Terms and Conditions

Terms and conditions – updated on 2024/02/28 and applies to anyone making use of the Webillism services.

Terms will be updated as required. No notice will be sent of terms changes.

  • Webillism will not be responsible or liable for hosting, hosting failure, 3rd party failure or changes to systems, API’s or deletion anything that’s out of Webillism control.
  • Any changes made by the client after sign-off and hand over that may cause the website to break of files to corrupt will not be the responsibility of Webillism
    Any faults related to hosting, security certificates or email or the security of the usernames or password will not be the responsibility of Webillism.
  • Webillism will not be liable for any unforeseen time constraints due to hosting or content or client hold-ups, malfunction or unavailabilities
  • Prices subject to change. No notice of price updates will be sent.

Country of domicile.

This website is governed by the laws of South Africa and Webillism chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 6A, 8thAvenue, Parktown North, Johannesburg, South Africa, 2193

Variation.

Webillism may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information.

This website is owned and run by ABF STEYN (sole trader) based in South Africa trading as
Webillism

Webillism contact details.

Company Physical Address: 6A, 8thAvenue, Parktown North, Johannesburg, South Africa, 2193.
Email: derek@webillism.com Telephone: +27 76 547 0739

Explanation and details of the entire service.

Here we take a deep dive into the terms of the service and some more in depth details. We keep this page updated so feel free to always refer to this page. If you have any questions please contact us for more information start a new request

Office Service Hours.

Maintenance, Updates, Upgrades & Support, Advanced tasks, Advice and our Professional service will be available:

 

  • Monday to Thursday: 9am to 4pm
  • Fridays from: 9am to 12pm

Confidentiality.

At Webillism we recognise and respect the importance of maintaining the privacy and security of our customer information. We are committed to handling your confidential information with care and respect and we are dedicated to safeguarding any data you share with us to the best of our ability. We reinforce this commitment by signing Non-Disclosure Agreements (NDAs) with our clients that requires it. This legally binding contract sets our commitment to protecting your ideas, artwork, strategies and or any other proprietary data. Your information is secure with Webillism. If you would like to requiest and sign an NDA agreement or if you have any questions or concerns regarding our confidentiality practices please email us at support@webillism.com

It’s then agreed by all parties that in order to deliver the Webillism services we require access to confidential information such as admin access to your website and hosting. As it’s not in the service scope to access personal data or website data we still sometimes need to download information in order to do our job. Some examples of these instances are but not limited to: When data is migrated from one domain to another domain When data is backed up on cloud services example (Google DRIVE, OneDrive, DropBox etc)

Accordingly, Webillism and you the client agrees and undertakes that confidential information of the client may be used by Webillism only in connection with the relevant service request. Confidential information as stated above and beyond will be kept in the strictest confidence and will not be disclosed or shared to any 3rd party except with prior written approval via email form you the client except on directive or subpoena issued by any competent court or authority.

Refund and Return Policy.

Webillism’s refund policy is a fair and transparent process should the need to cancel arise. No Refunds on any Monthly Services or Standard Website Packages and or on any monthly subscriptions.

On projects that requires a 50% deposit.

The deposit is refundable after 3 days of payment. After 3 work days this deposit will not be refundable. We believe is good old fashioned client service and we try really hard to give an exceptional customer experience.

All support, maintenance, management, redesign services and related plans services and products.

For all services. For any work to be done we have to assume that the website is active, that we are able to access the website and be able to successfully login on the WordPress dashboard, all access to the hosting server is available and that the website can be changed or updated. In the case that we are unable to work on the website for whatever reason 60% of the payment will be refunded.

No commitment cancel at any time. On cancellation Your card won’t be billed again. Access your account to manage your profile and subscription on your dashboard or email support@webillism.co.za

Website ownership and access.

All websites with exception to the Monthly Packages and hosting packages and all managed services. Full admin access and complete handover of the website will be given as soon as the sign off process and the final balance was paid and completed. The website will then be migrated to the live domain. This is your website and you have full access and in full control of your website. The website will be developed on our development server until signed off and final balance is paid.

Monthly managed packages overship and access.

Webillism reserves all rights over work files and website access, source files, databases and owns full ownership of the website and design. Managed products clients will NOT HAVE ACCESS AT ALL to the Control Panel, Database or FTP, unless otherwise agreed to. Please contact support support@webillism.co.za for any help or information you might need we are happy and quick to assist.

