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Digital South

Terms of Service

Welcome to Digital South. These Terms of Service govern your use of our website and the digital services provided by Digital South.

By using our website or purchasing our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our website or services.

1. About Digital South

Digital South is a digital agency providing services including:

  • Website design and development
  • Website hosting
  • Search Engine Optimisation (SEO)
  • Social media marketing
  • Content creation
  • Graphic design
  • Logo design
  • Website maintenance and updates
  • Related digital services

Our services are provided to businesses, entrepreneurs, startups, organisations, and individuals.

2. Acceptance of These Terms

By submitting an enquiry, requesting a quotation, placing an order, making a payment, or using any service provided by Digital South, you confirm that you have read, understood, and accepted these Terms of Service.

These Terms of Service apply to all clients and customers unless a separate written agreement has been agreed upon between the client and Digital South.

3. Quotes and Service Agreements

All quotations provided by Digital South are based on the information available at the time of the quotation.

A quotation may include:

  • The services included
  • The estimated project scope
  • The estimated timeline
  • The total price
  • Any additional terms or requirements

A quotation is not considered accepted until the client confirms acceptance and any required deposit or payment has been received.

Additional work outside the agreed project scope may result in additional charges.

4. Website Design and Development Services

Digital South will provide website design and development services based on the agreed project requirements.

The client is responsible for providing any required:

  • Business information
  • Text and written content
  • Images and media
  • Logos and branding materials
  • Product or service information
  • Login details and access information where required

The client confirms that any materials provided to Digital South may legally be used for the intended project.

Digital South is not responsible for delays caused by the client failing to provide the required information, content, approvals, or access details.

5. Revisions and Changes

The number of revisions included in a project will depend on the agreed package or quotation.

Requests that significantly change the original project scope may be treated as additional work.

Additional charges may apply for:

  • New pages
  • New features
  • Major design changes
  • Additional functionality
  • Changes requested after final approval
  • Work outside the original agreement

6. Project Timelines

Digital South will make reasonable efforts to complete projects within the estimated timeframe provided to the client.

Project timelines may be affected by:

  • Delays in receiving content or information from the client
  • Delays in receiving approvals
  • Changes to the project scope
  • Technical issues
  • Third-party services
  • Circumstances outside the reasonable control of Digital South

Estimated timelines are not guaranteed unless a specific completion date has been agreed to in writing.

7. Payments

Payment terms will be communicated in the quotation, invoice, or service agreement.

Depending on the service, Digital South may require:

  • A deposit before work begins
  • Full payment before the project begins
  • Monthly or recurring payments
  • Payment before the delivery of final files or access

Digital South reserves the right to pause or suspend work if payments are overdue.

Any outstanding amounts may need to be paid before the completion or release of a project.

8. Website Hosting Services

Where hosting services are provided, the hosting service is subject to the hosting package and limitations agreed upon with the client.

Digital South may use third-party hosting providers or reseller hosting infrastructure to provide hosting services.

Hosting services may be affected by:

  • Server maintenance
  • Technical issues
  • Service interruptions
  • Third-party infrastructure
  • Security incidents
  • Events outside the reasonable control of Digital South

Digital South will make reasonable efforts to maintain hosting services but cannot guarantee uninterrupted or completely error-free service.

Clients are responsible for ensuring that their website content and activities comply with applicable laws and the hosting provider’s acceptable use policies.

9. Domains, Email and Third-Party Services

Domain registration, email services, plugins, software, hosting infrastructure, payment gateways, APIs, and other third-party services may be subject to separate terms and fees.

Digital South is not responsible for changes, outages, pricing changes, restrictions, or failures caused by third-party service providers.

Where Digital South manages a third-party service on behalf of a client, the client remains responsible for any applicable third-party fees unless otherwise agreed.

10. Search Engine Optimisation (SEO)

Digital South may provide SEO services intended to improve a website’s visibility and online presence.

However, Digital South does not guarantee:

  • A specific search engine ranking
  • A specific position on Google
  • A specific number of visitors
  • A specific number of leads or sales

Search engine rankings are affected by many factors, including search engine algorithms, competition, industry, website content, and other factors outside the control of Digital South.

