Terms of Service

1. About these terms

Welcome to Guildworks. These Terms of Service ("Terms") govern your use of the Guildworks website at guildworks.co.za and the services provided by Guildworks ("Guildworks", "we", "us" or "our").

By using our website or engaging us for services, you agree to these Terms. If you do not agree with these Terms, please do not use our website or services.

These Terms should be read together with our Privacy Policy, which explains how we collect and process personal information.

2. Our services

Guildworks provides Shopify development, website development, design implementation, custom functionality, integrations, SEO, conversion optimisation and related digital services.

The specific services, deliverables, timelines and fees applicable to a project will be agreed with the client before work begins. Any proposal, quotation, statement of work or written agreement issued by Guildworks may form part of the agreement between Guildworks and the client.

We may use third-party platforms, applications, software and services when providing our services, including Shopify and Shopify apps.

3. Project scope and changes

We will carry out the work agreed with the client based on the approved scope of work.

Requests that fall outside the agreed scope may be treated as additional work and may result in additional fees and/or changes to the project timeline. We will generally communicate any significant additional costs before carrying out the additional work.

Project timelines are estimates unless a specific deadline has been agreed in writing. Delays caused by late content, feedback, approvals, access credentials or other information required from the client may affect the project timeline.

4. Client responsibilities

Clients are responsible for providing accurate information, content, images, branding materials, product information, access credentials and other materials reasonably required to complete a project.

The client is responsible for ensuring that they have the necessary rights, licences and permissions to use any content, images, fonts, trademarks, software or other materials supplied to Guildworks.

Guildworks is not responsible for delays or issues resulting from inaccurate, incomplete or late information or materials supplied by the client.

5. Fees and payment

Fees for services will be communicated to the client through a quotation, proposal, invoice or other written agreement.

Unless otherwise agreed in writing, invoices are payable within the payment period stated on the invoice.

Guildworks reserves the right to pause or suspend work where invoices remain unpaid. Any resulting delay to the project timeline will not be considered a delay caused by Guildworks.

Additional work outside the agreed scope may be charged separately.

6. Shopify and third-party services

Many of the services provided by Guildworks rely on third-party platforms and services, including Shopify, Shopify apps, payment providers, hosting providers, domain providers, analytics platforms and other software.

Guildworks does not own or control these third-party services and cannot guarantee their continued availability, functionality, pricing, policies or performance.

Clients are responsible for maintaining their own accounts with third-party providers and for paying any applicable subscription, platform, app, hosting, domain or other third-party fees unless otherwise agreed.

Guildworks is not responsible for changes, outages, restrictions, bugs or failures originating from third-party platforms or services.

7. Intellectual property

Unless otherwise agreed in writing, the client retains ownership of content and materials supplied by the client.

Upon full payment for the applicable project, the client will receive the rights to use the agreed final website, design and custom work produced specifically for the client, subject to any third-party licences or restrictions.

Guildworks retains ownership of its pre-existing code, frameworks, development methods, tools, processes, reusable components, know-how and other materials that were not created exclusively for the client.

Third-party software, themes, apps, fonts, images, plugins and other licensed materials remain subject to their respective licences and terms.

Guildworks may display completed work in its portfolio, website or marketing materials unless the client has requested otherwise in writing.

8. Website performance and SEO

Guildworks will make reasonable efforts to deliver websites and services in accordance with the agreed specifications.

However, we cannot guarantee that a website will be completely free from errors, interruptions or compatibility issues, particularly where third-party platforms, applications or services are involved.

SEO services are provided on a best-effort basis. Search engine rankings, traffic, conversions and other SEO outcomes cannot be guaranteed, as they are influenced by factors outside Guildworks' control, including search engine algorithms, competition, market conditions and changes made by third parties.

9. Client approval and responsibility after launch

The client is responsible for reviewing and approving the website and its content before launch.

Once a website has been approved and launched, Guildworks is not responsible for changes made by the client or third parties that subsequently affect the website's functionality, appearance, performance or security.

Where ongoing maintenance or support has not been agreed, work required to correct issues caused by subsequent changes may be charged at our applicable rates.

10. Website use

You may use the Guildworks website for lawful purposes only.

You must not misuse the website, attempt to gain unauthorised access to any part of it, introduce malicious software or code, interfere with its operation, scrape or reproduce its content without permission, or use the website in a way that violates applicable law.

All content on the Guildworks website, including text, graphics, branding, images, design elements and original code, is owned by or licensed to Guildworks unless otherwise stated.

You may not reproduce, modify, distribute or commercially exploit this content without our prior written permission.

11. Third-party links

Our website may contain links to third-party websites or services. These links are provided for convenience and do not constitute an endorsement of those websites or services.

Guildworks is not responsible for the content, availability, security, privacy practices or functionality of third-party websites.

12. Limitation of liability

To the fullest extent permitted by South African law, Guildworks will not be liable for indirect, incidental, consequential or special losses arising from the use of our website or services, including loss of profits, revenue, business opportunities, data or business interruption.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable South African law.

Where Guildworks relies on third-party platforms or services, including Shopify, Guildworks is not responsible for losses arising from the failure, unavailability, modification or discontinuation of those third-party services.

13. Termination

Either party may terminate an ongoing project or service arrangement in accordance with the terms agreed for that project.

If a project is terminated, the client remains responsible for payment for work completed and approved expenses incurred up to the date of termination.

Guildworks may suspend or terminate services where a client fails to make required payments, materially breaches these Terms, or engages in unlawful or abusive conduct.

14. Privacy

Personal information collected through the Guildworks website or in connection with our services is handled in accordance with our Privacy Policy and applicable South African privacy laws, including the Protection of Personal Information Act 4 of 2013 (POPIA).

15. Changes to these Terms

We may update these Terms from time to time. The latest version will be published on this page with the updated date.

Your continued use of our website or services after updated Terms have been published constitutes acceptance of the updated Terms, to the extent permitted by law.

16. Governing law

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

Any dispute arising from these Terms or our services will be subject to the jurisdiction of the South African courts, subject to any applicable statutory rights or requirements.

17. Contact

If you have any questions about these Terms of Service, please contact:

Guildworks
Email: info@guildworks.co.za
Website: guildworks.co.za