Terms & Conditions

These Terms & Conditions ("Terms") govern all services provided by JWD Website Design (Pty) Ltd (registration number 2026/436461/07) ("JWD", "we", "us"), and form a binding agreement between us and you ("the Client") when you engage our services or purchase through this website. By requesting a quote, placing an order, or making payment, you agree to these Terms.

1. Company details

• Legal name: JWD Website Design (Pty) Ltd, a private company registered in South Africa
• Registration number: 2026/436461/07
• Director: Shane Michiel Snyman
• Physical address and address for service of legal documents: 50 Buitendag Street, Monte Vista, Western Cape, 7460
• Contact: info@jwd.co.za · +27 72 821 0139 · www.jwd.co.za
• Industry codes and alternative dispute resolution: JWD does not currently subscribe to any industry code of conduct or alternative dispute resolution scheme. Domain name disputes follow the registry procedures in section 6.8.

2. Services & quotes

We provide website design, development, hosting, domain name, SEO and related consulting services. Quotes are based on the scope discussed and are valid for 30 days. Work outside the agreed scope may be quoted and billed separately. Prices are in South African Rand (ZAR). JWD is not registered for VAT, so no VAT is added to our prices. Should that change, we will tell you before VAT applies to any future invoice.

3. Development process

Building your website is a combined effort. Development has three approval stages:

• Stage 1: Layout design based on the direction selected.
• Stage 2: Content confirmation based on the content you provide.
• Stage 3: Final check and approval to launch the website live.

You are responsible for supplying accurate content, images and materials, and for confirming you have the rights to use them. If we receive no response from you for 45 (forty-five) days, we may close the project on 7 (seven) days' written notice. We then keep payment for the work done and costs incurred up to that date, hand over the work you have paid for, and refund any balance within 30 (thirty) days.

JWD may decline or stop working with a client where the business relationship is no longer viable. We will give reasonable written notice, hand over work already paid for in full, and refund fees paid for work not yet performed.

4. Payment

Unless otherwise agreed in writing, a deposit is payable before work begins and the balance before the website is launched. Online purchases through this website are payable in full at checkout. We may withhold launch or handover of work until it has been paid for in full.

4.1 Acceptance. Paying a deposit or invoice, or completing an online purchase, is your acceptance of these Terms. The person paying confirms they are authorised to bind the Client.

4.2 Late payment. Overdue amounts bear interest at 2% (two percent) above the prime overdraft rate, not exceeding 2% per month, from the due date until paid. Where an account is overdue, we may suspend the related services after giving you notice by email, and you are liable for the reasonable costs of recovering the debt.

4.3 Chargebacks. If you dispute or reverse a card payment without first raising the issue with us, we may suspend the related services until it is resolved and recover the bank's chargeback fee from you. This does not affect your right to dispute a payment you did not authorise.

5. Hosting

5.1 Term and cancellation. Hosting runs month to month (or for the annual period paid for) and renews until cancelled. You may cancel with one calendar month's written notice. If you are a consumer under the Consumer Protection Act, 2008, you may also cancel a fixed-term agreement on 20 (twenty) business days' notice, subject to that Act.

5.2 Billing and resources. Hosting is billed in advance. If hosting is not paid up to date, we may suspend the related services (including email and website) until payment is received. If you exceed your package's space allocation, we give you 7 (seven) days to fix it, after which additional space is billed per month or part of a month.

5.3 Availability. Hosting is provided on a best-effort basis. We do not guarantee uninterrupted or error-free service unless a written service level agreement applies.

5.4 Backups and data. Our hosting does not include backups unless you pay for a backup service. You must keep your own backups of your website, email and data. We are not liable for loss of data or content, except where caused by our gross negligence.

5.5 After hosting ends. When a hosting service ends, or is cancelled for non-payment, we keep your files for 30 (thirty) days and then permanently delete them. Ask us before then if you need a copy.

5.6 Fair use. Hosting resources are shared. We may limit an account that degrades the service for other clients, after notice where practical.

5.7 Website security. After launch, software updates, security patching and malware clean-up are your responsibility unless you have a paid maintenance plan with us. We are not liable for compromises caused by unpatched software, weak passwords or third-party plugins and themes you install.

6. Domain names

6.1 How we provide domain names. JWD resells domain names through an accredited domain registrar. Each domain name is also governed by the policies of the registry that runs its ending (for .co.za, ZARC, the ZA Registry Consortium; for .com, the .com registry operator and ICANN). If those policies conflict with these Terms, the registry and registrar policies apply to that domain.

6.2 You own your domain. We register your domain name in the name and details of the person or business you give us at checkout, who is the registrant and holder of the domain. You must give complete and accurate registrant details, including your full legal name, and keep them up to date. Inaccurate details can lead the registry or registrar to suspend or cancel the domain name. Some registries hold a new or changed registrant record in a pending state for a short period before it takes effect.

