1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern the relationship between Online Digital (Pty) Ltd, trading as Online By Digital and Creative Digital Agency (Registration No. 2022/505183/07, Gauteng, South Africa) ("we", "us", "our") and any individual or entity ("Client", "you") that engages our services or uses our website at onlinebydigital.com.

By commissioning our services, signing a proposal or quotation, making a deposit payment, or using our website, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, please do not engage our services.

2. Services

Online By Digital provides the following services, among others:

  • Website Design & Development
  • Search Engine Optimisation (SEO)
  • Social Media Marketing & Management
  • Branding, Logo Design & Graphic Design
  • Email Marketing
  • Website Hosting & Maintenance

The specific scope, deliverables, timeline and pricing for each project will be confirmed in a written proposal or quotation. Verbal agreements are not binding.

3. Quotations & Proposals

All quotations and proposals are valid for 14 days from the date of issue unless otherwise stated. Prices quoted are exclusive of VAT unless explicitly stated otherwise. Acceptance of a quotation constitutes agreement to these Terms.

Any changes to the project scope after acceptance of a quotation may result in additional charges and revised timelines, which will be communicated and agreed upon in writing before work proceeds.

4. Payment Terms

  • A 50% deposit is required before any work commences on a new project.
  • The remaining 50% balance is due upon project completion and prior to the website going live or final files being delivered.
  • Monthly retainer services (SEO, social media management) are invoiced monthly in advance and are due within 7 days of the invoice date.
  • Invoices not paid within the agreed terms may attract interest at the rate of 2% per month on the outstanding balance.
  • Work may be suspended on accounts that remain unpaid beyond 14 days of the due date.
  • Hosting and domain renewal fees are invoiced annually and are due within 7 days. Non-payment may result in service suspension.

5. Client Responsibilities

To enable us to deliver your project on time and to the agreed standard, you agree to:

  • Provide all required content (text, images, logos, branding guidelines) within the timeframes agreed in the project schedule.
  • Provide timely feedback and approvals — typically within 5 business days of receiving work for review.
  • Ensure that all content and materials you provide are either owned by you or that you have the legal right to use them, and that they do not infringe any third-party intellectual property rights.
  • Designate a single point of contact for the project to avoid conflicting instructions.

Project delays caused by the client's failure to provide content, feedback or approvals on time may result in revised delivery dates and may attract additional fees.

6. Intellectual Property

Client-owned content: Any content (text, images, logos) provided by the Client remains the property of the Client.

Completed deliverables: Upon receipt of full and final payment, ownership of the completed website design, graphic design work and written content created specifically for the Client transfers to the Client. This includes source files unless otherwise agreed.

Our proprietary materials: Code frameworks, templates, plugins, libraries and tools developed or licensed by Online By Digital that are incorporated into the project remain our intellectual property. The Client receives a non-exclusive licence to use them as part of the delivered project.

Portfolio rights: We reserve the right to display completed work in our portfolio, on our website and in marketing materials unless the Client requests confidentiality in writing prior to project commencement.

Content theft: Copying, reproducing or republishing our website content, design or code without permission constitutes intellectual property infringement and will be pursued through appropriate legal channels.

7. Revisions & Change Requests

Each project proposal includes a specified number of revision rounds. Revisions within scope are those that refine or adjust the agreed design concept; they do not include changes to the fundamental design direction, additional pages or features not in the original scope.

Revisions beyond the included rounds will be charged at our standard hourly rate of R650 per hour or as agreed in writing.

8. Timelines & Delivery

Project timelines are provided as estimates and commence from the date the deposit is received and all required content has been provided by the Client. We will make every reasonable effort to meet agreed deadlines; however, timelines may be affected by:

  • Delays in receiving content or approvals from the Client.
  • Scope changes requested by the Client.
  • Third-party dependencies (domain registrars, hosting providers, third-party integrations).

Online By Digital shall not be liable for delays caused by circumstances beyond our reasonable control.

9. Hosting & Domain Services

Where Online By Digital provides hosting or domain registration on behalf of the Client:

  • The Client acknowledges that domain names are registered subject to the terms of the relevant registrar.
  • Hosting services are provided on a best-efforts basis. We do not guarantee 100% uptime.
  • The Client is responsible for maintaining regular backups of their website content unless a managed backup service has been specifically contracted.
  • Hosting fees are due annually. Non-payment may result in suspension or termination of services with 14 days' notice.

10. Cancellation & Refunds

If the Client cancels a project after work has commenced:

  • The deposit paid is non-refundable.
  • If work completed exceeds the value of the deposit, the Client will be invoiced for the additional work completed to date, calculated at our standard rates.
  • All work completed up to the point of cancellation remains the property of Online By Digital until all outstanding amounts have been paid in full.

Monthly retainer services may be cancelled with 30 days' written notice. Fees for the notice period are not refundable.

11. Limitation of Liability

Online By Digital's total liability to the Client for any claim arising out of or in connection with the services shall not exceed the total fees paid by the Client for the specific project or service giving rise to the claim.

We shall not be liable for any indirect, consequential, special or punitive damages, including loss of profits, loss of business, loss of data or loss of goodwill, arising from or in connection with the services, even if we have been advised of the possibility of such damages.

We do not guarantee specific results from SEO or social media services. Search engine rankings and social media performance depend on numerous factors outside our control.

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement and not to disclose such information to third parties without the prior written consent of the disclosing party, except as required by law.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or the services provided shall be subject to the jurisdiction of the South African courts, with the parties agreeing to attempt to resolve disputes amicably before resorting to litigation.

14. Privacy & Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms and Conditions. By engaging our services, you consent to the processing of your personal information as described therein.

15. Amendments

Online By Digital reserves the right to amend these Terms at any time. The current version of these Terms will always be published on this page with the updated date. Continued engagement of our services after any amendments constitutes acceptance of the revised Terms.

16. Contact

For any questions regarding these Terms and Conditions, please contact us:

  • Company: Online Digital (Pty) Ltd t/a Online By Digital
  • Registration No.: 2022/505183/07
  • Email: [email protected]
  • Phone: 072 217 7047
  • Location: Gauteng, South Africa