Terms & Conditions

These terms govern your use of this website and, where we work together, the services we provide. They are governed by South African law, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and, where it applies, the Consumer Protection Act 68 of 2008 (CPA).

By using this website you accept the terms in sections 2 to 6. Sections 7 onwards apply once you engage us for work.

1. Who we are

Section 43(1) of ECTA requires us to publish the following:

• Trading name: Digital Fold
• Legal name: Digital Fold Pty Ltd
• Legal status: A private company registered in South Africa
• Registration number: 2019/552321/07
• Office bearers: Riché Devine, Caitlin Grobler
• Place of registration: South Africa
• Physical address: 84 Bree Street, Cape Town, 8001, South Africa
• Telephone: +27 76 285 5676
• Email: hello@digitalfold.co.za
• Website: https://digitalfold.co.za

We are a design, development and digital marketing studio based in Cape Town. We do not sell goods through this website.

2. Using this website

You may read, share and link to anything published here. You may not use the site to break the law, attempt to gain unauthorised access to it or to any system connected to it, interfere with its operation, or scrape it at a volume that degrades it for others.

3. Our content

Unless stated otherwise, everything on this site — the writing, design, code, photography, illustrations, logo and brand name — belongs to us or is used with permission, and is protected by copyright and trade mark law.

You may quote short extracts of our articles with clear attribution and a link back. You may not republish substantial parts of our content, present our work as your own, or use our name or logo to suggest an endorsement or a relationship that does not exist, without our written permission.

Client work shown in our portfolio remains the property of those clients and is displayed to illustrate our work.

4. Accuracy of what we publish

We take care to keep the site accurate and current, but we publish it "as is". Articles and guides are general information, not advice for your particular situation, and should not be relied on as a substitute for professional advice. We may change or remove anything on the site at any time without notice.

5. Availability

We do not promise the website will always be available or uninterrupted. We may take it offline for maintenance, updates or reasons outside our control.

6. Links to other sites

Where we link to another website, we do so for convenience. We do not control those sites and are not responsible for their content, their accuracy or their privacy practices.

7. Enquiries, quotes and proposals

Nothing on this website is an offer capable of acceptance. Prices are not published here. When you enquire, we discuss the work and issue a written proposal or quotation.

• A quotation is valid for 30 days from its date unless it says otherwise.
• A quotation covers only the scope it describes. Anything outside that scope is new work and is quoted separately.
• Work begins once you accept the proposal in writing and any deposit stated in it has been paid.
• Where the proposal and these terms conflict, the signed proposal takes precedence.

8. Payment

• Fees, the payment schedule and any deposit are set out in your proposal.
• Invoices are payable by the date stated on the invoice.
• Recurring services — hosting, maintenance, retainers and advertising management — are invoiced in advance for each period.
• Third-party costs we incur for you, such as advertising spend, domains, hosting, licensed fonts or stock imagery, are either billed to you or paid directly by you, as agreed.
• We may pause work on an account with an overdue invoice, after telling you first. Interest may be charged on overdue amounts at the rate permitted by law.

9. Your responsibilities

Projects run to time when both sides move. You agree to give us the content, brand assets, access and approvals we need, within the timeframes agreed, and to nominate someone who can make decisions and sign work off.

You confirm that any content you give us — text, images, video, fonts, logos, data — is either yours or properly licensed, and that we may use it to do the work. Delays in supplying content or approvals move the delivery dates and may affect the cost.

10. Ownership of the work

• On full payment, ownership of the final deliverables produced specifically for you passes to you.
• Until then, all rights in the work remain ours.
• We keep ownership of our own underlying tools — our frameworks, code libraries, components and internal methods — and grant you a licence to use them as part of your deliverables.
• Third-party components (open-source libraries, licensed fonts, stock imagery, plugins) stay under their own licences, which you agree to observe.
• Concepts, drafts and routes not selected remain ours.
• Unless you ask us in writing not to, we may show the work in our portfolio and describe our role in it.

11. Revisions and approval

Each proposal states how many rounds of revision are included. Further rounds, or changes that alter the agreed direction after approval, are quoted as additional work. Once you approve a deliverable in writing, it is treated as accepted.

12. Warranties and limits on our liability

We will perform our services with reasonable skill and care, to the standard reasonably expected of a competent studio.

We cannot promise particular business outcomes. Search rankings, advertising performance, traffic and revenue depend on markets, competitors and third-party platforms whose rules change without notice and which are outside our control. Any projections we discuss are estimates, not guarantees.

We are not liable for faults caused by third-party platforms and services, by changes you or another supplier make to work we delivered, by content you supplied, or by your failure to keep software, hosting or backups current where that is your responsibility.

To the fullest extent permitted by law, our total liability arising out of or in connection with the work is limited to the fees you have paid us for the specific work that gave rise to the claim, and we are not liable for indirect or consequential loss, including loss of profit, revenue, data, goodwill or anticipated savings.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded — including liability for fraud, or any right you have under the Consumer Protection Act where it applies to you.

13. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of the work, and protect it with reasonable care. This does not apply to information that is public through no fault of ours, that was already lawfully known, or that we are required by law to disclose.

Personal information is handled as described in our Privacy Policy. Where we process personal information on your behalf, we do so as an operator under POPIA, on your instructions and subject to the security duties in section 21 of that Act.

14. Ending the engagement

• Either of us may end a project by giving 30 days' written notice.
• Either of us may end it immediately if the other commits a material breach and fails to fix it within 14 days of being asked to in writing.
• On termination you pay for all work completed and all commitments we have already made on your behalf. Deposits covering work already performed are not refundable.
• Ownership of deliverables passes only on full payment, as set out in section 10.
• Recurring services may be cancelled with 30 days' written notice before the next billing period.

15. Circumstances beyond our control

Neither of us is liable for failing to perform because of something genuinely outside our reasonable control — including load shedding and prolonged power failure, network or hosting outages, natural disaster, civil unrest, or the failure of a third-party platform we depend on. We will tell you promptly and work to limit the effect.

16. Changes to these terms

We may update these terms and will change the date at the top when we do. The terms in force when you accepted your proposal are the ones that govern that engagement; later changes do not apply retrospectively to signed work.

17. Governing law and disputes

These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction.

If something goes wrong, tell us first — email hello@digitalfold.co.za and we will try to resolve it directly. If we cannot, the dispute may be referred to mediation before either of us goes to court, unless urgent relief is needed. Where the Consumer Protection Act applies to you, nothing here affects your right to approach the National Consumer Commission or an accredited ombud.

18. General

If any part of these terms is found to be unenforceable, the rest continues to apply. A delay in enforcing a term is not a waiver of it. Your signed proposal together with these terms is the whole agreement between us on its subject matter, and replaces earlier discussions. You may not transfer your rights under an engagement to someone else without our written consent.

19. Contact

Digital Fold, 84 Bree Street, Cape Town, 8001, South Africa
hello@digitalfold.co.za · +27 76 285 5676

These terms are written to meet ECTA and to work under South African law. They are not legal advice, and they are not a substitute for having them reviewed by an attorney against your specific circumstances before you rely on them.