These Terms & Conditions apply to the website design, hosting, maintenance and related services supplied by Wiehahn Web Designs. By accepting a quotation, purchasing a package, making payment for a service or subscribing to an ongoing service, the client confirms that they have read, understood and agreed to these Terms & Conditions.
This page includes the Privacy Policy, Refund & Cancellation Policy and Hosting Terms of Service.
1. Services
1.1 We provide website design and development, website hosting, maintenance, technical checks, minor website changes and related support.
1.2 The services included for a particular client are determined by the package or quotation accepted by that client.
1.3 Work falling outside the agreed package or quotation may be charged separately. We will communicate this to the client before carrying out additional chargeable work.
2. Website Design
2.1 We will build the website according to the scope agreed with the client and the information and material made available to us.
2.2 The client is responsible for checking that the information supplied for the website is correct.
2.3 A request that substantially changes the agreed layout, content, structure or functionality of the website may be treated as additional work and quoted separately.
2.4 We may use third-party technology, infrastructure and service providers where reasonably necessary to provide our services.
3. Client Content, Images and Permission to Use Material
3.1 The client remains responsible for the text, photographs, logos, branding, personal information and other material that the client supplies or identifies for use on the website.
3.2 By purchasing or using our services, the client authorises Wiehahn Web Designs to use, reproduce, resize, crop, edit and publish material supplied by the client for the purpose of designing, publishing, hosting and maintaining the client's website.
3.3 This authorisation also applies to photographs, images and other content that the client identifies or makes available on the client's own business social-media accounts for use on the website. Where the client asks us to use, or approves the use of, such material, the client consents to its use for the website.
3.4 The client confirms that it has the necessary ownership, permission, consent or other lawful authority to provide or identify that material and to authorise its use on the website. This includes any necessary permission relating to identifiable people appearing in photographs.
3.5 The client must tell us if particular material on its social-media accounts may not be used. We will not knowingly use material after the client has told us that it is not authorised for website use.
3.6 The client is responsible for claims arising from material supplied or specifically identified by the client where the client did not have the necessary rights, permissions or authority to use that material, subject to applicable law.
3.7 We may also use appropriately licensed, generated or otherwise lawfully sourced visual material when creating a website.
4. Domain Names
4.1 Where a domain name is purchased for a client and the client pays the applicable domain cost, the domain is acquired for the client's benefit and is to remain under the client's ownership or control, subject to the rules and procedures of the applicable domain registrar.
4.2 Payment for the domain name is separate from ownership of the website design, source code and development files.
4.3 Cancellation of hosting does not transfer ownership of the client's domain to Wiehahn Web Designs.
4.4 Where reasonably required after cancellation, we will cooperate with the client in transferring control of the domain or providing the information reasonably necessary for the client to manage the domain, subject to any outstanding domain-related charges and the applicable registrar's requirements.
4.5 The client is responsible for future domain renewal costs unless a package or written agreement expressly states otherwise.
4.6 Where the Complete Annual package includes a domain for the initial 12 months, it is registered for the client’s benefit and remains under the client’s ownership or control. Subsequent renewal charges are confirmed separately.
5. Ownership of the Website
5.1 Unless we expressly agree otherwise in writing, Wiehahn Web Designs retains ownership of the website design, layout, HTML, CSS, JavaScript, source code, development files and other original technical or design work created by us.
5.2 Payment for website design, hosting, maintenance or another package gives the client the right to use the completed website while the applicable service arrangement remains in force. It does not constitute the sale or transfer of the underlying source code or development files.
5.3 The client retains its rights in material that it supplied to us, including its own branding, logos, text and photographs, subject to any third-party rights that may apply.
5.4 Third-party software, fonts, images, libraries and other material remain subject to the rights and licence terms of their respective owners.
5.5 Unless expressly agreed otherwise in writing, we are not required to provide the client with HTML files, CSS files, JavaScript files, source code, development files or other underlying website files when hosting or another service ends.
5.6 Nothing in this section transfers ownership of the client's domain name to Wiehahn Web Designs.
6. Hosting Terms of Service
6.1 Where hosting forms part of a package, we will arrange and manage the hosting needed to keep the client's website online.
6.2 The underlying hosting infrastructure and related technical services may be supplied by third-party service providers.
6.3 We do not guarantee that a website will be available 100% of the time. Downtime may occasionally result from maintenance, technical faults, network interruptions, security incidents, third-party outages or circumstances outside our reasonable control.
6.4 A client may not use a website hosted through us for unlawful, fraudulent or malicious activities, or for content prohibited by South African law.
6.5 Hosting is provided on a reasonable-efforts basis. No numerical uptime service-level agreement or automatic service credit is included unless expressly agreed in writing. We will take reasonable steps to investigate and assist with reported outages.
6.6 Clients must keep their contact information current, protect any access credentials provided to them, retain copies of content they supply and promptly report suspected misuse. Hosting capacity and any agreed technical limits are confirmed in the quotation; unlimited storage, bandwidth or email are not implied.
6.7 SSL, malware scanning and DDoS protection are hosting safeguards, not a guarantee that incidents cannot occur. Website files are backed up as standard practice to support recovery. Any specific backup frequency, retention period or restoration timeframe will be confirmed separately where required.
7. Maintenance and Changes
7.1 Maintenance and website changes are provided only to the extent included in the client's package.
7.2 Where minor changes are included, they may cover reasonable changes to existing text, images, contact details, links and similar website content.
7.3 A complete redesign, additional pages, substantial new sections, advanced functionality or extensive content changes are not minor changes and may be quoted separately.
7.4 Maintenance is intended to help keep the website functioning properly. It does not amount to a guarantee that the website will never experience downtime, faults or security issues.
8. Fees and Payment
8.1 The price and billing cycle applicable to a service will be communicated to the client before the service is purchased or activated.
8.2 Price: Essential Hosting: R199 p/m; Active Support: R399 p/m; Complete Annual: R3 999 for 12 months. Separately quoted work is charged at the accepted quotation price.
8.3 Billing date: The billing date is confirmed in the accepted quotation or subscription confirmation before service activation.
8.4 Where a monthly recurring subscription is selected, the client authorises the agreed monthly payment until cancellation takes effect. Complete Annual is paid upfront and does not authorise an automatic charge for a further annual period.
8.5 If an amount remains unpaid, we may suspend the affected hosting, maintenance or support service after appropriate notice, subject to applicable law.
9. Refund and Cancellation Policy
9.1 A client may request cancellation by contacting us at wiehahndelange1@gmail.com.
9.2 Monthly hosting plans may be cancelled at any time. The current billing month remains payable and hosting continues until the end of that paid month. Cancellation stops subsequent monthly renewal charges, subject to any statutory refund or cancellation rights.
9.3 Payment already properly charged for a service period that has started is not automatically refundable merely because the client cancels during that period. This is subject to any rights the client has under South African law.
9.4 If a website design project is cancelled after work has started, we may charge for work reasonably completed and costs already incurred, subject to applicable law.
9.5 Where a refund is legally due, the amount will take into account work already completed, services already provided and legitimate third-party costs already incurred.
9.6 Incorrect or duplicate payments should be reported to wiehahndelange1@gmail.com or 066 028 6350. Where an incorrect duplicate payment is confirmed, the appropriate refund will be arranged.
9.7 Once hosting ends, the website may be taken offline after the applicable paid hosting period or notice period has ended.
9.8 Cancellation of hosting does not cancel or transfer the client's ownership or control of a domain name paid for by the client.
9.9 Ending the hosting service does not require Wiehahn Web Designs to transfer or provide the website source code or development files unless this has been separately agreed in writing.
9.10 Nothing in these Terms removes a cancellation, refund or other consumer right that cannot lawfully be excluded.
9.11 To cancel, email the business name, website address and service to be cancelled. We will confirm receipt, the effective date, any final balance and the treatment of prepaid amounts. Monthly cancellation takes effect at the end of the current paid billing month. A standard cancellation of Complete Annual schedules hosting to end at the close of the prepaid 12-month period; it does not trigger a new annual renewal charge. This does not restrict a statutory right to earlier cancellation or a refund.
