Terms of service
Terms and Conditions – Blooming Checkout
Last updated: insert date: 3 February 2026
1. Introduction
1.1 These Terms and Conditions (“Terms”) govern all provision of SEO and digital marketing services (“Services”) by Blooming Checkout (“we”, “us”, “our”), a company established in South Africa, to any client (“you”, “your”) located in South Africa, Australia, New Zealand, United Kingdom, United States, Ireland or Canada.
1.2 By purchasing a plan, accepting a proposal, paying an invoice, or otherwise instructing us to proceed, you agree to be bound by these Terms and our Refund Policy, Privacy Policy and any specific proposal or statement of work (collectively, the “Agreement”).
2. Services
2.1 The scope of our Services is described in your selected plan, proposal, statement of work or order confirmation.
2.2 Services may include, without limitation: SEO audits, on‑page optimization, technical SEO, content recommendations, analytics review, link‑building, consulting and related digital marketing activities.
2.3 We do not guarantee specific rankings, traffic, leads, sales, revenue, or other performance outcomes, as these depend on factors beyond our control (including your implementation of recommendations and third‑party platform algorithms).
3. Client responsibilities
You agree to:
• Provide accurate and complete information about your business, website, products/services and marketing goals.
• Grant us necessary access (for example, to your website CMS, Shopify, analytics, search console and ad platforms) to perform the Services.
• Implement or arrange implementation of our recommendations on your systems unless agreed in writing that we will implement them.
• Comply with all applicable laws in your jurisdiction, including privacy, data protection, advertising, consumer and competition laws.
We are not responsible for delays or suboptimal results caused by your failure to provide access, approvals or implementation.
4. Plans, term and renewals
4.1 Plans are typically offered on a monthly or fixed‑term basis and described on our website or in your proposal.
4.2 Unless otherwise stated, monthly plans renew automatically each month until cancelled in accordance with these Terms.
4.3 Fixed‑term projects will run from the agreed start date to the agreed end date, subject to your timely cooperation and provision of inputs.
11.2 Unless you request otherwise in writing, you grant us permission to refer to your business name, logo and high‑level, non‑confidential results as part of our portfolio and marketing materials, provided we do not disclose confidential information.
12. Termination
12.1 Either party may terminate a monthly plan by giving written notice before the next billing cycle. Termination will take effect at the end of the current paid period, and no refunds will be provided for that period.
12.2 Either party may terminate immediately if the other party commits a material breach of the Agreement and fails to remedy it within 14 days of written notice, or becomes insolvent.
12.3 On termination, all unpaid fees become immediately due and payable, and sections that by their nature should survive (including payment obligations, IP, confidentiality, limitations of liability and governing law) will continue to apply.
13. Governing law and jurisdiction
13.1 This Agreement is governed by the laws of the Republic of South Africa, without regard to conflict‑of‑laws principles, except that mandatory consumer protection laws in your country of residence may apply to the extent they cannot be excluded.
13.2 Any disputes will first be addressed through good‑faith negotiations between the parties. If unresolved, disputes may be submitted to the competent courts of South Africa, and you consent to that jurisdiction, without prejudice to any non‑waivable rights you may have to bring claims in your local courts under applicable consumer law.
14. Changes to these Terms
We may update these Terms from time to time by posting the revised version on our website with a new “Last updated” date. For existing clients on ongoing plans, we will notify you of any material changes and, where required by law, seek your consent. Continued use of the Services after changes take effect constitutes acceptance of the new Terms.
5. Fees, payment and taxes
5.1 All fees are payable upfront, in full, for the relevant billing period (e.g., monthly) or project. Work will not commence until payment is received and cleared.
5.2 Fees will be charged in the currency specified at checkout or in your invoice. Any bank fees, FX charges or payment provider fees are your responsibility.
5.3 You are responsible for any VAT, GST, sales tax or similar indirect taxes that may apply to the Services in your jurisdiction, except where we are required by law to collect and remit such taxes.
5.4 We may suspend or terminate Services if any amount remains unpaid after the due date.
6. No refunds
Our Refund Policy forms part of these Terms and explains our no‑refund position and your statutory rights in more detail. To the maximum extent permitted by law, all fees are non‑refundable once we have commenced work or allocated resources, except where a refund is required by applicable consumer law.
