Last Updated: 01/01/2025
Effective Date: 01/01/2025

Company Details

• Name: Rosemarydigitals Ltd

• Website: rosemarydigitals.com

• Registered Address: Ebene, Nexteracom tower 3 and New Grove

• Contact: +230 5883 3837 | [email protected]

1. Definitions

• “Agreement”: These Terms of Use and any linked policies (e.g., Privacy Policy).

• “Client”, “User”, “You”: Any individual or entity using the Website or Services.

• “Services”: Website development, digital marketing (Facebook/Google Ads), graphic design, photography, and related digital services.

• “Deliverables”: Final products provided to Clients (e.g., websites, designs, ad campaigns).

2. Acceptance of Terms

By accessing rosemarydigitals.com, engaging with our team, or purchasing Services, you:

• Agree to be legally bound by these Terms, our Privacy Policy, and all applicable laws.

• Warrant that you are at least 18 years old or acting on behalf of a legally recognized entity.

• Acknowledge that violating these Terms may result in termination of Services or legal action.

3. Account Registration (If Applicable)

If Services require account creation:

• You must provide accurate, current, and complete information.

• You are responsible for maintaining account security (e.g., passwords, 2FA).

• We reserve the right to suspend accounts for suspicious activity or breaches of these Terms.

4. Service Delivery & Timelines

• Project Scope: Services will be outlined in a separate proposal, contract, or statement of work (“SOW”).

• Revisions: [Specify number of revisions included, e.g., “3 rounds of edits”]. Additional revisions may incur fees.

• Delays: Delays caused by Client (e.g., late feedback, missing materials) extend project timelines.

• Acceptance: Clients must review Deliverables within 10 business days. Failure to respond constitutes acceptance.

5. Payment Terms

• Fees: Prices are specified in invoices or SOWs. All fees are in [Mauritian Rupees/USD] unless stated otherwise.

• Invoicing: Invoices are due within 7 days of issuance. Late payments incur interest at 5%  or the maximum allowed by Mauritius law.

• Refunds: No refunds once work commences, except as required by law or mutual agreement.

• Taxes: Client is responsible for VAT, GST, or other applicable taxes unless stated otherwise.

6. Intellectual Property (IP)

• Client Ownership: Full ownership of Deliverables transfers to Client upon final payment.

• Licenses:

  • We retain a non-exclusive license to showcase Deliverables in our portfolio unless otherwise agreed.

  • Preliminary work (e.g., drafts, concepts) remains our property unless purchased separately.

• Client Materials: You warrant that any content provided (e.g., logos, images) is owned by you or licensed for commercial use.

• Third-Party Assets: If Deliverables include third-party assets (e.g., stock photos, fonts), licenses must be purchased separately by the Client.

• Moral Rights: For creative works (e.g., graphic design, photography), we reserve the right to be credited as the creator.

7. Confidentiality

• Both parties agree to keep confidential information (e.g., business strategies, trade secrets) private unless:

  • Disclosure is required by law.

  • Information becomes publicly available through no fault of either party.

8. Third-Party Platforms

• Facebook/Google Ads:

  • We are not responsible for changes to third-party platforms (e.g., algorithm updates, policy violations).

  • Client must comply with Facebook’s Terms and Google’s Terms.

• Hosting & Domains: Clients are responsible for renewing domain names/hosting services post-project completion.

9. Termination

• By Us: We may terminate Services for:

  • Non-payment exceeding 30 days.

  • Breach of these Terms (e.g., illegal activities, harassment).

  • Force Majeure events (e.g., natural disasters, pandemics).

• By Client: Clients may terminate Services with written notice. Fees for work completed are non-refundable.

• Post-Termination: Client must pay outstanding fees, and we may delete unused data after 80 days.

10. Disclaimers

• No Guarantees: We do not guarantee:

  • Specific results from digital marketing campaigns (e.g., sales, clicks).

  • 100% website uptime (most of the time its normal to have 1% downtime throughout the year) or 100% error-free performance (any issues will be dealt with in good faith ) .

  • Compliance with third-party platform changes (e.g., Facebook ad policy updates).

• As-Is Basis: Services are provided “as-is” without warranties of merchantability or fitness for a particular purpose.

11. Limitation of Liability

• We are not liable for:

  • Indirect, incidental, or consequential damages (e.g., lost profits, data loss).

  • Client’s misuse of Deliverables (e.g., copyright infringement).

  • Acts or omissions of third parties (e.g., Facebook account suspensions).

• Total liability is capped at the fees paid by the Client in the preceding 12 months.

12. Indemnification

You agree to indemnify and hold Rosemarydigitals Ltd harmless from claims arising from:

• Your breach of these Terms.

• Your infringement of third-party rights (e.g., using unlicensed images).

• Misuse of Deliverables or Services.

13. Dispute Resolution

• Negotiation: Parties agree to resolve disputes amicably via email/phone within [30 days].

• Mediation/Arbitration: If unresolved, disputes will be mediated in Mauritius under the Mauritius Arbitration Act.

• Litigation: Claims may be filed in courts of Mauritius.

14. Governing Law

These Terms are governed by Mauritius law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

15. Amendments

We may update these Terms at any time. Continued use of Services constitutes acceptance. Material changes will be notified via email or website banners.

16. General Clauses

• Severability: If any clause is deemed unenforceable, the rest remain valid.

• Assignment: You may not transfer rights under this Agreement without our written consent.

• Waiver: Failure to enforce a clause does not waive future enforcement.

• Entire Agreement: Supersedes all prior agreements or understandings.

17. Contact Us

For questions or disputes:

• Email: [email protected]

• Phone: +230 5883 3837

• Address Nexteracom tower 3 & New grove