Terms and Conditions of Service ( last updated on 16/04/2025)
This Agreement (“Agreement”) is entered into between David Theron t/a Webify24 (“Webify24,” “we,” “us,” or “our”) and the Client (“Client,” “you,” or “your”) for the provision of web design, development, hosting, and related services. By engaging our services, you agree to be bound by these terms and conditions, including any additional terms published on our website at https://www.webify24.com/terms-of-service/.
1. General Terms
1.1 Acceptance of Terms: By signing this Agreement or otherwise approving our services (via written consent, voice note, or signed approval), you acknowledge and agree to these terms, which become binding upon approval. All communications regarding this Agreement must be in writing to ensure clarity and confirmation.
1.2 Service Description: Webify24 provides website design, content creation, hosting coordination, and limited technical support. Technical support is restricted to remote access login or advisory services. We are not responsible for email issues or technical errors on local client devices, though we may provide recommendations.
1.3 Contract Term: All service packages are based on a minimum 12-month term unless otherwise specified. After the initial term, the Agreement transitions to a month-to-month basis, cancellable with 30 days’ written notice as per Section 4.
1.4 Client Responsibilities: You are responsible for ensuring all provided information is accurate, complete, and confirmed in writing. You must fully understand these terms before engaging our services. Any queries must be submitted in writing prior to signing.
1.5 Website Package Selection: By signing this Agreement and indicating your selected package, you accept these terms, which are binding on all parties.
2. Scope of Services
2.1 Services Provided: Webify24 offers website design, development, hosting, email setup, and maintenance as specified in the selected package. Services include:
– Website build and design.
– Email and website hosting (for monthly contracts).
– Limited maintenance hours as outlined in Section 6.
– Basic SEO setup and security plugins.
2.2 Non-24/7 Service: Our services are not provided on a 24/7 basis. Our standard operating hours are Monday to Friday, 08:00 AM to 16:30 PM (South Africa Standard Time). Any work or communication outside these hours is subject to after-hours rates as outlined in Section 5.
2.3 Dependence on Third-Party Server Hosts: We rely on third-party server hosts for hosting, domain registration, and related infrastructure. Webify24 is not responsible for delays, downtime, or any actions caused by server hosts, including scheduled maintenance, server crashes, or other factors beyond our control. We will notify clients of known maintenance events as soon as possible but cannot guarantee uninterrupted service.
2.4 Downtime Liability: Webify24, its partners, or server hosts are not liable for any website or email downtime, data loss, or loss of income due to server issues, maintenance, or other external factors. Clients may opt for daily backups at an additional cost, but we cannot guarantee backup functionality in all cases.
3. Payment Terms
3.1 Invoicing and Payment Due Dates: Invoices are issued on the 25th of each month via email and must be settled by the last day of the month (30th or 31st). Billing begins upon signing this Agreement and registration on our servers, regardless of website progress.
3.2 Payment Details: Payments must include the invoice number as the reference and be made to the bank account specified on the invoice. Webify24 is not liable for service suspensions due to incorrect payment references.
3.3 Late Payments: If an account remains unpaid for two months or longer, Webify24 reserves the right to:
– Suspend website and email services.
– Apply a 5% penalty fee to the outstanding balance for accounts in arrears for 2 months and longer.
– For accounts in arrears for three months or more, Webify24 may pursue legal action to recover the overdue amount, the remaining balance of the Agreement, and any associated legal costs, interest, or penalty fees.
– Remove services from our servers if the account remains unpaid by the third month, with a reinstatement fee of R650 upon settlement.
3.4 Domain Payments: For .co.za domains (except for the R179 per month package), Webify24 covers the first year’s registration cost. Clients are responsible for subsequent annual renewals, which will be invoiced accordingly. All other domains require payment upon signup and for yearly renewals.
3.5 Pro-Rata Payments: The first month’s payment for new clients is calculated pro-rata based on the signup date.
4. Cancellation Terms
4.1 Cancellation Process: To cancel services, the Client must submit written notice at least 30 days in advance, stating the reason for cancellation. Only the owner, CEO, or original agreement holder may request cancellation. The account must be settled in full before domains, files, or emails are transferred.
4.2 Post-Cancellation: Upon the completion of the 30-day cancellation notice period, clients have five (5) business days to transfer their domain and emails to another provider. On the sixth day, Webify24 will remove all files from our servers and is not liable for any losses resulting from failure to transfer within this period. Domains will not be renewed on the client’s behalf post-cancellation, and lapsed domains may be purchased by third parties.
