Terms and Conditions

2.1 Setup fees are invoiced on acceptance of the quotation and are payable in full before work commences, unless otherwise agreed in writing.

2.2 Monthly fees commence in the calendar month following go-live and are payable monthly in advance.

2.3 Monthly fees are collected by debit order on the 1st of each month, or by such other method as agreed in writing.

2.4 Where a debit order is returned unpaid, we may recover the bank charges incurred and re-present the debit order.

2.5 Accounts more than 14 days in arrears may result in suspension of services on written notice. Services are restored on payment of the outstanding amount.

2.6 All fees are quoted exclusive of VAT. SmartGrowth Local is not currently registered for VAT.

2.7 Third-party costs — including WhatsApp Business API conversation fees charged by Meta, advertising spend, and domain or hosting fees — are not included in our fees and are billed at cost or paid by you directly to the provider.

2.8 Monthly fees may be adjusted annually on 30 days' written notice, except where a rate has been fixed for a stated period.

4.1 The systems we build include AI conversational agents that generate responses automatically. These agents are configured using information you supply.

4.2 AI systems can produce incorrect, incomplete or unexpected responses. We configure, test and monitor them to reduce this, but we cannot guarantee that every response will be accurate or appropriate.

4.3 You remain responsible for communications sent from your business's accounts, including automated ones. You should review the agent's configuration before go-live and monitor its conversations during operation.

4.4 We are not liable for loss arising from an AI-generated response, including quotations, availability or pricing communicated in error, except where caused by our gross negligence.

4.5 The agent is configured to escalate to a human when a query falls outside its knowledge, and to disclose that it is an automated assistant if directly asked.

5.1 You own your platform account, your customer data and your content. On termination, the account and everything in it remains yours.

5.2 We retain ownership of our own methods, templates, prompt structures, workflow patterns and reusable components. You receive a perpetual, non-exclusive licence to use those elements as configured within your account.

5.3 You own the content you supply, and grant us the licence needed to use it in delivering the services.

5.4 We may refer to you as a client and describe the work in general terms. We will not publish specific results, figures or testimonials without your written consent.

6.1 Setup engagements run until the agreed deliverables are complete and signed off.

6.2 Monthly services continue month to month.

6.3 Either party may give written notice to cancel at any time; the service ends one calendar month after notice is given.

6.4 We may suspend or terminate immediately on written notice where you are in material breach, where an account is more than 30 days in arrears, or where the systems are being used unlawfully or in breach of a platform's policies.

6.5 On termination we will transfer administrative control of your platform account to you and provide a reasonable export of your data. From that point you are responsible for your own subscription and running costs.

9.1 We will perform the services with reasonable skill and care.

9.2 We do not guarantee any particular business outcome — including a specific number of enquiries, bookings, leads, revenue or search ranking. Results depend on factors outside our control, including your market, pricing, capacity and how you handle the enquiries the system delivers.

9.3 We are not liable for interruption, change of terms, price increase or discontinuation by third-party platforms including the CRM platform, Meta, WhatsApp, Google or any payment provider.

9.4 To the maximum extent permitted by law, our total liability arising from the services is limited to the fees paid by you in the six months preceding the claim.

9.5 We are not liable for indirect or consequential loss, including loss of profit, revenue, business or data.

9.6 Nothing in these terms limits liability that cannot lawfully be limited, including under the Consumer Protection Act where it applies.

10.1 These terms, together with your quotation and service agreement, are the whole agreement between us.

10.2 Amendments must be in writing.

10.3 Neither party is liable for failure caused by events beyond its reasonable control.

10.4 These terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the courts of the Western Cape Division.

10.5 Queries: email hello@smartgrowthlocal.com.