weDesiign’s Terms of Service
1. Introduction & Acceptance
These Terms of Service (“Terms”) govern your access to and use of the website www.wedesiign.co.za (the “Site”) and the marketing and consulting services (the “Services”) provided by weDesiign (“weDesiign”, “we”, “us”, or “our”).
By accessing the Site, submitting an enquiry, or engaging our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Site or engage our Services.
2. Our Services
weDesiign provides marketing and consulting services to businesses and individuals. The specific scope, deliverables, timelines, and fees for any engagement will be set out separately in a proposal, quote, statement of work, or written agreement between weDesiign and the client (“Engagement”). Where there is any conflict between these Terms and a specific Engagement, the terms of that Engagement will prevail in respect of that Engagement.
3. Use of the Site
You agree to use the Site only for lawful purposes. You must not:
- Use the Site in any way that could damage, disable, or impair its functioning
- Attempt to gain unauthorised access to any part of the Site or its systems
- Use any automated means (bots, scrapers) to access or extract content from the Site without our permission
- Upload or transmit any harmful code, viruses, or malicious material via the Site
- Use the Site to transmit unlawful, defamatory, or infringing content
All content on the Site is provided “as is” for general informational purposes about our business and Services.
4. Accounts & Enquiries
When you submit an enquiry via our contact form or otherwise provide us with your details, you confirm that the information you provide is accurate and that you have the right to provide it. We may use the details you provide to respond to your enquiry and discuss a potential Engagement, in accordance with our Privacy Policy.
5. Engaging Our Services
No Services will be provided, and no binding agreement for Services will exist, until weDesiign and the client have agreed in writing (e.g. via a signed proposal, quote, or statement of work) on the scope, fees, and timeline for the Engagement. General enquiries, quotes, and discussions do not, by themselves, constitute a binding agreement.
6. Fees & Payment
- Fees for any Engagement will be set out in the relevant proposal, quote, or invoice.
- Unless otherwise agreed in writing, invoices are payable within [insert number] days of the invoice date.
- We reserve the right to request a deposit before commencing work on an Engagement.
- Late payments may attract interest and/or result in suspension of work, at our discretion.
- All fees are quoted in South African Rand (ZAR) unless stated otherwise, and are exclusive of VAT unless stated otherwise.
7. Client Responsibilities
To enable us to deliver our Services effectively, clients agree to:
- Provide accurate, complete, and timely information, materials, and feedback as reasonably requested
- Obtain any necessary rights, licences, or permissions for materials (e.g. logos, images, copy) provided to us for use in an Engagement
- Review and approve deliverables within agreed timeframes
- Make payments in accordance with the agreed terms
Delays caused by a client’s failure to provide information, materials, or approvals in a timely manner may affect project timelines, and weDesiign will not be liable for any such delays.
8. Intellectual Property
8.1 Our Site Content
All content on the Site — including text, graphics, logos, and design — is owned by or licensed to weDesiign and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.
8.2 Deliverables
Unless otherwise agreed in writing in a specific Engagement, ownership of final deliverables transfers to the client upon full payment of all fees due for that Engagement. weDesiign retains the right to use non-confidential aspects of completed work in its portfolio and marketing materials, unless the client requests otherwise in writing.
8.3 Pre-Existing Materials
Any tools, templates, frameworks, or methodologies that weDesiign owned or developed prior to, or independently of, an Engagement remain the property of weDesiign.
9. Confidentiality
Both weDesiign and the client agree to keep confidential any non-public business, financial, or technical information disclosed by the other party in connection with an Engagement, and to use such information only for the purpose of the Engagement. This obligation continues after the Engagement ends, except where the information becomes publicly available through no fault of the receiving party, or where disclosure is required by law.
10. Third-Party Links & Services
The Site may contain links to third-party websites or make use of third-party tools (such as analytics or advertising platforms) that are not owned or controlled by weDesiign. We are not responsible for the content, privacy practices, or terms of any third-party websites or services. We encourage you to review the terms and privacy policies of any third party you interact with.
11. Disclaimers
The Site and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. While we take reasonable steps to ensure the accuracy of information on the Site, we do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
Marketing and consulting outcomes (such as leads, sales, rankings, or engagement) can be influenced by many factors outside our control, and weDesiign does not guarantee specific business results from any Engagement unless expressly agreed in writing.
12. Limitation of Liability
To the fullest extent permitted by law, weDesiign will not be liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with your use of the Site or our Services, including but not limited to loss of profits, revenue, data, or business opportunities.
Where liability cannot be excluded by law, weDesiign’s total liability to a client arising out of or in connection with an Engagement will be limited to the total fees paid by the client to weDesiign for that specific Engagement in the [insert period, e.g. “three months”] preceding the event giving rise to the claim.
13. Indemnity
You agree to indemnify and hold weDesiign harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms, your misuse of the Site, or your violation of any law or the rights of a third party.
14. Termination
We may suspend or terminate your access to the Site at our discretion, without notice, if we believe you have violated these Terms. Either party may terminate an Engagement in accordance with the termination terms set out in that specific Engagement’s agreement. Upon termination of an Engagement, the client remains liable for payment of all fees due for work completed up to the date of termination.
15. Governing Law & Disputes
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms or an Engagement will first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached, the dispute will be subject to the jurisdiction of the South African courts.
16. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, services, or applicable law. The updated version will be posted on this page with a revised “Last updated” date. Continued use of the Site or our Services after changes are posted constitutes acceptance of the updated Terms.
17. Contact Us
If you have any questions about these Terms, please contact us:
- Business name: weDesiign
- Website: www.wedesiign.co.za
- Email: elandre@wedesiign.co.za
