Terms of Service

Last updated: March 2026 — Futurify Designs, Gaborone, Botswana

1. Services Provided

Futurify Designs provides professional web design and development services, including but not limited to:

• ✦ Custom website design and development
• ✦ E-commerce website development with shopping cart functionality
• ✦ Portfolio and business websites tailored to your brand
• ✦ Restaurant and hospitality industry websites
• ✦ Website maintenance, updates, and technical support
• ✦ SEO optimization services for better search visibility
• ✦ Responsive mobile design for all devices
• ✦ Website speed optimization and performance enhancement

2. Project Engagement

2.1 Consultation

All projects begin with a free consultation where we discuss your vision, requirements, and project scope. This consultation may be conducted via:

• ✦ Phone call or WhatsApp (+267 777 83823)
• ✦ Email correspondence (futurifydesigns@gmail.com)
• ✦ In-person meeting in Gaborone, Botswana
• ✦ Video call for remote consultations

2.2 Project Proposal

Following the consultation, we will provide a detailed project proposal that includes:

• ✦ Comprehensive scope of work and deliverables
• ✦ Project timeline with key milestones
• ✦ Pricing breakdown and payment terms
• ✦ Number of included revision rounds
• ✦ Technical specifications and requirements
• ✦ Hosting and domain recommendations

2.3 Project Agreement

By accepting our proposal and making the initial payment, you agree to the terms outlined in the proposal and these Terms of Service. The project officially begins upon receipt of the deposit payment.

3. Payment Terms

3.1 Payment Structure

3.2 Accepted Payment Methods

We accept the following secure payment methods:

• ✦ Bank Transfer: Direct transfer to our Botswana bank account
• ✦ Mobile Money: Orange Money, Mascom MyZaka
• ✦ eWallet: eWallet by FNB
• ✦ Pay2Cell: Instant mobile payments
• ✦ PayPal: For international clients (fees may apply)

3.3 Late Payments

Final payment must be made before the website is launched to the public. Failure to make timely payment may result in:

• ✦ Project suspension until payment is received
• ✦ Inability to access website files or admin credentials
• ✦ Possible project cancellation after 30 days

4. Project Timeline

Project timelines are estimates based on the agreed scope of work. Typical timelines are:

• ✦ Simple websites: 5-7 business days (single page, basic functionality)
• ✦ Medium complexity websites: 10-14 business days (multi-page, custom features)
• ✦ Complex/E-commerce websites: 3-4 weeks (extensive functionality, integrations)

4.1 Factors Affecting Timeline

Timelines may be affected by:

• ✦ Delayed content, images, or materials from the client
• ✦ Changes to project scope or requirements
• ✦ Technical complications or third-party integrations
• ✦ Extended feedback or approval periods
• ✦ Force majeure events (power outages, natural disasters, etc.)

5. Client Responsibilities

To ensure smooth project completion, clients are responsible for:

• ✦ Providing all necessary content, images, logos, and materials in a timely manner
• ✦ Ensuring all provided materials do not infringe on third-party copyrights
• ✦ Reviewing and providing feedback on designs and deliverables within 5 business days
• ✦ Obtaining any necessary licenses for fonts, images, stock photos, or other assets
• ✦ Arranging domain registration and hosting (we provide guidance and recommendations)
• ✦ Providing clear, actionable feedback during revision rounds
• ✦ Being available for consultations and questions during development

6. Revisions and Changes

6.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the project proposal, typically 2-3 rounds. A revision round includes:

• ✦ Design adjustments and layout modifications
• ✦ Color scheme and typography changes
• ✦ Content placement and organization
• ✦ Minor functionality tweaks

6.2 Additional Revisions

Revisions beyond the agreed number or changes to the original scope may incur additional fees based on complexity and time required.

6.3 Major Scope Changes

Significant changes to the project scope (e.g., adding e-commerce to a portfolio site) will require a new proposal and may affect timeline and pricing. We'll provide a revised quote before proceeding.

7. Intellectual Property Rights

7.1 Ownership Upon Payment

Upon receipt of full payment, you will own:

• ✦ The final website design created specifically for your project
• ✦ Custom code and functionality developed for your site
• ✦ All custom graphics and visual elements we created
• ✦ The right to modify and use the website as you see fit

7.2 Third-Party Components

Your website may include third-party components (frameworks, libraries, plugins, fonts) that are subject to their own licenses. These typically include:

• ✦ Open-source frameworks (React, Bootstrap, etc.)
• ✦ Font libraries (Google Fonts, Font Awesome)
• ✦ JavaScript libraries and plugins
• ✦ Content management systems

7.3 Portfolio Usage

We reserve the right to display completed projects in our portfolio, marketing materials, and case studies unless otherwise agreed in writing. This includes screenshots, descriptions, and testimonials.

