These Terms and Conditions govern the provision of website design, development, hosting, maintenance and related digital services by Bizstartz (“Bizstartz”, “we”, “us” or “our”) to the customer (“Client”, “you” or “your”).
By accepting a quotation, making payment, instructing Bizstartz to commence work, or using our services, the Client acknowledges that they have read and accepted these Terms and Conditions.
Quotations and Scope of Work
All work undertaken by Bizstartz will be based on the services and deliverables specified in the quotation provided to the Client. These agreed services and deliverables are referred to as the Scope of Work or Scope.
The quotation will clearly specify what is included in the project.
Any functionality, pages, features, integrations, design changes, content, development or other services requested by the Client that fall outside the agreed Scope will be considered additional work and may be quoted separately.
Bizstartz is not required to perform work outside the agreed Scope unless the additional work and applicable fees have been agreed upon.
Payment Terms
Unless otherwise stated in writing:
- A 50% deposit of the total quoted project amount is required before any work will commence.
- No work will commence before the required payment has been received and cleared.
- Once Bizstartz delivers the first draft of the website, the remaining 50% balance becomes due and payable.
- The final payment is due upon delivery of the first draft and is not dependent on the completion of subsequent changes or revisions that fall within the agreed Scope.
- The website may not be transferred, launched on the Client’s live environment, or otherwise handed over until all outstanding amounts have been paid in full.
Outstanding Payments and Debt Recovery
Where Bizstartz has performed work and an amount due remains unpaid, Bizstartz reserves the right to suspend further work, revisions, updates, support, hosting-related services and/or delivery of the website until the outstanding amount has been settled.
If the Client fails to make the final payment or any other payment when it becomes due, Bizstartz reserves the right to pursue recovery of the outstanding debt and take further lawful action to recover amounts owed.
This may include issuing formal demands for payment, referring the outstanding account to a debt collection service or legal representative, and instituting appropriate legal proceedings where necessary.
Where permitted by applicable South African law, the Client may also be responsible for reasonable debt collection and/or legal costs incurred by Bizstartz in recovering amounts lawfully due.
Failure by Bizstartz to immediately pursue an outstanding amount does not constitute a waiver of Bizstartz’s right to recover that amount at a later stage.
Any alternative payment arrangement must be agreed to in writing.
First Draft and Revisions
The first draft represents Bizstartz’s initial delivery of the website based on the agreed Scope and the information, branding, content and instructions supplied by the Client.
The Client is responsible for reviewing the draft and providing clear feedback.
Revisions requested by the Client must remain within the original Scope.
Requests that introduce new pages, functionality, features, integrations, design requirements or other work outside the agreed Scope may be quoted separately.
The requirement for revisions within the original Scope does not delay or remove the Client’s obligation to make the final payment once the first draft has been delivered.
Client Responsibilities
The Client is responsible for supplying all information and materials reasonably required for Bizstartz to complete the project.
This may include:
- Logos and branding;
- Written content;
- Images and photographs;
- Product or service information;
- Contact information;
- Login details or access credentials;
- Legal information and policies;
- Feedback and approvals; and
- Any other material required for the website.
Project delays caused by the Client’s failure to provide information, content, access, feedback, payment or approval will not constitute a failure by Bizstartz to deliver the project.
Client Content and Copyright
The Client confirms that they have the necessary rights, licences or permission to use any text, photographs, logos, videos, trademarks, graphics or other material supplied to Bizstartz.
Bizstartz will not be responsible for copyright, trademark or other intellectual property claims arising from materials supplied or specifically requested by the Client.
The Client remains responsible for ensuring that the content they provide is accurate, lawful and appropriate for publication.
Refund and Cancellation Policy
If a Client cancels a project before any work has been conducted, the Client will be entitled to a full refund of amounts paid in respect of that work, subject to any lawful non-refundable third-party costs already incurred with the Client’s authorisation.
If work has already commenced and the Client subsequently decides to cancel the project, the refundable amount, if any, will be calculated according to the work already performed and the reasonable time spent on the project up to the date of cancellation.
