Terms of Service

Last updated: 24 October 2024
These Terms of Service (“Agreement”) govern the relationship between Msimelelo Makatesi Digital Group t/a Website Design R299pm (“we”, “us”, “our”) and the client (“Client”, “you”, “your”) regarding the services we provide. By placing an order with us, you agree to be bound by these terms unless otherwise agreed to in writing.

1. Definitions

Agreement: The entire content of this Terms of Service document, including any proposals, schedules, and attachments.
Content: All materials, information, photography, writings, and other creative content provided by you or us.
Deliverables: The services and work products specified in the proposal to be delivered by us to you.
Services: All services and work products to be provided to you as described in this Agreement.
Ongoing Management: Continuous work to keep the website functioning and secure, including data management, backups, maintenance, upgrades, and software patches.

2. General Terms

At Website Design R299pm, our monthly web design packages are designed to empower solopreneurs, startups, and small businesses with websites that grow alongside their needs. When you subscribe to our service, you are renting not purchasing a website.

Ownership

The website, including its design, layout, and any features provided, remains the property of Website Design R299pm for the duration of your subscription, regardless of how long you’ve been subscribed. As such, ownership is not transferred to you.

Moving to Another Provider

If you decide to move to another provider and wish to retain the website, a transfer fee starting from R4990 will be quoted. The final fee will depend on:

Design Changes: The number and scope of design updates made since the original version.
Features Added: Any new features or custom functionality implemented after the initial design.

This model ensures you have continuous access to a high-quality, adaptable website without the burden of large upfront costs.

3. Authorisation

You authorise us to perform the services outlined in this Agreement on your behalf, including registering domains, accessing hosting accounts, and managing online advertising.

4. Agreement Scope

Services supplied and costs are limited to what is specified in the service package agreement. Any additional services will require a separate agreement. You are liable for the full payment of the complete package, even if all services are not utilised.

5. Costs and Fees

Any changes or additions outside the scope of this document will be quoted and invoiced to you. Professional service fees do not include outside purchases like software licensing, or courier services.

6. Free 3-Month Trial

At Website Design R299pm, we offer a 3-month trial to build trust and remove the risks of investing in a service you might regret. We believe 90 days is more than enough time to determine if we’re the right fit for your business. Here’s what you can expect during the trial period:

Free .co.za Domain Registration: We’ll register a .co.za domain at no cost to you.
Non-.co.za Domains: If you prefer a different domain, you will be responsible for the domain registration fee.
Domain Transfer on Cancellation: If you cancel your trial and want to transfer domain ownership, you’ll need to pay the domain registration fee.
Website Ownership: The website design, including layout, content, images, and graphics supplied by us, remains the property of Website Design R299pm.

This trial ensures you can experience the value of our service before committing, with no hidden surprises.

7. Payment

You agree to pay us in accordance with the terms specified in each proposal. If you fail to pay any invoice, we reserve the right to withhold delivery of work until all balances are settled. In case of cancellation prior to project completion, you will be liable for one month’s payment with a 30-day cancellation notice.

8. Confidentiality

We will not disclose or use any confidential information obtained during the fulfillment of this Agreement for any purpose other than to perform our obligations under this Agreement, except as required by law.

9. Outsourcing

We reserve the right to outsource specific project requirements to meet the terms of this Agreement. All subcontractors will be bound by these terms.

10. Promotion

We reserve the right to use your website and associated graphics for the promotion of our services and may retain a credit link in the website footer.

11. Copyright and Ownership

You are responsible for ensuring that all materials you provide for the project (such as images, text, and logos) do not infringe on any copyrights or trademarks unless these materials are supplied by us (e.g., photography or logo design). You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising from the unauthorized use of such materials.

We retain ownership of all source files, designs, and creative assets until full payment is received. Only after payment will ownership of the deliverables transfer to you.

12. Force Majeure

We shall not be liable for any delays in performance due to circumstances beyond our control, including natural disasters, government actions, or other events.

13. Limitation of Liability

Our liability for any damages shall be limited to the total fees paid by you under this Agreement. We shall not be liable for any indirect, incidental, or consequential damages.

14. Termination

We may terminate this Agreement immediately with written notice. You may terminate the Agreement with 30 days’ written notice and remain liable for all outstanding payments during this notice period.

15. Domain Names

All domain names are owned by you. We will manage domain registrations on your behalf unless you request otherwise in writing.

16. Hosting

We will provide the recommended hosting package. Any over-usage fees due to increased traffic will be charged accordingly. If you choose to use your own hosting provider, you are responsible for ensuring compatibility and managing the hosting environment.

17. Browser Variance and Color Accuracy

Websites are optimized for compliant browsers, but layout and aesthetic elements may vary. Colors may shift between devices due to different monitor settings.

18. Client Responsibilities

If you or your agents make unauthorized changes that damage the website, additional costs will be incurred for repairs at our standard rates.

19. Updates and Changes

We will respond to maintenance requests within 48 working hours from receipt of your instructions.

23. Amendments

We may amend these Terms from time to time. Any changes will be effective upon posting on our website.

Contact Us

For questions about these Terms, please contact us at:

Email: hello@mmdg.co.za