Terms of Service

These Terms of Service ("Terms") govern your use of the website at ultimatemarketingsmash.com and any services provided by Ultimate Marketing Smash (Pty) Ltd ("UMS", "we", "us", or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. About Us

Ultimate Marketing Smash (Pty) Ltd is a South African digital studio providing web and app development, digital marketing, social media management, paid advertising, and related services. We are incorporated in South Africa and operate primarily from Pongola, KwaZulu-Natal.

2. Services

UMS offers the following categories of services (collectively, the "Services"):

• Web & App Development — design, development, and deployment of websites, web applications, e-commerce platforms, job portals, HR tools, and internal dashboards.
• Digital Marketing — social media strategy, content creation, community management, and social media scheduling across platforms including Facebook and Instagram.
• Paid Advertising — campaign creation, management, and optimisation on Meta (Facebook & Instagram Ads), Google (Search, Display, YouTube), and other platforms.
• Analytics & Reporting — performance tracking, GA4 setup, and monthly reporting.
• Hosting & Maintenance — website hosting, uptime monitoring, content updates, and ongoing technical support.

The specific scope, deliverables, timelines, and fees for each engagement are agreed upon in a written proposal or service agreement ("Agreement") signed by both parties. These Terms apply in addition to, and where not inconsistent with, the Agreement.

3. Use of Our Website

By accessing our website, you agree that you will not:

• Use the website in any way that is unlawful, fraudulent, or harmful.
• Attempt to gain unauthorised access to any part of the website, its servers, or any connected systems.
• Transmit any unsolicited or unauthorised advertising or promotional material (spam).
• Use automated tools (bots, scrapers, crawlers) to extract content from the website without our prior written consent.
• Reproduce, duplicate, copy, sell, or exploit any portion of the website or its content for commercial purposes without our express written permission.

4. Client Responsibilities

Where you engage us for Services, you agree to:

• Provide accurate, complete, and timely information and materials necessary for us to perform the Services (including brand assets, logins, copy, and approvals).
• Ensure that any content, materials, or assets you provide to us do not infringe the intellectual property rights of any third party and comply with applicable laws.
• Designate a primary point of contact who has authority to approve deliverables and make decisions on your behalf.
• Respond to requests for feedback, approval, or information within the timeframes specified in the Agreement (or, where not specified, within 5 business days).

Delays caused by failure to provide required materials or approvals may affect delivery timelines. UMS shall not be held liable for delays resulting from client inaction.

5. Fees and Payment

Fees for Services are set out in the applicable Agreement or invoice. Unless otherwise agreed in writing:

• Invoices are due and payable within 7 days of the invoice date, unless an alternative payment term is specified in the Agreement.
• Retainer and recurring fees are due on the first business day of each month (or as otherwise agreed).
• Late payment may result in the suspension of Services until outstanding amounts are settled.
• We reserve the right to charge interest on overdue amounts at the rate permissible under the National Credit Act or as agreed in the relevant Agreement.
• All fees are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated.

6. Intellectual Property

6.1 Our intellectual property

All content on this website — including text, graphics, logos, images, and software — is owned by or licensed to UMS and is protected by South African and international copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without our prior written consent.

6.2 Work product and deliverables

Unless otherwise agreed in writing in the relevant Agreement, upon receipt of full and final payment for Services:

• Custom-designed and custom-developed deliverables (e.g., website designs, custom code written exclusively for your project) are transferred to you upon full payment.
• Third-party components — including open-source libraries, licensed fonts, stock imagery, plugins, and platform tools used in delivering the Services — remain subject to their respective third-party licences and are not transferred to you as UMS's intellectual property.
• Marketing creative assets (social media graphics, ad creatives, copy) produced for your brand are transferred to you upon full payment.
• UMS retains the right to display the work in its portfolio and case studies unless you request otherwise in writing.

6.3 Your intellectual property

You retain all intellectual property rights in materials, brand assets, and content you provide to us. You grant UMS a limited, non-exclusive licence to use those materials solely for the purpose of performing the Services.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed in the course of the engagement that is reasonably understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Warranties and Disclaimers

UMS warrants that it will perform the Services with reasonable care and skill in accordance with industry standards. We do not guarantee specific business outcomes, including (but not limited to) particular search engine rankings, advertising return on investment, follower growth, or sales results, as these are influenced by many factors beyond our control.

Our website is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy, completeness, or suitability of the content on our website.

9. Limitation of Liability

To the maximum extent permitted by South African law, UMS shall not be liable for any indirect, incidental, special, or consequential damages — including loss of revenue, loss of profits, loss of business, or loss of data — arising from your use of our website or our Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you in connection with any Services shall not exceed the total fees paid by you to UMS in the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, gross negligence, or wilful misconduct, or for any liability that cannot be excluded under applicable South African law.

10. Termination

Either party may terminate an engagement by providing written notice as specified in the applicable Agreement. Where no notice period is specified, 30 days' written notice is required.

Upon termination:

• All fees for work completed up to the termination date, including any applicable notice period, become immediately due and payable.
• Each party shall return or destroy confidential information of the other party upon request.
• Ownership of deliverables for which full payment has been received transfers to you in accordance with Section 6.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising from them shall be governed by the laws of the Republic of South Africa. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If unresolved within 30 days, either party may refer the dispute to mediation or the courts of South Africa with jurisdiction over the matter.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when the Terms were last revised. Your continued use of our website or Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

13. Contact Us

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

Ultimate Marketing Smash (Pty) Ltd
Pongola, KwaZulu-Natal, South Africa
Manager@ultimatemarketingsmash.com
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