Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the SMARKIT website at smarkit.co.za (the "Site") and any engagement of IT support, web design, digital marketing, POS systems, custom software development, or graphic design services (the "Services") provided by SMARKIT ("SMARKIT", "we", "us", or "our"). By using the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.

2. Our Services

SMARKIT is an all-in-one technology partner for South African small businesses. The specific scope, deliverables, timeline, and cost of any Service engagement will be set out in a separate written proposal or quote agreed between SMARKIT and the client. These Terms apply in addition to, and alongside, any such proposal. Where a signed proposal conflicts with these Terms, the signed proposal takes precedence for that engagement.

3. Acceptable Use of This Site

When using this Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law;
• Attempt to gain unauthorised access to any part of the Site, our systems, or related networks;
• Submit false, misleading, or fraudulent information through our forms;
• Introduce viruses, malware, or other harmful code; or
• Scrape, copy, or reproduce Site content for commercial purposes without our written permission.

4. Quotes, Proposals & Payment

• Quotes and proposals are valid for the period stated in the document, or 30 days if unspecified.
• Unless otherwise agreed in writing, projects require a deposit before work begins, with the balance due on agreed milestones or completion.
• Late payments may result in suspension of services or delayed delivery until the account is settled.
• All prices are quoted in South African Rand (ZAR) and, where applicable, exclude VAT unless stated otherwise.
• Ongoing services (e.g. IT support retainers, hosting, or maintenance) are billed on a recurring basis as set out in the relevant proposal, and may be cancelled by either party with the notice period specified in that proposal.

5. Client Responsibilities

To help us deliver your project on time, you agree to:

• Provide accurate information, content, and access credentials needed to complete the work;
• Respond to review requests and approvals within a reasonable timeframe;
• Ensure you have the necessary rights to any content, logos, or materials you supply to us; and
• Keep any accounts, systems, or devices we configure for you reasonably secure and up to date once handed over.

6. Intellectual Property

Unless otherwise agreed in writing, ownership of final deliverables (such as a completed website, logo, or custom software) transfers to the client upon full payment. SMARKIT retains ownership of any pre-existing tools, frameworks, code libraries, or templates used to build the deliverable, and grants the client a licence to use them as part of the delivered work. All content on this Site, including text, graphics, logos, and design, remains the property of SMARKIT unless otherwise credited, and may not be reproduced without permission.

7. Third-Party Links

Our Site and services may link to, or integrate with, third-party websites, platforms, or tools (e.g. Google Ads, hosting providers, payment gateways). We are not responsible for the content, policies, or practices of any third-party site, and your use of such sites is at your own risk.

8. Warranties & Disclaimers

We strive to deliver high-quality work and reliable service, but the Site and general information on it are provided "as is" without warranties of any kind, express or implied. We do not guarantee that the Site will be uninterrupted, error-free, or free of viruses. Specific service guarantees (e.g. response times, uptime) apply only where explicitly stated in a signed proposal or service agreement.

9. Limitation of Liability

To the fullest extent permitted by South African law, SMARKIT will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or our Services, including loss of profits, data, or business opportunity. Our total liability for any claim arising from a Service engagement is limited to the amount paid by you for that specific engagement in the preceding 12 months. Nothing in these Terms limits liability that cannot be excluded under South African law.

10. Termination

Either party may terminate an ongoing service agreement in accordance with the notice period set out in the relevant proposal. We reserve the right to suspend or terminate access to the Site or a Service for any user who breaches these Terms. Fees for work already completed, or committed third-party costs incurred on your behalf, remain payable on termination.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or our Services will be subject to the exclusive jurisdiction of the South African courts.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

13. Contact Us

Questions about these Terms can be directed to:

• Email: [email protected]
• Phone: 063 906 0541
• Address: Albatross Street, Lenasia, Gauteng, 1821, South Africa