Terms & Conditions

About this agreement

These Terms & Conditions (the "Agreement") are between AT Investments CC (trading as AT Digital) ("we", "us", "AT Digital") and the person or business that subscribes through our website ("you", "the Client"). By ticking the acceptance box and signing you confirm that you have read, understood and agree to this Agreement, the Privacy Policy and the Cancellation & Refund Policy. If you subscribe on behalf of a company, you confirm that you are authorised to bind that company.

Your electronic signature and acceptance are legally binding and equivalent to a handwritten signature to the fullest extent permitted by applicable law. We keep a dated record of your acceptance, including the version of these terms you accepted.

Definitions

• "Service" means the monthly social media graphic design service described in the next section.
• "Artwork" means one finished design delivered in one format and size (for example one post, one story, one cover image or one carousel slide). Adapting an approved design to a different size or platform counts as a further Artwork.
• "Billing Period" means each recurring one-month period starting on the date of your first payment.
• "Monthly Fee" means the fee for your plan shown at sign-up, in US dollars.
• "Minimum Term" means 12 months, starting on the date of your first payment.
• "Working Day" means a Monday to Friday that is not a public holiday in Namibia.

The Service

Each Billing Period, while your subscription is active and paid, we provide:

• 15 professionally designed social media artworks every month
• A monthly content plan and posting calendar, so you always know what's next
• Captions and hashtags written for every artwork
• Ready-to-post files in the right sizes, delivered to your private client page
• 3 rounds of revisions on every artwork
• First drafts within 5 working days

Unused Artworks do not roll over: your allowance of 15 Artworks resets at the start of each Billing Period and unused Artworks expire. Additional Artworks may be ordered at US$5 each, subject to our capacity.

We will deliver a first draft within 5 Working Days of receiving a complete request. Turnaround depends on you providing the information, files and approvals we reasonably need. Dates given are estimates, not guarantees, and time is not of the essence.

Revisions and approvals

Each Artwork includes 3 rounds of revisions. A revision is a change to an existing design that follows the original request. A new concept, a different direction or a materially changed brief counts as a new Artwork.

Artwork is treated as approved when you confirm it, when you publish or use it, or when you do not respond within 7 days of delivery. You are responsible for checking names, prices, contact details and all other facts in every Artwork before publication.

Fees and payment

The Monthly Fee is US$35 per month for the The Freedom Plan. Fees are charged monthly in advance, in US dollars. The first Monthly Fee is payable in full before any work begins. Prices are shown exclusive of value-added tax unless stated otherwise; where VAT or any similar tax applies it will be added. You are responsible for any taxes, withholding, bank charges and currency-conversion charges imposed by your own bank or country.

Card payments: your subscription renews automatically every month until you cancel. By subscribing you authorise us and our payment service provider to charge the Monthly Fee to your chosen payment method on the same date each month. Payment details are processed and stored securely by our PCI DSS certified payment service provider; we do not store your card number. We will email you a reminder before each charge.

Bank transfer (EFT): we will send an invoice before each due date. You must pay by the due date using the reference on the invoice and may upload proof of payment on your client page. The Billing Period begins when payment is received in our account.

If a payment fails we will try again up to two more times and notify you each time. If it is still unpaid your subscription is paused (see Suspension below). Pausing does not stop the Minimum Term running and does not cancel amounts you owe.

We may change our prices or plan terms by giving you at least 30 days' written notice; a change applies from the next Billing Period after the notice period and never affects a period you have already paid for.

Fees are non-refundable except as set out in the Cancellation & Refund Policy or where the law requires otherwise.

Minimum term, cancellation and early termination

Your subscription has a Minimum Term of 12 months. After the Minimum Term it continues month to month until you cancel.

You may cancel at any time on your client page or by emailing us. Cancellation takes effect at the end of the Billing Period you have already paid for; you keep the Service until then and no further Monthly Fees are charged after that date.

If you cancel before the Minimum Term has ended, you agree to pay the remaining balance of the Minimum Term (the Monthly Fees for every month of the term that has not yet been paid). We may charge this amount to your payment method or invoice it. The parties agree this amount is a genuine pre-estimate of our loss from capacity reserved for you and is not a penalty.

Example: if you cancel after paying 4 months of a 12-month term, the remaining 8 months of Monthly Fees are payable.

We may waive the fee in our discretion. We may also terminate this Agreement immediately by written notice if you materially breach it, if a payment remains unpaid after reminders, or if your content or conduct is unlawful, abusive or harms our reputation.

Suspension

We may suspend the Service, including new Artwork requests, while any amount is overdue. We will restore the Service promptly after payment. We may also suspend the Service if we reasonably believe your account is being used unlawfully or in breach of a platform's rules.

Your responsibilities

You agree to:

• provide accurate details, including your business and postal address, and keep them up to date;
• give us the brand assets, information and approvals we need on time;
• ensure you own or have the right to use all content, logos, images, music, fonts and text you give us, and that using them does not infringe anyone's rights;
• comply with the terms and policies of each social media platform and with the advertising, consumer-protection and data-protection laws that apply to your business;
• keep your private client page link confidential, as anyone with the link can access your page.

You remain solely responsible for your social media accounts and for what is published on them.

Intellectual property

You keep all rights in the materials you provide ("Client Materials"). You give us a limited, non-exclusive licence to use Client Materials to provide the Service to you.

When we have received payment in full for a Billing Period, we grant you a perpetual, worldwide, royalty-free licence to use the final Artworks delivered in that period for your own business, in any media. This does not include third-party materials (such as stock images, fonts, icons and templates), which stay subject to their own licences, or our pre-existing tools, templates, methods and know-how, which we keep.

We have the right to use the Artworks we create for you for our own promotional purposes, including our portfolio, website, social media and marketing materials.

Confidentiality

Each party will keep the other's non-public business information confidential, use it only for the purposes of this Agreement, and not disclose it except to staff, contractors and advisers who need it and are bound by similar duties, or where the law requires. This does not apply to information that is public through no fault of the receiving party. These duties continue for three years after this Agreement ends.

No guarantee of results

Social media performance depends on many factors outside our control, including platform algorithms, your products and prices, your audience and your budget. We use professional skill and care but do not promise any particular number of followers, impressions, leads, sales or growth.

Warranties and liability

We will perform the Service with reasonable skill and care. Except as stated in this Agreement, the Service is provided "as is" and we give no other warranties, express or implied, to the extent the law allows.

To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profit, revenue, goodwill or data, or for loss caused by third-party platforms, outages, hacking or events beyond our reasonable control. Our total liability to you for all claims arising from the Service is limited to the Monthly Fees you paid in the three (3) months before the event that gave rise to the claim.

Nothing in this Agreement limits liability that cannot lawfully be limited, including liability for fraud or wilful misconduct.

You will indemnify us against claims, losses and reasonable costs arising from Client Materials, your content, or your breach of this Agreement.

Data protection and privacy

We handle personal information as described in our Privacy Policy.

Disputes and chargebacks

If you have a concern about a charge or the Service, please contact us first at info@atdigitalagency.com so we can fix it quickly; most issues are resolved within a few days. We may provide your signed agreement and usage records to your bank or payment provider to answer a dispute. Unjustified chargebacks are a breach of this Agreement and we may recover the amount, our fees and reasonable costs.

General

Force majeure: neither party is liable for delay caused by events beyond its reasonable control, such as natural disasters, power or internet failures, strikes, or government action.

Entire agreement: this Agreement is the whole agreement between us about the Service and replaces earlier proposals, quotes and offers. Changes: we may update these terms by giving you at least 30 days' notice; updates do not apply to periods you have already paid for. Assignment: you may not transfer this Agreement without our written consent; we may use subcontractors and may assign it to a successor business. Severability: if a provision is unenforceable, the rest remains in force. No waiver: failing to enforce a right is not a waiver of it. Notices: we may send notices to the email address you gave us; you may send notices to the email address shown on our website. Third parties: no one other than the parties may enforce this Agreement.

Governing law and courts: this Agreement is governed by the laws of the Republic of Namibia. The parties will first try to settle any dispute by good-faith discussions, and then by mediation, before starting court proceedings. The courts of Namibia have jurisdiction, without preventing either party from seeking urgent relief elsewhere.