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TERMS AND CONDITIONS OF SERVICE

Last Updated: June 2026

Welcome to CreativeHub Web Solutions. These Terms and Conditions ("Terms", "Agreement") govern your use of the website, custom landing page creation, booking system, website design services, and AI conversational widget integration tools provided by SM Online Merch Pty Ltd (Registration Number: 2024/098998/07), operating in partnership with CreativeHub Web Solutions (collectively referred to as "the Company", "we", "us", or "our").

By selecting a plan, paying the onboarding setup fee, or using any of our digital services, you ("Client", "User") agree to be bound completely by these Terms. If you do not agree to these terms, you must not proceed with payment or utilize our software infrastructure.

1. Scope of Services & Infrastructure Hosting

CreativeHub Web Solutions provides online business optimization tools, including custom website/landing page, booking system integration, generation and localized AI conversational widgets powered by advanced Large Language Models.

All application code, system logic, API endpoints, and database queries are fully hosted and managed inside the Company’s centralized Google Cloud architecture.

The Client is provided with a unique, secure tracking snippet containing a specific Client ID to display the conversational interface on their authorized domain.

2. Fees, Onboarding, and Billing Routines

By enrolling in our program, the Client agrees to the following financial structure:

The R250 Once-off Setup Fee: This fee covers immediate digital account initialization, manual profile configuration, layout allocation, and digital onboarding asset deployment. This setup fee is strictly non-refundable once asset configuration begins.

Subscription Tiers: Ongoing monthly resource allocation is divided into distinct, structured pricing tiers:

Beginner Plan (R35.00/month): Allocates up to 200 message responses per billing cycle.

Starter Plan (R50.00/month): Allocates up to 300 message responses per billing cycle.

Pro Plan (R100.00/month): Allocates up to 400 message responses per billing cycle.

Advanced Plan (R150.00/month): Allocates up to 500 message responses per billing cycle.

Payment Processing: All payment sequences are securely facilitated via the secure automated Payfast payment gateway. Monthly subscriptions operate on an automatic recurring cycle until formally modified or terminated by the Client.

3. Fair Use Policy, Caps, and Automatic Resource Throttling

To protect cloud stability and prevent backend cost overruns, strict operational rules govern the application limits:

Automatic Pausing: When an active conversational widget reaches 100% of its designated tier response count (e.g., 200 messages on the Beginner Plan) within a single billing cycle, the widget query functions will automatically pause.

Grace Notice: A placeholder notification will gracefully display on the widget to inform website visitors that operations are temporarily paused.

Service Resets: Message balances reset to zero at the start of the next recurring monthly billing date. The Client may instantly resume operations mid-cycle by purchasing a manual tier upgrade.

4. Subscription Cancellations, Failures, and Service Disconnection

Client Cancellations: The Client may cancel their recurring payment structure at any time directly through their Payfast profile dashboard.

Non-Payment and Arrears: If a recurring automated payment cycle fails, or if an account falls into arrears, the background system listener will instantly log the payment failure.

Immediate Deactivation: The Company reserves the right to immediately deactivate, restrict, or completely hide the hosted active AI widget interface associated with the non-paying account. The Ai service will remain suspended until payment verification clears.

5. Intellectual Property (IP) Rights and Source Code Ownership

Client Content Asset Ownership: The Client retains complete ownership and copyright of all branding assets, company logos, text copy, operational manuals, and proprietary database business summaries submitted via the Google Intake Forms.

Company System Infrastructure Ownership: The underlying software systems, core application programming interfaces (APIs), design template layout logic, CSS/JS widget source code assemblies, and server deployment routines remain the exclusive intellectual property of SM Online Merch Pty Ltd and CreativeHub Web Solutions.

Restrictions: The Client is granted a non-transferable, revocable license to embed the provided widget script onto their website. Copying, reverse-engineering, modifying, distributing, or reselling our underlying platform source code is strictly prohibited.

6. Client Conduct, Content Accountability, and Data Integrity

Data Accuracy: The Client is entirely responsible for the validity, truthfulness, and accuracy of the business specifications, prices, FAQs, and onboarding data provided via the intake Google Forms.

AI Model Nature: The Client acknowledges that conversational widgets rely on generative artificial intelligence frameworks. While the Company implements comprehensive backend instructions to anchor responses to the Client's business data, the Client agrees to verify business critical information and assumes operational accountability for user interactions on their site.

Prohibited Content: The Client agrees not to use the service to disseminate illegal, fraudulent, defamatory, harassing, or malicious materials. Violation of this clause results in immediate, non-refundable termination of service.

7. Limitation of Liability and Service Guarantees

As-Is Availability: Services and widget connectivity are provided on an "as-is" and "as-available" operational basis.

Liability Cap: To the maximum extent permitted under South African law, SM Online Merch Pty Ltd and CreativeHub Web Solutions shall not be liable for any indirect, incidental, special, or consequential damages—including loss of business profits, data corruption, network disruptions, or downtime—resulting from the use or inability to use our tools.

Indemnity: The Client agrees to indemnify and hold harmless the Company against any third-party claims arising from interactions on the Client’s digital platforms.

8. Dispute Resolution and Jurisdiction

This Agreement is governed, interpreted, and enforced in accordance with the laws of the Republic of South Africa. Any legal actions, proceedings, or unresolved structural disputes arising directly out of these Terms shall be subject to the exclusive jurisdiction of the regional courts located within South Africa.

9. Modifications to Terms

The Company reserves the right to update or modify these Terms and Conditions at any time to reflect cloud pricing adaptations, legal alignment shifts, or infrastructure developments. Clients will be notified of major policy updates via their primary registered email address.

© 2024 SM Online Merch PTY (LTD) 
CreativeHub Web Solutions

All Rights Reserved.
Registration Number: 2024/098998/07 

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