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Terms & Conditions
These terms set out how we work together when you engage WebX for design, build, branding, eCommerce or AI-content services. Please read them before starting a project.
Placeholder notice: this is a working draft. Company registration details and contact information are placeholders, and the document still needs review by a qualified South African attorney before publication.
01 About these terms
These Terms & Conditions (“Terms”) form an agreement between you (the “Client”) and WebX Digital Agency (“WebX”, “we”, “us”), a web agency based in Cape Town, South Africa. They apply to every quote, proposal and project unless we agree otherwise in writing.
By accepting a quote, paying a deposit, or instructing us to begin work, you agree to be bound by these Terms together with our Privacy Policy.
02 Quotes & scope
Each project is defined by a written quote or proposal describing the deliverables, timeline and price. Quotes are valid for 30 days. Anything not listed in the quote is out of scope and may be quoted separately.
Prices are quoted in South African Rand (ZAR) and, unless stated otherwise, exclude third-party costs such as hosting, domains, paid fonts, stock media and premium plugins.
Prices published on our website and quoted in ZAR apply to clients based in South Africa. Where a client is based outside South Africa, WebX may quote at international rates that differ from published local pricing, and reserves the right to recover currency conversion, cross-border payment and processing fees. Any such rate will be stated in your quote before work begins.
Where a website is priced on a per-page basis, the per-page fee covers the design and build of a single page containing a reasonable volume of content. The fee relates to the page’s content only. Where the content supplied for a page materially exceeds what WebX considers a reasonable limit for a single page, WebX reserves the right, at its sole discretion, to adjust the fee for that page accordingly. We will notify you of any such adjustment before proceeding with the affected page.
03 Payment
- A deposit is payable before work begins; the amount is set out in your quote.
- For any project with a total fee exceeding R4 000, the deposit is 40% of the total project fee, payable before work begins.
- The balance is due on completion, before final files or the live launch are handed over.
- Ongoing or retainer work is billed monthly in advance.
- Where a project is taken on a monthly plan, the fee is billed monthly in advance for the agreed term, being a minimum commitment of twelve (12) months unless stated otherwise in your quote.
- Invoices are payable within 7 days unless agreed otherwise.
We reserve the right to pause work on overdue accounts. Late payments may accrue interest at the maximum rate permitted under South African law.
Where WebX hosts, publishes or otherwise keeps your website, application or store online on your behalf, its continued availability depends on your account being up to date. If any invoice or monthly payment remains unpaid after its due date, WebX reserves the right, in addition to any other remedy and at its sole discretion, to suspend, take offline or un-publish the website, application or store until the outstanding amount is paid in full. We will give reasonable notice before doing so where practical, but are not obliged to, and WebX is not liable for any loss arising from such suspension or un-publishing.
04 Your responsibilities
To keep projects on schedule, you agree to provide content, brand assets, approvals and feedback in good time, and to ensure you have the right to use any material (text, images, logos, fonts) you supply to us. You indemnify WebX against claims arising from material you provide.
05 Revisions & timelines
A “revision” means a change to the layout or design of work already presented to you. Whether a revision is granted, and how many revisions are permitted, is determined by WebX at its sole and absolute discretion, and depends on the nature and extent of the revision requested. This applies in particular to the website design and eCommerce services.
For the website design service, a maximum of one (1) revision is included. Any revision beyond this, or any change to an approved scope, is billable at our standard rate and must be paid for by the Client.
Timelines are estimates and depend on timely feedback and content from you; delays on your side move the schedule accordingly.
06 Intellectual property
Ownership of final deliverables transfers to you once the project is paid in full. Until then, all work remains the property of WebX. We retain the right to display completed work in our portfolio and marketing unless you ask us in writing not to.
We may use third-party tools, libraries, frameworks and AI services in producing your work; these remain governed by their own licences.
07 AI-generated content
Some of our services — in particular AI Content Creation — produce text, images or other material using artificial-intelligence tools. By its nature, AI-generated content is not perfect and may contain inaccuracies, factual errors, omissions, bias or inconsistencies.
Such content is delivered for your review. You are responsible for checking, editing, fact-checking and approving all AI-generated content before it is published, distributed or otherwise relied upon. WebX is not liable for any consequence of AI-generated content used without such review.
08 Third-party services
Projects may rely on third-party platforms (for example hosting providers, Shopify, payment gateways, analytics or email services). WebX is not responsible for the availability, pricing or policies of these third parties.
09 Confidentiality
In the course of a project, each party may receive confidential information belonging to the other — for example account credentials, business data or unpublished material. Both parties agree to keep such information confidential, to use it only for the purpose of the project, and not to disclose it to others except where required by law or to trusted subcontractors bound by similar obligations.
10 Warranties & liability
We deliver work with reasonable skill and care. Beyond that, services are provided “as is” without further warranty. To the extent permitted by law, WebX’s total liability for any claim is limited to the fees you paid for the project in question. We are not liable for indirect or consequential loss, including lost profits or data.
Nothing in these Terms limits any rights you have under the Consumer Protection Act.
11 Force majeure
Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control — including but not limited to load-shedding or power failure, loss of connectivity, acts of government, natural disaster, or the failure of third-party services. Affected obligations are suspended for the duration of the event.
12 Termination
Either party may end a project in writing. If you cancel, you remain liable for work completed up to that date and any non-refundable third-party costs already incurred. Deposits are non-refundable once work has begun.
13 Changes to these Terms
We may update these Terms from time to time. The version that applies to your project is the one published on our website, or otherwise provided to you, at the time your quote is accepted. The date of the latest revision is shown at the top of this page. Continuing to instruct work after a change takes effect constitutes acceptance of the updated Terms.
14 General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of it. These Terms, together with the applicable quote and our Privacy Policy, form the entire agreement between the parties and supersede any prior discussions or understandings.
15 Governing law
These Terms are governed by the laws of the Republic of South Africa, and any dispute falls under the jurisdiction of the South African courts.
16 Contact
Questions about these Terms? Email us at hello@webxagency.co.za or use our contact page.