Legal
TERMSTerms of
Service
Please read these Terms of Service carefully before using our website or engaging our services. These Terms govern the relationship between PivotDigital and our clients.
Last Updated: 23 June 2025
01
Acceptance of Terms
Agreement to Terms
By accessing or using the PivotDigital website at pivotdigital.co.za (the "Site") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
These Terms constitute a legally binding agreement between you ("Client" or "you") and PivotDigital, a digital agency operating in South Africa ("PivotDigital", "we", "us", or "our").
02
Our Services
Services offered
PivotDigital provides the following digital services:
• Website Design & Development
• Branding & Logo Design
• Search Engine Optimisation (SEO)
• Website Maintenance & Support
• Content Creation & Digital Marketing
• Other digital solutions as agreed upon in writing
Service agreements
The specific scope, deliverables, timelines, and pricing for each project are agreed upon in a separate project proposal or service agreement. These Terms apply in addition to any such specific agreements.
03
Payments & Pricing
Payment terms
• A deposit (typically 50%) is required before project commencement, unless otherwise agreed in writing.
• The remaining balance is due upon project completion or as specified in the project agreement.
• All prices are quoted in South African Rand (ZAR) and exclude VAT where applicable.
• Invoices are due within 7 days of issue unless otherwise agreed.
Payment processing via PayFast
Online payments are processed securely through PayFast, a registered South African payment service provider. By making a payment through our site, you also agree to PayFast's terms and conditions available at payfast.io.
PivotDigital does not store your payment card details. All card transactions are handled directly by PayFast using industry-standard encryption.
Late payments
Late or outstanding payments may result in suspension of services or withholding of project deliverables. PivotDigital reserves the right to charge interest on overdue amounts at a rate of 2% per month, or as permitted by South African law.
04
Intellectual Property
Ownership of deliverables
Upon full payment, the Client receives ownership of the final agreed deliverables (e.g., website design, logo files). Until full payment is received, all work remains the intellectual property of PivotDigital.
PivotDigital tools and frameworks
PivotDigital retains ownership of all proprietary tools, templates, code frameworks, and methodologies developed independently of the project. The Client receives a licence to use the delivered work, not the underlying tools.
Portfolio rights
PivotDigital reserves the right to display completed work in our portfolio, on social media, and in marketing materials, unless the Client explicitly requests confidentiality in writing.
05
Client Responsibilities
Your obligations
To ensure a successful project, the Client agrees to:
• Provide accurate, complete, and timely information required for the project
• Respond to requests for feedback or approvals within agreed timeframes
• Provide all content (text, images, videos) unless content creation is part of the agreed scope
• Ensure all content provided does not infringe on any third-party rights
• Make payments on time as per the agreed schedule
• Not engage in activities that may harm the reputation of PivotDigital
06
Refunds & Cancellations
Cancellation policy
Should the Client wish to cancel a project, the following applies:
• If cancelled before work has commenced: a full refund of the deposit will be issued.
• If cancelled after work has commenced: the Client will be invoiced for all work completed to date. The deposit will be applied against this amount.
• If cancelled after project completion: no refund will be issued.
Refund requests
Refund requests must be submitted in writing to pivotdigital.sa@gmail.com. Approved refunds will be processed within 10–14 business days. Refunds are not provided for completed and approved work.
07
Limitation of Liability
Limitation of our liability
To the maximum extent permitted by South African law, PivotDigital shall not be liable for:
• Any indirect, incidental, or consequential damages arising from the use of our services
• Loss of revenue, profits, or business opportunities
• Errors, interruptions, or downtime caused by third-party service providers (hosting, domain registrars, PayFast, etc.)
• Damages resulting from the Client's failure to meet their responsibilities
Our total liability in any matter arising from the provision of services shall not exceed the total fees paid by the Client for the specific project in question.
08
Confidentiality
Mutual confidentiality
Both parties agree to keep confidential any sensitive business information shared during the course of the project. PivotDigital will not disclose the Client's confidential information to third parties without prior written consent, except where required by law.
09
Use of Our Website
Acceptable use
You agree not to use our website to:
• Engage in any unlawful, harmful, or fraudulent activity
• Distribute malware, spam, or unauthorised advertising
• Attempt to gain unauthorised access to our systems or data
• Reproduce, copy, or redistribute our content without prior written permission
We reserve the right to restrict or terminate access to our website for any user found to be in violation of these Terms.
10
Governing Law
South African law applies
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the South African courts.
11
Changes to These Terms
We may update these Terms
PivotDigital reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Continued use of our services after such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
12
Contact Us
Questions about these Terms?
If you have any questions or concerns about these Terms of Service, please contact us:
📧 pivotdigital.sa@gmail.com
📞 +27 69 613 7261
🌐 pivotdigital.co.za
📍 South Africa
Ready to work together?
By engaging our services, you agree to these Terms. If you have any questions, we're happy to chat.