Cancellation Policy

Cancellation & Return Policy – Website Development Services (south Africa)

CANCELLATION & RETURN POLICY

This Cancellation & Return Policy (“Policy”) applies to all website development, online store creation, hosting-related, and digital services provided by the Service Provider. This Policy forms an integral part of, and must be read together with, the Website Development & Online Store Services Agreement, its Annexures, the Terms & Conditions, the Delivery Policy, and the FAQ document.

This Policy is drafted in accordance with South African commercial standards, the Consumer Protection Act 68 of 2008 (CPA) where applicable, and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

1. NATURE OF DIGITAL SERVICES

1.1 The Client acknowledges that website development, online store creation, UI/UX configuration, AI-generated design implementation, and related services constitute custom digital services.

1.2 Digital services are inherently non-returnable, non-resalable, and irreversible once commenced.

1.3 The Client expressly agrees that this Policy reflects a fair and reasonable allocation of risk given the nature of the services provided.

2. ACCEPTANCE OF THIS POLICY

2.1 By making any payment to the Service Provider, including but not limited to deposits, full project fees, subscriptions, or change request fees, the Client:

Confirms that they have read and understood this Policy;

Accepts and agrees to be legally bound by its terms; and

Waives any requirement for physical or electronic signatures.

2.2 Payment constitutes electronic acceptance in terms of ECTA and has the same legal force as a signed agreement.

3. FULL UPFRONT PAYMENT REQUIREMENT

3.1 All website development and online store services require 100% payment upfront prior to commencement.

3.2 No work will begin, resources allocated, or services rendered until payment has cleared.

3.3 The Client acknowledges that upfront payment secures:

Design allocation;

Technical setup;

AI generation processes;

Platform configuration;

Labour and administrative costs.

4. CLIENT RIGHT TO CANCEL

4.1 The Client may request cancellation of services by providing written notice via email.

4.2 Cancellation requests must clearly identify the project and intent to cancel.

4.3 Verbal cancellations shall have no legal effect.

5. CANCELLATION BEFORE COMMENCEMENT

5.1 If cancellation is requested before any work has commenced, the Service Provider may, at its sole discretion:

Refund up to 20% of the amount paid; or

Deduct reasonable administrative, platform, and processing costs.

5.2 The Client acknowledges that preparatory work may begin immediately upon payment.

6. CANCELLATION AFTER COMMENCEMENT

6.1 If cancellation occurs after commencement of any work, the Client agrees that:

A minimum of 80% of the total project fee is non-refundable;

No more than 20% may be refundable, subject to assessment.

6.2 Commencement includes, but is not limited to:

AI design generation;

Platform setup;

Hosting or builder configuration;

Design customisation;

Technical configuration.

6.3 The forfeited amount represents a reasonable cancellation fee and not a penalty.

7. NO REFUNDS AFTER DELIVERY OR COMPLETION

7.1 Once the Website or any substantial portion thereof has been delivered, completed, or made accessible to the Client, no refunds shall be issued.

7.2 Digital services are deemed delivered when:

A preview, staging site, or live site is provided; or

Access is granted for review.

8. DESIGN SUBJECTIVITY DISCLAIMER

8.1 The Client acknowledges that dissatisfaction based on personal taste, preference, or subjective opinion does not constitute valid grounds for a refund.

8.2 AI-generated and standardised designs are provided on an “as-is” basis, subject only to the limited customisations expressly agreed.

9. DESIGN APPROVAL & DEEMED ACCEPTANCE

9.1 The Client shall have five (5) business days from delivery to request revisions.

9.2 Failure to respond within this period constitutes deemed acceptance.

9.3 Accepted designs are non-refundable.

10. CLIENT NON-RESPONSIVENESS & ABANDONMENT

10.1 If the Client fails to respond to communications for seven (7) consecutive days, the project may be paused.

10.2 If non-responsiveness continues for fourteen (14) consecutive days, the project may be deemed abandoned.

10.3 In cases of abandonment:

All fees paid are forfeited;

The Service Provider has no obligation to resume or complete the project.

11. CHANGE REQUESTS & REFUNDS

11.1 Change Requests are not refunds and are billed separately.

11.2 Fees paid for Change Requests are non-refundable once work begins.

12. THIRD-PARTY & EXTERNAL FEES

12.1 Website builder subscriptions, hosting fees, plugin licenses, and third-party services are external costs.

12.2 Such fees are:

Payable by the Client;

Non-refundable by the Service Provider;

Governed by third-party terms.

13. MAINTENANCE & RECURRING FEES

13.1 Maintenance services are optional and billed monthly or annually.

13.2 Cancellation of maintenance must be requested in writing.

13.3 No refunds are provided for partially used maintenance periods.

14. CPA LIMITATIONS

14.1 To the extent permitted by the CPA, the Client agrees that:

Custom digital services are excluded from standard return rights once commenced;

Cancellation fees are fair and reasonable.

14.2 Business-to-business transactions may fall outside CPA protections.

15. FORCE MAJEURE

15.1 No refunds are due for cancellations caused by events beyond the Service Provider’s reasonable control.

16. DISPUTES

16.1 Refund disputes shall be handled in accordance with the dispute resolution provisions of the Agreement.

17. POLICY UPDATES

17.1 This Policy may be updated from time to time.

17.2 Updated versions apply prospectively.

18. GOVERNING LAW

This Policy is governed by the laws of the Republic of South Africa.

19. SEVERABILITY

If any provision is found unenforceable, the remaining provisions shall remain in force.

20. FINAL ACKNOWLEDGEMENT

By making payment, the Client confirms acceptance of this Cancellation & Return Policy in full, without reservation.