Terms of Service

These terms govern any website design or development project, Care Partnership plan, or use of this website with BluePeak Digital ("we", "us", "our"), a web design and development agency based in South Africa. By engaging us for a project, subscribing to a Care Partnership, or using this website, you agree to the terms below.

1. Proposals and scope

Every project starts with a discovery call and a written proposal setting out scope, deliverables, timeline, and a fixed price. Work begins only once you've approved the proposal and paid any agreed deposit. Requests outside the agreed scope are treated as additional work and quoted separately before we start on them.

2. Payment terms

One-time development fees are typically split into a deposit due before work begins and a final balance due before launch, unless otherwise agreed in your proposal. Care Partnership fees are billed monthly in advance. We accept payment via Stripe, PayPal, and major credit cards. Overdue balances may pause active work or Care Partnership services until resolved.

3. Revisions and approvals

Each project includes a reasonable number of design and development revision rounds, as set out in your proposal. We ask that feedback be consolidated per round where possible so we can turn changes around efficiently. Significant changes of direction after design sign-off may be quoted as additional work.

4. Ownership and intellectual property

Once your project is paid in full, you own the final design, code, and content we created for you, and are free to use, modify, or move it as you see fit. We retain the right to showcase completed work in our portfolio and marketing materials unless you ask us in writing not to. Any third-party assets used in your project (fonts, stock imagery, licensed plugins) remain subject to their own licence terms.

5. The BluePeak Performance Guarantee

For new custom website builds, if your deployment doesn't score 90+ for mobile performance on Google Lighthouse within 30 days of launch, we will keep optimizing it at no additional cost until it does. This guarantee covers factors within our control — our code, assets, and configuration. It does not cover shortfalls caused by factors outside our control, including but not limited to third-party scripts or embeds you've asked us to add, client-supplied media that hasn't been optimized, hosting environments we don't manage, or changes made to the site after launch by you or a third party.

6. Care Partnership plans

Care Partnership plans provide hosting, security monitoring, backups, and a monthly allowance of update hours as described on our pricing page. Plans are billed month-to-month with no lock-in contract, and you may cancel at any time by notifying us — cancellation takes effect at the end of the current billing period. Unused update hours don't roll over to the next month.

7. Limitation of liability

We take reasonable care in everything we build, but we can't guarantee a website will be completely free of defects, or guarantee specific business outcomes like traffic, rankings, or sales, except where explicitly stated in a written guarantee such as Section 5. To the extent permitted by law, our total liability for any claim relating to a project is limited to the fees you've paid us for that project in the 12 months before the claim arose. We are not liable for indirect or consequential losses, including lost profits or lost data.

8. Termination

Either party may terminate a project agreement in writing if the other party materially breaches these terms and fails to fix it within a reasonable period after notice. If you terminate a project partway through, you remain responsible for paying for work completed up to that point.

9. Governing law

These terms are governed by the laws of South Africa. If you're engaging us from outside South Africa, we're happy to discuss reasonable accommodations for local requirements, but South African law governs the agreement itself unless we've agreed otherwise in writing.

10. Changes to these terms

We may update these terms from time to time as our services or practices change. The "last updated" date at the top of this page always reflects the most recent revision. For active projects, we'll flag any material change directly rather than relying on this page alone.

11. Contact us

Questions about these terms? Email bluepeakdigitalweb@gmail.com or WhatsApp us.