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Terms of Service

Last updated: 12 January 2026

1. Introduction and Acceptance

  1. These Terms of Service (“Terms”) govern the provision of digital and related professional services by Webworx Web Services (Pty) Ltd (“Webworx”, “we”, “us”, “our”) to the client (“you”, “your”).
  2. By signing or accepting a proposal or statement of work (“SOW”), making any payment, or instructing us to commence services, you confirm that you have read, understood, and agree to be bound by these Terms.
  3. If you act on behalf of a juristic person, you warrant that you have the authority to bind that entity to these Terms.

2. Consumer Protection Act Notice (Section 49 Disclosure)

  1. This clause draws your attention to provisions that may limit our liability, require you to indemnify us, permit suspension or termination of services, or result in deemed acceptance.
  2. If you are a consumer as defined in the Consumer Protection Act 68 of 2008 (“CPA”), these Terms must be read subject to the CPA.
  3. Nothing in these Terms limits or excludes any rights, remedies, or protections afforded to consumers under the CPA, including liability for gross negligence or wilful misconduct.
  4. In the event of any conflict between these Terms and the CPA, the CPA shall prevail.

3. Services

  1. We provide professional digital services, which may include UX/UI design, website and software development, ecommerce development, WordPress development, search engine optimisation (SEO), support, and maintenance.
  2. The specific scope, deliverables, milestones, timelines, and fees applicable to the services shall be set out in the relevant proposal or SOW.
  3. We may subcontract or assign the performance of services, in whole or in part, provided this does not materially prejudice the client.

4. Scope of Work and Change Requests

  1. All services shall be rendered strictly in accordance with the agreed proposal or SOW.
  2. Any work requested outside the agreed scope constitutes a change request.
  3. Change requests must be agreed in writing and may result in revised fees, timelines, or both, prior to commencement.

5. Fees and Payment Terms

  1. Fees are as set out in the applicable proposal, SOW, or invoice.
  2. Unless expressly stated otherwise, all fees are inclusive of value-added tax (VAT) at the prevailing statutory rate.
  3. A deposit, typically fifty percent (50%), is payable prior to commencement of services.
  4. Final payment becomes due upon completion of the SOW, website handover, or go-live, whichever occurs first, unless otherwise agreed in writing.
  5. Invoices are payable within seven (7) calendar days of issue, unless otherwise stated. Consumers shall be afforded a reasonable payment period in accordance with the CPA.
  6. Overdue amounts may attract interest at a rate equal to the prevailing prime lending rate plus two percent (2%), calculated monthly in arrears, or the maximum rate permitted by law, whichever is lower.
  7. Subject to the CPA, we reserve the right, upon written notice and after a reasonable opportunity to remedy, to suspend services or withhold deliverables proportionate to any outstanding amounts.
  8. Payments made shall be non-refundable to the extent of work performed, resources allocated, and costs incurred, except where a refund is required by law.

6. Client Responsibilities

  1. You shall provide accurate, complete, and timely information, content, materials, and approvals.
  2. You warrant that all materials supplied are owned by you or lawfully licensed.
  3. You shall obtain all necessary permissions and consents for third-party intellectual property and personal data.
  4. You shall appoint a single authorised representative with decision-making authority.
  5. You shall ensure that all content and instructions comply with applicable laws and regulations.

7. Deliverable Review and Acceptance

  1. Deliverables shall be submitted to you for review upon completion.
  2. Business clients must notify us in writing of any material functional defects within seven (7) calendar days of delivery, failing which the deliverables shall be deemed accepted.
  3. Deemed acceptance shall not apply to latent defects that could not reasonably have been discovered upon inspection.
  4. Consumers shall be afforded a reasonable opportunity to inspect and review deliverables in accordance with the CPA.
  5. Functional defects exclude subjective, aesthetic, or preference-based changes.
  6. Any changes requested after acceptance shall constitute additional billable work.