7.4 Futurify Designs' Rights

We retain intellectual property rights to our:

• ✦ Development methodologies and processes
• ✦ Code templates and frameworks (not project-specific)
• ✦ Business practices and approaches
• ✦ Proprietary tools and systems

8. Website Hosting and Maintenance

8.1 Hosting

We provide guidance and recommendations on hosting solutions but are not responsible for hosting services unless specifically contracted. You are responsible for:

• ✦ Purchasing and maintaining hosting services from a provider
• ✦ Domain registration and annual renewal fees
• ✦ Server-related issues, downtime, or technical problems
• ✦ SSL certificates and security configurations
• ✦ Email hosting and configuration

Estimated Costs:

• ✦ Domain: P150-P400 per year (.com, .co.bw, etc.)
• ✦ Hosting: P500-P1500 per year (depends on traffic and features)
• ✦ SSL Certificate: Often included free with hosting

8.2 Post-Launch Support

We provide one month of free support after website launch. This includes:

• ✦ Fixing bugs or errors that existed at launch
• ✦ Minor text or image updates (up to 3 changes)
• ✦ Technical support and troubleshooting
• ✦ Guidance on using your website's admin panel

8.3 Ongoing Maintenance

Ongoing maintenance beyond the first month can be arranged separately. Maintenance packages may include:

• ✦ Regular content updates and modifications
• ✦ Software and plugin updates
• ✦ Security monitoring and malware scanning
• ✦ Regular backups and disaster recovery
• ✦ Performance optimization and speed improvements
• ✦ Monthly reports and analytics

9. Cancellation and Refund Policy

9.1 Client Cancellation

If you cancel the project:

• ✦ Before work begins: 100% refund of deposit minus 10% administrative fee
• ✦ During design phase: 50% refund of deposit (work completed to date is yours to keep)
• ✦ After design approval: No refund of deposit (significant work completed)
• ✦ After development begins: No refund (substantial resources invested)

9.2 Futurify Designs Cancellation

We reserve the right to cancel a project if:

• ✦ Client fails to provide necessary materials after 3 written requests
• ✦ Client behavior is abusive, unprofessional, or harassing toward our team
• ✦ Payment is not received as scheduled despite reminders
• ✦ Project requirements violate laws or ethical standards

In such cases, you will receive a refund proportional to the work completed, minus any expenses incurred.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• ✦ Services will be performed professionally and competently
• ✦ Original work will not infringe third-party intellectual property rights
• ✦ Websites will be functional and free of critical bugs at time of delivery
• ✦ Work will be completed in accordance with industry best practices
• ✦ We will make reasonable efforts to meet agreed timelines

10.2 Disclaimer

We do not guarantee:

• ✦ Specific search engine rankings, traffic levels, or conversion rates
• ✦ Compatibility with all future browser versions or devices indefinitely
• ✦ Uninterrupted or error-free operation after launch (depends on hosting)
• ✦ Results from using the website for business purposes or profitability
• ✦ Third-party service integrations will continue to work indefinitely

11. Limitation of Liability

To the maximum extent permitted by law:

• ✦ Our total liability shall not exceed the total amount paid by you for the specific project
• ✦ We are not liable for indirect, incidental, special, or consequential damages
• ✦ We are not liable for loss of profits, data, business opportunities, or revenue
• ✦ We are not liable for damages resulting from client actions, hosting issues, or third-party services
• ✦ We are not liable for any damages occurring more than 30 days after project delivery

12. Confidentiality

We agree to:

• ✦ Keep confidential any proprietary information you provide during the project
• ✦ Not disclose your business information, strategies, or trade secrets to third parties
• ✦ Use your information only for the purpose of providing our services
• ✦ Implement reasonable security measures to protect your information
• ✦ Not compete with your business using information gained during our work

However, confidentiality does not extend to:

• ✦ Information that is publicly available
• ✦ Information we already possessed before the engagement
• ✦ Information we must disclose by law

13. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to:

• ✦ Natural disasters (floods, earthquakes, fires)
• ✦ Power outages and internet service interruptions
• ✦ Government actions, laws, or regulations
• ✦ Pandemics, epidemics, or public health emergencies
• ✦ Strikes or labor disputes
• ✦ Acts of terrorism or war

14. Dispute Resolution

14.1 Communication First

In the event of any dispute, we encourage open communication to resolve issues amicably. Most concerns can be addressed through direct dialogue.

14.2 Mediation

If disputes cannot be resolved through discussion, both parties agree to attempt good faith mediation before pursuing legal action.

14.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Botswana. Any legal proceedings shall be conducted in courts located in Gaborone, Botswana.

15. Website Usage Terms

15.1 Acceptable Use

Our website is for lawful purposes only. You may not:

• ✦ Use the website to transmit harmful code, malware, or viruses
• ✦ Attempt to gain unauthorized access to our systems or databases
• ✦ Scrape, copy, or reproduce content without permission
• ✦ Use automated systems to access the website (bots, scrapers)
• ✦ Use the website in any way that violates applicable local or international laws
• ✦ Impersonate Futurify Designs or our team members

15.2 Content Accuracy

While we strive for accuracy, we make no warranties about the completeness, reliability, or accuracy of information on our website. Prices, services, and availability are subject to change without notice.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be:

• ✦ Effective immediately upon posting to our website
• ✦ Notified to active clients via email for material changes
• ✦ Updated with a new "Last Updated" date at the top of this page

Continued use of our services after changes constitutes acceptance of the modified Terms. We recommend reviewing this page periodically.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of law, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

18. Entire Agreement

These Terms, together with any project proposal or agreement signed by both parties, constitute the entire agreement between you and Futurify Designs regarding our services. These Terms supersede all prior discussions, negotiations, or agreements.

19. Contact Information