These Terms & Conditions record the service and payment agreement between Webfast Technologies (Pty) Ltd and its client. The signed contract records the selected package, fees, duration, start date, payment date, and any agreed service-specific details.
In plain language: the signed contract defines the package and payment plan. Extra work and contract changes require written agreement, and the Client must provide final, lawful content and timely approvals.
01
Parties to the agreement
The agreement is between Webfast Technologies (Pty) Ltd (the “Creditor”, “Webfast”, “we”, “us”, or “our”) and the undersigned client (the “Debtor”, “Client”, “you”, or “your”).
The signed agreement records each party’s business name, representative, email address, telephone number, registration or VAT number, and address.
02
Packages and scope
The selected packages and options in the signed agreement define the scope of the services.
Work outside that scope—including substantive design or copy changes after sign-off, additional pages, integrations, third-party plugins, content migration, photography, or videography—is additional work and will be quoted and billed separately.
A variation to the scope is binding only once both parties accept it in writing.
03
Fees and payment plan
- The Client must pay the monthly service fee for the duration and from the start date recorded in the signed agreement.
- The first payment is due on the selected payment date—the 1st, 15th, or last day—of the start month, and on that selected day of each calendar month thereafter.
- All amounts are payable in South African Rand by debit order, EFT, or another method approved by Webfast in writing.
- Fees may be increased annually in line with CPI plus a reasonable adjustment for third-party cost increases on 30 days’ written notice.
04
Late payment and interest
If a payment remains outstanding for more than 14 days after its due date, Webfast may charge a reasonable administration fee of R200.00 for the overdue account.
Interest accrues on all overdue amounts at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, calculated from the due date until payment is received in full.
Webfast may appropriate or set off any payment or amount due to the Client against amounts the Client owes to Webfast.
05
Default and recovery of costs
The Client is also liable for tracing fees, collection commission, and legal costs on an attorney-and-own-client scale. Webfast may suspend services without further notice, without prejudice to any other right or remedy available at law or under the agreement.
The provisions of this agreement are subject to any rights afforded to the Client under the Consumer Protection Act 68 of 2008, where applicable.
06
Prepayment
The Client may pay the full outstanding balance at any time without penalty.
07
Termination
- The Client may cancel service packages and hosting after the minimum service period recorded in the signed agreement by giving one calendar month’s written notice.
- Cancellation before the end of that minimum period requires payment of the balance of fees for the remaining term.
- Webfast may terminate the agreement immediately for material breach, including non-payment, insolvency, or business rescue.
- On termination, all licences granted by Webfast terminate immediately unless the parties agree otherwise in writing.
08
Intellectual property
- Before full payment. All intellectual property in the deliverables, including code, designs, graphics, copy, configurations, and source files, remains Webfast’s property until the full purchase price has been received in cleared funds.
- Bespoke deliverables. On full payment, ownership of the bespoke deliverables transfers to the Client.
- Webfast background IP. Webfast retains its pre-existing background intellectual property, frameworks, libraries, templates, and methodology. These are licensed to the Client on a non-exclusive, non-transferable basis as part of the deliverables.
- Third-party material. Third-party software, fonts, plugins, themes, and stock content remain governed by the original rights-holder’s licence.
- Portfolio use. Webfast may display the deliverables in its portfolio and credentials.
- Client warranty. The Client warrants that it owns all material, content, and intellectual property it supplies to Webfast, or has obtained every licence, permission, and consent needed for its use.
09
Third-party services and hosting
Domain registration, hosting, email, SSL certificates, plugins, themes, SMS gateways, payment gateways, and other third-party services are provided on a pass-through basis.
Webfast relies on upstream providers and does not warrant uninterrupted or error-free operation of those services. Webfast is not liable for outages, data corruption, deletions, deliverability issues, or service changes that originate with a third party or force majeure event, or that result from the Client’s or its agents’ instructions.
10
Content, approvals, and revisions
- The Client must provide accurate, lawful, and final content—including text, images, logos, brand assets, access credentials, and approvals—within 7 days of request.
- Webfast is not responsible for delays caused by late or incomplete content.
- Up to 2 rounds of reasonable revision per deliverable are included. Further revisions are billable at Webfast’s prevailing hourly rate.
- A deliverable is deemed accepted 7 days after submission unless Webfast receives a written objection within that time.
11
Limitation of liability
Webfast is not liable for indirect, special, incidental, or consequential loss; loss of profit; loss of revenue; loss of business opportunity; loss of goodwill; or loss of or damage to data.
Nothing in this clause limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded by law.
12
Indemnity
The Client indemnifies Webfast against any third-party claim, loss, damage, fine, or expense arising from:
- the Client’s breach of the agreement;
- content, instructions, material, trademarks, or data supplied by the Client;
- unlawful, defamatory, infringing, or non-compliant use of the deliverables; or
- an act, omission, or negligence of the Client or its agents.
13
Confidentiality and POPIA
Each party must keep all non-public information acquired from the other party confidential and use it only to perform the agreement.
Both parties must comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Where Webfast processes personal information on the Client’s behalf, it does so as an operator on the Client’s lawful instructions. The Client remains the responsible party and warrants that it has obtained all necessary consents, or otherwise has a lawful basis under applicable law, for personal information provided to Webfast for processing in connection with the agreement.
This clause survives termination. Further information about Webfast’s own processing is available in the Privacy Policy.
14
Force majeure
Neither party is liable for delay or failure to perform its obligations, other than payment obligations already due, to the extent caused by events beyond its reasonable control. These events include acts of God, fire, flood, load-shedding, civil unrest, government action, pandemic, network or upstream provider failures, cyber-attack, and industrial action.
15
Cession, assignment, and notices
- Webfast may cede or assign any of its rights and obligations under the agreement to a company in its group or to a bona fide purchaser of all or part of its business on written notice.
- The Client may not cede or assign its rights or obligations without Webfast’s prior written consent.
- All formal notices must be sent to the email addresses recorded in the signed agreement.
- A notice is deemed received on the first business day after successful electronic transmission unless the sender receives an automated delivery-failure notification.
16
Electronic signature (ECTA)
The parties acknowledge that the agreement may be concluded electronically and that an electronic signature is intended as their signature for purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).
The parties consent to this signature method as adequate proof of identity and intention and waive any right to challenge the contract on the ground that it is in electronic form.
17
Governing law and jurisdiction
The agreement is governed by and interpreted under the laws of the Republic of South Africa.
Under section 45 of the Magistrates’ Courts Act 32 of 1944, the parties consent to the jurisdiction of the Magistrates’ Court that otherwise has jurisdiction over the Client, even if the amount in dispute exceeds that court’s jurisdictional limit. This does not prevent Webfast from instituting proceedings in another court of competent jurisdiction.
18
Whole agreement and variation
The contract is the entire agreement between the parties on the subject matter it records and supersedes all prior agreements or understandings.
No variation, addition, deletion, indulgence, or waiver has any force or effect unless it is reduced to writing and signed by both parties.
If a provision is found invalid or unenforceable, the remaining provisions remain in full force.