5. After-Hours Services
5.1 After-Hours Rates: Any communication or work conducted outside standard operating hours (08:00 AM to 16:30 PM, Monday to Friday) is charged at R650 per hour. This includes, but is not limited to, WhatsApp messages, calls, emails, or other forms of communication. Each hour (or portion thereof) is billed as a full hour.
5.2 Billing Process: After-hours services are tracked and invoiced separately, with job cards emailed to the client detailing the time spent.
6. Maintenance and Fair Usage Policy
6.1 Maintenance Hours: Each package includes 1–2 hours of monthly maintenance, effective after the website goes live. Additional maintenance is charged at R400 per hour, which is the standard rate for all non-after-hours work.
6.2 Development Stages:
– Development Stage: We build the website using client-provided information.
– Preview Stage: A preview link is sent to the client, allowing up to three (3) revision rounds. Each round consists of a single list of revisions submitted in one email. Additional revisions are charged at R400 per hour.
– Launch Stage: After client approval, the website goes live, and maintenance hours apply.
6.3 Theme Changes: Changing the website theme after the preview stage incurs a flat theme fee plus an hourly rate of R400 for rebuilding, as it requires a complete site reconstruction.
6.4 Fair Usage: The fair usage policy applies to all client communications (e.g., WhatsApp, calls, emails) and service requests to prevent abuse that could negatively impact our ability to serve all clients equitably. Clients exceeding reasonable usage will be notified via email, and additional costs may apply.
7. Site Security
7.1 Security Plugin: We install a free security plugin to protect against malicious attacks. This plugin has limited features, and Webify24 is not liable for hacks, malware, or downtime if the free version is used. A premium upgrade is available at an additional cost.
7.2 Liability: If a site is hacked or infected, Webify24, its partners, or server hosts are not responsible for damages, loss of income, or downtime. Costs to clean or rebuild the site are the client’s responsibility. During the first 30 days of plugin activation (learning mode), security is not guaranteed.
8. Email Services
8.1 Email Setup: For new clients, we provide free email setup on a number of devices determined by the selected package. Additional setups on other devices are charged at R50 per device. Clients receive setup details to configure additional devices independently.
8.2 Email Issues: If emails stop functioning post-setup, we will investigate server-side issues at no cost. Local issues (on the client’s device) are charged at R400 per hour, with an estimated quote provided. If the issue cannot be resolved, the quoted fee remains payable.
8.3 Email Migration: Email migrations are supported for manageable file sizes. Large migrations requiring third-party developers incur additional costs, quoted separately.
8.4 Email Restrictions: Our servers limit emails to 500 per hour. Bulk emailing is prohibited and may result in account suspension. Clearing blockages due to bulk emailing is billed separately. Clients are recommended to use third-party services like Mailchimp for bulk emails.
9. Content and Legal Requirements
9.1 Website Content: Clients must provide content for Privacy Policies, Terms and Conditions, and POPI Act compliance. Webify24 can generate these using online tools, but clients are responsible for ensuring accuracy and sufficiency. We install a POPI and cookie management plugin, but clients must verify its correctness.
9.2 Image Usage: If clients do not provide images, Webify24 uses royalty-free images. If clients supply images, they must ensure the images are royalty-free and legally usable on their website. Webify24 is not liable for any legal issues arising from the use of images provided by the client that belong to third parties.
9.3 Liability: Webify24 is not liable for legal actions arising from errors, omissions, or non-compliance with the POPI Act or other regulations related to client-provided content or images.
10. SEO and Website Performance
10.1 Server Options: All websites are hosted on LiteSpeed Shared servers. Server performance varies due to factors like site content, visitor traffic, and external server load, which are beyond our control.
10.2 Basic SEO: We perform basic SEO tasks (e.g., alt text, keyword setup, and SEO plugin installation). High search engine rankings require additional SEO work, paid plugins, and client marketing efforts, which are not included unless requested and paid for.
10.3 Google Indexing: New websites are registered with Google for indexing, which takes 4–24 days, subject to Google’s processing times.
11. Third-Party and Client Access
11.1 Third-Party Access: Third-party access to the WordPress admin area or CPanel is prohibited unless required for specific tasks and approved by Webify24. Clients granting third-party access assume full responsibility for any resulting damage, with repair costs billed separately.
11.2 Client WP-Admin Access: Clients may be granted WP-admin access for e-commerce management, product edits, or other approved purposes. Any damage caused by the client is their responsibility, and repair costs will be invoiced at R400 per hour.
11.3 CPanel Access: Due to shared server usage, CPanel access is not granted to clients or third parties unless exceptional circumstances apply. Webify24 may allow third-party CPanel access without client permission.
