Terms of Service

By accessing this website, placing an order, or engaging WebAcumen Software Development and Hosting (Pty) Ltd ("WebAcumen", "we", "us") for any service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our services. We reserve the right to update these Terms at any time. We will notify existing clients of material changes. Continued use of our services after notification constitutes acceptance of the updated Terms.

WebAcumen provides software development, web design, web hosting, email hosting, digital marketing, and related digital services. The specific scope, deliverables, timelines, and pricing for each engagement are defined in a separate written proposal and/or service agreement. Services not explicitly included in a written agreement are not part of the engagement and will be quoted separately.

3.1 Invoices are issued in South African Rand (ZAR) unless otherwise agreed. 3.2 Development projects: A deposit (typically 50%) is required before work commences. The remaining balance is due on completion or as specified in the project proposal. 3.3 Monthly services (hosting, retainers, email): Invoices are issued monthly and are due within 7 days of issue. 3.4 Late payments: Accounts overdue by more than 14 days may result in suspension of services. Accounts overdue by more than 30 days may result in termination. Reinstatement fees may apply. 3.5 All prices are exclusive of VAT unless otherwise stated.

4.1 Upon receipt of full payment, WebAcumen assigns to the client ownership of all custom-developed code, designs, and deliverables created specifically for that engagement. 4.2 WebAcumen retains ownership of all pre-existing tools, libraries, frameworks, templates, and proprietary systems used in delivering services. Where third-party software or open-source components are used, their respective licences apply. 4.3 WebAcumen reserves the right to include completed projects in its portfolio and marketing materials unless the client requests in writing that a project remain confidential. 4.4 The client warrants that all content, images, logos, and materials provided to WebAcumen are either owned by the client or that the client has the legal right to use them. WebAcumen accepts no liability for third-party intellectual property infringement arising from client-supplied materials.

5.1 Uptime: We target 99.99% uptime. Scheduled maintenance windows are communicated in advance. Unplanned outages will be remedied as quickly as reasonably possible. 5.2 Backups: We perform daily automated backups. While we take reasonable care, clients are responsible for maintaining their own independent backups for critical data. 5.3 Acceptable use: Hosting accounts may not be used for illegal activity, spam, phishing, cryptocurrency mining, or any activity that materially affects server performance for other clients. Violation may result in immediate suspension. 5.4 Data: WebAcumen is not liable for data loss beyond the most recent backup. Clients should maintain their own offsite backups of critical business data. 5.5 Cancellation: Hosting services may be cancelled with 30 days' written notice. No refunds are issued for partial billing periods.

6.1 Scope: All work is performed against the agreed written scope. Changes to scope during development will be quoted and billed separately as change requests. 6.2 Client responsibilities: Timely feedback, content provision, and sign-off are the client's responsibility. Delays caused by the client may affect project timelines and may incur additional costs. 6.3 Warranties: WebAcumen warrants that delivered software will function as specified for 30 days post-launch (bug-fix warranty). Issues arising from client modifications, third-party changes, or scope outside the original agreement are not covered. 6.4 Third-party services: Where third-party APIs, platforms, or services form part of the deliverable, their continued availability and functionality is outside WebAcumen's control. Changes to third-party platforms post-delivery are not included in the original warranty.

To the maximum extent permitted by South African law: 7.1 WebAcumen's total liability to the client for any claim arising from our services shall not exceed the amount paid by the client in the 3 months preceding the event giving rise to the claim. 7.2 WebAcumen is not liable for indirect, consequential, or incidental damages, including but not limited to loss of revenue, profit, data, or business opportunity. 7.3 WebAcumen is not liable for outages, data loss, or service interruptions caused by force majeure events, third-party providers, or client actions.

Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party in the course of the engagement. This obligation survives termination of the agreement. WebAcumen will not disclose client project details, business information, or data to third parties without written consent, except where required by law.

9.1 Either party may terminate an ongoing service agreement with 30 days' written notice. 9.2 WebAcumen may terminate a service agreement with immediate effect if the client: (a) materially breaches these Terms and fails to remedy the breach within 7 days of notice; (b) fails to pay outstanding amounts within 30 days of due date; or (c) engages in conduct that, in WebAcumen's reasonable opinion, is unlawful, abusive, or damaging to WebAcumen's reputation. 9.3 Upon termination, the client is responsible for all outstanding amounts. WebAcumen will provide reasonable assistance in transferring hosted data to the client or a new provider within 30 days.

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of South Africa. We encourage clients to contact us first to resolve disputes informally before initiating legal proceedings.

11.1 These Terms, together with any written proposal or service agreement, constitute the entire agreement between WebAcumen and the client. 11.2 If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force. 11.3 WebAcumen's failure to enforce any right under these Terms does not constitute a waiver of that right.