Terms of Service

These Terms apply to all services, products, projects, subscriptions, retainers, support arrangements, hosting services, software services, creative services, consulting services, and any other work provided by Asande Corp, Asande Online, Asande Designs, or any current or future subdivision, trading name, brand, product, platform, or related service operated under Asande Corp, collectively referred to as “Asande”, “we”, “us”, or “our”.

These Terms apply whether the service is provided through a website, quote, invoice, proposal, email, WhatsApp message, support channel, subscription, written agreement, or any other accepted communication method.

If a specific quote, invoice, statement of work, proposal, service agreement, or written contract contains additional terms, those additional terms will apply together with these Terms. If there is a direct conflict, the more specific written agreement will apply for that specific service only.

The Client does not need to physically sign these Terms for them to apply.

The Client will be deemed to have accepted these Terms if the Client accepts a quote, pays an invoice, makes a deposit, confirms work to begin, gives written or verbal approval, provides project materials, uses the service, renews a service, or continues to engage Asande after receiving a link to these Terms.

By accepting a quote, paying an invoice, approving work, or continuing with any Asande service, the Client agrees to be bound by these Terms.

The scope of work will be limited to what is stated in the accepted quote, invoice, proposal, statement of work, service agreement, or written communication accepted by both parties.

Any work not expressly included may be treated as additional work and may require a separate quote, revised timeline, or additional payment.

Asande may charge for additional revisions, urgent requests, after-hours work, major design changes, new features, extra pages, extra integrations, additional meetings, content rewrites, migration work, debugging outside the agreed scope, or changes requested after approval or project closure.

Unless otherwise agreed in writing, a deposit or upfront payment may be required before work begins. Work may only start once the required payment has cleared.

Deposits, setup fees, discovery fees, strategy fees, consultation fees, design fees, development fees, hosting setup fees, licence fees, third-party costs, and any work already performed are non-refundable.

Final deliverables, source files, credentials, launch access, handover documents, or completed work may be withheld until all outstanding amounts have been paid in full.

Where payment is made in instalments, the full outstanding balance may become immediately due if the Client misses an instalment, delays payment, reverses payment, disputes payment without valid reason, or breaches these Terms.

Where a Client receives more than one service from Asande, all accounts, services, projects, subscriptions, retainers, hosting services, support services, software services, and related work may be treated as part of the Client’s overall account with Asande.

If the Client fails to pay any amount due for any service, project, subscription, invoice, retainer, or account, Asande may, after reasonable notice where practical, suspend, restrict, pause, withhold, or refuse work or access relating to any other service provided to that Client, even if that other service is separately quoted, separately invoiced, or otherwise up to date.

This may include pausing active project work, withholding final files, withholding credentials, suspending support, suspending hosting, suspending email services, suspending domain-related services, disabling dashboards or portals, refusing new work, refusing change requests, or placing the Client’s account on hold until all overdue amounts are settled.

Asande will not be liable for any loss, interruption, reputational damage, missed opportunity, business downtime, data loss, or other consequence arising from a lawful suspension caused by the Client’s non-payment, late payment, failed debit, reversed payment, disputed payment, or breach of these Terms.

Suspension does not cancel the Client’s payment obligations. All overdue amounts remain payable, including approved work already performed, third-party costs, subscriptions, licence fees, hosting costs, penalties, collection costs, or administrative fees incurred by Asande.

Asande may reactivate suspended services once the overdue account has been settled in full, subject to technical feasibility, availability of third-party services, payment of any reactivation fee, and settlement of any related costs.

Some services may depend on third-party providers, including but not limited to domain registrars, hosting providers, cloud platforms, email providers, payment gateways, API providers, plugin vendors, software vendors, Meta, Google, AWS, OpenAI, Vercel, cPanel, Plesk, or other external platforms.

The Client is responsible for all approved third-party costs, renewals, licence fees, subscriptions, API usage, cloud usage, advertising spend, domain renewals, hosting fees, transaction fees, and related charges required for the delivery or continuation of the service.

Asande is not responsible for service interruptions, price changes, policy changes, account suspensions, platform limitations, outages, verification delays, rejected applications, API restrictions, or discontinued services caused by third-party providers.

Where Asande pays third-party costs on behalf of the Client, the Client must reimburse Asande on request or as invoiced. Asande may suspend or withhold services if third-party costs are unpaid.

Where Asande provides or manages hosting, websites, email, domains, DNS, backups, servers, cloud infrastructure, or related services, the Client remains responsible for keeping their account paid and providing accurate domain, email, business, and technical information.

Asande may suspend hosting, email, website, DNS, domain, support, or infrastructure services for non-payment, abuse, security risk, malware, spam, unlawful content, excessive resource usage, breach of these Terms, or violation of a third-party provider’s rules.

The Client understands that suspension of hosting, domains, DNS, or email may cause website downtime, email interruption, lost enquiries, failed transactions, or business disruption. Asande will not be liable for such consequences where suspension results from the Client’s non-payment, breach, unlawful conduct, or third-party provider action.

Unless expressly included in a paid plan, backups, disaster recovery, malware removal, email recovery, website restoration, domain recovery, and emergency support are not guaranteed and may be charged separately.

The Client agrees to provide accurate information, timely feedback, approvals, content, access credentials, brand assets, images, copy, product information, business details, and any other material required for Asande to perform the service.

