01 · Acceptance
These Terms & Conditions establish the general framework for using the Swayphics website and engaging Swayphics for services. A project may also be governed by a quotation, proposal, brief, invoice or separate written agreement.
Where a project-specific document conflicts with these general terms, the project-specific document will apply to the extent of the conflict, provided that it does not remove a right or protection that cannot lawfully be excluded.
02 · Project agreement
Before work begins, Swayphics and the client should have a written record of the relevant scope, deliverables, price and payment requirements. A project may be accepted by signed document, written email confirmation, electronic approval or another recorded method agreed between the parties.
The accepted project record should identify, where relevant: deliverables, quantities, file formats, number of included concepts or revisions, timeline, milestones, third-party costs, payment schedule, hosting or maintenance arrangements, intellectual-property treatment and any special confidentiality or portfolio restrictions.
Swayphics may decline to begin or continue work where required project information or payment has not been received.
03 · Services
Swayphics provides creative, branding, design and digital services. Depending on the agreed project, services may include logo and brand-identity design, stationery and marketing design, packaging and apparel design, website design and development, digital content, business-related digital setup services and other creative or digital work agreed in writing.
The website's displayed service prices are starting or listed prices unless a project-specific quotation states otherwise. The applicable quotation or agreement controls the final scope and price.
04 · Quotes & approval
A quotation or proposal is based on the information available when it is prepared. It will state the applicable validity period or other conditions where relevant.
Work outside the agreed scope may require a revised quotation or additional fee. Where additional work changes the expected price, Swayphics will communicate the additional amount and seek the client's approval before proceeding where required by applicable law.
05 · Payments
Payment requirements will be communicated before work begins. Where an upfront payment, deposit or milestone is required, Swayphics may defer commencement or continuation of the affected work until the required payment is received.
Unless a project-specific agreement states otherwise, final deliverables may be withheld until amounts due for the relevant project have been paid.
Unless otherwise agreed, client payments do not automatically include ongoing third-party costs such as domains, hosting, premium software, paid fonts, stock assets, plugins, subscriptions, APIs or external services.
Nothing in this section removes any payment, estimate, disclosure, cancellation or consumer protection required by South African law.
06 · Client responsibilities
Clients are responsible for providing accurate and timely information, approved text and content, business details, logos, photographs, access credentials where technically required, feedback and other materials identified in the project scope.
The client must have the necessary rights, licences or permissions to provide third-party materials to Swayphics and must not knowingly provide unlawful, infringing or misleading material.
07 · Revisions
The number and nature of included revisions will be determined by the applicable project agreement.
A revision is a reasonable modification to an existing concept or deliverable within the agreed direction. A substantially different concept, new direction, additional deliverable or change in scope may be treated as additional work and quoted separately.
08 · Delays
Project timelines depend on timely information, approvals, feedback, access and payments from the client as well as the availability of required third-party services.
Where a client substantially delays a project, Swayphics may reasonably adjust the timeline and will communicate material changes where practicable. This does not create an unlimited right for Swayphics to impose arbitrary delays or charges.
09 · Third-party services
Projects may rely on hosting providers, domains, email systems, payment processors, databases, APIs, plugins, software, stock libraries or other third-party services.
Swayphics does not own or control third-party services and cannot guarantee their continued availability, pricing, functionality, policies or performance. The client may also be subject to the third party’s own terms, fees and privacy practices.
10 · Intellectual property
Intellectual-property treatment will be specified in the applicable project agreement. Unless otherwise agreed in writing, Swayphics retains ownership of its pre-existing materials, reusable systems, templates, processes, tools, methods, unused concepts and general know-how.
Where final project assets are intended to be transferred or licensed to the client, that transfer or licence takes effect according to the project agreement and any applicable payment conditions. Third-party assets remain subject to their own ownership and licence terms.
Editable/source files are not automatically included unless the project scope states that they are included. A client may not assume that payment for a final exported asset also transfers Swayphics’ underlying reusable systems, templates or unused concepts.
Any assignment of copyright or exclusive licence that is required by law to be in writing must be documented accordingly.
11 · Portfolio use
Swayphics may display completed work in its portfolio, website, social media or promotional material where the client has agreed to that use or where the applicable project agreement permits it.
If a project is expressly agreed to be confidential, embargoed or not for public display, Swayphics will respect that restriction.
12 · Cancellation
A client who wishes to cancel a project should notify Swayphics in writing as soon as reasonably possible.
The financial effect of cancellation depends on the project stage, work already performed, approved third-party commitments, materials purchased, deposits or milestones already due, the applicable agreement and any mandatory rights available to the client.
