Privacy Policy
1. Introduction
Welcome to Spicy Marketing Group. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy policy or our practices with regard to your personal information, please contact us at [email protected].
2. Information We Collect
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and services, when you participate in activities on our website, or otherwise contact us.
The personal information we collect may include the following:
- Personal Identifiers: Name, email address, phone number, and other contact information.
- Business Information: Company name, industry, and other business-related information.
- Payment Information: Billing address, and payment method details (note: we do not store credit card information, which is processed by secure third-party payment processors).
3. How We Use Your Information
We use the information we collect or receive:
- To Provide and Maintain Our Services: Including to monitor the usage of our service.
- To Manage Your Account: To manage your registration as a user of the service.
- To Perform Contracts: For the development, compliance, and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with us through the service.
- To Contact You: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication.
- To Provide You with News and Offers: To provide you with news, special offers, and general information about other goods, services, and events which we offer.
- To Improve Our Services: We may use your information to understand and analyze how you use our services and to develop new products, services, features, and functionality.
4. Sharing Your Information
We do not share, sell, rent, or trade your information with third parties except in the following circumstances:
- Service Providers: We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf.
- Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Legal Requirements: We may disclose your personal information where we are legally required to do so to comply with applicable law, governmental requests, judicial proceedings, court orders, or legal processes.
5. Security of Your Information
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other types of misuse.
6. Your Data Protection Rights
Depending on your location, you may have the following rights regarding your personal information:
- Access: The right to access the personal information we hold about you.
- Correction: The right to have inaccurate or incomplete personal information corrected.
- Deletion: The right to request that we delete your personal information.
- Restriction: The right to request that we restrict the processing of your personal information.
- Data Portability: The right to request a copy of your personal information in a structured, commonly used, and machine-readable format.
- Objection: The right to object to our processing of your personal information.
If you would like to exercise any of these rights, please contact us at [email protected]. We will consider and act upon any request in accordance with applicable data protection laws.
7. Third-Party Links
Our website may contain links to third-party websites and services that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such third-party websites. We encourage you to read the privacy policy of any third-party website you visit.
8. Updates to This Privacy Policy
We may update this privacy policy from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons.
Terms and Conditions
Introduction
This document outlines the terms and conditions governing our working relationship. By engaging with Spicy Holdings LTD, you agree to these terms and conditions unless otherwise stated in a written agreement between both parties.
Service Agreement
1. Definitions
• Agreement: This entire document, including any related proposal documents, schedules, and attachments.
• Content: All materials, information, photography, writings, and other creative content provided.
• Copyrights: Property rights in original works of authorship, as defined by applicable copyright laws.
• Deliverables: The services and work products to be delivered by Spicy Holdings LTD as specified in the proposal.
• Services: All services and work products to be provided by Spicy Holdings LTD.
• Trademarks: Trade names, words, symbols, designs, logos, or other devices used in the final deliverables.
• Ongoing Management: Ongoing tasks to maintain and secure the website, including data management, backups, maintenance, upgrades, and software patches.
2. General Terms
The CLIENT authorizes Spicy Holdings LTD to perform the services outlined in this agreement, which may include registering domains, accessing hosting accounts, creating databases and applications, managing online advertising, and submitting projects to search engines.
3. Agreement Scope
The services provided, along with their costs and rates, are limited to what is specified in the service package agreement. Any additional services will require a separate agreement. The CLIENT is liable for the full payment of the complete package, even if not all services are utilized.
4. Costs and Fees
Changes and additions outside the scope of this document will be quoted and invoiced separately. Fees for professional services do not include outside purchases such as software licensing, photography, color printouts, illustrations, or courier services. Additional expenses are itemized on each invoice.
5. Production Schedules
Production schedules will be established and adhered to by both the CLIENT and Spicy Holdings LTD. Delays by the CLIENT may result in adjusted final delivery dates and additional costs.
