Terms & Conditions

Terms and Conditions – UpgradeYourBiz.co.za Services

These Terms and Conditions govern the provision of services by UpgradeYourBiz (referred to as “we”, “us”, or “our”) to you (the “Client” or “you”).

1. Services Provided : We provide the Starter Kit package at R200 per month:

• Registration and management of a .co.za domain name.
• Provisioning and server-side management of professional custom-domain business email accounts (e.g., info@yourdomain.co.za), including basic setup, spam filtering, and mailbox administration.
• Creation and hosting of a simple 4-page website (typically Home, About, Services/Products, Contact) using standard templates and basic functionality.
• 30 minutes of monthly support for minor website updates, content changes, or email adjustments.

Exclusions: No e-commerce functionality, advanced plugins (e.g., membership, booking, forms beyond basic), custom coding, SEO optimization beyond basics, graphic design beyond simple edits, or complex features. These can be quoted separately at our standard rates.

2. Contract Term

• The agreement has a fixed initial term of 6 months, commencing on the date of first payment.
• After the 6-month fixed term, the agreement continues on a month-to-month basis until cancelled by either party.

3. Payment Terms

• Monthly fee: R200, payable in advance on the 1st of each month .
• Invoices issued monthly. Payment due within 7 days.
• Late payments may attract interest and/or suspension of services after written notice.
• All fees for the fixed 6-month term are non-refundable except in cases of our material breach.
• Bank Details: Capitec Bank 
• Account Number: 2339984145
• Branch Code: 470010

4. Domain Names

• We register and manage your .co.za domain on your behalf as part of the service.
• No refunds are provided once a domain has been procured/registered (registration fees are non-recoverable from the registry).
• Domain renewal costs are usually R99.00 per year. 
• After transfer (see section 8), you become solely responsible for renewal and any associated costs.

5. Email Provisioning

• We handle server-side email setup, configuration, and basic management (e.g., creating mailboxes, forwarding, aliases, spam protection).
• You are responsible for your email content, passwords, client-side software (e.g., Outlook, phone apps), and compliance with anti-spam laws.
• We do not guarantee delivery of emails to third-party providers (e.g., Gmail may flag bulk sends).
• 2GB Storage space with archiving services available.
• Monthly support includes up to the included 30 minutes for email-related adjustments.

6. Website Services

• We build a basic 4-page website with standard design elements and mobile responsiveness.
• Google Business setup and registration.
• Includes WhatsApp web chat service ability.
• Google Analytics setup to track web tracffic. Can be accessed online or through your mobile device.
• Exclusions: E-commerce, payment gateways, advanced plugins, databases beyond basic, custom animations, or third-party integrations unless quoted separately.
• You must provide all content (text, images, logos) in a timely manner. Delays may extend timelines.
• We perform basic testing; you approve final version before launch.

7. Our Responsibility – Server-Side Only

• We manage all server-side elements: hosting, server security updates, basic backups, email servers, and domain DNS.
• We do not support or accept responsibility for client equipment (your computers, devices, local software, internet connection, or third-party tools).
• You remain responsible for keeping your login credentials secure and notifying us immediately of any suspected breach.

8. Ownership, Intellectual Property, and Transfer

• During the agreement, the domain, website files, and related assets remain under our management and ownership.
• Full ownership and control (including domain transfer, website files, login credentials, and basic handover support) transfers to you free of charge after successful completion of the 6-month fixed term, provided all fees are paid up to date.
• Pre-existing templates, code snippets, or frameworks we use remain our property (licensed to you post-transfer for continued use).
• You grant us a license to use any materials you provide (logos, content) solely for delivering the services.

9. Backups and Data

• We maintain basic server-side backups during the agreement (restoration available on request, subject to availability).
• After cancellation, backups cease—maintain your own thereafter.

10. Cancellation and Termination

• Either party may cancel with 30 days’ written notice (email sufficient).
• You remain liable for fees until the end of the notice period.
• Cancellation during the 6-month fixed term does not trigger ownership transfer.
• We may suspend/terminate immediately for non-payment, breach, or illegal use.

11. Extras and Additional Work

• Work beyond the included 30 minutes/month is charged at R150 per 30-minute block (or part thereof).
• We provide a quote and obtain your approval first.