7. Intellectual property
7.1 Pre‑existing materials
Any tools, templates, processes, software, documentation, and know‑how we use or develop independently of your project remain our exclusive intellectual property. You receive a limited, non‑exclusive, non‑transferable license to use deliverables for your internal business purposes only.
7.2 Work product and content
Unless otherwise agreed in writing:
• You own your existing content, trademarks and branding.
• We grant you a license to use any reports, recommendations and strategy documents we create for you, for your internal business use.
• You may not resell, share publicly, or license our methodologies, templates, or training materials to third parties without our written consent.
8. Confidentiality and data protection
8.1 Each party must keep the other’s confidential information strictly confidential and use it only for purposes of performing or receiving the Services, except where disclosure is required by law or consented to in writing.
8.2 We will handle personal data in accordance with our Privacy Policy and applicable data protection laws (including, where relevant, POPIA in South Africa, GDPR in the EU/UK and similar laws in other jurisdictions).
8.3 You are responsible for ensuring that any personal data you share with us has been collected and is provided to us in compliance with applicable data protection laws.
9. Third‑party platforms and tools
9.1 Our Services may involve the use of third‑party platforms (for example, Google, Meta, Shopify, analytics tools, SEO tools and hosting providers).
9.2 We are not responsible for the availability, performance, terms, policies or actions of any third‑party platform, including changes in algorithms or enforcement decisions that may impact your results.
9.3 You must comply with all applicable third‑party terms and policies (for example, Google’s terms, Shopify terms, and advertising policies).
10. Limitation of liability
10.1 To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence) or otherwise, is limited to the total fees you have paid to us for the Services giving rise to the claim in the three (3) months immediately preceding the event giving rise to the claim.
10.2 We are not liable for:
• Loss of profit, revenue, customers, contracts, data or goodwill; or
• Any indirect, consequential, special or punitive loss or damage;
even if we have been advised of the possibility of such loss.
10.3 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law (for example, for death or personal injury caused by negligence, fraud, or certain statutory consumer rights)
11. Non‑disparagement and portfolio use
11.1 You agree not to publish false, misleading or defamatory statements about us or the Services. This does not prevent you from leaving fair and honest feedback based on your genuine experience.
11. Non‑disparagement and portfolio use
11.1 You agree not to publish false, misleading or defamatory statements about us or the Services. This does not prevent you from leaving fair and honest feedback based on your genuine experience.
11.2 Unless you request otherwise in writing, you grant us permission to refer to your business name, logo and high‑level, non‑confidential results as part of our portfolio and marketing materials, provided we do not disclose confidential information.
12. Termination
12.1 Either party may terminate a monthly plan by giving written notice before the next billing cycle. Termination will take effect at the end of the current paid period, and no refunds will be provided for that period.
12.2 Either party may terminate immediately if the other party commits a material breach of the Agreement and fails to remedy it within 14 days of written notice, or becomes insolvent.
12.3 On termination, all unpaid fees become immediately due and payable, and sections that by their nature should survive (including payment obligations, IP, confidentiality, limitations of liability and governing law) will continue to apply.
13. Governing law and jurisdiction
13.1 This Agreement is governed by the laws of the Republic of South Africa, without regard to conflict‑of‑laws principles, except that mandatory consumer protection laws in your country of residence may apply to the extent they cannot be excluded.
13.2 Any disputes will first be addressed through good‑faith negotiations between the parties. If unresolved, disputes may be submitted to the competent courts of South Africa, and you consent to that jurisdiction, without prejudice to any non‑waivable rights you may have to bring claims in your local courts under applicable consumer law.
14. Changes to these Terms
We may update these Terms from time to time by posting the revised version on our website with a new “Last updated” date. For existing clients on ongoing plans, we will notify you of any material changes and, where required by law, seek your consent. Continued use of the Services after changes take effect constitutes acceptance of the new Terms.
15. Contact details
If you have any questions about these Terms or our Refund Policy, please contact:
• Email: nick@bloomingchekcout.com
• Website: https://www.bloomingcheckout.com
