Terms & Conditions

1. Parties

These Terms & Conditions govern your use of the Free SMART Website offer provided by Creative Media Agency (Pty) Ltd, a sub-division of Digital Business Solutions Holdings (Pty) Ltd, acting as the SaaS Agency for The CMART™-App ("we", "us", "our"), registered and operating in Johannesburg, South Africa. By submitting your details on this page, you ("the Client") agree to these terms in full.

2. The Free SMART Website Offer

The Free SMART Website offer entitles the Client to the design and build of one (1) solar contractor website at no cost to the Client. The following conditions apply:

• The website is built using a fixed template layout. The structure, page sections, navigation, and design layout cannot be altered or customised beyond what is specified in the intake form.
• Customisable elements include: business name, logo, brand colours, service descriptions, service areas, contact details, images, and written copy.
• The website is built and hosted on the CMART™-App platform. To publish the website on a custom domain accessible to the public, the Client must activate a hosting subscription (R150/pm) as offered on the following page.
• Submission of the opt-in form constitutes a request for the free website build — it does not guarantee immediate delivery. Build turnaround is 48–72 hours from receipt of the completed intake form.
• We reserve the right to decline, delay, or cancel any free website build at our discretion, particularly where intake information is incomplete or the use case falls outside our service scope.

3. No Payment Required

No payment, credit card, or financial commitment is required to claim the Free SMART Website. The opt-in form collects contact information only for the purpose of setting up your website account and communicating your build details.

4. Intellectual Property

The website template design, structure, and underlying platform technology remain the intellectual property of Creative Media Agency (Pty) Ltd and Digital Business Solutions Holdings (Pty) Ltd. The Client retains ownership of all business-specific content they provide (logo, copy, images). The CMART™ trademark is the property of Digital Business Solutions Holdings (Pty) Ltd.

5. Client Responsibilities

• The Client is responsible for the accuracy of all information submitted via the intake form.
• The Client must ensure that all content provided (images, copy, logos) does not infringe on any third-party intellectual property rights.
• The Client agrees not to use the website for any unlawful, fraudulent, or deceptive purposes.

6. Limitation of Liability

To the maximum extent permitted by South African law, Creative Media Agency (Pty) Ltd shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the free website. Our total liability in any matter related to this offer shall not exceed R0 (zero rand), as no payment has been received.

7. Governing Law

These Terms are governed by the laws of the Republic of South Africa, including the Protection of Personal Information Act 4 of 2013 (POPIA) and the Consumer Protection Act 68 of 2008. Any disputes shall be subject to the jurisdiction of the courts of Johannesburg, Gauteng.

8. Amendments

We reserve the right to update these Terms at any time. Continued use of our services after any changes constitutes acceptance of the revised Terms.

9. Contact

For any queries regarding these Terms, contact us at [email protected] or via the contact form at cmart.app.