Terms & Conditions

MASHAL ADS ("we", "us", "our") provides digital services including website design and development, booking and management systems, eCommerce solutions, Google Ads management and related consulting. These Terms & Conditions ("Terms") apply to all clients, partners, investors and any other party who engages our services or accesses our platform.

By requesting a quote, signing a service agreement, making a payment or using any deliverable we provide, you acknowledge that you have read, understood and agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

We may update these Terms from time to time. Material changes will be communicated via email or a notice on our website. Continued use of our services after changes constitutes acceptance of the revised Terms.

We agree to perform the services described in your signed proposal, statement of work or order confirmation (collectively, the "Agreement"). Scope includes but is not limited to:

• Standard and custom website design and development
• Booking, appointment and business management systems
• eCommerce store setup, product configuration and payment integration
• Google Ads campaign setup, management and optimisation
• Hosting, maintenance and ongoing technical support (where purchased)
• Training and documentation handover

Any work outside the agreed scope may be treated as a change request and billed separately. We will obtain your written approval before commencing out-of-scope work. Timelines are estimates and depend on timely feedback, content and asset delivery from you.

Fees. All fees are quoted in South African Rand (ZAR) unless otherwise stated. Quotes are valid for 30 days. Final invoices may include third-party costs (domain registration, hosting, paid plugins, ad spend) passed through at cost plus a small handling fee where applicable.

Payment terms. Projects generally require a 50% deposit before work begins, with the balance due on completion or according to the milestone schedule in your Agreement. Subscription and retainer services are billed monthly in advance. Overdue amounts may incur interest at 2% per month and suspension of active services.

Refunds. Deposits are non-refundable once work has commenced, as they cover initial design, planning and resource allocation. If we are unable to deliver through no fault of the client, we will refund fees paid for undelivered milestones on a pro-rata basis. Subscription services may be cancelled with 30 days' notice; no refunds for partial months.

Your content. You retain all rights to text, images, logos, trademarks and other materials you provide. You warrant that you have the right to use them and that they do not infringe any third-party rights.

Our deliverables. Upon full and final payment, we assign to you the ownership of custom code, designs and assets created specifically for your project, excluding:

• Third-party libraries, frameworks, plugins and stock assets licensed to us or you
• Our pre-existing templates, tools, utilities and proprietary methodology
• Open-source components governed by their respective licenses

We retain the right to showcase completed work in our portfolio and marketing unless you request a mutual non-disclosure arrangement in writing before project commencement.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. We handle personal data in accordance with the Protection of Personal Information Act (POPIA) and applicable international standards.

Client data stored on our servers or third-party platforms (e.g., Supabase, cloud hosting) is encrypted in transit and at rest where technically supported. We do not sell client data. You are responsible for maintaining the confidentiality of your own account credentials.

For full details on cookies and tracking technologies, please review our Cookie Policy.

To the maximum extent permitted by law, our total liability arising out of or in connection with any engagement is limited to the total amount paid by you to us in the 12 months preceding the claim. We are not liable for indirect, consequential, special or punitive damages, including lost profits, lost data or business interruption.

You agree to indemnify and hold us harmless from any claims, damages or expenses arising from your content, your misuse of deliverables, or your breach of these Terms.

We make no guarantee that Google Ads campaigns, SEO efforts or website performance will achieve specific revenue, ranking or traffic targets, as results depend on market conditions, competition and factors outside our control.

Either party may terminate the Agreement with 30 days' written notice. We may terminate immediately if you breach these Terms, fail to pay amounts due, or engage in unlawful activity using our services.

Upon termination, all outstanding fees become immediately due. We will deliver any completed work paid for up to the termination date. Access to hosted systems and ongoing support will cease unless a separate hosting agreement remains in force.

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or our services will first be addressed through good-faith negotiation. If unresolved within 30 days, either party may escalate to mediation or arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA).

The parties consent to the non-exclusive jurisdiction of the South African courts for any proceedings not subject to arbitration.