The value of work already completed may be deducted from payments received before determining the refundable balance.
Where third-party services, licences, domains, hosting services or other costs have already been purchased specifically for the Client and are non-refundable, these amounts may also be deducted where legally permissible.
Any refund agreed upon by Bizstartz will be processed within 21 days from the date on which the refund amount has been agreed.
Refunds will normally be made to the original payment method or another method agreed between Bizstartz and the Client.
Nothing in this Refund Policy is intended to limit any rights a consumer may have under applicable South African law.
Demo Websites and Three-Month Period
Where Bizstartz creates or hosts a website on a temporary or demo domain/environment for Client review, the demo will be retained for a maximum period of three (3) months, unless otherwise agreed in writing.
If the Client does not contact Bizstartz, provide feedback, request changes, make outstanding payments, or provide instructions to proceed within this three-month period, Bizstartz reserves the right to terminate and remove the demo website and/or demo environment.
Where a project has remained inactive for three months due to the Client’s failure to proceed, Bizstartz will not be liable for refunds relating to work already completed, time already spent or costs already incurred, subject to applicable South African law.
Bizstartz is not obliged to retain a backup of an expired or terminated demo website indefinitely.
If the Client later wishes to restart the project after the demo has been terminated, Bizstartz may require the project to be re-quoted and a new payment arrangement entered into.
Project Delays and Inactive Projects
Bizstartz cannot be held responsible for project delays caused by the Client’s failure to provide required content, information, access, feedback, payment or approval.
Where a project becomes inactive because Bizstartz is awaiting the Client, the original delivery timeline may no longer apply.
When the Client returns and wishes to continue the project, the work will be rescheduled according to Bizstartz’s availability.
Projects inactive for three months may be treated in accordance with the demo website provisions above.
Website Updates for Hosting Clients
Clients who host their website with Bizstartz receive up to one (1) hour of website updates per month, unless otherwise specified in their hosting agreement or quotation.
The included hour:
- Applies to reasonable website content updates and minor changes;
- Is limited to one hour during the applicable month;
- Does not accumulate or carry over to future months; and
- Does not include major redesigns, new functionality, new systems, integrations or development outside ordinary website maintenance.
Any work exceeding the included one hour in a particular month will be billed at Bizstartz’s applicable hourly rate.
Where additional work is expected to exceed the included time, Bizstartz may notify the Client and obtain approval for the additional charge before proceeding.
Update and Change Turnaround Times
Standard website changes and update requests generally have a turnaround time of up to 48 hours from receipt of all required information.
The 48-hour turnaround is an estimated standard service period and may be affected by weekends, public holidays, the complexity of the request, third-party services, technical problems, emergencies or circumstances outside Bizstartz’s reasonable control.
Larger development requests or changes outside the original Scope may require a separate delivery timeline.
Hosting
Where Bizstartz provides website hosting, hosting fees, renewal periods, storage limits and other hosting conditions will be communicated separately where applicable.
Bizstartz will take reasonable measures to maintain reliable hosting services but cannot guarantee uninterrupted availability.
Temporary downtime may occur as a result of maintenance, server failures, internet infrastructure, security incidents, third-party service providers or circumstances outside Bizstartz’s reasonable control.
Hosting is an ongoing service and is separate from the once-off website design fee unless expressly stated otherwise in the Client’s quotation.
Domains and Third-Party Services
Domain registrations, renewals, email services, plugins, APIs, software licences, payment gateways and other third-party products or services may be subject to the terms and conditions of their respective providers.
Unless expressly included in the quotation, third-party fees are not included in Bizstartz’s once-off website design price.
The Client is responsible for ongoing renewal fees associated with domains, hosting, licences and third-party services unless otherwise agreed in writing.
Bizstartz cannot guarantee the continued availability, pricing, performance or functionality of third-party services.
Website Compatibility
Bizstartz will take reasonable steps to ensure websites operate correctly on modern mainstream browsers and commonly used screen sizes at the time of development.