11. Social Media Marketing and Content Creation

Social media marketing and content creation services will be provided according to the agreed package or quotation.

The client is responsible for reviewing and approving content where approval is required.

Digital South is not responsible for:

  • Changes to social media platforms
  • Platform outages
  • Account restrictions or suspensions caused by the platform
  • Changes to platform algorithms
  • Results affected by factors outside the control of Digital South

The client must ensure that all information provided for marketing and content creation is accurate and legally permitted to be used.

12. Intellectual Property

Unless otherwise agreed in writing, Digital South retains ownership of its original design processes, systems, methods, templates, code libraries, and other pre-existing materials.

Once the client has paid all outstanding amounts, the client may receive the agreed rights to use the final project deliverables.

Third-party themes, plugins, software, images, fonts, and other materials may be subject to their own licences and terms.

The client is responsible for ensuring that any materials provided to Digital South do not infringe the rights of another person or organisation.

13. Client Responsibilities

The client agrees to:

  • Provide accurate information
  • Provide required content and materials
  • Respond to requests within a reasonable time
  • Review and approve work
  • Make payments on time
  • Maintain the security of their login details
  • Use services lawfully
  • Avoid using services for illegal or harmful activities

Digital South is not responsible for issues caused by inaccurate information or materials supplied by the client.

14. Website Maintenance and Updates

Website maintenance and updates are only included where specifically stated in the agreed package or service agreement.

Unless otherwise agreed, clients are responsible for ongoing website maintenance after the completion of a project.

Maintenance may include:

  • Website updates
  • Content changes
  • Plugin updates
  • Security updates
  • Website backups
  • Technical support

The specific services included will depend on the selected package.

15. Cancellation and Termination

A client may request the cancellation of a service in accordance with the applicable cancellation terms or service agreement.

Digital South may suspend or terminate services where:

  • Payments remain unpaid
  • The client breaches these Terms of Service
  • The service is used for illegal purposes
  • The client engages in abusive or threatening behaviour
  • The client provides misleading or fraudulent information

Cancellation may not remove the client’s responsibility to pay for services already completed or amounts already owed.

For further information, please refer to our Service Cancellation Policy.

16. Refunds

Refunds will be considered according to the applicable service agreement, quotation, invoice, or refund policy.

Because certain digital services involve time, work, resources, subscriptions, and third-party costs, not all services may be refundable once work has started or a service has been activated.

Any refund request should be submitted to Digital South as soon as possible.

17. Limitation of Liability

Digital South will make reasonable efforts to provide professional digital services.

However, Digital South is not responsible for indirect losses, loss of profits, loss of business, loss of data, loss of revenue, or other losses resulting from circumstances outside the reasonable control of Digital South.

Digital South is also not responsible for issues caused by third-party providers, platforms, hosting companies, software, plugins, domain registrars, search engines, or social media platforms.

18. Website and Service Availability

Digital South does not guarantee that the website or services will always be available, uninterrupted, secure, or free from errors.

Temporary interruptions may occur due to maintenance, technical issues, hosting problems, third-party services, or circumstances beyond our control.

19. Privacy and Personal Information

Digital South may collect and process personal information when providing services.

Personal information will be handled in accordance with our Privacy Policy and applicable South African privacy laws.

For more information about how personal information is handled, please refer to our Privacy Policy.

20. Changes to These Terms

Digital South reserves the right to update or change these Terms of Service from time to time.

Any changes will be published on this page with an updated “Last Updated” date.

Your continued use of our website or services after changes have been published means that you accept the updated Terms of Service.

21. Governing Law

These Terms of Service shall be governed by the laws of the Republic of South Africa.

Any disputes will be handled in accordance with applicable South African law.

22. Contact Us

If you have any questions regarding these Terms of Service, please contact Digital South.

Business Name: Digital South
Email: [Insert Business Email]
Website: [Insert Website Address]
Location: South Africa

By using our website or services, you acknowledge that you have read and agreed to these Terms of Service.