TERMS AND CONDITIONS OF SERVICE

Last updated: 16 January 2026

These Terms and Conditions (“Agreement”) govern the provision of services by Creators Digital Agency (“we”, “us”, “our”) to any client (“Client”, “you”, “your”). This Agreement applies to all web development, hosting, maintenance, support, and related services provided by Creators.

By accepting a quotation, making payment, or instructing us to commence work, you confirm that you have read, understood, and agreed to be bound by this Agreement.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

Unless the context indicates otherwise:

  • Agreement means these Terms and Conditions together with any accepted quotation, scope of work, proposal, or invoice issued by Creators.

  • Scope of Work / Scope means the written description of services, deliverables, timelines, and assumptions as set out in the quotation or proposal accepted by the Client.

  • Services means all services provided by Creators, including but not limited to website design, development, hosting, maintenance, support, consulting, integrations, and related services.

  • Deliverables means the website, designs, code, content, or other work product produced under the Scope.

  • Premium Plugins means any paid third‑party software, licenses, themes, or plugins owned, licensed, or provided by Creators.

  • Business Day means any weekday excluding South African public holidays.

1.2 Interpretation

  • Headings are for convenience only and do not affect interpretation.

  • Any reference to a singular includes the plural and vice versa.

  • In the event of conflict, the accepted Scope of Work prevails over these Terms.

2. SCOPE OF WORK AND PROJECT BASIS

2.1 All Services are provided strictly in accordance with the accepted Scope of Work.

2.2 Any work performed by Creators that is reasonably required to complete the agreed Scope, whether explicitly listed or not, shall be deemed to form part of the Scope.

2.3 Full payment shall be required for all work that Creators reasonably determines to fall within the agreed Scope.

2.4 Any work requested by the Client that falls outside the Scope shall be quoted separately and will only commence once accepted in writing.

3. REVISIONS AND CHANGE REQUESTS

3.1 Each accepted quotation and paid invoice includes a maximum of three (3) rounds of revisions.

3.2 A “revision” means reasonable modifications to existing approved work and does not include new functionality, redesigns, additional pages, integrations, or scope changes.

3.3 Any revisions exceeding four rounds, or any changes deemed outside the original Scope, will require a new quotation.

3.4 Creators reserves the right to pause work until additional quotations are accepted and paid.

3.5 Project Boards and Change Tracking

3.5.1 For larger or ongoing projects, Creators may require the use of a designated project board or task management system.

3.5.2 All change requests, revisions, feedback, and approvals must be submitted via the agreed project board.

3.5.3 Any request not logged on the project board shall be deemed not submitted and may be treated as accepted or outside scope.

3.5.4 In the event of a dispute, the project board shall serve as the primary record of requested changes, approvals, and acceptance.

4. TURNAROUND TIMES

4.1 Project timelines and turnaround times will be stipulated in the accepted quotation.

4.2 Timelines are project-based and dependent on Client cooperation, content delivery, approvals, and feedback.

4.3 Delays caused by the Client may result in revised timelines and do not constitute a breach by Creators.

4A. TESTING, LAUNCH, AND ACCEPTANCE

4A.1 Upon launch of a website or delivery of a major project milestone, the Client will be granted a seven (7) calendar day acceptance period.

4A.2 During the acceptance period, the Client may report reasonable layout, UX, or UI issues directly related to the agreed Scope of Work.

4A.3 Issues raised within this acceptance period will be addressed at no additional cost, provided they fall within the original Scope.

4A.4 Any feedback, requests, or changes submitted after the acceptance period shall be deemed out of scope and will require a separate quotation.

4A.5 Failure to raise issues within the acceptance period shall constitute formal acceptance of the Deliverables.

5. INTELLECTUAL PROPERTY

5.1 Client Ownership

Upon full and final payment:

  • All website content, designs, graphics, and custom-developed website work produced specifically for the Client shall become the property of the Client.

  • The Client may request a transfer of the website at any time with one (1) calendar month’s written notice, provided all outstanding fees are settled.