Bizstartz cannot guarantee that a website will appear or function identically across every browser, device, operating system, screen size or future software version.
Search Engine Rankings and Results
Where basic search engine optimisation or SEO-related work is included, Bizstartz does not guarantee specific search engine rankings, website traffic, enquiries, leads, sales or other commercial results.
Search engine rankings and advertising platforms are controlled by third parties and may change at any time.
The creation of a website does not constitute a guarantee of business performance, sales or profitability.
Client Approval
The Client is responsible for checking website content, contact details, pricing, spelling, images, links, products, services and other information before approving the website for launch.
Once approval has been provided, changes requested afterwards may be treated as website updates and may be subject to additional charges.
Bizstartz will not be responsible for errors in information supplied or approved by the Client.
Intellectual Property and Ownership
Unless otherwise agreed in writing, ownership of the final website work specifically created for the Client will transfer to the Client once all amounts due to Bizstartz have been paid in full.
Until full payment has been received, Bizstartz retains its rights in the work created for the project to the extent permitted by law.
Bizstartz retains ownership of its pre-existing intellectual property, internal tools, reusable code, development methods, frameworks, libraries and other materials not created exclusively for the Client.
Third-party software, themes, libraries, fonts, images, plugins or other licensed materials remain subject to their respective licence terms.
Portfolio Rights
Unless the Client requests otherwise in writing, Bizstartz may display the completed website, Client name, logo and screenshots of the publicly available website in its portfolio, proposals, social media accounts and other marketing materials for the purpose of demonstrating previous work.
Confidential or non-public Client information will not intentionally be displayed for marketing purposes.
Backups and Data
Where hosting or maintenance services include backups, Bizstartz will take reasonable steps to maintain backups according to its applicable hosting arrangements.
Clients are nevertheless encouraged to retain their own copies of important website content and business data.
Bizstartz cannot guarantee that every version of a website or every item of data can be recovered following data loss, corruption, hacking, third-party failure or other technical incidents.
Website Security
Bizstartz will take reasonable technical measures appropriate to the services being provided to protect websites and systems under its management.
No website, server or online system can be guaranteed to be completely secure.
Bizstartz cannot guarantee that a website will never experience hacking, malware, vulnerabilities, third-party attacks or other security incidents.
Where a security incident occurs as a result of Client actions, compromised Client credentials, outdated third-party software, unauthorised modifications or services outside Bizstartz’s control, additional work required to restore or repair the website may be chargeable.
Limitation of Liability
To the maximum extent permitted by applicable law, Bizstartz will not be liable for indirect, incidental or consequential losses arising from the use or unavailability of a website or service, including loss of profits, business opportunities, data or revenue.
Bizstartz will not be responsible for failures caused by third-party hosting providers, domain registrars, APIs, payment gateways, email providers, software vendors or other services outside Bizstartz’s reasonable control.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by South African law.
Privacy Policy
Bizstartz respects the privacy of its Clients and website users.
Personal information collected by Bizstartz will only be collected, used, stored and disclosed where reasonably necessary for legitimate business purposes, including:
- Providing quotations and services;
- Communicating with Clients;
- Managing website projects;
- Processing and recording payments;
- Providing hosting and support;
- Maintaining business and accounting records; and
- Complying with legal and regulatory obligations.
Bizstartz will take reasonable measures to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.
Bizstartz will not sell Clients’ personal information to third parties.
Protection of Personal Information Act (POPIA)
Bizstartz processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable South African privacy legislation.
Personal information collected and processed by Bizstartz may include, where applicable:
- Names and surnames;
- Business or company names;
- Telephone numbers;
- Email addresses;
- Billing and payment information;
- Website information;
- Project-related information;
- Correspondence; and
- Other information reasonably required for Bizstartz to provide its services.