Renewal and Payment.

  • By subscribing to a Webillism monthly managed plan you agree to pay Webillism the monthly subscription cost indicated. (This includes custom solutions and negotiated solutions mentioned and includded in ohter communications). Subscription payments will be charged on a pre-pay basis from the start of the account. If you Upgrade your service the new payment will be due on the next billing date. Payments are not refundable.

Automatic Renewal.

  • Unless you cancel your account manually or notify Webillism of cancellation before the billing date of the subscription your subscription will automatically renew and you hereby authorise us and give us permission to collect the due subscription fee using any credit card or other payment methods we have available. Subscriptions can be canceled manually on your dashboard or you are welcome to email support@webillism.co.za and request a cancellation.

Invoice & Bill Payments.

  • The payment process, biling structure and payment timelines will be defined in the  the formal proposal, digital product detail or the on the service agreement SLA.

Cancellation:

Although a mutually beneficial project an exit/get out/cancellation clause is helpful from time to time as defined below.

Client cancellation terms.

  • You, our customer can cancel your agreement at any time. Please email support@webilism.co.za
  • No payment refunds will be given. Please see the refund policy above.
  • Progress files will be made handed over via zip file(s)
    Webillism won’t keep any work files or backups.
  • On client cancellation all Webillism’s work and duties and commitments will be stopped and the agremeent will be terminated.
    All supplied content and access given to Webillism must be revoked by the client.

For Monthly Managed Services.

  • Payments for hosting or domain registrations are non-refundable
  • You, our client may choose to terminate the agreement at any time.
  • We have a 30 day notice cancellation process. A one (1) month notice is required. No payment refunds will be given.
  • When you cancel your service with us your final payment will be processed and you will be liable for the payment during the 30 days notice.
  • Your PPC camapign will be stopped on the last day of the cancellation month. No final report will be sent.
  • Your website and email will expire ont he last day of the cancellation month
  • The co.za domain: Please Domains below.
  • Developer Cancellation Terms

Developer can cancel at any time.

  • When ≤50% of the work done equals a 20% refund on the deposit paid.
  • No refund when ≥50% of the work was done.
  • All progress files will be handed over via a download.

3rd party plugins and themes.

  • All licences must be made available. No licenses for themes or plugins will not be bought or nenewed.
  • Plugin or theme licenses are not included unless specified.
  • As technology changes and plugins, plugin support and the capability of 3rd party changes or update quotes and scopes may change to suite and accommodate these changes.
  • We can’t be held accountable and assume no liability or obligation for any and all changes in technology or 3rd party plugins or the way it works.
  • All efforts will always be made available to communicate with 3rd party plugin support but ultimately the relationship is with the 3rd party plugin.
  • 3rd Party plugins are not always totally customisable to suite a WordPress theme.
  • Although all efforts are applied to style 3rd party plugins not all elements are always able to be customised.
  • Open Source Software. Webillism makes extensive use of open source software components. Open Source is great. We all contribute. We do not bill you for open source components.

All Copyright and licenses.

You our client is responsible for all licenses, trademark information and requirements, access, clearances and copyright ownership. We are not responsible for any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of you, our customer. We use the content you send us. We might let you know that you need some license but it’s 100% up to you to know what you need to do. It’s your brand you are responsible and need to ensure that you have the legal side of your brand in order. We cannot be held liable if we use something you supplied us while you are not the copyright owner.

Liability waiver.

While this agreement is active and in place. Webillism will not be responsible If anyone other than the Webillism team/developer makes changes to the web site, edit or alter SEO configurations or login and make changes on the Google Ad management platforms where and if applicable.

Webillism will not be liable for any Internet Bots / Click fraud / Spam / Fake leads / Poor quality leads / Job leads / Junk traffic / considered to be false traffic or interactions:

No guarantees on performance are given No refunds are given whatsoever

Deadlines & Deliverables.

Webillism will respond to all requests from customers within 24 hours on weekdays during office hours. We will communicate via email

Unless otherwised arranged, on all tasks. We will respond to your brief and requests with an estimated cost and or completion date for each action item in the request. Requests received after 4pm weekdays or 12pm Friday’s may not be completed until the next business day unless overtime / weekend fees / rushed fees cost arrangements have been made.