5.2 Creators’ Tools and Premium Plugins

  • All Premium Plugins, licenses, themes, and proprietary tools remain the exclusive property of Creators.

  • If the website is transferred away from Creators’ services, all Premium Plugin licenses will be removed.

  • The Client acknowledges that removal of Premium Plugins may result in loss of functionality, security updates, or compatibility over time.

5.3 Maintenance Dependency

  • Websites will not be updated, maintained, or supported unless an active maintenance package is in place.

  • Without a maintenance package, ongoing updates, security, performance, and stability become the Client’s sole responsibility.

5.4 Unauthorised Plugins

Creators accepts no responsibility for:

  • Plugins, themes, or software installed without Creators’ licenses or approval;

  • Breakages, security vulnerabilities, performance issues, or data loss arising from such installations.

6. SUPPORT AND COMMUNICATION

6.1 WhatsApp Support

  • Available on weekdays between 08:00 and 17:00 (SAST).

6.2 Email Support

  • Standard response time is up to 48 hours on Business Days.

6.3 Critical Issues

  • Server‑level outages affecting websites or email services will be addressed immediately upon detection or notification.

7. HOSTING, SUSPENSION, AND TERMINATION

7.1 Hosting Payments

  • Hosting fees are payable as invoiced.

  • Creators reserves the right to suspend hosting services if payment remains outstanding for 30 days.

7.2 Suspension and Data Handling

Upon suspension or termination:

  • All services will be suspended.

  • Website files and backups will be downloaded and retained by Creators for six (6) months.

  • All email accounts associated with the hosting environment will be deleted immediately.

  • A backup copy of the website will be provided to the Client.

7.3 Outstanding Fees

All outstanding fees must be settled before termination can be finalised or services transferred.

8. PAYMENTS, TAXES, AND REFUNDS

8.1 All fees are inclusive of VAT unless stated otherwise.

8.2 VAT and applicable taxes will be charged at the prevailing South African statutory rates.

8.3 No refunds will be issued once payment has been made for website development or related services.

8.4 No late payment interest is charged; however, services may be suspended as set out above.

9. LIABILITY AND WARRANTY LIMITATIONS

9.1 Services are provided on an “as‑is” and “as‑available” basis.

9.2 Creators does not warrant that:

  • The website will be error‑free or uninterrupted;

  • Third‑party services, plugins, or platforms will remain compatible or available;

  • The website will achieve any specific commercial, marketing, or performance outcomes.

9.3 To the fullest extent permitted by law, Creators shall not be liable for:

  • Loss of profits, revenue, business, or data;

  • Indirect, incidental, or consequential damages;

  • Security breaches caused by third‑party software, hosting providers, or unauthorised access.

9.4 Creators’ total liability shall be limited to the total fees paid by the Client for the affected Services.

10. CONFIDENTIALITY

10.1 Each party undertakes to keep confidential any non‑public, proprietary, or sensitive information received from the other.

10.2 Confidential information shall not be disclosed to third parties except where required by law or necessary to perform the Services.

11. DATA PROTECTION AND POPIA

11.1 Creators complies with the Protection of Personal Information Act, 4 of 2013 (POPIA).

11.2 The Client remains responsible for ensuring that any personal data processed on their website is collected lawfully and with appropriate consent.

11.3 Creators may use third‑party compliance tools (including cookie and consent management plugins) but does not provide legal compliance guarantees.

12. INDEMNITY

12.1 The Client indemnifies and holds Creators harmless against any claims, damages, losses, or expenses arising from:

  • Content supplied by the Client;

  • Breach of law, regulation, or third‑party rights;

  • Use or misuse of the website or Services.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 The parties shall first attempt to resolve any dispute through good‑faith mediation.

13.2 If mediation fails, the dispute shall be referred to arbitration in South Africa.

13.3 This Agreement is governed by the laws of the Republic of South Africa.

14. GENERAL

14.1 Creators reserves the right to update these Terms from time to time.

14.2 Continued use of Services constitutes acceptance of the latest version.

14.3 If any provision is found unenforceable, the remaining provisions shall remain in effect.