Terms & Conditions

01 Acceptance of Terms

These Terms and Conditions ("Terms") govern the relationship between Smart Web Design ("we", "us", "the Agency") and any individual or entity ("Client", "you") who engages our services or uses this website.

By submitting a quote request, signing a project proposal, making a payment, or otherwise engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not engage our services.

Smart Web Design reserves the right to update these Terms at any time. Updates will be published on this page with a revised "Last updated" date. Continued engagement of our services after any update constitutes acceptance of the revised Terms.

02 Services

Smart Web Design offers the following services, as described on our website and in individual project proposals:

• Custom website design and development
• E-commerce store development
• Web and mobile application development
• Search engine optimisation (SEO)
• Website hosting, maintenance, and technical support
• Booking and reservation system development

The specific scope, deliverables, timeline, and pricing for each engagement will be set out in a written project proposal or quote provided to the Client. No work will commence until both parties have agreed to the scope and the initial deposit has been received.

03 Payment Terms

Deposit requirement

A 50% non-refundable deposit is required before any work commences. The remaining 50% balance is due upon completion of the project, prior to the final website going live or files being delivered to the Client.

Payment methods

We accept payment via Electronic Funds Transfer (EFT), PayFast, or other payment methods as specified on our invoice. Our banking details will be provided on the invoice. Payments must reference the invoice number.

Late payments

Final payment is due within 7 days of the completion notice being issued. Overdue accounts will be charged interest at 2% per month on the outstanding balance. Smart Web Design reserves the right to suspend or withhold delivery of work, hosting services, or access to accounts until all outstanding amounts are settled.

Price estimates

All prices are quoted in South African Rand (ZAR) unless otherwise stated. Quoted prices are valid for 30 days from the date of issue. VAT will be added where applicable.

04 Project Timelines & Deliverables

Project timelines are estimated at the time of quote and are dependent on:

• Timely provision of content, images, and information by the Client.
• Prompt feedback and approval of design mockups and staged deliverables.
• Scope remaining consistent with the original agreed brief.

Smart Web Design will make reasonable efforts to meet agreed deadlines, but we are not liable for delays caused by late delivery of Client materials or significant scope changes. If Client delays cause the project to extend beyond 60 days past the original timeline, Smart Web Design reserves the right to invoice for work completed to date.

Deliverables will be provided as specified in the project proposal. Smart Web Design does not guarantee specific rankings, traffic volumes, or business outcomes unless explicitly stated in a separate Service Level Agreement.

05 Intellectual Property

Ownership after full payment

Upon receipt of full and final payment, the Client owns all custom code, design files, and creative assets produced specifically for the project ("Final Deliverables"). Smart Web Design transfers all intellectual property rights in the Final Deliverables to the Client at this point.

Until full payment

Until final payment is received in full, all work produced remains the intellectual property of Smart Web Design. The Client may not copy, publish, distribute, or otherwise use any work-in-progress without prior written consent.

Third-party assets

Our work may incorporate third-party components such as stock photography, fonts, icon sets, open-source libraries, plugins, and frameworks. These remain subject to their own respective licences. Smart Web Design will disclose any licencing requirements that the Client must independently maintain after project handover.

Portfolio rights

Smart Web Design reserves the right to display completed work in our portfolio and use it for promotional purposes (including on our website and social media), unless the Client requests confidentiality in writing prior to project completion.

06 Client Responsibilities

The Client agrees to:

• Provide accurate and complete information, content, logos, images, and any other materials required for the project in a timely manner.
• Provide feedback on design concepts and staged deliverables within the timeframe specified in the project proposal (typically 5–7 business days).
• Ensure that any content, images, or materials provided to Smart Web Design do not infringe upon any third-party intellectual property, privacy, or other rights. The Client indemnifies Smart Web Design against any claims arising from Client-supplied materials.
• Designate a single point of contact authorised to make decisions on behalf of the Client for project matters.
• Ensure that login credentials and access details provided to Smart Web Design are kept confidential and not shared with unauthorised parties.

07 Revisions & Scope Changes

Each project proposal specifies the number of revision rounds included in the quoted price (typically 2–3 rounds for design and 1–2 rounds for development). Revisions are defined as reasonable adjustments to the agreed scope within the same concept or design direction.

Requests that constitute a change in scope — such as adding new pages, features, or significantly different design directions — will be quoted separately and invoiced as additional work before commencement.

Smart Web Design will notify the Client in writing when a request falls outside the agreed scope and provide a revised quote. No additional work will begin without written approval and, where applicable, additional payment.

08 Warranties & Limitation of Liability

Our warranty

Smart Web Design warrants that work delivered will conform to the agreed specifications and be free from material defects for a period of 30 days following final delivery ("Warranty Period"). During the Warranty Period, we will rectify defects at no additional charge. This warranty does not apply to issues arising from Client modifications, third-party plugins, or circumstances outside our control.

Limitation of liability

To the maximum extent permitted by South African law, Smart Web Design's total liability to the Client for any claim arising from or related to the provision of services shall not exceed the total fees paid by the Client for the specific project to which the claim relates.

Smart Web Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.

Force majeure

Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control, including but not limited to power outages, natural disasters, load shedding, internet service provider failures, or government-imposed restrictions.

09 Cancellation Policy

Cancellation by the Client

The Client may cancel a project at any time by providing written notice. In the event of cancellation:

• The 50% deposit is non-refundable and covers work already commenced, planning, and resource allocation.
• If work completed at the time of cancellation exceeds the value of the deposit, the Client will be invoiced for the additional work completed, payable within 14 days.
• Work completed up to the point of cancellation remains the property of Smart Web Design until any outstanding balance is settled.

Cancellation by Smart Web Design

Smart Web Design reserves the right to terminate a project if the Client is in material breach of these Terms (including non-payment), or if the Client requests work that is unlawful, unethical, or in violation of any applicable regulations. In such cases, Smart Web Design will invoice for all work completed to date.

Monthly retainer services

Monthly retainer services (hosting, maintenance, SEO) may be cancelled by either party with 30 days' written notice. No refunds will be issued for the current billing period.

10 Confidentiality

Both parties agree to keep confidential any proprietary information, trade secrets, business strategies, or other sensitive information disclosed during the course of the engagement.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or a competent court.

Smart Web Design's confidentiality obligations extend to all Client data, including personal information of the Client's customers, which will be handled in accordance with our Privacy Policy.

11 Governing Law & Disputes

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Both parties consent to the jurisdiction of the courts of Gauteng, South Africa in respect of any dispute arising from or related to these Terms or the services provided.

In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. If a resolution cannot be reached within 30 days, either party may refer the dispute to mediation before initiating formal legal proceedings.

These Terms do not affect any statutory rights you may have as a consumer under applicable South African consumer protection legislation, including the Consumer Protection Act 68 of 2008.

12 Contact

If you have any questions about these Terms and Conditions or wish to discuss any aspect of your engagement with Smart Web Design, please contact us:

• Email: info@smartwebdesign.co.za
• Phone: +27 62 595 0646
• WhatsApp: +27 66 383 8041
• Address: Johannesburg, Gauteng, South Africa