Terms of Use

Agreement to terms

These Terms of Use govern your access to and use of the Fortway website and services. By visiting our website or engaging Fortway for any service, you agree to be bound by these terms.

If you do not agree with any part of these terms, please do not use our website or services.

These terms apply to all visitors, clients, and anyone else who accesses Fortway's website or services. For project-specific terms, a separate client agreement will be provided.

Our services

Fortway is a web design and development agency. We offer services including but not limited to:

Website design and development
Landing page creation
Website maintenance and updates
Web strategy and consulting

The scope, timeline, and deliverables for any paid engagement will be defined in a separate project agreement or proposal. These Terms of Use apply in addition to, not in replacement of, any such agreement.

Acceptable use

You agree to use the Fortway website and services only for lawful purposes. You must not:

Use the site in any way that violates applicable local, national, or international laws
Transmit any unsolicited or unauthorised advertising or promotional material
Attempt to gain unauthorised access to any part of our website or systems
Knowingly introduce viruses, malware, or any harmful material
Reproduce, duplicate, or resell any part of our website without permission
Misrepresent your identity or affiliation when contacting us

We reserve the right to restrict access to our website or services to anyone who violates these terms.

Intellectual property

All content on the Fortway website — including text, graphics, logos, design assets, and code — is the property of Fortway and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, or create derivative works from any part of our website without our express written permission.

Upon full payment of a project, ownership of the final deliverables transfers to the client as outlined in the project agreement. Pre-payment, all work remains the property of Fortway.

Your content

When you provide us with content, assets, or materials as part of a project (e.g. brand files, copy, images), you confirm that:

You own or have the rights to use that content
The content does not infringe any third-party intellectual property rights
You grant Fortway a limited licence to use the content solely for the purpose of delivering your project

Fortway is not liable for any intellectual property infringement arising from client-supplied materials.

Payment terms

Payment terms for all projects are outlined in the individual project proposal or agreement. General terms include:

A deposit is required before work begins (typically 50%)
Remaining balance is due upon project completion or as agreed in writing
Late payments may result in work being paused until payment is received
All fees are non-refundable once work has commenced, unless agreed otherwise

Fortway reserves the right to retain all work in progress until outstanding invoices are settled in full.

Limitation of liability

To the fullest extent permitted by law, Fortway shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services, including but not limited to:

Loss of revenue, profit, or business opportunities
Loss of data or information
Business interruption
Any errors or omissions in website content

Our total liability in connection with any project shall not exceed the total fees paid by the client for that specific project.

We make no warranties — express or implied — regarding the accuracy, completeness, or suitability of the information on our website.

Termination

Either party may terminate a project engagement with written notice, subject to the terms outlined in the project agreement. In the event of termination:

Any work completed up to the point of termination is billable
Deposits are non-refundable unless Fortway is at fault
All client materials will be returned upon request
Fortway retains the right to showcase completed or partial work in its portfolio unless agreed otherwise

We reserve the right to terminate access to our website or services at our discretion, without notice, for violations of these terms.

Changes to these terms

We may revise these Terms of Use at any time. When we do, we will update the "last updated" date at the top of this page. Continued use of our website or services after changes are posted constitutes your acceptance of the revised terms.

We encourage you to review this page periodically to stay informed of any updates.

Contact us

If you have any questions about these Terms of Use, please get in touch:

Fortway
Email: hello@fortway.co.za

These terms are governed by the laws of the jurisdiction in which Fortway operates. Any disputes will be resolved in the courts of that jurisdiction.