6.3 Availability. A domain name shown as available is not reserved for you until the registry confirms the registration. If it has been taken or cannot be registered when we process your order, we tell you promptly and refund what you paid for it in full within 30 (thirty) days.

6.4 Registration starts immediately. A domain name is registered as soon as your payment is confirmed. See section 8.2 on the cooling-off period.

6.5 Term and expiry. Domain names are registered for one year at a time and must be renewed and paid in advance. You are responsible for renewing in time. If a domain name is not renewed, it expires; the registry and registrar may suspend it and, after their grace and redemption periods, release it so that anyone can register it. Recovering an expired domain name is not guaranteed. Where restoring is possible, it carries the registrar's restore fee, which we will quote before acting.

6.6 DNS and nameservers. Where we manage your domain's DNS, we make the changes you ask for at no charge. Where you manage DNS or nameservers yourself (including through your account on this website), you are responsible for the changes you make. Changing nameservers or email (MX) records affects your website and email.

6.7 Transfers. Transferring a domain name to JWD costs the same as registering it. You may transfer your domain name to another provider at any time, at no charge from us. We will not withhold a transfer to recover an unrelated amount you owe us, which we may recover separately. Registry rules may impose short transfer locks, for example after a registration or a change of registrant.

6.8 Lawful use and disputes. You may not register or use a domain name unlawfully, including to infringe someone else's rights, impersonate another person or organisation, or distribute malware or fraudulent content. We may refuse an order, or ask the registrar to suspend a domain name, where we reasonably believe it is used this way or where a registry, registrar, court or authority requires it. Disputes over who is entitled to a domain name are resolved under the registry's dispute procedure (for .co.za, the alternate dispute resolution regulations; for .com, ICANN's Uniform Domain Name Dispute Resolution Policy), not by JWD.

6.9 Third-party actions. The registry and registrar are independent of JWD. We are not liable for their acts, omissions, policy changes, outages or decisions, but we will help you deal with them where we reasonably can.

6.10 Registry terms for .co.za and other .za names. For .co.za, .org.za, .net.za and .web.za names you accept the Registrant Agreement Mandatory Terms of the ZA Registry Consortium, including its warranties (clause 5), the indemnity of the registrar and registry (clauses 5.2 and 8.2), the grounds on which a domain name may be suspended or withdrawn (clause 6), and the consent to the processing of your personal information that registration depends on (clause 7). You give those same warranties and that indemnity to JWD. For .com and other names, the registrar's registration agreement and ICANN's policies apply.

7. Renewals

7.1 Reminders. We send renewal reminders by email before the renewal date to the email address on your account. Keep that address current.

7.2 Paying for a renewal. We renew a domain name or hosting service once the renewal has been paid. If a renewal is not paid by the renewal date, the service may be suspended and, for a domain name, section 6.5 applies. We are not liable for loss arising from a service not renewed because payment was not made.

7.3 Saved cards and automatic renewal. Where this option is offered and you choose it at checkout, you authorise us to charge the saved card for the renewal of the service you selected, at the renewal price at the time, on or shortly before its renewal date. We email you before each automatic charge, and you may switch automatic renewal off, or remove the saved card, at any time before the charge. Card details are held by our payment processor, never by JWD.

7.4 Price changes. If the price of a renewal or recurring service changes, we tell you at least 30 (thirty) days before it applies to you. If you do not accept the new price, you may cancel the service before it applies and receive a pro-rata refund of any unused prepaid fees.

8. Refunds, cancellation & cooling-off

8.1 Refunds. You may request a refund by sending your reasons to refunds@jwd.co.za. We assess the request within 7 (seven) business days, and a refund that is due is paid within 30 (thirty) days.

• A deposit is non-refundable to the extent of the design or development work already performed.
• No refund is payable after final approval and launch of a website, for hosting once the service period has begun, or for a domain name once it has been registered, renewed or transferred with the registry, except as set out in section 6.3.

8.2 Cooling-off and starting immediately. If you are a consumer buying online, the Electronic Communications and Transactions Act, 2002 (section 44) gives you 7 (seven) days to cancel. Domain names are registered, and hosting and other services begin, as soon as payment is confirmed; at checkout you ask us to start immediately, and under section 42(2)(d) the cooling-off right then does not apply to that service. Where you have not asked us to start immediately, you may cancel within 7 days and we refund you in full within 30 days.

8.3 Your statutory rights. Nothing in these Terms limits any right you have that cannot lawfully be excluded under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002.

