Terms & Conditions

Effective Date: [Insert Date]
Website: https://skytouch.co.za
Company: Skytouch
Country of Operation: Namibia / South Africa / Africa-focused digital markets

1. Introduction

Welcome to Skytouch. These Terms & Conditions govern your access to and use of our website, services, campaign materials, digital advertising solutions, playable ads, rich media assets, landing pages, demos and related digital products.

By using this website, submitting an enquiry, requesting a quote, approving a proposal, or using any Skytouch service, you agree to be bound by these Terms & Conditions.

If you do not agree with these Terms, please do not use this website or our services.

2. About Skytouch

Skytouch provides digital advertising and campaign-related services, including but not limited to:

  • Mobile advertising campaigns
  • Rich media ads
  • HTML5 playable ads
  • Animated banners
  • Campaign landing pages
  • Social media giveaways and campaign concepts
  • Interactive digital promotions
  • Lead generation mechanics
  • Campaign tracking and reporting
  • Creative and technical campaign support

The exact scope of services will be set out in a quotation, proposal, statement of work, invoice or written agreement.

3. Use of the Website

You may use this website for lawful purposes only.

You agree not to:

  • Use the website in any way that may damage, disable or impair the website.
  • Attempt to gain unauthorised access to any part of the website, server or connected systems.
  • Copy, reproduce or exploit website content without written permission.
  • Submit false, misleading, harmful or unlawful information through our forms.
  • Use our website or demo assets to reverse engineer, clone or copy our concepts, code or designs.

We reserve the right to restrict access to the website or take appropriate action where misuse is suspected.

4. Enquiries, Quotes and Proposals

Any enquiry submitted through the website does not automatically create a client relationship.

Quotes and proposals issued by Skytouch are valid for the period stated on the quote or proposal. If no validity period is stated, the quote will be valid for 14 days from the date of issue.

A project will only commence once:

  • The quote or proposal has been approved in writing.
  • Any required deposit or upfront payment has been received.
  • The client has supplied the necessary information, brand assets, access, copy, campaign brief or approvals required to begin work.

5. Project Scope

The scope of work will be defined in the approved proposal, quotation, email confirmation or written project brief.

Any work not specifically included in the approved scope may be treated as additional work and quoted separately.

Examples of additional work may include:

  • Extra creative concepts
  • Additional design revisions
  • New campaign mechanics
  • Additional screen sizes or banner variations
  • Copywriting not included in the original scope
  • Translation
  • Advanced tracking setup
  • Integration with third-party systems
  • Changes after final approval
  • Rework caused by incomplete or incorrect client information

6. Client Responsibilities

The client is responsible for providing:

  • Accurate campaign information
  • Brand guidelines, logos, fonts and artwork where required
  • Product or service information
  • Legal disclaimers and promotion rules where applicable
  • Access to relevant platforms, websites or ad accounts if required
  • Timely feedback and approvals
  • Correct contact details and billing information

The client confirms that any material supplied to Skytouch, including logos, images, videos, fonts, trademarks and campaign copy, may lawfully be used for the intended project.

Skytouch will not be responsible for delays caused by late feedback, missing information, incorrect assets, unavailable third-party platforms or changes in client requirements.

7. Creative Concepts and Approvals

Skytouch may provide creative concepts, campaign ideas, demo layouts, copy, sample visuals, HTML5 prototypes or mockups for client review.

Unless otherwise agreed in writing:

  • Concepts remain the intellectual property of Skytouch until paid for in full.
  • Unapproved concepts may not be used, copied, shared, adapted or implemented by the client or third parties.
  • Client approval of a design, demo, campaign or advert confirms acceptance of the creative direction and content at that stage.

Once final approval has been given, further changes may be quoted separately.

8. Payment Terms

Payment terms will be set out in the relevant quotation, invoice or written agreement.

Unless otherwise agreed:

  • A deposit may be required before work begins.
  • The balance is payable before final delivery, campaign launch or handover of source files.
  • Monthly retainers, campaign management fees or hosting-related fees are payable in advance.
  • Late payments may result in suspension of work, withholding of deliverables or delay in campaign launch.

All quoted prices are exclusive of VAT unless otherwise stated.

Skytouch reserves the right to charge interest, collection costs or administrative fees on overdue accounts where permitted by law.

9. Cancellations and Refunds

If a client cancels a project after approval, the client may be liable for work already completed, time spent, third-party costs incurred and any non-refundable expenses.

Deposits may be non-refundable where work has already started or resources have been allocated.

Refunds are not available for:

  • Approved and delivered creative work
  • Strategy, consultation or planning work already completed
  • HTML5 playable ads or digital assets already developed
  • Campaigns already launched
  • Third-party costs paid on behalf of the client
  • Delays caused by the client’s failure to provide information or approvals

Any refund request will be assessed on a case-by-case basis.

10. Delivery Timelines

Project timelines are estimates unless specifically agreed in writing as fixed deadlines.

Timelines may be affected by:

  • Late client feedback
  • Changes to scope
  • Third-party platform delays
  • Delays in receiving brand assets or content
  • Technical issues outside Skytouch’s control
  • Payment delays

Skytouch will make reasonable efforts to meet agreed timelines, but we are not liable for delays caused by factors beyond our reasonable control.

11. Revisions

The number of included revisions will be stated in the proposal or quotation.

Unless otherwise agreed, revisions refer to reasonable changes to the existing approved direction and do not include a complete redesign, new concept, new mechanic or change in campaign strategy.

Additional revisions may be charged separately.

12. Third-Party Platforms and Services

Some Skytouch services may rely on third-party platforms such as:

  • Ad networks
  • Social media platforms
  • Analytics tools
  • Hosting providers
  • Email or SMS providers
  • WhatsApp service providers
  • Payment gateways
  • Competition or lead management tools
  • Client websites or landing page platforms

Skytouch is not responsible for downtime, policy changes, account suspensions, rejected ads, tracking limitations, pricing changes or technical issues caused by third-party platforms.

The client is responsible for complying with the terms, advertising policies and content rules of any third-party platform used in a campaign.

13. Campaign Performance

Skytouch may assist with campaign strategy, creative development, digital advertising assets, tracking and reporting.

However, we do not guarantee specific results, including:

  • Sales
  • Leads
  • Click-through rates
  • Conversion rates
  • Competition entries
  • Engagement rates
  • Return on ad spend
  • Search ranking
  • Social media growth

Campaign performance may depend on factors outside our control, including budget, audience targeting, offer quality, market conditions, media placement, platform algorithms and client follow-up.

14. Competitions, Promotions and Giveaways

Where Skytouch assists with competitions, prize campaigns, social giveaways or promotional mechanics, the client remains responsible for ensuring that the campaign complies with all applicable laws, platform rules and industry requirements.

The client is responsible for providing:

  • Competition rules
  • Eligibility criteria
  • Prize details
  • Closing dates
  • Winner selection process
  • Required legal disclaimers
  • Data consent wording
  • Any regulatory approvals where required

Skytouch may assist with campaign wording and mechanics, but this does not constitute legal advice.

15. Intellectual Property

Unless otherwise agreed in writing:

  • Skytouch retains ownership of its pre-existing intellectual property, frameworks, code libraries, templates, methods, know-how, reusable components and internal tools.
  • The client retains ownership of its own logos, trademarks, brand assets and supplied content.
  • Final approved deliverables become available for the client’s intended use once payment has been received in full.
  • Source files, editable files, raw code, development files and working files are not included unless specifically stated in the quotation or agreement.

Skytouch may reuse general techniques, code structures, campaign mechanics, design approaches and non-confidential know-how in future projects.

16. Portfolio Use

Unless the client requests otherwise in writing, Skytouch may display completed work, campaign visuals, screenshots, demo links, case studies or project summaries in its portfolio, presentations, social media pages or marketing material.

