Terms and Conditions

Last Updated: 2026/03/20

Welcome to Swart Digital (“we”, “our”, “us”). These Terms and Conditions govern your use of our website:

Home


and any services provided by us.

By accessing or using this website, you agree to be bound by these Terms.

 

1. Use of the Website

You agree to use this website only for lawful purposes.

You must not:

  • Use the site in any way that may damage or impair performance
  • Attempt unauthorized access to systems or data
  • Use the website for fraudulent or harmful activity

 

2. Services

Swart Digital provides services including but not limited to:

  • Website design and development
  • WordPress development and support
  • WooCommerce development
  • SEO and digital marketing services
  • Consulting and integration services

All services are subject to separate proposals, quotations, or agreements.

 

3. Quotes, Pricing & Payments

  • All quotes are valid for a limited time unless stated otherwise
  • Pricing may vary depending on scope, complexity, and requirements
  • A deposit may be required before work begins
  • Final payment terms will be outlined in your project agreement

Failure to make payment may result in:

  • Suspension of services
  • Withholding of deliverables
  • Additional fees for delays or recovery

 

4. Intellectual Property

Unless otherwise agreed in writing:

  • All intellectual property remains the property of Swart Digital until full payment is received
  • Upon full payment, ownership of the final deliverables is transferred to the client
  • We reserve the right to showcase completed work in our portfolio

You may not:

  • Copy, reproduce, or distribute our content without permission

 

5. Client Responsibilities

Clients agree to:

  • Provide accurate information and content required for the project
  • Respond to requests within a reasonable timeframe
  • Review and approve deliverables promptly

Delays in communication may affect timelines and delivery.

 

6. Third-Party Services

We may integrate or recommend third-party tools (e.g., hosting, plugins, payment gateways).

We are not responsible for:

  • Downtime or issues caused by third-party providers
  • Changes in third-party pricing or functionality
  • Security vulnerabilities outside our control

 

7. Website Performance & SEO Disclaimer

While we follow best practices:

  • We do not guarantee specific rankings in search engines
  • Performance improvements depend on multiple factors beyond our control
  • Marketing results may vary based on industry, competition, and strategy

 

8. Maintenance & Support

Ongoing support or maintenance is only provided if:

  • A maintenance plan or support agreement is in place

Without an active agreement:

  • Updates, fixes, or changes may be billed separately

 

9. Limitation of Liability

To the fullest extent permitted by law:

Swart Digital shall not be liable for:

  • Any indirect or consequential damages
  • Loss of data, revenue, or business
  • Website downtime caused by third parties

Our total liability is limited to the amount paid for the specific service.

 

10. Security

We implement best practices for security, but:

  • No website or system can be guaranteed 100% secure
  • Clients are responsible for maintaining login credentials securely
  • We are not liable for breaches caused by weak passwords or third-party vulnerabilities

 

11. Privacy

Your use of this website is also governed by our Privacy Policy.

We comply with applicable data protection laws, including POPIA (South Africa) where applicable.

 

12. Termination

We reserve the right to:

  • Suspend or terminate access to services if terms are violated
  • Cancel projects due to non-payment or breach of agreement

 

13. Changes to Terms

We may update these Terms at any time.

Changes will be posted on this page with an updated date.

 

14. Governing Law

These Terms are governed by the laws of South Africa.

Any disputes will be subject to the jurisdiction of South African courts.

 

15. Contact Information

If you have any questions about these Terms:

Swart Digital
Email: info@swartdigital.com

Website: https://swartdigital.com

 

16. Protection of Personal Information (POPIA)

Swart Digital is committed to protecting your personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA).

By using this website or our services, you consent to the collection, processing, and storage of your personal information as outlined below.

16.1 Collection of Personal Information

We may collect and process personal information including:

  • Name and surname
  • Contact details (email address, phone number)
  • Company information
  • Website usage data (analytics, cookies, IP address)
  • Any information submitted through forms or communication
  • We only collect information that is necessary for:
  • Providing services
  • Communication and support
  • Marketing (where consent is given)
  • Legal and compliance purposes

 

16.2 Purpose of Processing

Your personal information is processed for:

  • Delivering requested services
  • Responding to enquiries
  • Improving website performance and user experience
  • Sending relevant marketing communications (opt-in only)
  • Complying with legal and regulatory obligations
  • We do not sell personal information to third parties.

 

16.3 Consent

By submitting your information via forms, email, or other communication channels, you:

  • Consent to the processing of your personal information
  • Confirm that the information provided is accurate
  • Understand how your data will be used
  • You may withdraw consent at any time.

 

16.4 Data Storage and Security

We implement reasonable technical and organisational measures to protect your data, including:

  • Secure hosting environments
  • Access control and authentication
  • Regular updates and security monitoring
  • However, no system is completely secure, and users share information at their own risk.

 

16.5 Sharing of Information

We may share personal information with:

  • Trusted third-party service providers (hosting, analytics, CRM tools)
  • Payment processors (where applicable)
  • Legal authorities if required by law
  • All third parties are expected to comply with applicable data protection laws.

 

16.6 Data Subject Rights

Under POPIA, you have the right to:

  • Access your personal information
  • Request correction or deletion of your data
  • Object to processing of your personal information
  • Withdraw consent at any time
  • Lodge a complaint with the Information Regulator

To exercise your rights, contact us at: info@swartdigital.com

 

16.7 Data Retention

We retain personal information only for as long as necessary to:

  • Fulfil the purpose for which it was collected
  • Comply with legal, tax, or regulatory requirements

 

16.8 Cookies and Tracking

Our website may use cookies and tracking technologies to:

  • Improve user experience
  • Analyse traffic and performance
  • Support marketing efforts
  • You can control cookie settings through your browser.

 

16.9 Information Officer

In accordance with POPIA, Swart Digital acts as the responsible party for data processing.

For any data protection queries or complaints, contact: info@swartdigital.com

Looking for our Privacy Statement. Click here.