Terms of Service

Quotations

Quotations are valid for fourteen (14) days from the date of the quotation and are subject to the standard conditions and recognised customs of the web development and hosting industry in South Africa.

All content, text, images, and other relevant information must be supplied in final format by the client. Alterations to a quotation can be made within the 14 days, but any alteration results in a new quotation that overrides the previous one. We reserve the right to amend a quotation if technical requirements change or were not clearly communicated at the outset.

Payment and placing an order

An upfront payment of 50% is due on acceptance of a quotation. We accept payment by cash and electronic transfer. Accepted quotations are added to our schedule the moment the quote is accepted, on a first come, first served basis. This payment confirms your commitment and your approval of the quoted amount.

Payments do not attract interest under any circumstances and are not refundable. We reserve the right to decline a project at our discretion.

Running a project

Any preliminary work produced at the client's request is chargeable. The client must supply all required materials without delay; delays may result in the schedule being adjusted in favour of clients who are ready to proceed. Client property, and property supplied on behalf of the client, is held at the client's risk.

Completion dates are estimates and may vary for reasons inside or outside our control, and we cannot be held responsible for such changes.

Alterations and approvals. Changes can be requested during development, subject to the project's design specification and timeline. Changes that fall outside the agreed scope will be quoted and require your approval before we proceed. You may report any errors or required alterations within seven (7) days of the agreement date. After seven days the work is deemed approved, and later changes are charged according to our estimate.

Progress payments. Once the size of a project is determined, we may issue a progress payment invoice of up to 85% of the total value after you view a demo. Such invoices are due on delivery of the demo.

Specifications. The client is solely responsible for the accuracy of the specification document. Please confirm all features and functionality before signing and before development begins. Misunderstandings raised after completion may be subject to additional charges.

Payment terms

All services and products are provided on a cash on delivery basis. All outstanding fees are payable before delivery of the final product. If we do not hear from you within seven (7) days of a project being completed, we may demand final payment. Third-party delays do not postpone final payment obligations. We do not generally charge by the hour, but where hourly work is unavoidable, for example content or changes added after completion, it is charged at our standard rate of R990 per hour.

Late or overdue payment

When payment is overdue, we may suspend the website without notice and without prejudice to any other legal remedy until payment is received. Where a payment is more than 30 days overdue, a penalty of up to 10% of the quoted price per month may be applied. After 30 days' notice, we may exercise a general lien over client property, dispose of goods and apply the proceeds to the outstanding amount, or cancel the remaining work and recover our losses.

Technical support

Technical support is available on request. Unless covered by a separate support plan, retainer, or hosting agreement, support work is quoted or charged at our standard rate. Support does not cover issues caused where: (a) the source code has been edited or tampered with by the client or a third-party provider, or (b) the website is hosted by a third party and not with The Weblab.

Content you supply

The Weblab takes no responsibility or liability for content provided by the client. It is the client's sole responsibility to ensure that all content provided to us, in any form, is free of copyright infringement or plagiarism.

Copyright and trademarks

The client warrants and unconditionally guarantees that any text, graphics, photos, designs, trademarks, or other artwork supplied to The Weblab for use in web pages is owned by the client, or that the client has permission from the rightful owner to use it. The client agrees to hold harmless, protect, and defend The Weblab from any claim or suit arising from the use of such elements.

Hosting

We reserve the right to review or cancel websites or hosting that place an unreasonable load on our servers. A fair use policy applies to all unlimited packages, and custom terms can be negotiated based on your needs.

Fair use. We offer unlimited bandwidth on our hosting platform, subject to reasonable and responsible use as determined at our discretion. Clients who use excessive bandwidth may be moved to a larger package, with notice of any cost implications.

Disk space. Server disk space is for website content, email, and related system files only. Using it for data storage, archiving, or file sharing unrelated to the website is not permitted, and storing or distributing copyrighted or illegal material is prohibited.

Updates. We may apply security updates, patches, and upgrades (including to PHP, MySQL, and the hosting control panel) at our discretion to maintain performance. We are under no obligation to do so, or to fix any impact such changes may have.

Prohibited activities. Hosting may not be used to run insecure or non-production applications, monopolise server resources, run long-running processes, store back-door shells, mass-mailing scripts, proxies, phishing content, or peer-to-peer software, send bulk or spam mail, run torrent or seed servers, run anonymity services such as TOR, mine cryptocurrency, or otherwise circumvent this acceptable use policy.

Marketing and lead-generation services

For digital marketing and lead-generation services, the following apply in addition to the terms above:

• No lock-in. Monthly services run month to month. You can cancel with 30 days' written notice at any time.
• Advertising spend. Any advertising budget, for example Google or Meta ad spend, is separate from our fees, is paid to the platforms, and is the client's responsibility.
• Access and materials. You agree to provide timely access to the accounts, assets, and information we need to deliver the service.

No guarantee of specific results

We work hard to deliver results, but we cannot guarantee specific outcomes such as a particular search ranking, number of leads, conversion rate, or return on investment. Results depend on many factors, including your market, your offer, and factors outside our control such as changes made by Google, Meta, or other platforms.

Limitation of liability and force majeure

The Weblab gives no warranty, express or implied, regarding the suitability of any goods or services for any particular purpose. We are not liable for any direct, indirect, consequential, or other loss, including loss to third parties.

Our obligations are subject to cancellation or variation due to force majeure, or any cause beyond our reasonable control, including inability to secure labour, materials, power, or supplies, or by reason of war, civil disturbance, riot, state of emergency, strike, lockout or other labour dispute, fire, flood, theft, or legislation.

Governing law

These terms are governed by the laws of the Republic of South Africa, and any dispute will be subject to the jurisdiction of the South African courts.

Contact us

The Weblab (Pty) Ltd
West Coast, Western Cape, South Africa
Email: hello@theweblab.co.za
Phone: 087 223 2282