TERMS AND CONDITIONS.

Agreement to These Terms

These Terms and Conditions apply to your use of the Namibia Digital & Co. website and to enquiries submitted through the website.

By accessing https://namibiadigital.com/ , you confirm that you have read and accepted these terms.

Where Namibia Digital provides services to you, these terms may apply together with a quotation, proposal, invoice, project brief or separate service agreement.

About Namibia Digital

Namibia Digital & Co. provides digital services to businesses in Namibia. Our services may include:

• Website design and development
• Ecommerce website development
• WordPress and WooCommerce services
• Google Ads management
• Brand identity and logo design
• Graphic design and marketing materials
• Website hosting and domain assistance
• Business email setup
• Website maintenance and support
• Other agreed digital services

The exact scope of work for a project will be set out in the quotation, proposal or written agreement provided to the client.

Acceptable Website Use

You may use this website to learn about Namibia Digital, review our services, view examples of our work and contact us about a project.

You may not:

• Use the website for unlawful or fraudulent activity
• Attempt to gain unauthorised access to the website, server, forms, accounts or connected systems
• Introduce viruses, malicious code or harmful software
• Interfere with the operation or security of the website
• Submit false, misleading or impersonated information
• Copy or reproduce protected website content without permission
• Use automated systems to scrape, overload or misuse the website

We may restrict access to the website where misuse, security risk or unlawful conduct is suspected.

Enquiries and Quotations

Submitting a website enquiry does not automatically create a contract between you and Namibia Digital.

Before work begins, we may request additional information about your business, goals, content, budget, required functionality and preferred timeline.

Quotations are based on the information available at the time they are prepared. A quotation may be revised where:

• The project scope changes
• Additional pages or functionality are requested
• Third party costs change
• Important requirements were not initially disclosed
• Additional work becomes necessary

A quotation is valid for the period stated on the quotation. Where no period is stated, Namibia Digital may withdraw or revise the quotation before it is accepted.

Digital Services

Namibia Digital will provide the services described in the accepted quotation or project agreement.

Services not expressly included in the agreed scope may be quoted and charged separately.

Unless expressly included, the following may require an additional quotation:

• Professional copywriting
• Photography or video production
• Paid stock images or licensed assets
• Custom software development
• Advanced integrations
• Product data entry
• Large content uploads
• Ongoing website maintenance
• Advertising budgets
• Third party subscriptions
• Domain and hosting renewal costs

Client Responsibilities

The client must provide accurate and complete information needed to perform the project.

The client is responsible for supplying requested materials, which may include:

• Business information and contact details
• Approved wording and page content
• Logos, photographs and brand materials
• Product information and prices
• Website, domain and hosting access
• Relevant account access
• Required legal and policy information
• Timely feedback and approvals

The client confirms that it has permission to use all content, images, trademarks, logos and other materials supplied to Namibia Digital.

The client remains responsible for checking that its website content, products, services and business practices comply with applicable law and industry requirements.

Feedback, Approvals and Changes

The client must review drafts, designs, website pages, text, images, functionality and other project materials.

Approval given by email, WhatsApp or another agreed written method may be treated as project approval.

Requests that materially change approved work or expand the original project scope may result in:

• An updated quotation
• Additional charges
• A revised completion date
• A separate project phase

Namibia Digital may correct reasonable technical errors identified during development. Rebuilding approved work because of a change in preference is not necessarily included.

Prices and Payments

Project prices, deposits, payment stages and due dates will be specified in the relevant quotation, proposal or invoice.

Unless otherwise agreed in writing:

• Work begins after the required deposit is received
• The remaining balance must be paid according to the agreed payment schedule
• Third party costs may need to be paid before they are purchased or activated
• Final files, website transfer or full launch may be withheld until outstanding amounts are paid

Namibia Digital may suspend work, hosting, support or access to unpaid services where an invoice remains outstanding.

Bank fees, currency conversion charges and payment processing fees charged by third parties remain the responsibility of the payer unless agreed otherwise.

Project Timelines and Delays

Any completion date is an estimate unless Namibia Digital expressly confirms a fixed deadline in writing.

Project timelines depend on the client providing requested information, content, access, payment, feedback and approvals on time.

Namibia Digital will not be responsible for delays caused by:

• Late client content or feedback
• Changes to the project scope
• Delayed payments
• Third party service providers
• Hosting or platform outages
• Domain transfer delays
• Technical limitations discovered during development
• Events outside our reasonable control

A project that remains inactive because the client does not respond may be paused and rescheduled.

Cancellation and Refunds

A client may request cancellation in writing.

The client remains responsible for:

• Work completed before cancellation
• Time already reserved or spent on the project
• Approved third party costs
• Licences, domains, hosting or subscriptions purchased
• Other non recoverable expenses

Deposits compensate Namibia Digital for project preparation, scheduling and work already performed. A deposit may therefore be partly or fully non refundable once work has started.

Any refund will depend on the project stage, work completed, costs incurred and the terms in the applicable quotation or agreement.

Completed digital work, approved design work, activated subscriptions and purchased third party services are generally not refundable unless required by applicable law or agreed otherwise in writing.

Intellectual Property

Namibia Digital materials

Namibia Digital retains ownership of its pre existing systems, methods, templates, reusable code, development tools, processes, internal resources and general knowledge.

