Terms & Conditions

Last updated: 13 September 2026

These Terms & Conditions ("Terms") govern your use of bigmindssofttech.com (the "Site") and, at a general level, your engagement of services from BigmindSofttech ("we", "us"), based at Airwing, Lilongwe, Malawi. Specific service engagements (website builds, marketing retainers, ad management, automation projects) are also governed by the written quote, proposal, or invoice we agree with you for that project; if anything in that document conflicts with these Terms, the signed project document takes priority for that engagement.

By using the Site or engaging our services, you agree to these Terms. If you don't agree, please don't use the Site or engage our services.

1. Our services

BigmindSofttech provides website development, digital marketing, social media management, social media advertising, and AI-powered automation services. The exact scope, deliverables, timeline and price for any engagement are set out in a separate quote, proposal or invoice, not in these Terms.

2. No guaranteed results

Marketing, advertising, SEO and automation outcomes depend on many factors outside our control, including platform algorithms, market conditions, competitor activity, and your own business decisions. We do not guarantee specific results (such as a particular level of traffic, leads, sales, conversion rate, follower growth, or return on ad spend). Any figures we discuss during a proposal are estimates based on experience, not promises.

3. Client responsibilities

To deliver services effectively, we rely on you to:

• Provide accurate information about your business, brand and goals;
• Give timely feedback and approvals;
• Provide necessary access to accounts, platforms, or assets we need to do the work (e.g. ad accounts, hosting, social profiles);
• Ensure any content, logos, or materials you give us for use in your project don't infringe someone else's rights.

Delays caused by missing information, access, or approvals on your end may extend project timelines.

4. Payment and refunds

Payment terms (including any deposit) are set out in your quote or invoice. Please see our Refund Policy for how deposits, completed work, and ongoing retainers are handled if a project is cancelled or paused.

5. Third-party platforms

Where our services involve third-party platforms (such as Meta, Google, TikTok, LinkedIn, WhatsApp, hosting providers, or website tools), your use of those platforms is also subject to their own terms and policies. We aren't responsible for outages, policy changes, account suspensions, or price changes made by those platforms, though we'll do our reasonable best to help you navigate them.

6. Intellectual property

The Site's design, text, logo and BigmindSofttech branding are owned by BigmindSofttech or used under license, and may not be copied or reused without our permission. For client project work, ownership of final deliverables (e.g. a completed website, ad creative) transfers to you once paid in full, unless your project agreement says otherwise; we retain the right to showcase completed work in our own portfolio and marketing unless you ask us not to.

7. Acceptable use of the Site

You agree not to use the Site to: attempt unauthorized access to our systems; interfere with the Site's normal operation; scrape or harvest data at scale; or submit the contact form for spam, phishing, or unlawful purposes. We may block access from users who misuse the Site.

8. Limitation of liability

To the fullest extent permitted by Malawian law, BigmindSofttech's total liability arising out of or related to a service engagement is limited to the amount you actually paid us for that engagement in the 3 months before the claim arose. We are not liable for indirect, incidental, or consequential losses (such as lost profits or lost business opportunities), except where such liability cannot be excluded by law.

9. Confidentiality

We treat non-public information you share with us about your business as confidential, and use it only to deliver the agreed services. We expect the same courtesy regarding any non-public information we share with you about our own methods or pricing.

10. Termination

Either party may end an ongoing engagement by giving written notice, as specified in the relevant project agreement. Work already completed, and any non-refundable amounts under our Refund Policy, remain payable.

11. Changes to these Terms

We may update these Terms from time to time; the "Last updated" date above reflects the latest version. Continuing to use the Site after changes are posted means you accept the updated Terms.

12. Governing law

These Terms are governed by the laws of the Republic of Malawi. Any dispute arising from these Terms or your use of the Site will first be discussed in good faith between the parties, and if unresolved, is subject to the exclusive jurisdiction of the courts of Malawi.

13. Contact us

Questions about these Terms can be sent to contact@bigmindssofttech.com.