Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Flowgrid (“Company”, “we”, “us”, or “our”) governing your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, you must not access or use our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

2. Services Provided

Flowgrid provides the following digital services:

• Website design and development
• Web application development
• Website hosting and maintenance
• Process automation and business optimization
• Digital strategy consulting
• AI-powered data solutions
• Branding and business identity services

All services are provided subject to the terms of individual service agreements and these general Terms of Service.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under South African law to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

4.1 Account Creation

Some of our services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason we deem appropriate. You may also terminate your account by contacting us at info@flowgrid.co.za.

5. Project Agreements and Scope of Work

5.1 Project Proposals

Before commencing work on a project, we will provide a detailed proposal outlining:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment terms
• Responsibilities of both parties
• Intellectual property rights

5.2 Client Responsibilities

Clients are responsible for:

• Providing timely feedback and approvals
• Supplying necessary content, materials, and access
• Ensuring all provided content complies with applicable laws
• Making timely payments as per agreed terms
• Responding to communications within reasonable timeframes

5.3 Changes to Scope

Any changes to the agreed scope of work must be documented in writing and may result in adjustments to timeline and pricing. We reserve the right to decline scope changes that significantly alter the original agreement.

6. Payment Terms

6.1 Pricing and Invoicing

All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. Invoices will be issued according to the payment schedule agreed upon in the project proposal.

6.2 Payment Methods

We accept payment via:

• Electronic Funds Transfer (EFT)
• Credit/Debit cards through secure payment processors
• Other methods as agreed upon in writing

6.3 Late Payments

Payments are due within the timeframe specified on the invoice, typically 7-30 days from the invoice date. Late payments may incur:

• Interest charges at the prevailing South African prime rate plus 2%
• Suspension of work on ongoing projects
• Suspension of hosting or maintenance services
• Legal action to recover outstanding amounts

6.4 Refund Policy

Refunds are evaluated on a case-by-case basis. Work already completed is generally non-refundable. For recurring services (hosting, maintenance), refunds may be pro-rated based on unused time.

7. Intellectual Property Rights

7.1 Ownership of Deliverables

Upon full payment for services, you will own the final deliverables created specifically for your project, including:

• Custom website design and layouts
• Written content created specifically for your project
• Custom graphics and images created for your project

7.2 License for Third-Party Components

You receive a license to use, but do not own:

• Third-party software, plugins, and frameworks
• Stock images, fonts, and other licensed materials
• Pre-existing code, templates, and frameworks

7.3 Flowgrid's Retained Rights

Flowgrid retains the right to:

• Display completed work in our portfolio and marketing materials
• Reuse general techniques, methodologies, and approaches
• Use non-proprietary code and components in future projects

7.4 Client-Provided Materials

You represent and warrant that all materials provided to us (logos, content, images) are owned by you or you have permission to use them. You grant us a license to use these materials for the purposes of completing your project.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Work will substantially conform to approved specifications
• We will use commercially reasonable efforts to meet agreed timelines
• We will comply with applicable South African laws

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Our services will be uninterrupted or error-free
• Defects will be corrected immediately
• The website will achieve specific traffic or conversion goals
• Third-party services will remain available or compatible

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, FLOWGRID SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from third-party services or software
• Damages exceeding the total amount paid by you for the services in the 12 months preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and whether or not we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flowgrid, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Content or materials you provide
• Your violation of any third-party rights
• Your violation of applicable laws

11. Website Hosting & Maintenance

11.1 Hosting Services

If we provide hosting services, we will make commercially reasonable efforts to ensure uptime and availability. However, we do not guarantee 100% uptime and are not liable for downtime caused by factors outside our control.

11.2 Maintenance and Support

Maintenance services are provided according to the agreed maintenance plan. Regular maintenance typically includes:

• Software and security updates
• Backup management
• Performance monitoring
• Bug fixes for issues arising from our work

11.3 Service Interruptions

We reserve the right to suspend services temporarily for maintenance, security updates, or emergency repairs. We will provide advance notice when possible.

12. Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the course of our business relationship. This obligation continues for 2 years after the termination of services.

Confidential information does not include information that:

• Is publicly available
• Was already known to the receiving party
• Is independently developed
• Is required to be disclosed by law

13. Termination

13.1 Termination by Either Party

Either party may terminate a project agreement by providing 14 days written notice. Termination does not relieve either party of obligations incurred prior to termination.

13.2 Termination for Cause

We may terminate services immediately if you:

• Fail to make payment when due
• Violate these Terms materially
• Engage in fraudulent or illegal activities
• Use our services in a manner that causes harm or risk

13.3 Effect of Termination

Upon termination:

• You must pay for all work completed up to the termination date
• We will deliver work completed to date upon payment
• Access to hosted services may be suspended
• Confidentiality obligations remain in effect

14. Acceptable Use Policy

You agree not to use our services to:

• Violate any South African or international laws
• Infringe upon intellectual property rights
• Distribute malware, viruses, or harmful code
• Send spam or unsolicited communications
• Engage in fraudulent activities
• Harass, abuse, or harm others
• Collect personal information without consent
• Host illegal, offensive, or harmful content

15. Third-Party Services

Our services may integrate with third-party services (payment processors, analytics, hosting providers, etc.). We are not responsible for the availability, performance, or terms of service of these third parties. Your use of third-party services is subject to their respective terms and privacy policies.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

16.2 Informal Resolution

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiations. Contact us at info@flowgrid.co.za to initiate dispute resolution.

16.3 Mediation and Arbitration

If informal negotiations fail, parties agree to attempt mediation before pursuing litigation. Mediation shall be conducted under the rules of the Arbitration Foundation of Southern Africa (AFSA).

17. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or labor disputes.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under South African law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Flowgrid regarding the use of our services. They supersede all prior agreements and understandings, whether written or oral.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email (if we have your contact information) or by posting a notice on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

21. Contact Information

If you have questions about these Terms, please contact us: