TERMS AND CONDITIONS
Web Create Group (Pty) Ltd
- Introduction
These Terms and Conditions (“Terms”) govern the relationship between Web Create Group (Pty) Ltd, registration number 2025/595845/07 (“Web Create”, “we”, “us” or “our”), and any person, business or organisation purchasing, subscribing to, accessing or using services supplied by Web Create (“Client”, “you” or “your”).
By accepting a quotation, placing an order, signing a Service Schedule, making payment for a Service, activating an account, or continuing to use a Service, the Client agrees to be bound by these Terms and all policies and service-specific terms incorporated into the Agreement.
- Company Details
Legal Entity: Web Create Group (Pty) Ltd
Registration Number: 2025/595845/07
Physical Address: Unit 3, 1 Bolton Road, Voorbaai, Mossel Bay, Western Cape, South Africa
Office: 044 001 1123
Support: 066 150 6666
Administration and Accounts:
Technical Support:
Privacy, POPIA and PAIA:
- Agreement Structure
The agreement between Web Create and the Client (“Agreement”) may consist of:
- a signed Client Service Schedule or specifically negotiated agreement;
- an accepted quotation, proposal or Service Order;
- an applicable Service Level Agreement (“SLA”);
- service-specific terms;
- the Hosting, Domain and Email Terms;
- the Acceptable Use Policy (“AUP”);
- these Terms and Conditions;
- the Privacy and POPIA Policy; and
- any other document expressly incorporated into the Agreement.
Where provisions conflict, a specifically negotiated and signed Client Service Schedule takes precedence over a general provision, but only in respect of the matter expressly modified.
No SLA entitlement, uptime commitment, guaranteed response time, development allocation or other enhanced service level applies unless expressly included in the Client’s package, quotation, Service Schedule or signed agreement.
- Services
Web Create may provide services including:
- website design and development;
- website hosting and managed hosting;
- VPS and server services;
- domain registration and management;
- DNS services;
- SSL/TLS management;
- business email;
- website maintenance;
- cybersecurity;
- backup services;
- technical monitoring;
- SEO;
- Google Business Profile services;
- digital marketing;
- analytics and reporting;
- graphic design and digital content;
- e-commerce;
- automation;
- workflow systems;
- APIs and systems integration;
- AI-enabled services;
- database systems;
- file and data services;
- technical support; and
- other IT or digital services agreed with the Client.
Only Services expressly included in the applicable quotation, package, invoice, order or Service Schedule are included.
- Quotations and Orders
Quotations are valid for the period stated on the quotation.
A quotation or proposal may be accepted by:
- written or electronic acceptance;
- signature;
- payment of a deposit or initial invoice;
- placing an order; or
- instructing Web Create to commence work.
Work outside the agreed scope may be separately quoted or charged at the applicable rate.
- Client Responsibilities
The Client must:
- provide complete and accurate information;
- provide required content, credentials and approvals;
- maintain current authorised contact information;
- respond reasonably promptly where Client input is required;
- maintain secure credentials;
- ensure authorised users appropriately protect account access;
- possess the necessary rights to all content supplied to Web Create;
- comply with applicable laws;
- comply with the AUP;
- pay amounts when due;
- review work submitted for approval;
- notify Web Create promptly of suspected compromise or security incidents; and
- maintain appropriate internal controls over its employees, contractors and users.
Web Create is not responsible for delays resulting from missing Client information, approval, payment, access or instructions.
- Fees and Payment
Fees are specified in the applicable quotation, invoice, package or Service Schedule.
Recurring Services are billed according to the agreed billing cycle.
Payment must be made by the invoice due date.
Where permitted by law, reasonable collection expenses and applicable interest may be charged on overdue amounts.
The Client remains liable for undisputed amounts incurred before cancellation or termination.
- Pricing Changes
Web Create may reasonably adjust recurring fees due to factors including:
- infrastructure costs;
- software licensing;
- domain registry pricing;
- supplier increases;
- exchange-rate changes;
- regulatory requirements;
- security costs;
- third-party platform pricing;
- changes to the Client’s requirements; or
- general annual price adjustments.
Notice will be provided where reasonably practicable and where required by law.
- Non-Payment
Where an account becomes overdue, Web Create may, subject to applicable law and the Agreement:
- restrict support;
- suspend hosting;
- suspend email;
- suspend websites;
- suspend development;
- suspend managed services;
- suspend automation or API systems; or
- suspend other affected Services.
Suspension does not automatically cancel the Agreement or extinguish outstanding payment obligations.
- Website Development
Website and software development is limited to the agreed scope.
Unless expressly included, the following may constitute additional work:
- substantial redesign;
- new functionality;
- custom software;
- new integrations;
- substantial database changes;
- major content entry;
- third-party migrations;
- custom API development; and
- functionality requested after approval.