8. Project Delays, Suspension, and Inactivity

  1. Delays caused by the client shall result in corresponding extensions to project timelines.
  2. If the client is unresponsive or fails to provide required information, content, or approvals for a period of fifteen (15) consecutive calendar days, we may suspend the project upon written notice.
  3. If no response or remedial action is received within thirty (30) calendar days of suspension, we may terminate the project and retain deposits to the extent of work completed and costs incurred, subject to the CPA.
  4. Reactivation of a suspended project may be subject to a reactivation fee and revised timelines.

9. Intellectual Property

  1. Subject to full payment of all amounts due, we assign to you all transferable intellectual property rights in the final deliverables created specifically for you.
  2. Until full payment is received, all deliverables, including source code, designs, software, and related materials, remain our intellectual property and are licensed to you solely for internal review and evaluation purposes.
  3. We retain ownership of all pre-existing materials, generic or reusable code, frameworks, libraries, templates, tools, processes, and methodologies.
    To the extent permitted by law, you consent to any acts or omissions by us that might otherwise infringe your moral rights as contemplated in the Copyright Act 98 of 1978.
  4. Third-party materials remain subject to their respective licence terms.
  5. Unless otherwise agreed in writing, we may display completed work in our portfolios, case studies, and marketing materials.
  6. Unless otherwise agreed in writing, we may display completed work in our portfolios and marketing materials.

  7. In accordance with the Copyright Act 98 of 1978, all copyright and intellectual property rights in any deliverables, source code, software, designs, or related materials created by Webworx during the course of the project shall vest in Webworx until such time as all amounts due and payable by the client have been received in full. Where the client fails or refuses to make payment of any outstanding amount within the agreed payment period, Webworx reserves the right, upon written notice and subject to applicable law, to:

    1. suspend all services and access to deliverables;

    2. withhold, disable, or restrict access to any deliverables or functionality incorporating the unpaid works;

    3. require the client to remove, cease using, or take down any copyrighted material, code, or deliverables produced by Webworx and incorporated into any website, application, or system; and/or

    4. seek appropriate legal relief, including an interdict, takedown notice, or damages, for unauthorised use or infringement of copyright.

    5. Any continued use, reproduction, modification, or distribution of such works prior to full payment shall constitute unauthorised use and copyright infringement as contemplated in the Copyright Act 98 of 1978.
      Webworx shall not be liable for any loss, damage, or downtime suffered by the client arising from the lawful exercise of its rights under this clause. The rights set out in this clause are without prejudice to any other rights or remedies available to Webworx in law or equity.

10. Third-Party Services, Hosting, and Email

  1. We may recommend, integrate, or rely on third-party tools, platforms, hosting providers, or services.
  2. We shall not be liable for downtime, failures, security incidents, or losses caused by third-party services.
  3. Hosting and email services are excluded unless expressly included under a managed services agreement.

11. SEO, Performance, and Compatibility

  1. No guarantees are given in respect of search engine rankings, traffic volumes, conversions, or sales.
  2. Any forecasts, estimates, or projections are indicative only.
  3. Compatibility with outdated or unsupported browsers is not guaranteed.

12. Support and Maintenance

  1. Support and maintenance services are provided only in accordance with an agreed support plan.
  2. Support excludes new features, redesigns, or changes arising from third-party updates.
  3. Standard service levels provide for response within one (1) to two (2) business days, Monday to Friday, 09:00–17:00 (SAST), excluding public holidays.

13. Security, Indemnities, and Warranties

  1. We implement reasonable technical and organisational security measures but shall not be liable for breaches caused by client actions or third parties.
  2. Each party indemnifies the other against claims arising from its own breach of these Terms, unlawful conduct, or infringement of third-party rights.
  3. We warrant that services will be performed with reasonable care, skill, and diligence.
  4. A thirty (30) day post-launch warranty applies to functional defects directly attributable to our work.
  5. Except as expressly stated, all services are provided ‘as is’ and without warranties implied by law, to the maximum extent permitted.