Webillism will adhere to all quoted deadlines for the deliverables as set out in the proposal and or SLA. In the event that Webillism has any issues in delivering on a quoted deadline. You, our client will be notified via email with a reason and explination of any changes in delivery time. Any delay from the client whatsoever will alter the delivery time. No additional hours/ overtime/ weekend hours will be allocated in such an event.

Overtime available @ R1400 per hour

Monthly maintenance & Your plan hours (Hours included in your selected plan).

  • 1 Site packages and plans allow for 1 WordPress Website Per Account.
  • Only 1 unique website per account will be serviced.
  • The monthly hours of your package are available hours that can be used per month.
  • Example. If you are on a 5 hour per month package and you want us to add images and some content, do some maintenance, update the website etc you will reach your monthly hour limit. If you have an e-commerce website and you want us to load products it will take 1 hour to upload 3 standard products. When you run out or need more hours you can simply buy more hours. When you log a ticket requesting changes / additions / editing / upgrades / advanced support / support items / maintenance we will look at the requested task and see if you have available hours. If you have enough avialble hours we will continue with the ticket. If you do not have enough available hours we will send you an email requesting you to buy addition hours.
  • Unused hours does not carry over to the next month

Quick Services.

Some of our services are available per hour. Hours bought are valid for 1 month from date of purchase.

Quick Services Refund & Cancellation.

If for whatever reason an incorrect product is purchased or if the project can’t be completed due to human/technical/account/hosting and or any other limitation reason of any kind a full refund will be given for unused hours within 1 month. Please contact support@webillism.co.za for assistance or if you need to talk.

Content.

  • All copy content, brand logos, specified images, video or any other assets must always be supplied in easy to use digital, editable usable electronic format
  • All content is required to be uploaded. We will supply the content intake form URL.
  • All Terms and conditions, Privacy Policies, Cookie Policies, Concent, Disclaimers, Terms of use, POPI, GDPR or related or similar etc, Usage terms, Offer content, Legal content, Google account must be supplied. All content must be supplied.
  • No API integration or any backend/system/core/plugin development included. Please request a quote for API integration or any backend/system/core/plugin development by contacting us
  • Please also refer to Copyright and licenses above
Hosting.

For managed services

  • We use Xneelo for hosting
  • Please see your quote, SLA, product or service for updated hosting information. If you have any questions please email support@webilism.co.za

All Monthly Packages.

  • Full Admin Access is NOT available.
  • NO 3rd party designer or developer access available.
  • Website bundled solutions are month to month.
  • No payment will result in suspension
  • Reactivation cost applies
  • You do not own the Monthly Package websites
  • Website content changes, additions or website upgrades are billed per hour. Please request a task.
  • The option to buy and own the website at any time available on request.
  • This is a month to month service.
  • 1 Month cancellation notice is required.
  • New CO.ZA Domain Names are registered in your name. Your details will be required to register the domain on Xneelo. The domain is renewable annually.
  • The domain is in your name but, you only own the domain after 12 months. You do not own the hosting and you do not own or have access to the website.
  • You are 100% allowed to point your own domain that’s registered somewhere else to your package. Please speak to support@webillism.co.za
  • Existing domains will need to point to the Webillism sever when hosted.
  • SPAM or any other unauthorised or illegal use of the domain or website will lead to instant permanent termination.
  • The service will also be terminated for any suspicious activities as decided by Webillism.
  • Non Payment of the account will lead to instant suspension. No debating no grace periods, no questions asked.
  • Suspended websites will incure a reactivation fee of R2000.00.
  • Suspended websites can only be reactivated up to 1 month after it was suspended.
  • If a website is suspended the domain and email will also be suspended.

Monthly Website Packages.

Monthly managed websites are Basic Websites built on the WordPress Platform using a basic free DIVI layout, includes a contact form(s) and a WhatsApp call button if required

Domains.

  • We register domains using Xneelo
  • Only coza domains will be registered by Webillism.
    It is your, our customers responsibility to become familiar with these terms and their implications. https://xneelo.co.za/legal/terms-of-service/ 
  • You do not own the domain on the Monthly Package websites
  • The option to buy and own the website at any time available on request.
  • New CO.ZA Domain Names are registered in your name. Your details will be required to register the domain on Xneelo. The domain is renewable annually.
  • The domain is in your name but, you only own the domain after 12 months. You do not own the hosting and you do not own or have access to the website.
  • You are free to use your own domain registered somewhere else.
  • Existing domains will need to point to the Webillism sever when hosted.
  • SPAM or any other unauthorised or illegal use of the domain or website will lead to instant permanent termination.
  • The service will also be terminated for any suspicious activities as decided by Webillism.