The Client is responsible for checking and approving all content, spelling, pricing, contact details, banking details, legal wording, product information, claims, images, and final deliverables before publication, launch, submission, or use.

Delays caused by the Client, including late feedback, missing content, unavailable access, late payments, or changed instructions, may affect timelines and delivery dates. Asande will not be responsible for delays caused by the Client or third parties.

Unless otherwise agreed in writing, all drafts, concepts, source files, working files, designs, code, systems, documents, strategies, proposals, AI prompts, workflows, templates, internal tools, processes, and unfinished work remain the property of Asande until the Client has paid all amounts due in full.

After full payment, the Client will receive the agreed final deliverables for the agreed purpose. Ownership or usage rights only transfer to the extent expressly stated in the relevant quote, invoice, proposal, or written agreement.

Asande retains ownership of its pre-existing tools, frameworks, reusable code, libraries, templates, know-how, methods, internal systems, automation logic, AI workflows, deployment processes, and general expertise, even where these are used to deliver work for the Client.

The Client may not copy, resell, distribute, modify, reverse engineer, or reuse unpaid work, rejected concepts, drafts, source files, or internal systems without written permission from Asande.

Where Asande provides AI, automation, chatbot, workflow, software, integration, API, or system-related services, the Client acknowledges that outputs may require human review and may not always be complete, accurate, error-free, or suitable for every use case.

The Client remains responsible for reviewing, approving, and using any AI-generated content, automation output, business decision, message, report, or recommendation.

Asande will not be liable for losses caused by the Client using AI or automation outputs without proper review, testing, approval, or operational controls.

Asande will take reasonable steps to protect confidential information shared by the Client and will not intentionally disclose it to unauthorised parties, except where required to deliver the service, comply with the law, use third-party providers, enforce these Terms, or protect Asande’s rights.

The Client agrees that Asande may process personal information as needed to provide services, manage accounts, communicate with the Client, issue invoices, provide support, deliver projects, maintain systems, and comply with legal or operational requirements.

Where required, the Client is responsible for ensuring that any personal information, customer data, mailing lists, employee data, images, testimonials, or third-party content supplied to Asande has been lawfully collected and may lawfully be used for the intended service.

A separate Privacy Policy may apply and should be read together with these Terms.

Unless the Client requests otherwise in writing before project completion, Asande may display completed work, screenshots, project descriptions, business names, logos, case studies, testimonials, results, and public-facing deliverables in its portfolio, website, proposals, social media, marketing material, and sales presentations.

Asande will not intentionally disclose confidential information, private credentials, unpublished business information, or sensitive internal material without permission.

If the Client fails to provide required feedback, content, approval, payment, or access for more than 14 calendar days, Asande may place the project on hold.

If the Client remains inactive for more than 30 calendar days, Asande may treat the project as abandoned. Any amounts already paid will be retained for work performed, time reserved, administration, and costs incurred.

Restarting an abandoned project may require a restart fee, revised quote, revised timeline, or updated scope.

The Client confirms that all content, images, trademarks, logos, text, product information, data, claims, offers, pricing, business information, and materials supplied to Asande are lawful and that the Client has the necessary rights or permission to use them.

The Client indemnifies Asande against any claims, losses, penalties, complaints, or costs arising from unlawful, misleading, infringing, defamatory, offensive, harmful, or unauthorised content supplied or approved by the Client.

Any timelines, launch dates, delivery dates, or turnaround times are estimates unless expressly confirmed in writing as fixed dates.

Timelines may change because of Client delays, late payments, additional scope, third-party delays, technical issues, platform limitations, illness, emergencies, or matters outside Asande’s reasonable control.

Asande will make reasonable efforts to communicate timeline changes where practical.

Support and maintenance are only included where expressly stated in the quote, invoice, proposal, subscription, retainer, or service agreement.

Unless otherwise agreed in writing, completed work is provided as accepted at the point of handover or launch.

Fixes for issues caused by third-party updates, hosting changes, plugin changes, unauthorised edits, malware, client-side changes, expired licences, external integrations, or new requirements may be charged separately.

To the maximum extent allowed by law, Asande will not be liable for indirect, incidental, special, consequential, or business-related losses, including loss of profit, loss of revenue, loss of data, loss of goodwill, loss of opportunity, downtime, reputational damage, search ranking changes, platform rejection, advertising performance, third-party failure, or interruption of business.

Where Asande is found liable, its total liability will be limited to the amount paid by the Client to Asande for the specific service giving rise to the claim during the three months before the claim arose, unless a different limit is required by law.

Either party may terminate a project or service by giving written notice, unless a specific agreement states otherwise.

If the Client cancels a project, subscription, retainer, or service, the Client remains responsible for all work performed, time spent, approved costs, third-party costs, committed expenses, and any unpaid amounts up to the cancellation date.

If a project is completed or substantially completed before cancellation, the full project amount remains payable.

Asande may terminate or refuse service where the Client fails to pay, acts abusively, requests unlawful work, repeatedly delays the project, breaches these Terms, creates security or reputational risk, or makes continued service unreasonable.

Asande may update these Terms from time to time. The latest version will be published on this page.

Where practical, Asande may notify active Clients of material changes. Continued use of Asande services after an update means the Client accepts the updated Terms.

These Terms are governed by the laws of the Republic of South Africa.

The parties agree to first attempt to resolve disputes in good faith. If the dispute cannot be resolved, either party may pursue any remedy available under South African law.