Terms of service

These Terms of Service (“Terms”) govern all services provided by DeanSwanepoel.com (“we”, “us”, “our”) to you (“the client”, “you”).

By engaging our services, making payment, or continuing to use our services, you confirm that you have read, understood, and agreed to these Terms, together with our Refund Policy and Privacy Policy.

1. Scope of Services

We provide professional digital services, including but not limited to:

  • Shopify website design, builds, migrations, and theme configuration

  • Custom Shopify app development and integrations

  • Data migration, syncing, imports, and exports

  • Consulting, audits, and advisory services

  • Pre-paid service blocks and retainers

  • Hosting, maintenance, and technical support

  • Third-party coordination (themes, apps, payment gateways, logistics)

The scope of services is defined by the written proposal, quotation, invoice, ticket, or email confirmation agreed with you.

2. Nature of Professional Services

2.1 We provide professional services, not guaranteed business outcomes.

2.2 While we apply reasonable skill, care, and experience, we do not warrant that services will be error-free, uninterrupted, or meet subjective expectations beyond the agreed scope.

2.3 The existence of bugs, refinements, iterations, or improvement cycles does not constitute non-delivery.

3. Delivery & Acceptance

3.1 A service is considered delivered when the agreed work is made available to you, including via:

  • a live website or app,

  • a staging or preview link,

  • deployed functionality,

  • documentation, reports, or completed tasks.

3.2 You are responsible for reviewing and testing deliverables within a reasonable timeframe.

3.3 If you do not raise material issues within 10 business days of delivery, the work will be deemed accepted.

3.4 Declining further testing, remediation, or validation does not invalidate delivery.

4. Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information, assets, and access

  • Participate reasonably in testing and feedback

  • Approve deliverables within agreed timeframes

  • Maintain backups of your data and systems

  • Make final decisions regarding business use and reliance on deliverables

Delays or issues caused by failure to meet these responsibilities are not grounds for refunds or liability.

5. Revisions vs Change Requests

5.1 Bug fixes address reproducible deviations from the agreed scope.

5.2 Change requests include new features, preference changes, workflow changes, scope expansion, or third-party reconfiguration.

5.3 Change requests are billable unless explicitly included in writing.

6. Data, Migrations & Syncing

6.1 Data migrations and syncs depend on:

  • source data integrity,

  • platform constraints,

  • third-party APIs and tools.

6.2 We are not responsible for:

  • malformed or legacy data,

  • historical inconsistencies,

  • outcomes caused by prior imports or external systems.

6.3 Where clean baselines or resets are required for validation, refusal to permit such remediation does not constitute non-delivery.

7. Third-Party Platforms & Vendors

7.1 Our services often rely on third-party platforms including Shopify, theme developers, app providers, payment gateways, and logistics partners.

7.2 We are not responsible for:

  • outages or delays,

  • platform limitations,

  • vendor support timelines,

  • changes to third-party services.

7.3 Assistance provided by third-party vendors does not imply fault or non-delivery on our part.

8. Fees, Payments & Service Blocks

8.1 Fees are payable in advance unless otherwise agreed in writing.

8.2 Pre-paid service blocks and retainers are non-refundable and expire as stated at purchase.

8.3 We reserve the right to suspend services for overdue payments.

9. Refunds & Reimbursements

All refunds are governed exclusively by our Refund Policy, which forms part of these Terms.

For the avoidance of doubt:

  • dissatisfaction with process, time investment, or approach,

  • a change in business strategy,

  • adoption of alternative solutions,

  • perceived operational risk,

do not entitle you to a refund or reimbursement.

10. Goodwill & Concessions

Any credits, discounts, free work, or concessions offered are:

  • discretionary,

  • non-precedent-setting,

  • not admissions of liability,

  • not convertible to cash.

11. Limitation of Liability

11.1 To the fullest extent permitted by law, we are not liable for indirect, consequential, or economic loss, including loss of profits, data, or business opportunity.

11.2 Our total liability, if any, is strictly limited to the fees paid for the specific service giving rise to the claim.

12. Termination

Either party may terminate services with 30 days prior written notice.

Upon termination:

  • all completed work remains payable,

  • no refunds are due for work commenced or delivered,

  • access to services may be revoked.

13. Dispute Resolution

13.1 Parties agree to attempt good-faith resolution before escalation.

13.2 If unresolved, disputes will be referred to mediation, and thereafter arbitration, in Cape Town, South Africa.

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

14. Entire Agreement

These Terms, together with our Refund Policy and any written scope documents, constitute the entire agreement between the parties.

If you have questions about these Terms, please contact support@deanswanepoel.com before engaging our services.