1. DEFINITIONS

For the purposes of these Terms:

• “Agreement” means these Terms together with any quotation, proposal, invoice, scope document, or written communication relating to the services.
• “Services” means any service supplied by Temzify, including but not limited to web design, website development, SEO, branding, digital marketing, social media management, graphic design, consulting, maintenance, or related services.
• “Deliverables” means the final approved work product supplied to the Client.
• “Project” means the specific work agreed between Temzify and the Client.
• “Content” means all text, images, logos, videos, data, product information, and materials supplied by the Client.

2. APPLICATION OF TERMS

2.1 These Terms apply to all Services supplied by Temzify unless expressly varied in writing.

2.2 Any conflicting terms proposed by the Client shall not apply unless expressly accepted by Temzify in writing.

2.3 Temzify reserves the right to amend these Terms at any time. Updated Terms shall apply to all future projects and services from the date of publication.

3. SERVICES

3.1 Temzify shall provide the Services with reasonable care, skill, and professional diligence.

3.2 The precise scope of Services shall be defined in the applicable quotation, proposal, invoice, or written agreement issued by Temzify.

3.3 Any work requested outside the agreed scope shall constitute additional work and may incur additional charges.

3.4 Temzify reserves the right to refuse any project, request, or instruction that is unlawful, unethical, misleading, defamatory, infringing, or otherwise inappropriate.

4. CLIENT OBLIGATIONS

4.1 The Client shall:

• Provide all necessary information, approvals, and Content required for the Project;
• Ensure all supplied Content is accurate, lawful, and owned or licensed by the Client;
• Respond to communications and approval requests within reasonable timeframes;
• Cooperate with Temzify to enable timely completion of the Project.

4.2 The Client acknowledges that delays in supplying Content, approvals, or instructions may result in delays to the Project timeline.

4.3 Temzify shall not be liable for any delays, costs, or losses arising from the Client’s failure to comply with this clause.

5. QUOTATIONS AND ACCEPTANCE

5.1 All quotations issued by Temzify are valid for the period stated in the quotation or, if no period is stated, for fourteen (14) days from the date of issue.

5.2 A Project shall be deemed accepted upon:

• Written approval by the Client;
• Payment of any deposit or invoice; or
• Instruction by the Client for Temzify to commence work.

5.3 Once accepted, the Agreement shall become legally binding.

6. FEES AND PAYMENT

6.1 A minimum non-refundable deposit of fifty percent (50%) of the total project fee shall be payable before work commences unless otherwise agreed in writing.

6.2 Temzify shall not commence any work until cleared funds have been received.

6.3 The remaining balance shall be payable in accordance with the payment schedule stated in the quotation or invoice.

6.4 Temzify reserves the right to suspend Services, withhold Deliverables, suspend website access, or pause the Project in the event of late or non-payment.

6.5 All invoices are payable by the due date stated on the invoice.

6.6 Failure to make payment may result in:

• Suspension of work;
• Removal of website access;
• Delay in delivery;
• Legal recovery proceedings;
• Additional administrative or collection costs.

6.7 The Client shall remain liable for all fees relating to work completed up to the date of suspension or termination.

7. REVISIONS AND CHANGES

7.1 Revision rounds shall be limited to the number specified in the applicable package, quotation, or proposal.

7.2 Revisions are limited to reasonable amendments within the approved project scope and do not include complete redesigns, major structural changes, or new functionality.

7.3 Additional revisions or changes outside the agreed scope shall be charged at Temzify’s prevailing rates.

7.4 Once any design, content, or Deliverable has been approved by the Client, further changes may incur additional fees.

8. PROJECT TIMELINES

8.1 Any estimated delivery date or timeline provided by Temzify is an estimate only and shall not constitute a contractual guarantee.

8.2 Temzify shall not be liable for delays caused by:

• The Client;
• Third-party providers;
• Hosting companies;
• Domain registrars;
• Payment gateways;
• Plugin or software providers;
• Events beyond Temzify’s reasonable control.

8.3 If the Client becomes unresponsive for an extended period, Temzify reserves the right to reschedule the Project or place it on hold.

9. CONTENT AND CLIENT MATERIALS

9.1 The Client warrants that all Content supplied to Temzify:

• Is lawful;
• Does not infringe any intellectual property rights;
• Does not contain defamatory, offensive, fraudulent, or misleading material.

9.2 The Client indemnifies and holds harmless Temzify against any claims, damages, liabilities, costs, or expenses arising from Content supplied by the Client.

9.3 Temzify shall not be responsible for verifying the legality or accuracy of Client-supplied Content.

10. INTELLECTUAL PROPERTY

10.1 All intellectual property rights in preliminary work, concepts, drafts, mockups, source files, and working materials shall remain the property of Temzify unless otherwise agreed in writing.

10.2 Ownership of the final approved Deliverables shall transfer to the Client only after full payment of all outstanding fees.

10.3 Temzify retains the right to display completed work in its portfolio, marketing materials, presentations, social media, and promotional channels unless otherwise agreed in writing.

10.4 Third-party software, plugins, themes, stock assets, fonts, or licensed materials remain subject to their respective licence terms and are not transferred unless expressly permitted.

11. WEBSITE HOSTING, DOMAINS, AND THIRD-PARTY SERVICES

11.1 Temzify may assist with hosting, domains, email services, plugins, integrations, or third-party platforms; however, such services may be provided by independent third parties.

11.2 Temzify shall not be liable for:

• Third-party outages;
• Hosting failures;
• Security breaches;
• Service interruptions;
• Software incompatibility;
• Account suspensions;
• Pricing changes;
• Policy changes by third-party providers.

11.3 The Client acknowledges that third-party services are governed by the terms and policies of the relevant provider.

12. SEO AND DIGITAL MARKETING

12.1 Temzify shall use reasonable skill and care when providing SEO and digital marketing services.

12.2 The Client acknowledges that search rankings, website traffic, engagement, leads, conversions, and business performance are influenced by numerous factors outside Temzify’s control.

12.3 Accordingly, Temzify does not guarantee:

• Specific rankings;
• Increased revenue;
• Lead generation;
• Advertising performance;
• Website traffic;
• Social media growth;
• Business outcomes of any kind.

13. REFUNDS

13.1 All deposits are non-refundable.

13.2 No refunds shall be issued once work has commenced.

13.3 The Client shall not be entitled to a refund based on subjective dissatisfaction where Temzify has materially delivered the agreed Services.

13.4 If the Client cancels a Project after commencement, the Client shall remain liable for payment for all work completed and expenses incurred up to the cancellation date.

14. WARRANTIES AND DISCLAIMERS

14.1 Temzify warrants that Services shall be performed with reasonable care and skill.

14.2 Except as expressly stated in these Terms, all warranties, representations, and guarantees, whether express or implied by law, are excluded to the fullest extent permitted by law.

14.3 Temzify does not warrant that:

• Any website will operate uninterrupted or error-free;
• Any website will be immune from hacking, malware, or cyberattack;
• Any Deliverable will achieve commercial success or specific performance outcomes.

15. LIMITATION OF LIABILITY

15.1 To the fullest extent permitted by law, Temzify shall not be liable for:

• Loss of profits;
• Loss of revenue;
• Loss of business;
• Loss of goodwill;
• Loss of opportunity;
• Loss of data;
• Indirect, consequential, incidental, or special damages.

15.2 Temzify’s total aggregate liability arising under or in connection with the Agreement shall not exceed the total amount paid by the Client for the relevant Services.

15.3 Nothing in these Terms shall exclude liability where such exclusion is prohibited by applicable law.

16. CONFIDENTIALITY

16.1 Each party agrees to keep confidential any proprietary or confidential information disclosed during the Project.

16.2 Confidential information shall not include information which:

• Is publicly available;
• Was already lawfully known;
• Is required to be disclosed by law.

17. TERMINATION

17.1 Either party may terminate the Agreement by written notice.

17.2 Temzify may terminate or suspend Services immediately where:

• The Client breaches these Terms;
• Payment is overdue;
• The Client becomes abusive, threatening, or unreasonable;
• The Client requests unlawful or unethical work.

17.3 Upon termination, all outstanding amounts for completed work shall become immediately due and payable.

18. FORCE MAJEURE

18.1 Temzify shall not be liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including but not limited to:

• Natural disasters;
• Internet outages;
• Power failures;
• Cyberattacks;
• Government restrictions;
• Labour disputes;
• Illness;
• Supplier failures.

19. GOVERNING LAW AND JURISDICTION

19.1 These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

19.2 Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

20. ENTIRE AGREEMENT

20.1 These Terms, together with any quotation, proposal, invoice, or written agreement issued by Temzify, constitute the entire agreement between the parties.

20.2 No verbal statement or representation shall vary these Terms unless confirmed in writing.

21. ACCEPTANCE

By paying any invoice, approving any proposal, or instructing Temzify to commence work, the Client confirms acceptance of these Terms in full.

Temzify
Website: https://temzify.com/