Terms & Conditions
Last updated: 01 June 2026
These Terms and Conditions ("Terms") govern your use of the Tracy Marshall Design website (located at tracymarshall.net), our services, our digital products, and any communications with us.
By using this website, submitting an enquiry, booking a discovery call, purchasing a digital product, or working with us as a client, you agree to these Terms. If you don't agree, please don't use the site or contact us.
Who we are
Tracy Marshall Design is a brand and web design studio based in South Africa. In these Terms, "we," "us," and "our" refers to Tracy Marshall Design. "You" and "your" refers to anyone visiting our website or working with us.
You can contact us at any time by emailing support@tracymarshall.net.
Using our website
You agree to use this website lawfully and not to:
Use the site for anything illegal or harmful
Collect information about other visitors
Pretend to be someone you're not
Send spam, junk mail, or unsolicited promotions
Try to break, hack, or disrupt the site
Use the site to harass, abuse, or threaten anyone
Try to access parts of the site you're not meant to access
We can restrict or block access to anyone who breaks these rules.
Our work and our clients
When you hire us for a brand, web, or content project, the project itself is governed by a separate contract. That contract covers the scope of work, deliverables, timeline, payment terms, intellectual property, revisions, and anything else specific to your project.
These Terms cover the general relationship. If anything in your project contract contradicts these Terms, the contract takes precedence.
Payment terms
Payment terms are standardised as follows unless your contract says otherwise:
50% deposit to start the project, 50% before final handover
Payment plans available on request
Late payments may delay your project timeline
Once a project phase has started, that phase is non-refundable. If you need to cancel mid-project, we'll talk it through and find a fair way to close out the work already done.
Revisions are limited to two rounds per project unless your contract specifies otherwise. Additional revisions can be added at extra cost.
Project files and final deliverables are released to you only once the final payment has been received in full.
Digital products
We sell digital products including templates, guides, brand audits, downloadable assets, and other digital materials available through our website.
All digital purchases are final and non-refundable. Once you've completed your purchase and received access to the product, the sale is complete. We don't offer refunds for change of mind, accidental purchases, or any reason not related to the product being faulty.
Exception for faulty products. If a digital product is genuinely faulty (the file won't download, the file is corrupted, or the product doesn't match what was described on the product page), email us within 14 days of purchase and we'll either fix the issue or refund the purchase. This is your right under South African consumer law, and we're committed to honouring it.
Access and use. When you buy a digital product, you get a personal licence to use it for yourself or your own business. You may not:
Resell, redistribute, or share the product with anyone else
Use it as part of a service you sell to others without permission
Claim authorship or remove our branding from the product
If you break these terms, we may revoke your access to the product without a refund.
Delivery. Digital products are delivered automatically by email or through your account on our website. If you haven't received your product within 24 hours of purchase, contact us at support@tracymarshall.net and we'll sort it out.
Intellectual property
Our work, before final payment. All strategy work, designs, files, and concepts we create remain our property until final payment has been received in full. You may not use, share, or publish any of the work before then.
Our work, after final payment. Once you've paid in full, you own the final deliverables we create for your business (your logo, brand assets, website, content, etc). You're free to use them as you see fit.
What you don't own. You don't own:
Our underlying creative process, methods, templates, or systems
Concepts and drafts we developed but didn't end up using as final deliverables
Stock fonts, photography, or third-party assets used in the work (these stay licensed to you under their own terms)
Our right to showcase the work. Unless you ask us not to, we may use our work for you in our portfolio, on social media, in case studies, and in other promotional contexts. If you want to keep your project private or wait until launch to be featured, tell us and we'll respect that.
Your content. Any content you share with us (text, images, files, brand information) remains yours. You give us the right to use it for the purpose of completing your project.
Website content
Everything on this website (text, images, design, code, photography) is owned by us or used with permission. You may not copy, share, republish, or use anything from this website for commercial purposes without written permission.
You can share links to our website on social media or in articles, but you may not frame our content inside another site or use links in a way that misrepresents your relationship with us.
Our responsibility and limits
We work hard to make sure everything on our website is accurate and up to date. But:
We provide the website "as is." We make no guarantee that it will always be available, error-free, or perfect.
The information on our website is for general information only. It's not legal, financial, or professional advice for your specific business.
We're not responsible for content on websites we link to. Those are run by other people.
To the maximum extent allowed by law, we're not liable for:
Any indirect, consequential, or special damages arising from your use of this website
Any damages caused by content on linked third-party websites
Any losses caused by technical issues, downtime, or interruptions to the website
For paid client work, our liability is limited to the amount you've paid us for that specific project.
Indemnification
You agree to protect and defend us against any claims, damages, or losses that result from:
Your breach of these Terms
Your use of the website in a way that breaks the law
Any content you share with us that violates someone else's rights
Changes to these Terms
We may update these Terms from time to time. When we do, we'll change the "last updated" date at the top of this page.
By continuing to use the website after we've made changes, you're agreeing to the updated Terms. We recommend checking this page periodically.
Governing law and disputes
These Terms are governed by the laws of South Africa.
If you have a dispute with us, we ask that you first contact us directly so we can try to resolve it together. Most issues can be sorted out with a conversation.
If we can't resolve a dispute informally, it will be handled through the courts of South Africa.
General terms
The full agreement. These Terms, together with our Privacy Policy and any project contract, make up the full agreement between us.
If part is unenforceable. If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms still apply.
No waiver. If we don't enforce a part of these Terms in one instance, it doesn't mean we've given up the right to enforce it later.
Successors. These Terms apply to anyone who succeeds us in the business, including any future entity that takes over Tracy Marshall Design.
Contact us
For any questions about these Terms, email support@tracymarshall.net.