blood, Sweat + Polony must also be treated as confidential until made public by mutual agreement or through authorised implementation. Unauthorised circulation does not create any licence or right of use.
12. Artificial Intelligence & Automated Systems: Unless expressly authorised in writing, the Client may not upload non-public Blood, Sweat + Polony presentations, strategy, concepts, artwork, designs, source files or other proprietary project materials to generative artificial-intelligence systems or similar automated services for the purpose of reproducing or imitating the work; generating derivative creative work; training or fine-tuning a system; extracting styles, concepts or design systems; producing alternative executions from our work; or enabling a third party to replicate or develop the work. Nothing in this provision prevents ordinary internal technological processing reasonably required to review or store project materials, provided that it does not grant third parties rights to use the materials for training or creative replication.
13. Unauthorised Use & Breach: Any use, reproduction, adaptation, distribution, implementation or disclosure of Blood, Sweat + Polony intellectual property outside the rights expressly granted constitutes a material breach of these Terms. Where unauthorised use occurs, Blood, Sweat + Polony reserves the right, to the extent permitted by law, to require the use or distribution to cease immediately; require copies or derived material to be deleted, destroyed or returned; suspend or terminate services; suspend or revoke licences where legally and contractually permissible; charge an appropriate retrospective licence or implementation fee; seek payment of damages or a reasonable royalty; seek urgent interdictory or other appropriate relief; recover appropriate legal costs; and pursue any other rights or remedies available under contract or applicable law. Payment of a retrospective licence fee will not automatically waive any other rights unless expressly agreed in writing.
14. Attribution & Misrepresentation: No person may knowingly represent Blood, Sweat + Polony’s creative work, strategy, concepts or presentations as having been created by another party. Where attribution is appropriate to the nature of the work or agreed between the parties, Blood, Sweat + Polony retains the right to be identified as the creator, subject to applicable law and any written agreement between the parties.
15. Portfolio & Self-Promotion: Unless confidentiality or a non-disclosure agreement expressly provides otherwise, Blood, Sweat + Polony may display final approved work after it has been publicly released for portfolio, award, editorial, social-media, case-study and self-promotional purposes. Confidential information and unpublished Client materials will not be disclosed for these purposes without permission.
16. Cancellation: If a project is cancelled after commencement, Blood, Sweat + Polony retains ownership of all copyright, concepts, artwork and project materials created to that date; the Client may not use unfinished, rejected or development work unless separately licensed; all work completed and committed third-party costs remain payable; and any cancellation fee stated in the applicable quotation or proposal will apply. Unless otherwise stated in the project agreement, a cancellation fee of 50% of the overall project fee may apply.
17. Website Intellectual Property: Unless otherwise stated, Blood, Sweat + Polony and/or its licensors own the intellectual property rights in all original text, graphics, design, branding, imagery, case studies, layouts, concepts and other content appearing on this website. All rights are reserved. Website content may be viewed for ordinary personal or business-reference purposes but may not, without prior written permission, be reproduced or republished; sold, rented or sublicensed; copied or redistributed; scraped or systematically extracted; incorporated into another website, portfolio, dataset or commercial product; used to train, fine-tune or prompt an artificial-intelligence system for imitation or reproduction; or presented as the work of another person or business. No licence is granted merely by accessing the website.
18. Links & Third-Party Content: You may link to publicly available pages of our website provided the link is not misleading and does not imply sponsorship, endorsement or association where none exists. No use of Blood, Sweat + Polony’s logo, identity or artwork is permitted without prior written approval. We are not responsible for the content, security, availability or practices of third-party websites linked from our website.
19. Cookies & Privacy: The website may use cookies and similar technologies for essential functionality, analytics and other purposes described in our Privacy Policy or cookie notice. Personal information collected through this website will be processed in accordance with our Privacy Policy and applicable South African data-protection legislation.
20. No Warranties: We make reasonable efforts to keep information on this website accurate and current but do not warrant that all website content will always be complete, accurate or continuously available. The website and its general information are provided on an “as is” basis and do not constitute legal, financial or other professional advice.
21. Limitation of Liability: To the maximum extent permitted by applicable law, Blood, Sweat + Polony will not be liable for indirect, consequential, incidental or special loss arising from use of this website or our services. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
22. Indemnification: You indemnify Blood, Sweat + Polony against reasonable claims, costs, damages and expenses arising from your breach of these Terms; your unauthorised use of our intellectual property; or materials supplied by you that infringe a third party’s rights, to the extent permitted by applicable law.
23. Governing Law: These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or services supplied under them will be subject to the jurisdiction of the competent courts of South Africa, unless otherwise agreed in writing.
24. Severability & Waiver: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. A failure by Blood, Sweat + Polony to enforce a right on one occasion does not constitute a waiver of that right.
25. Variation of Terms: Blood, Sweat + Polony may update these Terms from time to time. The Terms applicable to a particular project will be those incorporated into or applicable to the agreement governing that project, unless the parties subsequently agree otherwise in writing. These Terms were updated on 3 September 2026 and replace the version previously published.
26. Contact: Questions regarding these Terms or requests relating to the use or licensing of Blood, Sweat + Polony intellectual property may be sent to us@bloodsweatandpolony.com.