11.4 Unauthorized Backups or Transfers: If Webify24 grants access to the WP-admin area or server (to the client or a designated developer/user) and the client or their designee creates a backup or transfers the website, files, or related assets to another host without first complying with the cancellation procedures outlined in Section 4 (including providing 30 days’ written notice and settling the account in full), Webify24 reserves the right to:
– Pursue legal action to recover any outstanding fees, the remaining balance of the Agreement, and associated legal costs, interest, or penalty fees.
– Withhold access to or transfer of any information, files, emails, domain names, or other assets until the proper cancellation process is completed and the account is fully settled.
12. Limitations of Liability
12.1 General Liability: Webify24 is not liable for data loss, direct, indirect, special, exemplary, consequential, incidental, or punitive damages, including lost profits, revenue, or business opportunities, even if advised of such possibilities. Our liability is limited to the aggregate fees received from you in the three (3) months preceding the event giving rise to the claim.
12.2 Internet Content: Clients are responsible for the accuracy, integrity, and security of content accessed from the internet. Webify24 is not liable for any content-related issues.
12.3 Force Majeure and Maintenance: We are not liable for downtime due to force majeure events, standard maintenance, or service suspensions caused by policy violations.
13. Prohibited Uses
13.1 Email Restrictions: Unsolicited commercial emails (SPAM) are prohibited. Mailing lists exceeding 500 recipients are not permitted. Emails causing complaints, network disruptions, or violations of the CAN-SPAM Act may result in service suspension.
13.2 Prohibited Content and Activities: Hosting or engaging in activities such as topsites, IRC bots, IP scanners, mail bombers, illegal content, pornography, gambling, or cryptocurrency mining is strictly prohibited. A full list of prohibited activities is available in Section 15 of the original terms.
13.3 Reporting Violations: Suspected violations by other clients should be reported to info@webify24.com with relevant details.
14. Intellectual Property
14.1 Ownership of Deliverables: Upon full payment of all fees due under this Agreement, Webify24 grants the Client a non-exclusive, non-transferable license to use the website and its deliverables (e.g., designs, content, code) for the intended purpose. Ownership of the website’s final deliverables transfers to the Client only upon full payment, subject to the limitations below.
14.2 Webify24’s Proprietary Materials: Webify24 retains ownership of all proprietary materials, including but not limited to pre-existing code, templates, themes( and the theme licenses), plugins, or tools used in the development process. The Client is granted a license to use these materials solely as part of the website while hosted by Webify24, unless otherwise agreed in writing.
14.3 Third-Party Assets: Any third-party assets (e.g., licensed plugins, stock images, or fonts) incorporated into the website are subject to their respective licensing terms. The Client is responsible for maintaining active licenses for such assets after the initial setup, unless Webify24 agrees to manage them as part of the service package.
14.4 Client-Provided Content: The Client warrants that any content (e.g., images, text, logos) provided to Webify24 is owned by the Client or licensed for use on the website. The Client indemnifies Webify24 against any claims arising from the use of such content, including intellectual property infringement.
14.5 Portfolio Rights: Webify24 reserves the right to showcase the Client’s website or deliverables in our portfolio, marketing materials, or case studies, unless the Client requests otherwise in writing at the time of signing this Agreement.
15. Client Approval and Revision Process
15.1 Client Responsibilities: The Client agrees to provide all necessary content, feedback, and approvals in a timely manner as outlined in the project timeline. Delays in providing content or feedback may result in project delays, and Webify24 is not liable for missed deadlines caused by such delays.
15.2 Approval Process: The Client will review deliverables (e.g., website previews, designs) within five (5) business days of receipt unless otherwise agreed. Failure to provide feedback or approval within this period will be deemed as approval, and Webify24 may proceed to the next project stage.
15.3 Revision Limits: As outlined in Section 6.2, the Client is entitled to three (3) revision rounds during the preview stage. Additional revisions or changes requested after the preview stage or outside the scope of the agreed package will be charged at R400 per hour.
15.4 Scope Creep: Any requests for changes or additions beyond the agreed project scope will be treated as a new project or additional work, subject to a separate quote and approval. Webify24 reserves the right to pause work until additional fees are agreed upon and paid.
16. Termination for Cause
16.1 Webify24’s Right to Terminate: Webify24 reserves the right to terminate this Agreement with immediate effect if the Client:
– Fails to make payments as outlined in Section 3 for two (2) months or more.
– Engages in abusive, threatening, or unprofessional behavior toward Webify24 staff or representatives.
– Uses the website or services for illegal, unethical, or prohibited activities as outlined in Section 13.
– Breaches any material term of this Agreement.