Confidential information, unpublished campaign data or sensitive client information will not be disclosed without permission.

17. Confidentiality

Both parties agree to keep confidential any non-public business, technical, financial, campaign or customer information received during the course of a project.

Confidentiality obligations do not apply to information that:

  • Is already publicly available.
  • Was known before disclosure.
  • Is independently developed without use of confidential information.
  • Must be disclosed by law or legal process.

18. Data Collection and Privacy

Skytouch may collect personal information through website forms, campaign forms, lead generation pages, analytics tools or client communications.

This may include names, email addresses, phone numbers, company names, campaign responses, device data, IP addresses and other submitted information.

Personal information will be handled in line with our Privacy Policy and applicable data protection requirements.

Where Skytouch processes campaign data on behalf of a client, the client is responsible for ensuring that the necessary consent, privacy notices and lawful basis for collection have been provided.

19. Website Content

The content on this website is provided for general information about Skytouch and our services.

While we aim to keep information accurate and up to date, we do not warrant that all website content is complete, current or error-free.

We may update, change or remove website content at any time without notice.

20. Demo Assets and Sample Campaigns

Any demos, sample playable ads, mockups, animations, concepts or campaign examples shown on this website are for demonstration purposes only.

They may not be copied, reproduced, reused, modified or commercially exploited without written permission from Skytouch.

Demo performance, functionality and appearance may vary depending on browser, device, connection speed and platform environment.

21. Limitation of Liability

To the maximum extent permitted by law, Skytouch will not be liable for any indirect, incidental, special or consequential loss, including loss of profit, loss of business, loss of data, loss of goodwill, campaign underperformance or reputational damage.

Skytouch’s total liability for any claim relating to a project or service will be limited to the amount paid by the client for the specific service giving rise to the claim.

Nothing in these Terms excludes liability where it cannot legally be excluded.

22. Indemnity

The client agrees to indemnify and hold Skytouch harmless from any claims, losses, damages, costs or expenses arising from:

  • Client-supplied content or assets
  • Breach of third-party intellectual property rights
  • Misleading or unlawful campaign claims
  • Competition or promotional campaign disputes
  • Failure to obtain required permissions or consents
  • Breach of applicable advertising, consumer or privacy laws
  • Misuse of delivered campaign assets

23. Warranties and Disclaimers

Skytouch provides services with reasonable skill and care.

However, we do not warrant that:

  • The website will always be available or error-free.
  • Digital assets will function identically on all devices, browsers or platforms.
  • Third-party platforms will accept or approve campaign assets.
  • Campaigns will achieve specific commercial results.
  • Any third-party service will remain available, affordable or unchanged.

24. Force Majeure

Skytouch will not be liable for failure or delay caused by events beyond reasonable control, including power outages, internet failures, hosting outages, cyber incidents, strikes, natural disasters, government restrictions, platform outages, supplier failures or other unforeseen events.

25. Termination

Skytouch may suspend or terminate services where:

  • Payment is overdue.
  • The client breaches these Terms.
  • The client provides unlawful, misleading or harmful material.
  • Continued work may expose Skytouch to legal, reputational or technical risk.
  • The client fails to provide required information or approvals for an unreasonable period.

Termination does not affect payment obligations for work already completed or costs already incurred.

26. Governing Law

These Terms & Conditions are governed by the laws of the Republic of Namibia, unless otherwise agreed in writing.

Any dispute arising from these Terms or Skytouch’s services will first be addressed through good-faith negotiation. If the matter cannot be resolved, it may be referred to the appropriate Namibian court or dispute resolution forum.

27. Changes to These Terms

Skytouch may update these Terms & Conditions from time to time.

The latest version will be published on this website with an updated effective date.

Continued use of the website or our services after changes are published means you accept the updated Terms.

28. Contact Information

For questions about these Terms & Conditions, please contact:

Skytouch
Website: https://skytouch.co.za
Email: info@skytouch.co.za

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