9. Intellectual property

On receipt of full payment, ownership of the final, delivered website design and bespoke content created for you transfers to you. JWD keeps ownership of underlying tools, frameworks, code libraries and third-party components, which are licensed (not sold) to you for use within your website. Until full payment is received, all work remains JWD's property. We may show completed work in our portfolio unless you ask us not to in writing.

You warrant that you own, or are licensed to use, all content, images, logos, fonts and materials you supply to us.

10. Third-party services

Our services rely on third-party providers (for example upstream hosting and domain providers, payment gateways, plugins, fonts and analytics). Their terms and acceptable use policies also apply to your use of our services. We are not responsible for their availability, performance, changes or failures outside our reasonable control.

11. Warranties & liability

11.1 We provide our services with reasonable skill and care. Otherwise, services and deliverables are provided "as is", and we do not warrant that a website or service will be error-free or uninterrupted.

11.2 Limit of liability. Subject to 11.4, JWD's total liability for any claim is limited to: (a) for a once-off project, the fees you paid for that project; and (b) for recurring services (hosting, SEO, domain names), the fees you paid for the affected service in the 3 (three) months before the event giving rise to the claim.

11.3 Excluded loss. JWD is not liable for indirect or consequential loss, loss of profit or business, loss of data, or loss caused by third-party providers, by your own acts or omissions, or by events in section 14.

11.4 Nothing in these Terms limits JWD's liability for gross negligence, fraud or wilful misconduct, or any liability that cannot lawfully be limited.

12. Your responsibilities & indemnity

12.1 You are responsible for the lawfulness of the content you provide, for keeping your account credentials secure, and for using our services and your domain names lawfully.

12.2 Indemnity. You indemnify JWD against any third-party claim, fine or reasonable cost (including legal costs) arising from: your content or website; the registration or use of your domain names; your breach of these Terms or of section 20; or your instructions to us. This indemnity does not apply to loss caused by JWD's own breach or negligence.

13. Privacy

Our handling of personal information, including the registrant details sent to domain registrars and registries, is governed by our Privacy Policy, which forms part of these Terms. Section 21 covers the personal information on websites and services we host or build for you.

14. Force majeure

JWD is not liable for delay or failure to perform caused by events beyond our reasonable control, including power interruptions or load-shedding, internet or network failures, hosting, registrar, registry or other third-party provider outages, hardware failure, natural disaster, fire, flood, civil unrest, pandemic, or any act of God or government.

15. Entire agreement

These Terms, with the applicable quote or invoice and, for domain names, the registry and registrar terms referred to in section 6, are the entire agreement between you and JWD about our services and replace earlier discussions. Changes to an order or quote should be confirmed in writing.

16. Variation & waiver

No variation of these Terms is valid unless recorded in writing. A delay or failure by either party to enforce a provision is not a waiver of it.

17. Cession

JWD may cede these Terms to a successor that takes over the business, on written notice to you, provided your rights are not reduced. You may not cede your rights or obligations without our written consent, which we will not unreasonably withhold.

18. Electronic communications & notices

The parties consent to transacting electronically. Under the Electronic Communications and Transactions Act, 2002, electronic acceptance and email communications are valid and binding. Notices may be given by email to the addresses the parties have on file. You may save or print these Terms from this page at any time.

19. Changes to these Terms

We may update these Terms. The current version is always published on this page with the date it was last updated. Changes apply to orders placed and renewals falling due after publication. Where a change materially affects a service you already pay for, we tell you by email before it applies; if you do not accept it, you may cancel that service before the change applies and receive a pro-rata refund of unused prepaid fees.

20. Acceptable use, abuse & suspension

You may not use our hosting, email or domain names for spam, malware, phishing, fraud, illegal content, infringement of others' rights, crypto-mining, attacks on other systems, or any use that degrades the service for others. Our upstream providers' acceptable use policies also apply, and a breach of them is a breach of these Terms. We may suspend the affected service without notice where there is a security risk, a legal or registry requirement, or a credible abuse report, and on 7 (seven) days' notice in other cases. We tell you why, and restore the service once the issue is resolved.

21. Personal information on websites we host or build for you

For personal information on the websites, email and forms we host or build for you, you are the responsible party and JWD acts as your operator under the Protection of Personal Information Act, 2013. We process that information only on your documented instructions, keep it confidential, apply the security measures described in our Privacy Policy, tell you immediately if we suspect unauthorised access to it (section 21(2)), and delete or return it when the service ends (subject to section 5.5). You are responsible for your own privacy notice and lawful basis for processing.

22. Disputes & governing law

Before going to court, the parties will try for 20 (twenty) business days to resolve a dispute in writing. These Terms are governed by the laws of the Republic of South Africa, and each party consents to the jurisdiction of the Magistrate's Court, although either party may approach any competent court. If any provision is found unenforceable, the remaining provisions continue in effect.