Client supplied materials

The client retains ownership of materials it lawfully supplies to Namibia Digital.

Final project work

Ownership or usage rights in final approved work will transfer only after all amounts relating to the project have been paid, subject to any third party licences and terms stated in the quotation.

Drafts, rejected concepts, unused designs and working files remain the property of Namibia Digital unless a written agreement states otherwise.

Fonts, plugins, stock assets, software and third party components remain subject to their own licence terms.

Portfolio and Promotional Use

Unless confidentiality has been agreed in writing, Namibia Digital may identify completed client work in its portfolio, website, proposals, social media and other marketing material.

This may include the client name, logo, website address, screenshots and a general description of the services provided.

Confidential client information, private data and account credentials will not be intentionally displayed.

Third Party Services

Website and digital projects may depend on products and services supplied by third parties.

These may include:

• Domain registrars
• Website hosting companies
• WordPress and WooCommerce
• Website themes and plugins
• Email service providers
• Payment gateways
• Google services
• Social media platforms
• Stock image and font providers
• Analytics and security tools

Third party services are subject to their own terms, prices, availability, licences and privacy policies.

Namibia Digital does not control third party systems and cannot guarantee that they will remain available, unchanged, compatible or free from faults.

Hosting, Domains and Support

Where Namibia Digital assists with hosting, domains, business email or maintenance, the exact service and renewal terms will be stated in the applicable quotation or service plan.

The client is responsible for paying renewal charges before their due dates.

Failure to pay renewal charges may result in:

• Website suspension
• Email interruption
• Loss of domain ownership or control
• Deletion of hosted content
• Additional recovery or reactivation costs

Hosting and internet services may occasionally be unavailable because of maintenance, technical faults, security incidents or provider outages.

Ongoing support is not included after project completion unless it is included in the quotation or covered by a maintenance agreement.

Google Ads and Advertising Services

Advertising services may include campaign setup, management, optimisation, reporting and recommendations.

Advertising platform charges and campaign budgets are separate from Namibia Digital management fees unless the quotation states otherwise.

The client remains responsible for:

• The accuracy and legality of advertised claims
• Product and service availability
• Website pricing and information
• Advertising account payments
• Responding to leads and customer enquiries
• Complying with platform policies

Namibia Digital cannot guarantee a particular number of enquiries, sales, conversions, rankings, revenue or return on advertising spend.

Advertising platforms may reject, limit or suspend advertisements and accounts according to their own policies.

Warranties and Website Availability

Namibia Digital will use reasonable skill and care when providing agreed services.

The website and general website information are provided on an available basis.

We do not guarantee that:

• The website will always be available
• The website will be entirely free from errors
• Every browser, device or future software version will remain compatible
• Third party services will remain unchanged
• A website will achieve a particular business result
• Search engines will provide a particular ranking

Where a technical issue is caused by Namibia Digital within the agreed project scope, we will make reasonable efforts to investigate and correct it.

Limitation of Liability

To the extent permitted by applicable law, Namibia Digital will not be liable for indirect, incidental or consequential loss arising from use of the website or digital services.

This may include:

• Loss of profits or revenue
• Loss of business opportunities
• Loss of data
• Loss caused by third party services
• Website or email downtime
• Advertising platform decisions
• Search engine ranking changes
• Unauthorised access caused by client credential handling

Where liability cannot lawfully be excluded, Namibia Digital's total liability relating to a specific project will be limited to the amount paid to Namibia Digital for the part of the service giving rise to the claim, unless applicable law requires otherwise.

Client Indemnity

The client agrees to be responsible for claims, losses or costs arising from:

• Content or materials supplied by the client
• False or misleading business claims
• Copyright or trademark infringement in client materials
• Unlawful products, services or website content
• The client's failure to comply with applicable law
• The client's misuse of completed work

This section applies only to the extent permitted by applicable law.

Confidentiality

Each party should use reasonable care to protect confidential business information received from the other party.

Confidential information does not include information that:

• Is publicly available through no breach of duty
• Was already lawfully known to the receiving party
• Was independently developed
• Must be disclosed by law or lawful authority

Clients should not send passwords or sensitive credentials through general website forms.

Suspension and Termination

Namibia Digital may pause, suspend or terminate a service where:

• Invoices remain unpaid
• The client materially breaches an agreement
• The project involves unlawful or misleading activity
• The client provides abusive or threatening communication
• Continuing the service creates a security or legal risk
• A third party platform prevents continuation

Termination does not remove the client's responsibility to pay for work completed and costs incurred before termination.

Governing Law and Disputes

These terms are governed by the applicable laws of Namibia.

The parties should first attempt to resolve any dispute through direct, good faith communication.

Where a dispute cannot be resolved informally, it may be referred to a court or other lawful dispute resolution process with jurisdiction in Namibia.

Nothing in these terms excludes a right or remedy that cannot lawfully be excluded.

Changes to These Terms

Namibia Digital may update these Terms and Conditions when its services, website, technology or legal responsibilities change.

The latest version will be displayed on this page and the Last Updated date will be revised.

Changes to a current signed project agreement will not automatically apply unless agreed by the parties or required by law.