Terms and Conditions

Terms & Conditions – Website Development & Online Store Services (south Africa)

TERMS & CONDITIONS

These Terms & Conditions (“Terms”) constitute the core master document governing all website development, online store creation, hosting-related, design, and digital services provided by the Service Provider. These Terms apply to all Clients and must be read together with the Website Development & Online Store Services Agreement, its Annexures, the FAQ, the Cancellation & Return Policy, and the Delivery Policy.

By making any payment, issuing instructions, or allowing work to commence, the Client agrees to be legally bound by these Terms.

1. DEFINITIONS & INTERPRETATION

1.1 "Service Provider" means the entity providing website development and related services.

1.2 "Client" means the person or legal entity purchasing the services.

1.3 "Services" means all website development, AI-generated design implementation, online store configuration, hosting-related services, maintenance, and related digital work.

1.4 "Commencement Date" means the date full payment is received.

1.5 Headings are for convenience only and do not affect interpretation.

2. ACCEPTANCE & ELECTRONIC CONSENT

2.1 These Terms are accepted electronically.

2.2 Payment of any amount constitutes full acceptance of these Terms in accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

2.3 No physical or electronic signature is required.

3. SCOPE OF SERVICES

3.1 Services are provided strictly in accordance with the selected package or written quotation.

3.2 Any services not expressly included are excluded.

3.3 The Service Provider reserves the right to use third-party tools, platforms, and AI systems.

4. DESIGN LIMITATIONS (CLIENT ACKNOWLEDGEMENT)

4.1 The Client expressly acknowledges that:

Front-end UI/UX designs are AI-generated and standardised;

Layout, structure, and flow are fixed;

Customisation is limited to images, logos, and colours only.

4.2 By making payment, the Client confirms acceptance of these limitations as if initialled.

5. NO ADMIN, NO CODE, NO BACKEND ACCESS

5.1 The Client shall not receive admin, backend, server, database, or source-code access unless expressly agreed in writing.

5.2 Access restrictions are a material condition of these Terms.

6. PAYMENT TERMS

6.1 100% payment upfront is required.

6.2 Prices exclude external subscription fees.

6.3 Late or non-payment may result in suspension or termination.

7. EXTERNAL PLATFORM & BUILDER FEES

7.1 Websites may rely on third-party builders, hosting platforms, plugins, or software.

7.2 Monthly or annual subscription fees are:

External;

Payable by the Client;

Charged in addition to package fees.

7.3 The Service Provider is not liable for third-party outages or price changes.

8. CANCELLATION & REFUNDS

8.1 Cancellation is governed by the Cancellation & Return Policy.

8.2 No refunds after commencement except as stated therein.

9. DELIVERY & ACCEPTANCE

9.1 Delivery timelines are estimates.

9.2 Failure to provide feedback within five (5) business days constitutes deemed acceptance.

10. CLIENT NON-RESPONSIVENESS & ABANDONMENT

10.1 Seven (7) days of non-response may pause the project.

10.2 Fourteen (14) days constitutes abandonment with forfeiture of all fees.

11. CHANGE REQUESTS

11.1 Any request outside scope is a Change Request.

11.2 Change Requests are quoted separately and require full upfront payment.

12. HOSTING OWNERSHIP & MIGRATION

12.1 Hosting infrastructure remains the property of the Service Provider unless otherwise agreed.

12.2 Migration is not included and is billable separately.

13. MAINTENANCE & RECURRING BILLING

13.1 Maintenance is optional and billed monthly or annually.

13.2 Non-payment may result in suspension without notice.

14. INTELLECTUAL PROPERTY

14.1 The Client receives rights to the final output only.

14.2 Underlying systems remain the intellectual property of the Service Provider.

15. CONFIDENTIALITY

Both Parties shall keep confidential information private.

16. WARRANTIES & DISCLAIMERS

16.1 Services are provided "as is".

16.2 No guarantee of sales, traffic, or rankings is made.

17. LIMITATION OF LIABILITY

17.1 Liability is limited to the amount paid.

17.2 No liability for indirect or consequential loss.

18. INDEMNITY

The Client indemnifies the Service Provider against claims arising from Client content or misuse.

19. FORCE MAJEURE

Neither Party is liable for events beyond reasonable control.

20. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

21. SEVERABILITY

Invalid provisions do not affect the remainder.

22. ENTIRE AGREEMENT

These Terms constitute the master terms governing all services.

23. FINAL ACCEPTANCE

Payment constitutes full, binding acceptance of these Terms without reservation.