Registration and Use of Domain Names.

  • We do not offer domain name searches. You, our client will be asked for 3  co.za domain name optionsafter your order was processed. It is your responsibility to choose and provide the 3 domain options.
  • A co.za domain name must be available for registration.
  • We reserve the right to disclose relevant information to the registrar for public disclosure as per the registrars terms and conditions.
  • Webillism will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
  • Registration information details are required for the domain registration form as requirement by the registrar
  • You, our client indemnifies us Webilism by authorising the domain registerartion and that you, our client has the right to use the requested domain name(s). With respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right. Webilism is not and will not be held liable if the domain or service infringe with but not limited to the rights of any third party in any jurisdiction.
General and important.

  • Updating of WordPress
  • Updating of WordPress Plugin Updates (If supported/available)
    • Updates can only be performaed if the WordPress version is compatible with the plugin, if there is a plugin update
    • If the plugin requires a valid license then the license needs to be supplied
  • Your card won’t be billed again after cancellation
  • Unused hours does not carry over to the next month
  • Plugins or Theme updates can only be performed if the updates are compatible
    • Plugin, theme and any other 3rd party licenses must be supplied as required.
    • Themes or plugins that are not compatible/supported won’t be updated
    • No theme or plugin license costs are included
    • Unless ever specified. Premium Plugins and Apps are not included.
    • Plugin, theme, script, PHP etc conflicts
  • Compatibility conflicts or errors are not included and require a quote and 3rd party plugin support to fix, if possible. If a plugin or theme is not supported anymore in any way it will be disabled
  • Website restore is only available if there is an existing functioning backup
  • All additional requests or requirements to be quoted on per hourly rate of R700 per hour
  • 2 months backups are archived
  • API Integration, web hooks, Java, Javascript, jQuery or PHP development, custom development or any other backend or frontend development excluded. Please contact us for a quote
  • Webillism accepts no liability for any problem(s) not able to remedied due to any matter beyond our control. Including, but not limited to, the framework/ system age / PHP version / WordPress health / Database heath / Infrastructure age, hosting / website total health or setup, specification or condition of the customer’s website or infrastructure. As well as a customer’s failure to provide appropriate licenses, media, hosting login details, website administrator login details, content or any other element required to perform maintenance or support.
  • Webillism shall, under no circumstances, be liable, either in contract, or otherwise for any damages or failure caused to the customer website, database, data, or any third parties solutions. Including, without limitation, any direct and or indirect or consequential damages, expenses, costs, profits, lost savings, earnings, customers, interruption to business activity, lost or corrupted data or other liability arising out of or related to the services provided by Webillism or out of upgrade, cloning, amendments, upgrades or use of, or inability to access the customer’s website setup and infrastructure. The customer will, upon demand, indemnify Webillism in respect to loss, damage or injury arising from the provision of the services.
  • Webillism has no liability to the Customer for data loss or damage incurred in any circumstances whatsoever.
  • A User may not use SA Online resources and platforms in violation of South African law.
  • The User consents to the jurisdiction of the South Gauteng High Courts
  • Any term found to be invalid or unenforceable by a Court will be cut out and the balance of the terms shall remain enforceable.
  • We take great pride in our quality control however there are errors from time to time. All our our work, all content, supplied content and future created content, communications and or systems will be provided on an “as is” or “signed off” or “approved” basis. Therefore, THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBILLISM SERVICES.

Responsibilities and Overall Project Success.

Webillism and you, our valued customer agrees that for overall good business practise and project success both parties have to work together for one common goal. If either party does not deliver on it’s resposibilities and commitment to the project to fulfill their nessecary obligation the project success won;t be met.

Reasonable project deadlines are agreed and set in place but won’t be met if both parties does not fullfil on their commitments. It’s again vital for project success that both parties adhere to the agreed deadline by meeting set obligations.

Webillism may appoint 3rd party sources or 3rd party plugin support resources if a task cannot be completed in house.

Authorisation.

By accepting the terms and conditions when you sign up or agree to to a proposal or SLA and while using the Webillism service. You duly authorise Webillism access to required services and readily make available the login details required for the tasks to be delivered and properly performed.