16.2 Consequences of Termination: Upon termination by Webify24, the Client must immediately settle all outstanding fees and the remaining balance of the Agreement. Webify24 may suspend or remove access to the website, emails, or domain until the account is settled. Webify24 is not liable for any losses incurred by the Client due to termination under this section.
17. Website Functionality and Browser Compatibility
17.1 Functionality Standards: Webify24 will design and develop websites to function effectively on current versions of major web browsers (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge, Safari) and standard devices (e.g., desktops, tablets, smartphones) at the time of development. Compatibility with older browsers, niche platforms, or future updates is not guaranteed unless specified in the project scope.
17.2 Client Responsibility: The Client is responsible for testing the website on their preferred devices and browsers and notifying Webify24 of any issues within five (5) business days of the preview stage. Additional work to address compatibility issues outside the agreed scope will be charged at R400 per hour.
17.3 Third-Party Dependencies: Website functionality may depend on third-party plugins, themes, or services. Webify24 is not liable for issues arising from updates, discontinuations, or failures of these third-party components.
18. Confidentiality
18.1 Mutual Obligation: Both Webify24 and the Client agree to keep confidential any proprietary or sensitive information shared during the course of this Agreement, including but not limited to business plans, customer data, pricing, or development processes.
18.2 Use of Information: Confidential information may only be used for the purpose of fulfilling this Agreement and may not be disclosed to third parties without prior written consent, except as required by law.
18.3 Duration: The obligation to maintain confidentiality survives the termination of this Agreement for a period of two (2) years.
19. Dispute Resolution
19.1 Negotiation: In the event of a dispute arising from this Agreement, both parties agree to first attempt to resolve the issue through good-faith negotiations within thirty (30) days of written notice of the dispute.
19.2 Mediation: If negotiation fails, the parties agree to submit the dispute to mediation in Oudtshoorn, Western Cape, South Africa, with a mutually agreed-upon mediator. The costs of mediation will be shared equally.
19.3 Litigation: If mediation fails, disputes will be resolved in the courts of Oudtshoorn, South Africa, as per Section 20.4. Each party will bear its own legal costs unless otherwise determined by the court.
20. Additional Provisions
20.1 Backups: Webify24 performs backups upon website completion. Daily backups are done automatically by the server. We are not liable for backup failures, and restoring complex backups may require hiring a developer at the client’s expense.
20.2 Website Transfers: Transferring pre-existing websites to our servers may take up to 48 hours. Clients are responsible for backing up data prior to transfer, and Webify24 is not liable for data loss during this process. Non-.co.za domains may incur a transfer fee.
20.3 Force Majeure: Webify24 is not liable for delays, failures, or interruptions in service due to events beyond our reasonable control, including but not limited to natural disasters, power outages (including load shedding), cyberattacks, internet outages, government regulations, labor disputes, or disruptions in third-party services (e.g., server hosts, plugin providers). Webify24 will notify the Client of such events as soon as practicable and work to restore services promptly, but no compensation will be provided for resulting losses or delays.
20.4 Governing Law: This Agreement is governed by the laws of South Africa. Any disputes will be resolved in the courts of Oudtshoorn, Western Cape, South Africa.
20.5 Amendments: Webify24 reserves the right to amend these terms with notice via email or our website. Continued use of our services constitutes acceptance of the updated terms.
21. E-Commerce Services
21.1 Scope of E-Commerce Services: If the Client’s website includes e-commerce functionality, Webify24 will integrate and configure payment gateways, shopping carts, or other features as specified in the project scope. The Client is responsible for maintaining accounts with payment processors and complying with their terms.
21.2 Liability: Webify24 is not liable for transaction failures, chargebacks, disputes, or losses arising from the use of e-commerce features or third-party payment processors. The Client is responsible for ensuring compliance with applicable laws, including the Consumer Protection Act, 2008, and for handling customer refunds or disputes.
21.3 Maintenance: E-commerce websites may require additional maintenance (e.g., product updates, security patches), which will be subject to the maintenance hours and rates outlined in Section 6.
22. Product and Shop Information Updates
22.1 Client Responsibility: Once the website is live, the Client is responsible for updating and managing all product listings, categories, pricing, inventory, coupons, and other shop-related information on their e-commerce website. Webify24 is not liable for errors, omissions, or outdated information in the shop.
22.2 Training: Webify24 will provide one (1) training session of one (1) hour, if requested, to guide the Client on managing the shop, including creating and editing products, creating categories, generating coupons, and other related tasks. Additional training sessions or support beyond the initial session will be charged at R400 per hour.
22.3 Support Limitations: Any updates or changes to shop information requested from Webify24 after the site is live will be treated as maintenance work, subject to the rates and limits outlined in Section 6.