TERMS OF SERVICE
Welcome to Surfin! These Terms of Service (“Terms”) govern your use of our website and the services provided by Surfin, a collaboration between UX Refinery (Pty) Ltd based in South Africa and SCLA Research Limited based in Malta. By accessing or using our services, you agree to these Terms. Please read them carefully before proceeding.
1. Definitions
1.1 Surfin: Any reference to “Surfin” in these Terms of Service, or in any related documents or communications, also implies UX Refinery and SCLA Research, as Surfin is a collaboration between these two entities.
1.2 Statement of Work (SOW): A document outlining specific services to be provided, agreed upon on a project-by-project basis.
1.3 Intellectual Property: All copyrights, patents, trademarks, trade secrets, and other proprietary rights.
1.4 Services: The research, consultancy, and other offerings detailed in SOWs and provided by Surfin.
1.5 Client: Any individual or entity engaging with Surfin for services.
2. Acceptance of Terms
2.1 By accessing or using our services, you confirm that you are at least 18 years of age and legally capable of entering into binding agreements.
2.2 If you do not agree to these Terms, you must not use our website or services.
3. Scope of Services
3.1 We provide market and UX research services as outlined in individual SOWs agreed upon with each client.
3.2 Changes to the scope of services, including timelines and fees, must be agreed upon in writing.
3.3 We reserve the right to decline service requests at our sole discretion, including but not limited to circumstances where the requested services conflict with our expertise, ethical guidelines, or operational capacity.
4. Payment Terms
4.1 Fees and payment schedules are outlined in the respective SOWs.
4.2 Invoices are issued upon project completion or milestone delivery for longer projects, with payment due within 10 business days.
4.3 Late payments incur interest at 20% per annum or the maximum amount permitted by local laws in all jurisdictions where we operate, whichever is lower.
4.4 Expenses necessary for service delivery may need to be paid upfront.
4.5 All fees are exclusive of applicable taxes, which the client is responsible for paying.
5. Confidentiality
5.1 All proprietary or confidential information disclosed during collaboration will remain confidential.
5.2 Disclosure to third parties is prohibited without prior written consent, except as required by law.
5.3 Confidentiality obligations will survive the termination of any agreements held with clients, including these Terms.
6. Intellectual Property
6.1 Intellectual Property created specifically for the client during service delivery belongs to the client.
6.2 Our pre-existing Intellectual Property, including methodologies and frameworks, remains ours.
6.3 The client grants us a limited license to use their trademarks or branding strictly for the purpose of delivering agreed services.
7. Limits of Liability
7.1 Liability for damages is limited to the fees paid under the applicable SOW.
7.2 We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.
7.3 Each party bears its own legal costs related to these Terms and any disputes arising from them.
8. Non-Solicitation
8.1 Upon termination of any client agreements, neither party may solicit the employees or clients of the other for 12 months.
9. Termination
9.1 Termination notices and conditions will be stipulated in individual client agreements.
9.2 Services rendered up to the termination of any agreement with clients remain payable.
10. Equipment Use
10.1 We use our own equipment to deliver services.
10.2 Clients may not access, modify, or interfere with our equipment or software without prior written consent.
11. Governing Law and Jurisdiction
11.1 These Terms are governed by the laws of either South Africa (for contracts with UX Refinery) or Malta (for contracts with SCLA Research Limited), depending on which entity the client has contracted with.
11.2 Disputes are resolved through arbitration, with proceedings conducted in English.
11.3 If arbitration is not applicable, disputes shall be resolved in the courts of the respective jurisdiction—South Africa for contracts with UX Refinery, or Malta for contracts with SCLA Research Limited.
12. Force Majeure
12.1 Neither party is liable for delays caused by events beyond their control, such as natural disasters, pandemics, or governmental actions.
12.2 Obligations are suspended during such events, with deadlines extended accordingly.
12.3 Either party may terminate an agreement if the Force Majeure Event exceeds 30 days.
13. Data Protection
13.1 Both parties agree to comply with applicable data protection laws, including GDPR, POPIA, and similar regulations.
13.2 Clients are responsible for ensuring that any data shared with us complies with applicable laws.
14. Severability
14.1 If any provision of these Terms is found unenforceable, the remaining provisions remain valid.
15. Prohibited Uses
15.1 You may not use our services to engage in illegal, harmful, or fraudulent activities.
15.2 Any attempt to interfere with our website or services may result in legal action.
16. Feedback and Communication
16.1 By submitting feedback or suggestions, you grant us the right to use them without restriction or compensation.
16.2 We may contact you regarding service updates, changes to these Terms, or promotional offers.
17. Governing Terms
17.1 The terms set forth in these Terms of Service are for general reference only. The specific terms of the agreement between Surfin and the Client will be outlined in a separate written agreement.
17.2 In the event of any inconsistency between these Terms of Service and the specific agreement, the terms of the individual agreement will prevail.
18. Contracting Entity
18.1 Surfin is a collaboration between UX Refinery and SCLA Research. Clients will either be contracted with UX Refinery or SCLA Research, depending on the region.
18.2 Clients from the European Union will, by default, be contracted with SCLA Research. Clients from Southern Africa will be contracted with UX Refinery.
18.3 The contracting entity for clients from other regions will be determined on an ad-hoc basis.
19. Superseding Terms
19.1 These Terms of Service will supersede any terms mentioned on UX Refinery or SCLA Research’s own websites. In case of conflict, the terms provided here will prevail.
20. Accuracy of Information
20.1 Surfin is not responsible for the accuracy, completeness, or reliability of any information provided on its website. The content provided is for informational purposes only and is subject to change without notice.
21. Changes to Terms of Service
21.1 Surfin reserves the right to modify or update these Terms of Service at any time, without prior notice. It is the responsibility of the client to regularly review these Terms and Conditions.
21.2 In cases where a separate written agreement has been established, those specific terms will prevail, and changes to these Terms will not affect the written agreement unless otherwise agreed upon.
Contact Us
For any questions about these Terms, please contact us at someone@wearesurfin.com.