Terms & Conditions

Introduction

Welcome to Modus. These Terms & Conditions govern your access to and use of our website, services, digital products, content, proposals, and any related communication with Modus.

By using our website or working with Modus, you agree to these Terms. If you do not agree with them, please do not use our website or services.

Modus provides digital marketing, website design, SEO, paid advertising, branding, and related digital services to help businesses improve their online presence, generate leads, and grow with better systems.

Use of Our Website

You agree to use this website only for lawful purposes and in a way that does not harm Modus, our clients, our service providers, or any other person.

You may not:

Use this website for fraudulent, unlawful, or harmful activity.

Attempt to gain unauthorised access to our website, systems, accounts, or data.

Copy, reproduce, or use our website content, designs, branding, or materials without written permission.

Interfere with the normal operation, security, or performance of this website.

Use our website or services to create a directly competing product, service, or business using our intellectual property, methods, designs, or materials.

Our Services

Modus may offer services including, but not limited to:

Website design and development

Search engine optimisation

Google Business Profile optimisation

Paid advertising management

Branding and design

Landing pages

Digital strategy

Lead generation systems

Marketing automation

Content and copywriting

The exact services, deliverables, timelines, pricing, and payment terms will be set out in a written proposal, invoice, agreement, or other written communication between Modus and the client.

Quotes, Proposals and Scope of Work

Any quote or proposal provided by Modus is based on the information available at the time.

If the client requests additional work, new features, extra pages, additional revisions, urgent delivery, or services outside the agreed scope, Modus may charge additional fees.

A project will only begin once the client has accepted the quote or proposal and paid any required deposit or upfront fee.

Client Responsibilities

To complete work effectively, the client agrees to provide Modus with accurate information, feedback, brand materials, website content, login details, approvals, and any other resources reasonably required for the project.

Delays in providing content, feedback, payments, or approvals may result in delays to the project timeline.

The client is responsible for ensuring that all content, images, claims, trademarks, and materials supplied to Modus are legally allowed to be used.

Payments and Fees

All fees will be set out in the relevant quote, proposal, invoice, or agreement.

Unless otherwise agreed in writing:

Deposits or upfront payments are required before project work begins.

Monthly services are billed in advance.

Ad spend, software subscriptions, hosting fees, domain fees, stock assets, plugin fees, third-party tools, and other external costs may be billed separately.

Late payments may result in work being paused, delayed, or suspended until payment is received.

Modus reserves the right to update pricing at any time. Existing clients will be notified of any pricing changes that affect their ongoing services.

Refunds and Cancellations

Due to the nature of digital services, strategy, design, development, advertising setup, and creative work, payments already made are generally non-refundable once work has started.

If a project is cancelled by the client after work has begun, the client may still be responsible for payment for the work completed up to the cancellation date.

Monthly services may require written notice before cancellation, depending on the agreement between Modus and the client.

Where applicable, cancellations and refunds will be handled in line with South African law and the specific agreement between Modus and the client.

Revisions and Approvals

Modus may include a set number of revisions in a project, as stated in the proposal or agreement.

Additional revisions beyond the agreed amount may be charged separately.

Once a client approves a design, page, campaign, or deliverable, any further changes may be treated as additional work.

Advertising and Marketing Results

Modus works to improve a client’s online presence, advertising performance, lead generation, and digital strategy. However, we do not guarantee specific results, sales, rankings, revenue, leads, return on ad spend, or business outcomes.

Advertising and marketing results may be affected by factors outside our control, including market conditions, competition, budget, website performance, client offer, pricing, sales process, audience behaviour, platform changes, and economic conditions.

The client understands that paid advertising involves risk and that advertising spend is paid to third-party platforms such as Google, Meta, or other advertising providers.

Third-Party Tools and Platforms

Modus may use third-party platforms, tools, or services such as website builders, hosting providers, analytics tools, advertising platforms, automation software, payment providers, plugins, fonts, stock assets, or integrations.

Modus is not responsible for downtime, errors, security issues, policy changes, price changes, account suspensions, or technical problems caused by third-party platforms.

The client may be required to comply with the terms and policies of those third-party providers.

Website Hosting, Domains and Maintenance

If Modus assists with website hosting, domains, or maintenance, the specific terms will be agreed separately.

The client remains responsible for renewing domain names, hosting, software subscriptions, and third-party tools unless Modus has agreed in writing to manage these on the client’s behalf.

Modus is not liable for loss of access, downtime, expired domains, hosting issues, or data loss caused by missed payments, third-party providers, or circumstances outside our control.

Intellectual Property

Unless otherwise agreed in writing, all concepts, strategies, designs, layouts, copy, development work, systems, documents, templates, and creative materials produced by Modus remain the property of Modus until full payment has been received.

Once full payment has been received, the client will receive the agreed rights to use the final approved deliverables for their business.

Modus retains ownership of its internal processes, templates, frameworks, strategies, systems, source files, and know-how.

Modus may display completed work in its portfolio, case studies, social media, website, or marketing material unless the client requests otherwise in writing.

Confidentiality

Both Modus and the client agree to keep confidential information private and not disclose it to third parties unless required for the delivery of services, authorised by the other party, or required by law.

Confidential information may include business information, login details, client data, marketing strategies, pricing, proposals, trade secrets, and internal documents.

Personal Information

Modus may collect and process personal information when users contact us, submit forms, request quotes, become clients, or interact with our website.

We will process personal information responsibly and in accordance with applicable South African data protection laws, including the Protection of Personal Information Act where applicable.

For more information on how we collect, use, and protect personal information, please refer to our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, Modus will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of business, loss of goodwill, or loss of opportunity.

Modus will not be liable for losses caused by:

The client’s use or inability to use our website or services.

Third-party platforms, software, tools, hosting providers, or advertising platforms.

Unauthorised access to accounts, systems, or data where the issue is outside our reasonable control.

Delays caused by the client, third parties, technical issues, or circumstances beyond our control.

Errors in information or materials supplied by the client.

Marketing, advertising, or business results not meeting the client’s expectations.

Indemnity

The client agrees to indemnify and hold Modus harmless against any claims, damages, losses, costs, or expenses arising from the client’s breach of these Terms, misuse of our services, unlawful content, infringement of third-party rights, or failure to comply with applicable laws.

Changes to These Terms

Modus may update these Terms & Conditions from time to time. Any changes will be posted on this page with an updated effective date.

By continuing to use our website or services after changes are published, you agree to the updated Terms.

Governing Law

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

Any disputes arising from these Terms, our website, or our services will be dealt with in accordance with South African law.

Contact Us

If you have any questions about these Terms & Conditions, you can contact us at:

Modus
Email: william@modusai.co.za
Phone: 063 689 9149
Location: Durban, South Africa

Last updated: 09/06/26