Bizstartz will endeavour to:
- Process personal information lawfully and for legitimate purposes;
- Collect only information reasonably necessary for the purpose for which it is required;
- Take reasonable steps to protect personal information under its control;
- Restrict access to personal information to persons who reasonably require access;
- Retain personal information only for as long as reasonably necessary or legally required;
- Take reasonable steps to maintain accurate information where necessary;
- Allow data subjects to request access to or correction of their personal information where applicable; and
- Handle suspected personal information breaches in accordance with applicable legal requirements.
Personal information may be shared with service providers where reasonably necessary to provide Bizstartz’s services, including hosting providers, payment processors, domain providers, email providers and other technology suppliers.
Where third parties process personal information on behalf of Bizstartz, reasonable steps will be taken to ensure appropriate protection of that information as required by applicable law.
A person may contact Bizstartz to request access to, correction of, or where legally applicable, deletion of personal information held about them.
Client Websites and POPIA Compliance
Unless specifically included in the Scope, the Client remains responsible for ensuring that their own website, data collection activities and business practices comply with POPIA and any other laws applicable to their business.
The creation of a website by Bizstartz does not constitute legal advice or a guarantee that the Client’s business or website complies with POPIA, the Consumer Protection Act, the Electronic Communications and Transactions Act or other legislation.
Where the Client requires specific privacy functionality, consent mechanisms, cookie management, legal documents or compliance-related development, these requirements must be communicated to Bizstartz and may form part of the Scope or be quoted separately.
Confidentiality
Bizstartz will take reasonable steps to keep confidential any non-public business information supplied by the Client in connection with a project.
This obligation does not apply to information that:
- Is already publicly available;
- Becomes publicly available through no fault of Bizstartz;
- Is independently obtained;
- Must reasonably be shared with a service provider to perform the agreed services; or
- Is required to be disclosed by law.
Suspension of Work or Services
Bizstartz reserves the right to suspend work or services where:
- Payments are overdue;
- Required information has not been supplied;
- The Client has failed to provide necessary feedback or approvals;
- The Client has materially failed to meet their obligations under these Terms; or
- Continuing the work would require Bizstartz to act unlawfully.
Any resulting delay will not be considered a failure by Bizstartz to meet the original project timeline.
Suspension of work due to non-payment does not cancel or reduce amounts already owed to Bizstartz.
Termination
Either party may terminate a project by providing written notice.
Any refund or outstanding amount following termination will be calculated based on work performed, reasonable time spent, expenses incurred, third-party costs and payments already made, subject to these Terms and applicable South African law.
Termination does not remove the Client’s obligation to pay for work already completed or authorised expenses already incurred.
Where the amount owed for work completed exceeds the amount already paid by the Client, Bizstartz reserves the right to invoice the Client for the outstanding amount and pursue recovery of that debt where necessary.
Force Majeure
Bizstartz will not be liable for delays or failure to perform caused by circumstances reasonably outside its control.
These circumstances may include power failures, internet outages, natural disasters, government restrictions, strikes, cyber incidents, civil disruption, failures of third-party infrastructure or other events beyond Bizstartz’s reasonable control.
Communication
The Client is responsible for providing Bizstartz with accurate and current contact information.
Communications regarding the project may take place by email, telephone, WhatsApp or another communication method agreed between Bizstartz and the Client.
The Client should notify Bizstartz if their contact information changes during an active project.
Changes to These Terms
Bizstartz may update these Terms and Conditions from time to time.
The Terms applicable to an existing quoted project will generally be those accepted when the project was initiated unless the parties agree otherwise or a change is required by law.
Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any dispute arising from these Terms or the services supplied by Bizstartz will be dealt with in accordance with applicable South African law and the jurisdiction of the appropriate South African courts or dispute-resolution bodies.
Acceptance of Terms
By accepting a Bizstartz quotation, making the required deposit or other project payment, or instructing Bizstartz to commence services, the Client confirms that they have read, understood and accepted these Terms and Conditions.
Where a quotation contains project-specific terms that differ from these general Terms and Conditions, the project-specific terms contained in the accepted quotation will apply to that project to the extent of the inconsistency.