Swayphics will not rely on a blanket cancellation charge where applicable law requires a different treatment.
13 · Refunds
Refunds will be dealt with according to the applicable project agreement, work already performed, amounts properly due, cancellation circumstances and mandatory legal rights.
Where the CPA or ECTA or another applicable law gives a client a right that cannot lawfully be excluded, that right remains unaffected by these Terms & Conditions.
Where a service has already been started with the client's consent, the application of any statutory cooling-off right will be determined according to the relevant legislation and circumstances.
14 · Delivery & approval
Deliverables will be supplied in the formats and through the method agreed for the project. The client should review deliverables within the review period set in the applicable project agreement and communicate material corrections or approval.
Once a deliverable is approved, later changes may constitute additional work unless the change is required to correct an error attributable to Swayphics or the project agreement provides otherwise.
15 · Website services
Website projects may include design, development, configuration, forms, domains, hosting connections, databases, integrations and other technical components only to the extent stated in the project scope.
Unless specifically included, ongoing hosting, domain renewals, maintenance, premium software, paid assets, external API fees, future feature development and third-party subscriptions are not automatically included in the initial website price.
Website performance or functionality can depend on third-party infrastructure, browser behaviour, internet connectivity and other factors outside Swayphics’ reasonable control. Swayphics does not guarantee search-engine rankings, uninterrupted availability or permanent compatibility with every third-party service.
Where ongoing maintenance or support is required, it may be provided under a separate agreement or quotation.
16 · Company-registration assistance
Where Swayphics offers company-registration assistance, the service is limited to administrative assistance with the applicable CIPC process unless a different scope is expressly agreed in writing.
Swayphics does not represent that it is providing legal, tax, accounting or other regulated professional advice through this service unless such advice is separately and lawfully provided by an appropriately qualified professional.
Government or third-party fees are distinct from Swayphics’ service fee where applicable. The client remains responsible for the accuracy of information supplied for registration. Swayphics cannot guarantee approval of an application by CIPC or another authority.
17 · Liability
Swayphics will perform its services with reasonable care and skill appropriate to the agreed service.
Swayphics is not responsible for losses or interruptions caused by circumstances outside its reasonable control, including third-party platform failures, hosting outages, domain problems, internet failures, API changes, software discontinuation or other external infrastructure issues.
Nothing in these Terms & Conditions excludes or limits any liability or consumer right that cannot lawfully be excluded or limited under South African law. Any limitation of liability must therefore be interpreted subject to mandatory law.
18 · Disputes
If a disagreement arises, both parties should first attempt to resolve the matter through direct communication and good-faith discussion. Where appropriate, the parties may consider mediation or another lawful dispute-resolution process.
This does not prevent either party from exercising a statutory right or pursuing a lawful remedy.
19 · Privacy
Personal information processed through the website or in connection with Swayphics services is handled in accordance with the Swayphics Privacy Policy and applicable South African privacy law, including POPIA.
Clients should not provide personal information that is unnecessary for a project and should ensure that any third-party personal information supplied to Swayphics may lawfully be shared for the relevant project.
20 · InnerMe & AI assistant
InnerMe is an AI-assisted feature on the public Swayphics website intended to help visitors understand their needs, learn about publicly described Swayphics services and decide on a possible next step.
InnerMe responses are generated automatically and may be incomplete, inaccurate, outdated or unsuitable for a particular situation. InnerMe is not legal, tax, accounting, financial, medical or other professional advice, and an InnerMe response does not constitute a quotation, proposal, contractual commitment, diagnosis, guarantee or promise of a particular business result.
Any service recommendation made by InnerMe is informational. The public service information on the website and any later quotation or written project agreement control the actual scope, price and terms of Swayphics work. InnerMe does not have authority to accept a project or change an agreement.
Do not submit passwords, payment details, security answers, confidential client information or other sensitive information through InnerMe. AI processing and relevant third-party provider practices are described in the Swayphics Privacy Policy.
If you choose to use the conversation handoff to Swayphics, review the prefilled enquiry information before submitting it. Once submitted, that information is treated as an enquiry and handled under the ordinary Swayphics website and client-process terms.
Swayphics may modify, suspend or discontinue InnerMe and its supporting AI services where reasonably necessary, including where a third-party AI provider changes or limits its service.
21 · Changes
Swayphics may update these general website Terms & Conditions from time to time. The latest version will be published on this page with its update date.
Changes to these general terms do not automatically rewrite a project-specific agreement that has already been accepted by both parties unless the parties agree otherwise or applicable law requires it.
22 · Contact
Questions regarding these Terms & Conditions, project agreements or Swayphics services may be sent to info@swayphics.co.za.