Terms & Conditions

These Terms & Conditions ("Terms") govern the relationship between GOTCHER ("we", "us", "our") and any client ("you", "Client") who engages us for branding, web design and development, digital marketing, advertising, content creation, or any other service we offer (collectively, the "Services").

By submitting a project request, signing a proposal, paying a deposit, or otherwise instructing us to begin work, you confirm that you have read, understood, and agreed to these Terms.

The specific deliverables, timelines, and fees for each engagement will be set out in a separate proposal, quotation, or statement of work ("SOW"). The SOW, together with these Terms, forms the full agreement between us.

Any work that falls outside the agreed scope (commonly known as "scope creep") will be quoted separately and is subject to your written approval before being carried out.

Unless agreed otherwise in writing, a non-refundable deposit of 50% of the project fee is required before work commences. The remaining balance is payable on completion and prior to the release of final files, transfer of accounts, or publication of any live assets.

Retainer and monthly service fees are billed in advance and are due on or before the 1st of each month. Late payments may incur a 5% monthly interest charge and may result in services being suspended until the account is settled.

All prices are quoted in South African Rand (ZAR) and exclude any third-party costs such as ad spend, stock media, hosting, domains, or premium plugins, unless explicitly stated.

To deliver our Services effectively, we rely on you to:

• Provide accurate, complete, and timely information, content, and feedback.
• Grant access to any required accounts, platforms, or assets (e.g. domain registrar, social media, ad accounts).
• Nominate a single point of contact authorised to approve deliverables.
• Ensure that any materials you supply (text, images, video, logos) do not infringe any third-party rights.

Delays caused by late feedback or missing materials may extend agreed timelines and are not the responsibility of GOTCHER.

Each deliverable includes a reasonable number of revision rounds as specified in the SOW (typically two to three). Additional revisions, or changes requested after written approval, will be billed at our standard hourly rate.

Deliverables are considered approved if no written feedback is received within seven (7) calendar days of submission.

Upon receipt of full payment, ownership of the final deliverables (such as final logos, website code, and approved creative assets) transfers to you. Preliminary concepts, working files, and unused designs remain the property of GOTCHER.

GOTCHER retains the right to display completed work in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.

Any third-party assets (stock images, fonts, plugins) are licensed under their respective terms, and the cost of such licenses is your responsibility unless stated.

Where we manage paid advertising (Google, Meta, TikTok, etc.) on your behalf, ad spend is paid directly by you to the respective platform, or pre-funded into a managed account. GOTCHER is not liable for changes to platform policies, account suspensions, algorithm updates, or fluctuations in ad performance.

While we use reasonable skill and care to optimise campaigns, we do not guarantee specific results, rankings, conversions, or return on ad spend.

Unless included in your package, hosting, domain registration, SSL certificates, email services, and ongoing maintenance are separate services billed independently. We are not responsible for downtime, data loss, or issues caused by third-party hosting or platform providers.

Both parties agree to keep confidential any non-public information shared during the engagement. This obligation continues after the project ends. Confidentiality does not apply to information that is publicly available or required to be disclosed by law.

Either party may terminate the agreement with fourteen (14) days' written notice. Retainer agreements require thirty (30) days' written notice.

On termination, you remain liable for all work completed up to the termination date, including any non-cancellable third-party costs. Deposits are non-refundable.

To the maximum extent permitted by law, GOTCHER's total liability under any engagement is limited to the total fees paid by you in the three (3) months preceding the event giving rise to the claim. We are not liable for indirect, consequential, or loss-of-profit damages.

You agree to indemnify and hold GOTCHER harmless from any claim arising out of materials you supply, instructions you give, or your use of the deliverables in breach of any law or third-party right.

Neither party will be liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet outages, load shedding, strikes, or government action.

These Terms are governed by the laws of the Republic of South Africa. Any dispute will first be addressed through good-faith negotiation, and failing that, in the appropriate South African courts.

We may update these Terms from time to time. The latest version will always be available on this page, and the "Last updated" date below will reflect any changes. Continued engagement of our Services constitutes acceptance of the updated Terms.

Questions about these Terms? Email us at gotcherservices@gmail.com.