Browns Digital is a web design and development agency operated by Robert Brown, trading as Browns Digital, in the Republic of South Africa. References to "Browns Digital", "we", "us", and "our" refer to this entity. References to "you" or "Client" refer to any individual or organisation accessing our Website or Client Portal.
These Terms govern:
These Terms operate alongside our Privacy Policy. In the event of any conflict between these Terms and a separately signed service agreement, the signed service agreement takes precedence.
You may use brownsdigital.org for lawful purposes only. You must not:
To access the Client Portal you must be invited by Browns Digital and register an account. You agree to:
We reserve the right to suspend or terminate accounts that breach these Terms without notice.
The specific scope, timeline, deliverables, and pricing for any web design or development project are governed by the proposal or service agreement issued to you. These Terms supplement but do not replace that agreement.
We will use reasonable skill and care in delivering services. However, we do not guarantee that deliverables will be error-free or that our services will meet every specific requirement not documented in the agreed scope.
You may upload proof of EFT payment via the Client Portal. Submission of proof does not constitute payment confirmation — payment is confirmed only upon our written acknowledgement ("Approve & Mark Paid") in the portal. We aim to review submitted proof within 1 business day.
All intellectual property rights in the Browns Digital website, client portal, and all original work we create remain owned by Browns Digital until full payment is received. Upon receipt of full payment for a project, we assign to you all intellectual property rights in the specific custom deliverables created for that project (excluding any third-party components, frameworks, or libraries which retain their original licences).
You grant us a non-exclusive licence to display completed projects in our portfolio unless you expressly request otherwise in writing.
Each party agrees to keep confidential all non-public information received from the other party in connection with a project. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
You agree to:
Upon project completion we may send you a satisfaction rating request. Ratings are voluntary. If you submit a positive rating (4 or 5 stars) we may subsequently ask whether you would like to provide a public testimonial for display on our portfolio. Testimonial submission is entirely optional. Any testimonial you provide may be published on brownsdigital.org. You warrant that your testimonial is accurate and does not infringe any third-party rights.
To the maximum extent permitted by South African law, Browns Digital's total liability to you in connection with any claim arising from or related to our services shall not exceed the total fees paid by you in the 3 months immediately preceding the event giving rise to the claim.
We shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profit, loss of data, or loss of business opportunity.
Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Our website and client portal are provided on an "as is" and "as available" basis. We do not warrant that either platform will be uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue any feature at any time without notice.
Our platforms may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party site. We use the following third-party processors in delivering our services — please refer to our Privacy Policy for full disclosure.
We may update these Terms from time to time. We will post the updated Terms on this page with a revised effective date. Your continued use of our platforms after changes are posted constitutes your acceptance of the updated Terms. For material changes we will notify registered portal users by email where practicable.
Either party may terminate a service engagement by giving written notice. If you terminate before project completion you remain liable for all fees incurred up to the termination date. We may terminate immediately if you breach any material term of these Terms or any service agreement.
Upon termination, provisions that by their nature should survive (including intellectual property, payment obligations, confidentiality, and limitation of liability) shall continue to apply.
In the event of a dispute, the parties agree to first attempt to resolve the matter by good-faith negotiation. If negotiation fails within 30 days, the dispute shall be referred to a mediator agreed between the parties. If mediation fails, either party may pursue legal remedies.
These Terms are governed exclusively by the laws of the Republic of South Africa. Any dispute arising from or connected to these Terms shall be subject to the exclusive jurisdiction of the South African courts. The Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 apply where relevant.
For any questions regarding these Terms, service agreements, or your account:
These Terms should be read in conjunction with our Privacy Policy, which governs how we collect and process your personal information.
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