12. Liability and Warranties

• Services provided “as is” with reasonable care. No warranty for uninterrupted access, specific results, or third-party compatibility.
• We exclude liability for indirect/consequential losses (e.g., lost profits, data loss).
• Our total liability limited to fees paid in the last 3 months.
• Nothing limits rights under the Consumer Protection Act.

13. Protection of Personal Information (POPIA Compliance)

• We comply with the Protection of Personal Information Act, 2013 (POPIA) in all processing of personal information.
• You (the Client) act as the responsible party under POPIA for any personal information you provide to us or collect through your website/email (e.g., customer details, contact forms).
• We act as an operator processing such information solely on your instructions and for the purpose of providing the services (domain/email setup, website hosting, and support).
• We will process personal information lawfully, securely, and only as necessary for the agreement. We implement appropriate technical and organisational measures to protect it against unauthorised access, loss, or breach.
• In the event of a data breach involving personal information, we will notify you promptly so you can fulfil any reporting obligations to the Information Regulator and affected data subjects (as required by POPIA Section 22).
• We will not transfer personal information outside South Africa without your prior written consent or adequate safeguards (e.g., binding agreements ensuring equivalent protection).
• Upon termination or at your request, we will delete or return personal information (subject to legal retention requirements) and confirm destruction in writing if requested.
• You remain responsible for obtaining any necessary consents from data subjects, providing privacy notices, and ensuring your own use of the website/email complies with POPIA.
• Nothing in this agreement limits your or our rights/obligations under POPIA.

14. Third-Party Services (Afrihost Back-to-Back Provisioning)

• We resell and provision certain services (including domain registration, website hosting, and email) through Afrihost (Pty) Ltd, a third-party provider.
• These services are provided subject to Afrihost’s terms and conditions, which are incorporated by reference and available at https://www.afrihost.com/terms-and-conditions.
• Any downtime, issues, or limitations arising from Afrihost’s infrastructure or policies are governed by Afrihost’s terms. We will pass through any applicable credits or remedies from Afrihost to you on a back-to-back basis.

15. Uptime and Availability

• We pass through Afrihost’s 100% website uptime guarantee for hosting services (as detailed in their Domain and Hosting Terms).
• This guarantee applies only if the web server crashes or goes down at an unscheduled time, and excludes:
  • Scheduled maintenance (notified at least 24 hours in advance).
  • Service suspensions (e.g., for non-payment or breach).
  • Issues caused by third-party networks, your internet connection, client-side equipment, or force majeure.
  • Problems with email delivery to external providers (e.g., Gmail filtering).
• Any claims for downtime must be submitted in writing. Compensation (if any) is limited to pro-rata fees for the affected period (no refunds for indirect losses or damages).
• We will assist you in submitting valid claims to Afrihost for any applicable credits.

16. Governing Law and Disputes Governed by South African law. Disputes resolved amicably first; otherwise, courts in South Africa have jurisdiction.

17. Business and Support Hours

    Business Operations UpgradeYourBiz operates during standard South African business hours: Monday to Friday, 08:00 to 17:00 (excluding public holidays). All administrative, website development, email setup, and major service requests will be handled within these hours.

    Support Availability For ongoing customer support, including queries, minor updates, troubleshooting, and assistance with your website or email:

    • WhatsApp support is available Monday to Saturday, 07:00 to 19:00.
    • Outside these hours, messages may be received but will be responded to on the next available support window (usually the following business day or Saturday morning).

    Response Times We aim to respond to all support requests within 2 hours during our support hours. Urgent issues reported during business hours will be prioritized. Note that our monthly 30-minute support allocation (as per your package) applies only to scheduled or approved updates.

    Exclusions Support outside the stated hours, on Sundays, or South African public holidays is not available unless otherwise agreed in writing for exceptional circumstances (additional fees may apply).

    Contact All support should be directed via WhatsApp to +27 69 041 5654 or through the contact form on our website: https://www.upgradeyourbiz.co.za.

18. Acceptance By checking “I Agree” on our form or making payment, you confirm you have read, understood, and accept these Terms and Conditions (including the POPIA provisions).

UpgradeYourBiz.co.za