Delivery dates may depend on Client cooperation and third-party availability.
- Changes and Approval
The Client must review deliverables submitted for approval.
Approval may be provided electronically.
Changes requested after approval may constitute additional work.
- Intellectual Property
12.1 Client Material
The Client retains rights to its pre-existing:
- trademarks;
- logos;
- photographs;
- text;
- data;
- databases;
- documents; and
- other material supplied to Web Create.
12.2 Web Create Intellectual Property
Web Create retains ownership of its pre-existing and reusable:
- source code;
- software;
- code libraries;
- frameworks;
- templates;
- scripts;
- automation components;
- AI configurations;
- development tools;
- processes;
- methodologies;
- documentation;
- know-how; and
- systems.
12.3 Client-Specific Deliverables
Ownership and licensing of custom deliverables are determined by the applicable quotation or Service Schedule.
Transfer of agreed ownership rights may be conditional upon full payment.
12.4 Third-Party Products
Third-party software, themes, plugins, fonts, photographs, APIs and other products remain subject to their respective licences and terms.
- Hosting, Domains and Email
Hosting, domains, DNS and email are additionally governed by the Web Create Hosting, Domain and Email Terms.
- Acceptable Use
All Clients must comply with the Web Create Acceptable Use Policy.
- Service Levels
Service levels depend on the package purchased.
Unless an SLA is expressly included, support is provided on a reasonable-efforts basis and Web Create makes no contractual commitment to a particular response, restoration or resolution time.
- Backups
Backup services vary according to package.
Unless expressly specified, Web Create does not guarantee a particular:
- backup frequency;
- retention period;
- recovery point;
- recovery time; or
- successful restoration.
Clients should maintain independent copies of business-critical information unless Web Create has expressly contracted to assume that responsibility.
- Security
Web Create implements reasonable security measures appropriate to the Services.
No internet-connected system can be guaranteed to be completely secure.
Where Web Create reasonably suspects compromise or an immediate security threat, it may take protective action including:
- blocking access;
- resetting credentials;
- disabling SMTP;
- quarantining files;
- removing malicious files;
- disabling vulnerable software;
- isolating an account;
- blocking network traffic; or
- temporarily suspending affected Services.
- Third-Party Services
Web Create Services may depend on third-party providers including:
- domain registries;
- data centres;
- cloud infrastructure;
- software vendors;
- payment gateways;
- certificate authorities;
- Google;
- Meta;
- Microsoft;
- WhatsApp;
- external APIs; and
- telecommunications providers.
Web Create cannot guarantee the continued availability, pricing, policies or functionality of independently controlled third-party systems.
- AI and Automation
Web Create may provide AI-enabled and automated systems.
AI output may contain inaccuracies.
The Client should maintain appropriate human oversight over business-critical decisions unless Web Create has expressly contracted to provide such oversight.
Web Create does not intentionally use Client confidential information to train publicly available AI models unless authorised or otherwise lawfully agreed.
- SEO and Digital Marketing
Web Create does not guarantee:
- search rankings;
- website traffic;
- enquiries;
- sales;
- advertising approval;
- Google Business Profile approval;
- social-media reach; or
- continued placement on third-party platforms.
- Confidentiality
Each party must reasonably protect confidential information received from the other and use it only for legitimate purposes connected with the Agreement unless disclosure is authorised or legally required.
- Personal Information
Personal information is processed in accordance with the Web Create Privacy and POPIA Policy and applicable South African law.
- Limitation of Liability
To the maximum extent permitted by law, Web Create is not liable for indirect, consequential or special loss, including loss of profits, revenue, opportunity or anticipated savings.
Nothing in these Terms excludes rights or liability that cannot lawfully be excluded.
Where an applicable SLA provides service credits, those credits constitute the contractual remedy for the relevant SLA failure, subject to applicable law.
- Indemnity
To the extent permitted by law, the Client indemnifies Web Create against third-party claims resulting from:
- unlawful Client content;
- infringement caused by Client-supplied material;
- unlawful use of Services;
- Client breach of the AUP;
- Client instructions; or
- activities performed through the Client’s account.
- Cancellation
Cancellation terms may vary by Service and Client type.
Where the Consumer Protection Act or other applicable legislation grants the Client cancellation rights, those rights remain unaffected.
Any cancellation fee imposed where permitted by law must comply with applicable legal requirements.
- Termination and Data
Following termination:
- outstanding amounts remain payable;
- Services may cease;
- included software licences may terminate;
- Web Create management responsibilities end;
- hosted information may be deleted in accordance with the Hosting Terms; and
- the Client should arrange migration/export before termination.
- Force Majeure
Neither party is liable for failure caused by circumstances reasonably beyond its control.
- Governing Law
The Agreement is governed by the laws of the Republic of South Africa.