1. Definitions

• Client: The person, business, company, or representative requesting or paying for the Services.
• Services: Any work, deliverables, advice, or access we provide.
• Proposal: Any written quotation, scope of work, invoice, or agreement accepted by the Client.
• Third-Party Services: Any external tools, platforms, plugins, hosting, ads accounts, domains, or other outside services used in the Services.

2. Changes to These Terms

We may update, amend, or replace these Terms and Conditions from time to time. The latest version will be published on our website and will apply from the date of publication, unless otherwise stated.

Where a Client has accepted a specific written Proposal, the commercial terms in that Proposal will continue to apply to that accepted work, unless both parties agree otherwise in writing.

The Client is responsible for reviewing the latest version of these Terms and Conditions before accepting new Services, renewing Services, or continuing with ongoing Services.

3. Scope of Work

We will deliver only the Services explicitly described in the accepted Proposal. Any additional work, including extra pages, revisions beyond allowance, new features, copywriting, migrations, emergency fixes, and meetings, will be quoted and charged separately.

We may refuse any request that is unlawful, unethical, misleading, or outside our expertise.

4. Quotations and Acceptance

Quotations are valid for 14 days. A contract is formed when the Client accepts the Proposal in writing, pays a deposit or setup fee, or instructs us to start work.

Deposits and setup fees are non-refundable once work commences.

5. Client Responsibilities

The Client must promptly provide all necessary content, materials, access, approvals, logins, branding, and information. The Client is solely responsible for the accuracy, legality, and ownership of all supplied content.

The Client must respond to requests within a reasonable time. Client-caused delays will automatically extend deadlines.

The Client remains fully responsible for its own sales process, lead follow-up, customer service, pricing, product quality, and business operations. We are not liable for lost sales or poor results caused by the Client’s internal issues.

6. Marketing Results and No Guarantees

We aim to improve leads, traffic, conversions, and ROI, but we do not guarantee any specific results, including leads, sales, rankings, revenue, or profit, unless a specific written guarantee with clear baselines, conditions, period, and remedies is included in the signed Proposal.

Marketing outcomes depend on many external factors, including algorithms, competition, ad spend, the Client’s offer, follow-up, sales process, market demand, and platform rules.

7. Paid Advertising and SEO

Ad spend is the Client’s responsibility and paid directly to the platform unless otherwise agreed. We are not liable for platform policy changes, disapprovals, bans, or cost increases.

The Client must not alter campaigns, tracking, or settings without our prior notice.

SEO improvements take time and are not guaranteed. Search engines can change algorithms at any time.

8. Website Design, Development and Approval

Websites are built on WordPress unless stated otherwise. The Client must review and approve the site before launch. Approval, or an instruction to launch, constitutes acceptance.

Post-launch changes, repairs, or additional work are charged separately unless covered by an active maintenance package.

9. Revisions

Unless specified in the Proposal, projects include a maximum of two (2) reasonable revision rounds. Additional revisions or major changes, including new concepts, new functionality, or new layouts, are charged at our standard rates.

10. Intellectual Property and Ownership

All work, designs, code, copy, funnels, strategies, templates, videos, and materials created by us remain our intellectual property until all invoices are paid in full.

Upon full and final payment, the Client receives a non-exclusive licence to use the final approved deliverables for its own business purposes.

Source files, editable designs, custom code libraries, strategy documents, and working files are not included unless expressly stated and paid for.

The Client grants us a licence to use supplied materials and indemnifies us against any claims arising from them.

11. Third-Party Tools, Themes and Plugins

Third-party costs are for the Client’s account unless stated. Rented themes, plugins, or licences are provided only while the Client maintains the relevant hosting or maintenance package. Cancellation or non-payment will result in licences being revoked and related features stopping.

12. Hosting, Email, Backups and Security

Hosting and related services are provided on a monthly or annual basis. We do not guarantee 100% uptime, error-free operation, or immunity from attacks.

Backups are a courtesy only. The Client must maintain its own critical data.

We are not liable for downtime, data loss, email non-delivery, or security breaches except in cases of our proven gross negligence or wilful misconduct.

13. Domains

Domains registered or managed by us remain under our control until all amounts are paid. Transfer occurs only after full payment and any required notice periods.

14. Payment Terms

Invoices are due on the stated date, or immediately if no date is stated. Monthly fees are payable in advance.

Overdue amounts accrue interest at the maximum rate permitted by law, or prime plus 2% per annum.

We may suspend or withhold all Services, including website access, hosting, email, advertising management, reports, and work, if any payment is overdue.

15. Non-Payment and Suspension Rights

If the Client fails to pay any invoice by the due date, we may immediately:

• Suspend websites, hosting, email, advertising campaigns, maintenance, support, and all other Services.
• Withhold handover of websites, domains, files, logins, strategy documents, and any completed work.
• Take sites offline or restrict access.

No website, domain, or asset transfer will occur until all outstanding amounts, including interest and collection costs, are paid in full. Suspension does not cancel the debt. The Client remains liable for all fees incurred.

16. Cancellation

Project work can be cancelled in writing, but the Client remains liable for all work performed, costs incurred, and non-refundable fees up to the cancellation date.

Ongoing monthly services, including hosting, maintenance, retainers, ad management, SEO, and related services, require 30 days’ written notice. Cancellation will not be accepted while any amounts are outstanding.

Consumer Protection Act rights, where applicable to consumers, are not excluded where they cannot lawfully be limited.

17. Handover and Transfer

Handover assistance is provided only after full payment and valid cancellation. Handover is limited to reasonable assistance and does not include rebuilding, training new suppliers, source files, or paid licences unless separately quoted.

Once transferred off our systems, we have no further responsibility for performance, security, backups, or maintenance.

18. Maintenance and Support

Only services explicitly included in an active package are covered. Emergency, after-hours, or additional support is charged separately.

19. Meetings and Consulting

Advice is general and the Client remains responsible for all business decisions and outcomes. Missed meetings with less than 24 hours’ notice may be charged.

20. Confidentiality and POPIA

Both parties will maintain confidentiality. We process personal information only as necessary to deliver the Services and in accordance with POPIA. The Client remains responsible for its own data collection, privacy notices, and lawful processing.

21. Portfolio and Credits

We may showcase the Client’s project in our portfolio and marketing, with reasonable discretion, and include a discreet credit on websites unless otherwise agreed in writing.

22. Limitation of Liability

To the maximum extent permitted by law, our total liability is limited to the fees paid by the Client for the specific Service in the three (3) months preceding the claim. We are not liable for indirect or consequential losses, including lost profits, lost leads, data loss, or reputation damage.

23. Indemnity

The Client indemnifies us against all claims, losses, and costs arising from the Client’s content, instructions, data practices, or breach of these Terms.

24. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control.

25. Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts.

26. Whole Agreement

These Terms, together with the accepted Proposal, constitute the entire agreement. Any amendments must be in writing and signed by both parties.

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