HOWZIT DIGITAL  (PTY) LTD

1. DEFINITIONS

“Charges” means the fees payable by the Client for the Services as specified in a Contract, Quotation or Invoice.
“Client” means the company or other entity entering into a Contract with Howzit Digital.
“Client Materials” means all content, data, files, images, branding, copy, credentials and information supplied by the Client.
“Contract” means any agreement formed between Howzit Digital and the Client.
“Expenses” means third-party costs including hosting, domains, software, advertising spend and tools.
“Services” means all digital marketing, website, hosting, advertising, consulting and related services provided by Howzit Digital.

2. QUOTATIONS AND CONTRACTS

Quotations are valid for five (5) days.
Payment of a deposit or written acceptance forms a binding Contract and acceptance of these Terms.
Only the scope stated in the quotation or invoice is binding. Emails, messages or calls are not valid unless added in writing on the quotation or invoice.

3. SERVICES

Howzit Digital will perform Services using reasonable skill and care.
Completion dates are estimates only. Delays caused by the Client, third-party platforms, missing materials or approvals are not the responsibility of Howzit Digital.
The Client warrants all Client Materials are lawful and indemnifies Howzit Digital from any related claims.
Clients have two (2) working days to request changes after delivery. If no feedback is received the work is deemed accepted and final.
The Client is responsible for providing accurate access, credentials and approvals. Howzit Digital is not liable for failures caused by revoked access, account suspensions, policy changes or third-party system failures.

Scope Control
Only the Services expressly listed in the quotation or invoice are included. Any work requested outside that scope shall be treated as additional billable work and will be charged at Howzit Digital’s standard rates. Howzit Digital is not required to perform any additional work unless agreed in writing.

4. PRICES AND PAYMENT

A 50% non-refundable deposit is required before work begins. Projects under R2000 are payable in full upfront.
Invoices are payable on receipt. Failure by the Client’s customer to pay does not excuse payment to Howzit Digital.
Overdue accounts may have services suspended and may be handed to collections. The Client is responsible for all legal and recovery costs.
Howzit Digital retains full ownership of all work, source files, designs, code, content and intellectual property until all invoices are paid in full, unless otherwise expressly agreed in writing.

No Refunds
All deposits, retainers, management fees and service fees are non-refundable. No refunds will be issued for work performed, time spent, campaign management, or access to systems regardless of results.

Right to Restrict Access for Non Payment
If any invoice is overdue, Howzit Digital may, without liability, suspend or disable access to websites, hosting, email systems, domains, tracking, analytics or any digital assets under its control until payment is received.

5. SUBCONTRACTING AND THIRD PARTIES

Howzit Digital may, at its sole discretion, use subcontractors, freelancers and third-party providers to perform some or all of the Services.
The Client acknowledges that many services rely on external platforms and specialists.
Howzit Digital shall not be liable for any delay, loss, failure, breach, data loss, suspension or performance issue caused by subcontractors, freelancers or third-party providers including hosting companies, advertising platforms, software tools or cloud systems.

6. MARKETING AND ADVERTISING

Return on investment, leads, sales, rankings, ad approvals or traffic are never guaranteed.
The Client is responsible for all advertising spend.
Howzit Digital is not liable for platform bans, disapprovals, algorithm changes or campaign performance.
Thirty (30) days written notice is required to cancel marketing services.

If the Client fails to pay any retainer, advertising management fee or invoice when due, Howzit Digital shall have the sole and absolute right, without liability, to pause, reduce, modify, disable or otherwise restrict any advertising campaigns, tracking systems, pixels, audiences, integrations or related marketing assets under its management until all outstanding amounts are paid in full. This applies even where the advertising accounts are owned by the Client.

Client Content Responsibility
The Client is solely responsible for the legality, accuracy and compliance of all content, products, services and advertising. Howzit Digital accepts no liability for any regulatory, legal or platform action arising from Client Materials or business practices.

7. INTELLECTUAL PROPERTY

All intellectual property remains the property of Howzit Digital until full payment is received.
After payment, the Client receives a license to use the deliverables.
Howzit Digital may display work in its portfolio.

Howzit Digital does not provide long-term data storage. All Client Materials will be retained for a maximum of six (6) months after completion or termination. After this period, Howzit Digital may permanently delete all data without notice.

8. HOSTING AND SECURITY

Hosting is not a maintenance or security service.
Howzit Digital is not responsible for hacking, malware, downtime, software conflicts or data loss unless covered by a paid package.
If any third party has access to the website, Howzit Digital carries no liability.

9. LIMITATION OF LIABILITY

Howzit Digital shall not be liable for indirect, consequential, financial or business losses including loss of profits, revenue, data or reputation.
Total liability is limited to the amount paid by the Client in the previous one (1) month.
Howzit Digital shall not be liable for any loss arising from the acts, omissions or failures of subcontractors, freelancers or third-party providers.

10. CONFIDENTIALITY AND DATA

Both parties will keep confidential information private.
Howzit Digital complies with POPIA.

11. CANCELLATION

Either party may cancel with 30 days written notice.
Hosting contracts run for a minimum of 12 months. Early termination fees apply.
All completed work and incurred costs remain payable.

12. NON-SOLICITATION

The Client may not hire or solicit Howzit Digital staff or contractors for twenty-four (24) months after project completion.

13. FORCE MAJEURE

Howzit Digital is not liable for delays caused by events beyond its control.

14. GOVERNING LAW

This agreement is governed by the laws of South Africa.

15. MODIFICATION

Howzit Digital may modify these terms by publishing updates on its website.