Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between Elamilanga Web Design (Registration Number: 2016/3390/23), based in Boksburg, Gauteng, South Africa ("Elamilanga", "we", "us", "our") and the individual or entity engaging our services ("Client", "you").

By signing a Service Agreement, accepting a written quotation, or making a payment towards our services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not proceed with our services.

These Terms must be read together with any signed Service Agreement and written quotation, which together form the complete agreement between the parties. In the event of a conflict between documents, the signed Service Agreement shall take precedence over these Terms.

Elamilanga Web Design provides professional website design, development, and related digital services to businesses across South Africa. The specific scope of each project is defined in the signed Service Agreement.

The following once-off package options are available:

All prices are quoted in South African Rand (ZAR). Custom packages are available on request. The agreed package and price are confirmed in the signed Service Agreement. Prices are subject to change; however, any price agreed in a signed Service Agreement will be honoured for the duration of that project.

Regardless of the package selected, the following services are included in the once-off package price at no additional cost:

• Website Hosting: 12 months of website hosting, commencing from the date the website is officially live and delivered to the Client.
• Business Email Addresses: Branded business email addresses (e.g. name@yourdomain.co.za) as per the capacity of the selected package. Full details are provided in the signed Service Agreement.
• Security Maintenance: Core security updates and software patches maintained by Elamilanga for the duration of the initial 12-month hosting term.
• Basic On-Page SEO: Optimised page titles, meta descriptions, keyword integration, mobile-optimised performance, and Google search visibility setup. This is foundational SEO and does not guarantee specific search rankings.
• Google Business Profile: Creation of a Google Business Profile on behalf of the Client. The Client may be required to verify the listing directly with Google before it goes live.
• Domain Registration: Domain registration included for the first year, subject to the agreed domain being available. Domain renewal after the initial term is the Client's responsibility unless otherwise agreed in writing.

Full details of what is included per package are available on our Services page and will be outlined in the signed Service Agreement.

To keep the website online after the initial 12-month hosting period, an annual hosting renewal fee is required.

Delivery is defined as the point at which the website is live on the agreed domain and the Client has been provided with access credentials or a final walkthrough of the completed website.

Any changes requested after Delivery fall outside the original project scope and will be billed separately:

Changes that fall within the originally agreed project scope will be completed at no additional cost during the active project phase. All changes requested after Delivery are billed at the rates above.

The Client agrees to the following responsibilities to ensure the project proceeds efficiently and on schedule:

• Content Provision: The Client must provide all required text, images, logos, and branding assets in a reasonable and timely manner. Delays in providing content may delay the project live date. Elamilanga accepts no liability for delays caused by late content delivery.
• Content Accuracy: The Client is responsible for ensuring all content supplied (business details, pricing, products, images, etc.) is accurate, current, and complies with applicable South African law, including the Consumer Protection Act 68 of 2008.
• Third-Party Materials: The Client warrants that all images, logos, or other materials supplied are owned by, or properly licensed to, the Client. Elamilanga will not be held liable for any copyright infringement arising from Client-supplied materials.
• Point of Contact: The Client agrees to nominate a single point of contact for feedback and approvals. Feedback must be provided within a reasonable timeframe to prevent project delays.
• Revisions: The project includes up to two rounds of design revisions as specified in the Service Agreement. Additional revision rounds beyond this will be billed at the post-delivery hourly rate.
• Google Verification: Where a Google Business Profile is created on the Client's behalf, the Client acknowledges they may need to complete Google's own identity verification process before the listing is published. Elamilanga cannot complete this verification on the Client's behalf.

All payments are to be made in South African Rand (ZAR) via the payment method agreed in the signed Service Agreement.

Upon receipt of full and final payment, the following ownership rights apply:

• Client Content: All text, images, and materials supplied by the Client remain the sole property of the Client.
• Website Design: The completed website design and bespoke development work, to the extent it does not incorporate third-party licensed components, is transferred to the Client upon full payment.
• Third-Party Components: The website may incorporate third-party software, themes, plugins, fonts, or stock imagery, each subject to their respective licence terms. The Client agrees to comply with applicable third-party licences. Elamilanga will advise on any material licence restrictions relevant to the project.
• Pre-Payment: All work produced by Elamilanga remains the intellectual property of Elamilanga until full payment is received. The Client may not publish, distribute, or use any work produced prior to full payment being made.
• Portfolio Rights: Elamilanga reserves the right to display the completed project in its portfolio and to reference the Client's business name as a completed client, unless the Client requests otherwise in writing within 14 days of Delivery.

Elamilanga warrants that all services will be performed with reasonable professional skill and care, in accordance with generally accepted web design and development standards.

The following disclaimers apply:

• Search Engine Rankings: Elamilanga does not guarantee any specific search engine rankings, traffic volumes, or positions on Google or any other platform. While on-page SEO foundations are included in every package, organic rankings are determined by third-party algorithms beyond our control.
• eCommerce Performance: For eCommerce websites, Elamilanga does not guarantee any specific sales volumes, conversion rates, or revenue outcomes.
• Hosting Uptime: Website uptime and performance are subject to the terms of the hosting provider. Elamilanga accepts no liability for downtime or performance issues caused by the hosting provider.
• Browser Compatibility: Websites are tested across commonly used modern browsers (Chrome, Safari, Firefox, Edge) and mobile devices. Compatibility with legacy or niche browsers is not guaranteed.
• Published Content: Elamilanga is not responsible for the accuracy of Client-supplied content once published. The Client is solely responsible for ensuring all published content is accurate and legally compliant with South African law.

To the maximum extent permitted by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, Elamilanga's total liability to the Client in connection with any services shall not exceed the total amount paid by the Client for the specific service giving rise to the claim.

Elamilanga shall not be liable for any of the following, whether arising in contract, delict, or otherwise:

• Loss of revenue, anticipated profits, or business income
• Loss of business contracts, opportunities, or goodwill
• Loss of data or corruption of data stored on any system
• Indirect, consequential, or special damages of any kind
• Damages arising from the Client's use or misuse of the delivered website
• Damages arising from third-party hosting provider failures, outages, or security breaches

Nothing in these Terms excludes or limits liability for death or personal injury caused by our gross negligence, for fraudulent misrepresentation, or for any liability that cannot lawfully be excluded under South African consumer protection legislation.

Either party may terminate this agreement by providing 14 days' written notice to the other party at the contact details specified herein.

• Client-Initiated Termination: If the Client terminates after work has commenced, the 25% commencement fee is non-refundable. Work completed at the point of termination will be invoiced at a pro-rata rate, with the commencement fee credited against the total.
• Elamilanga-Initiated Termination: If Elamilanga terminates due to the Client's material breach of these Terms (including non-payment, failure to provide required content, or abusive conduct), the commencement fee will be retained and completed work will be invoiced accordingly.
• Effect of Termination: All work in progress will cease on the termination date. Completed website assets will be transferred to the Client only upon full settlement of any outstanding invoices.
• Hosting Termination: The Client may cancel hosting services at any time with 30 days' written notice. Prepaid hosting fees are non-refundable on a pro-rata basis unless otherwise agreed in writing.

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the jurisdiction of the courts of Boksburg, Gauteng, South Africa.

Before initiating formal legal proceedings, both parties agree to make reasonable good-faith efforts to resolve any dispute through direct negotiation. Should negotiation fail, either party may refer the matter to mediation or arbitration under the auspices of the Arbitration Foundation of Southern Africa (AFSA) before resorting to litigation.

For any queries regarding these Terms and Conditions, please contact us: