Legal

Terms of Service

Effective date: 1 January 2026

1. Agreement to terms

By engaging Ingwe Digital Solutions (Pty) Ltd(“Ingwe”, “we”, “us”) for services — whether via our website, email, or signed proposal — you agree to be bound by these Terms of Service. These terms govern web design, hosting, cybersecurity, PayrollZA, and related digital services provided to clients in South Africa.

2. Services

Ingwe provides the services described in the relevant proposal, scope of work, or service agreement provided to the client. Any changes to scope must be agreed in writing. Additional work outside the agreed scope will be quoted and invoiced separately.

3. Payment terms

  • Web design projects: 50% deposit required before work commences, balance on delivery.
  • Hosting plans: Invoiced monthly or annually in advance. Annual plans are non-refundable after 14 days.
  • Cybersecurity services: As quoted per project or monthly retainer.
  • PayrollZA: Monthly subscription, billed in advance. Cancel with 30 days' notice.
  • Invoices are due within 7 business days unless otherwise agreed.
  • Late payment may result in suspension of services.

4. Intellectual property

Upon receipt of full payment, the client owns the final deliverables for web design projects (website design, content, and code). Ingwe retains the right to display the work in our portfolio unless the client requests otherwise in writing.

Pre-existing intellectual property (frameworks, templates, plugins, or third-party tools) remains the property of their respective owners and is licensed to the client for use.

5. Hosting terms

  • Hosting is provided on a best-efforts basis with a 99.9% uptime target.
  • Clients are responsible for their own content and must not violate South African law.
  • Illegal content, spam, or resource abuse will result in immediate account suspension.
  • Backups are provided as a courtesy — clients are responsible for their own backup strategy.
  • Hosting infrastructure is powered by Domains.co.za; Ingwe is a reseller and not liable for upstream outages.

6. Limitation of liability

To the maximum extent permitted by South African law, Ingwe's liability for any claim arising from our services is limited to the amount paid by the client for the relevant service in the 3 months preceding the claim.

We are not liable for indirect, consequential, or punitive damages, including but not limited to loss of business, loss of data, or loss of profits.

7. Data protection (POPIA)

Both parties agree to comply with the Protection of Personal Information Act 4 of 2013 (POPIA). Where Ingwe processes personal data on behalf of the client, we act as an operator and will only process data in accordance with the client's lawful instructions.

8. Confidentiality

Each party agrees to keep confidential all non-public information shared by the other party in the course of the engagement. This obligation continues for 3 years after the termination of services.

9. Termination

Either party may terminate an ongoing service agreement with 30 days' written notice. Ingwe may terminate immediately for non-payment, breach of these terms, or illegal use of services.

10. Governing law

These terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

11. Contact

For any queries regarding these terms, contact us at hello@ingwedigital.co.za.

Ingwe Digital Solutions (Pty) Ltd

Fourways, Gauteng, South Africa

hello@ingwedigital.co.za

This terms of service document is provided as a starting template. It should be reviewed by a qualified South African attorney to ensure it accurately reflects your specific business model, services, and legal requirements.