9.12 For a prepaid annual package, ordinary end-of-period cancellation leaves hosting available for the remainder of the prepaid term. Where earlier cancellation or a refund is required by law, the calculation takes account of services provided, work reasonably completed and legitimate non-recoverable third-party costs. The same assessment applies to a cancelled design project. Any deduction or cancellation charge must be reasonable and lawful, with an itemised calculation supplied. There is no blanket forfeiture of a prepaid amount where a refund is legally due.
9.13 Where section 14 of the Consumer Protection Act applies to a fixed-term agreement, the client may cancel on 20 business days’ recorded notice, subject only to a reasonable lawful cancellation charge. Applicable cooling-off rights, rights relating to defective or unperformed services and statutory refund deadlines take precedence over this policy.
9.14 Confirmed refunds will be arranged through the original payment method where possible. We will communicate the amount and expected processing time; no stated processing time overrides a legal deadline.
10. Client Responsibilities
10.1 The client must provide accurate information and the content reasonably required to complete or maintain the website.
10.2 The client must ensure that it has the necessary rights and permissions for material supplied or identified for use on the website.
10.3 The client is responsible for reviewing and approving the website content and for telling us when important information needs to be corrected.
10.4 The client must keep its contact and billing information up to date and pay agreed fees when due.
10.5 The client should notify us promptly if it becomes aware of a material problem with the website.
11. Privacy Policy and POPIA
11.1 We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
11.2 For information that we collect for our own business purposes, we may process a client's name, business name, email address, telephone number, billing and payment-related information, communications with us and other information reasonably required to provide and administer our services.
11.3 We use this information to provide and manage our services, communicate with clients, process payments, provide support, maintain business records and comply with legal obligations.
11.4 We do not sell clients' personal information.
11.5 Personal information may be shared with hosting, payment, domain, technology or other service providers where this is reasonably necessary to provide our services.
11.6 Some service providers may process or store information outside South Africa. Where applicable, personal information will be handled in accordance with the requirements of POPIA relating to cross-border processing.
11.7 We take reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access or disclosure. No internet-based system can, however, be guaranteed to be completely secure.
11.8 Personal information is kept only for as long as reasonably necessary or as required or permitted by law.
11.9 Where we process personal information on behalf of a client in connection with that client's website, the client remains responsible for determining the purpose for which the information is processed. We will process that information only as authorised by the client, as reasonably required to provide the agreed services, or as required by law.
11.10 Where we act as an operator for a client under POPIA, we will treat personal information as confidential and apply reasonable security measures appropriate to the services we provide.
11.11 If we become aware of reasonable grounds to believe that personal information processed by us on behalf of a client has been accessed or acquired by an unauthorised person, we will inform the client as required by applicable law.
11.12 Subject to POPIA, a person may request access to or correction of personal information held about them and may exercise other rights available under applicable data-protection law.
11.13 Privacy enquiries may be sent to wiehahndelange1@gmail.com.
12. Third-Party Services
12.1 We may rely on third-party providers for hosting, payment processing, domain services and other technical services.
12.2 Some interruptions or technical issues may therefore be outside our direct control. Where appropriate, we will take reasonable steps to assist with an issue affecting a service that we manage.
12.3 We cannot guarantee the uninterrupted operation or continued availability of an independent third-party service.
13. Liability
13.1 We will provide our services with reasonable care. To the extent permitted by law, we are not responsible for indirect or consequential losses caused by website downtime, third-party service failures or circumstances outside our reasonable control.
14. Suspension or Termination
14.1 We may suspend or terminate a service if payment remains outstanding, the client materially breaches these Terms, the website is used unlawfully, continued service creates a material security risk, or we are required by law to do so.
14.2 Where reasonably appropriate, we will give the client notice before suspending or terminating a service.
14.3 When hosting terminates, the website may be removed from the hosting service and cease to be publicly accessible. The client's domain remains separate and is dealt with in accordance with section 4.
15. South African Law
15.1 These Terms are governed by the laws of the Republic of South Africa.