1Introduction and Acceptance
These Terms of Service ("Terms") govern your use of the services provided by Valvanta Digital Agency ("Valvanta Digital", "we", "us", or "our"), a digital marketing agency based in Cape Town, South Africa. By engaging our services, signing a proposal, making a payment, or using our website at https://valvantadigital.co.za, you ("Client", "you", or "your") agree to be bound by these Terms.
If you do not agree to these Terms, please do not engage with our services.
2Services Provided
Valvanta Digital offers the following digital marketing and web services:
- Custom Website Design and Development
- eCommerce Website Development
- Search Engine Optimisation (SEO)
- Social Media Management
- Social Media Advertising (Meta, Instagram, TikTok)
- Google Advertising (Google Ads, Display, Search)
- Brand Audits and Digital Strategy Consulting
The specific scope of services, deliverables, timelines, and pricing for each engagement will be set out in a written proposal or service agreement provided to you before commencement.
3Proposals and Agreements
All projects begin with a written proposal or scope of work document. By paying a deposit or signing the proposal, you confirm your acceptance of the project scope, timeline, and fees outlined therein.
Any changes to the agreed scope of work must be requested in writing and may result in additional charges and revised timelines. Verbal agreements are not binding unless confirmed in writing.
4Payment Terms
The following payment terms apply to all engagements:
- A deposit of 50% is required before work commences on any project.
- The remaining balance is due upon project completion and before the final deliverable is handed over or launched.
- Monthly retainer services are billed in advance at the beginning of each billing cycle.
- Invoices are payable within 7 business days of the invoice date, unless otherwise agreed in writing.
- Late payments may incur a penalty of 2% per month on the outstanding balance, and may result in suspension of services.
5Client Responsibilities
To ensure the successful delivery of services, you agree to:
- Provide all necessary materials, content, assets, login credentials, and information required to complete the work in a timely manner.
- Respond to requests for feedback, approvals, or information within 5 business days.
- Ensure that any materials, images, logos, or content provided to us do not infringe the intellectual property rights of any third party.
- Obtain any necessary permissions, licences, or approvals for content or branding you supply to us.
Delays caused by the client's failure to provide required materials or approvals may result in revised timelines and, where applicable, additional charges.
6Intellectual Property
6.1 Our Intellectual Property
All intellectual property created by Valvanta Digital during the course of an engagement, including but not limited to designs, code, strategies, templates, and processes, remains the property of Valvanta Digital until full payment has been received.
6.2 Transfer of Ownership
Upon receipt of full and final payment, ownership of the project deliverables (such as the website design and code) transfers to you. Valvanta Digital retains the right to display the work in its portfolio and marketing materials unless you request otherwise in writing.
6.3 Third-Party Assets
Certain deliverables may include licensed third-party assets such as stock photography, fonts, or plugins. These assets remain subject to their respective licence agreements and do not transfer to you as unlimited assets. We will advise you of any such assets used in your project.
7Confidentiality
Both parties agree to keep all confidential information shared during the engagement strictly private and not to disclose it to any third party without prior written consent. This obligation survives the termination of the engagement.
Confidential information includes, but is not limited to, business strategies, financial information, client data, and proprietary processes.
8No Guarantee of Results
Digital marketing services, including SEO, advertising, and social media management, involve external platforms and market conditions beyond our control. Valvanta Digital does not guarantee specific outcomes, rankings, leads, revenue, or return on investment.
We commit to applying our best professional judgment, industry knowledge, and effort in the delivery of all services. We will provide regular reporting and maintain open communication throughout the engagement.
9Limitation of Liability
To the maximum extent permitted by South African law, Valvanta Digital shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services, including loss of revenue, loss of data, or loss of business opportunities.
Our total liability to you in connection with any engagement shall not exceed the total fees paid by you for the specific service giving rise to the claim.
10Termination
Either party may terminate an engagement by providing 30 days written notice to the other party. Termination does not relieve you of the obligation to pay for work completed up to the date of termination.
Valvanta Digital reserves the right to immediately terminate services if you fail to make payment, act in a manner that is abusive or unlawful, or breach any material term of these Terms or the agreed scope of work.
11Use of Our Website
When accessing our website, you agree not to:
- Use the website for any unlawful purpose.
- Attempt to gain unauthorised access to any part of the website or its infrastructure.
- Upload or transmit any malicious code or harmful content.
- Reproduce, copy, or distribute any content from the website without our written permission.
12Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or your engagement with Valvanta Digital shall be subject to the jurisdiction of the courts of South Africa.
13Changes to These Terms
Valvanta Digital may update these Terms from time to time. Updates will be posted on our website. Continued use of our services after changes are published constitutes your acceptance of the revised Terms.
14Contact Us
If you have any questions about these Terms, please contact us:
- Email: support@valvantadigital.co.za
- Phone: +27 61 810 4679
- Website: https://valvantadigital.co.za/contact
