1. Acceptance of Terms
By accessing or using the Elementary Digital website (elementary.co.za), client portal, or any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our Services.
These Terms constitute a legally binding agreement between you and Elementary Digital (Pty) Ltd (“Elementary Digital”, “we”, “us”, or “our”), a company registered in South Africa.
If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
2. Description of Services
Elementary Digital provides the following Services:
- Marketing website: Information about our technology consulting and development services, including the ability to submit project enquiries
- Client portal: An authenticated platform for existing clients to manage projects, view proposals and invoices, communicate with our team, and manage account settings
- Project enquiry submission: A multi-step form allowing prospective clients to describe their project requirements and contact details
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.
3. User Accounts
Certain features of our Services require you to create an account or sign in. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password and account credentials
- Promptly update your information if it changes
- Accept responsibility for all activity that occurs under your account
- Notify us immediately of any unauthorised access or security breach
We support authentication via email and password or Google OAuth. You are responsible for maintaining the confidentiality of your authentication credentials.
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Submit false, misleading, or fraudulent information through our enquiry forms or portal
- Attempt to gain unauthorised access to our systems, other user accounts, or any part of the Services not intended for you
- Interfere with or disrupt the integrity or performance of the Services
- Use automated systems (bots, scrapers, crawlers) to access the Services without our prior written consent
- Transmit any malware, viruses, or other harmful code
- Reverse-engineer, decompile, or disassemble any part of the Services
- Use the Services for any purpose that is unlawful or prohibited by these Terms
5. Intellectual Property
All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, software, source code, and design — are the exclusive property of Elementary Digital (Pty) Ltd or its licensors and are protected by South African and international intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Services without our prior written consent.
The Elementary Digital name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Elementary Digital (Pty) Ltd. You may not use these marks without our prior written permission.
6. Enquiries and Projects
Submitting a project enquiry through our website does not create a contractual obligation on either party. Enquiries are invitations to discuss potential engagements.
Any project engagement will be governed by a separate statement of work, proposal, or service agreement agreed upon by both parties. These Terms do not replace or supersede any such project-specific agreements.
Information submitted through the enquiry form is processed in accordance with our Privacy Policy.
7. Confidentiality
Any non-public information shared through the client portal — including project details, proposals, invoices, and communications — is considered confidential. Both parties agree to:
- Treat confidential information with reasonable care and not disclose it to third parties without prior written consent
- Use confidential information only for the purposes for which it was shared
- Return or destroy confidential information upon request or termination of the business relationship
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
8. Disclaimers
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Elementary Digital disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties that the Services will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or completeness of any content
We do not warrant that the Services will meet your specific requirements or that any defects will be corrected.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Elementary Digital (Pty) Ltd, its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, data, or business opportunities
- Cost of procurement of substitute services
- Business interruption
Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the amount you paid to us in the twelve (12) months preceding the claim, or (b) ZAR 5,000.
10. Indemnification
You agree to indemnify, defend, and hold harmless Elementary Digital (Pty) Ltd and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content or information you submit through the Services
11. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:
- Violation of these Terms
- Conduct that we reasonably believe is harmful to other users, us, or third parties
- Extended periods of inactivity
- Requests by law enforcement or government agencies
You may terminate your account at any time by contacting us at hello@elementary.co.za. Upon termination, your right to use the Services ceases immediately.
Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, and governing law shall survive termination.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of South Africa.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated “last updated” date.
For material changes, we will make reasonable efforts to provide advance notice via email or a prominent notice on our website. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
Elementary Digital (Pty) Ltd
Email: hello@elementary.co.za