14. Limitation of Liability

  1. To the maximum extent permitted by law, our total aggregate liability shall be limited to the fees paid for the specific services giving rise to the claim.
  2. We shall not be liable for any indirect, consequential, or special damages, including loss of profits, loss of data, loss of business, or loss of anticipated savings, howsoever arising.
  3. Nothing in these Terms limits or excludes liability for gross negligence, wilful misconduct, or liability that cannot lawfully be excluded.

15. Data Protection and Privacy (POPIA, GDPR, US Privacy Laws)

  1. Each party shall comply with all applicable data protection and privacy laws, including the Protection of Personal Information Act 4 of 2013 (South Africa) (“POPIA”), the EU General Data Protection Regulation 2016/679 (“GDPR”), and applicable United States privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act (“CCPA/CPRA”).
  2. Unless otherwise agreed in writing, you act as the responsible party or data controller, and we act as the operator or data processor.
  3. You warrant that all personal data provided to us has been lawfully obtained and may be processed for the purposes contemplated in these Terms.
  4. We shall implement appropriate technical and organisational measures to safeguard personal data against loss, unauthorised access, or unlawful processing.
  5. Where personal data is transferred outside its country of origin, appropriate safeguards shall be implemented in accordance with applicable law.
  6. The parties shall cooperate in good faith in the event of a personal data breach, including any legally required notifications.
  7. Upon termination of services, personal data shall be returned or securely deleted upon written request, unless retention is required by law.

16. Confidentiality

  1. Each party agrees to keep confidential all non-public, proprietary, or commercially sensitive information disclosed by the other party (“Confidential Information”).
  2. Confidential Information includes business operations, pricing, proposals, technical information, source code, systems, trade secrets, and personal data.
  3. Confidential Information shall not include information that is publicly available, independently developed, or lawfully obtained from a third party.
  4. Each party shall use Confidential Information solely for purposes of performing under these Terms and shall not disclose it without prior written consent.
  5. This confidentiality obligation survives termination for a period of five (5) years.
  6. Disclosure may occur where required by law or regulatory authority, provided reasonable notice is given where lawful.

17. Termination

  1. Either party may terminate these Terms for material breach not remedied within ten (10) business days of written notice.
  2. Upon termination, all completed work shall remain payable, and a reasonable cost breakdown shall be provided upon request.

18. Non-Solicitation

  1. You shall not solicit or employ our employees or contractors during the project term and for twelve (12) months thereafter, to the extent reasonably necessary to protect our legitimate business interests.

19. Force Majeure

  1. We shall not be liable for any delay or failure resulting from events beyond our reasonable control, including load shedding, acts of God, labour disputes, or network failures.

20. Communication and Approvals

  1. Official project communication and approvals must occur via email or agreed project management tools.
  2. Informal communications do not constitute binding approval unless confirmed in writing.

21. Dispute Resolution

  1. The parties shall attempt to resolve any dispute through good-faith negotiation.
  2. Disputes between business clients shall be referred to mediation and, if unresolved, to arbitration administered by the Arbitration Foundation of Southern Africa (AFSA).
  3. Consumers retain all rights under the CPA.

22. Updates to These Terms

  1. We may amend these Terms from time to time with prospective effect by providing at least ten (10) days’ prior written notice.

23. Governing Law and Jurisdiction

  1. These Terms are governed by the laws of the Republic of South Africa.
  2. Subject to the CPA, the parties consent to the jurisdiction of the courts of Cape Town, Western Cape.
  3. Nothing in this clause limits a consumer’s right to approach any court or forum with jurisdiction in terms of the Consumer Protection Act.

24. Entire Agreement and Severability

  1. These Terms and any applicable proposal or SOW constitute the entire agreement between the parties.
  2. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

25. Contact Details

  1. Webworx Web Services (Pty) Ltd
  2. Email: [email protected]
  3. Phone: 021 762 4824
  4. Registered in South Africa