6. Payment
Payment terms are specified in each proposal/estimate. If the CLIENT fails to pay any invoice, Spicy Holdings LTD reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. The CLIENT is responsible for any debt collection, legal, or court fees incurred. In case of project cancellation prior to completion, the CLIENT is liable for a 30-day notice period payment.
7. Confidentiality
Spicy Holdings LTD will not disclose or use any confidential information obtained during the fulfillment of this agreement, except as required by law or when the information becomes publicly available through no fault of Spicy Holdings LTD.
8. Promotion
Spicy Holdings LTD reserves the right to use the CLIENT’s website, associated graphics, and any unused ideas and development for promotional purposes or design competitions. The CLIENT agrees to allow Spicy Holdings LTD to retain a credit and link in the website footer.
9. Copyright
The CLIENT is responsible for ensuring all trademark, servicemark, copyright, and patent clearances. The CLIENT indemnifies Spicy Holdings LTD against any loss or damage arising from unauthorized use of materials not under the CLIENT’s copyright ownership.
10. Ownership / Project Copyright
Spicy Holdings LTD retains ownership of all working source files, databases, and the website design. The CLIENT does not have access to the Control Panel, Database, or FTP unless otherwise agreed.
11. Open Source Software
Spicy Holdings LTD uses open-source software and components without additional licensing fees. The CLIENT indemnifies Spicy Holdings LTD against any loss or damage arising from software failures. All non-Spicy Holdings LTD developed software retains its original license and terms.
12. Force Majeure
Spicy Holdings LTD is not liable for delays or failure to complete services due to events beyond their control, including but not limited to natural disasters, legal restrictions, or other unforeseen circumstances. Spicy Holdings LTD will notify the CLIENT of such events and propose revised schedules.
13. Limitation of Liability
Spicy Holdings LTD’s liability is limited to the net cost of the project as specified in the agreement. Spicy Holdings LTD is not liable for lost data, profits, business interruptions, or indirect damages arising from the provided services.
14. Termination / Cancellation
Either party may terminate the agreement with written notice. The CLIENT must provide a 30-day notice and is liable for final payment during this period. Spicy Holdings LTD may terminate the agreement with immediate effect by giving written notice.
15. Domain Names
The CLIENT owns all domain names. Spicy Holdings LTD will manage domain names on behalf of the CLIENT unless requested otherwise in writing. The CLIENT indemnifies Spicy Holdings LTD against any loss or damage from domain-related issues.
16. Hosting
Spicy Holdings LTD will offer the necessary hosting package for the project. The CLIENT is responsible for any over-usage charges. If the CLIENT uses their own hosting provider, they are responsible for hosting support and ensuring the correct environment for the project.
17. Testing and Acceptance of the Website
Upon project completion, Spicy Holdings LTD will notify the CLIENT and provide an opportunity to test and review the website. Necessary and reasonable modifications will be made if the website does not meet the agreed project components.
18. Client Responsibilities
If the CLIENT or their agent alters the site’s template, infrastructure, source files, or hosting management causing damage, repair time will be assessed at standard or overtime hourly rates, additional to the agreement costs.
19. Errors and Omissions
Spicy Holdings LTD will ensure accuracy in all respects. However, Spicy Holdings LTD is not liable for errors or omissions. The CLIENT indemnifies Spicy Holdings LTD against any loss or damage from such errors.
20. Fraud/Scam
If allegations of illegal activity arise, Spicy Holdings LTD reserves the right to terminate the website immediately. The CLIENT must provide proof that such allegations are false for reactivation.
21. Dispute Resolution
In case of disputes, both parties agree to attempt resolution through good faith negotiations. If unresolved, mediation or arbitration will be considered before litigation.
22. Privacy and Data Protection
Spicy Holdings LTD will comply with relevant data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Protection of Personal Information Act (POPIA) in South Africa. The CLIENT consents to the use of personal information in accordance with these laws and Spicy Holdings LTD’s privacy policy.
