Terms Of Service

1. Introduction

1.1 Please read these Terms of Service (the “Terms”) carefully before accessing or using the services provided by Webluno (Pty) Ltd (hereinafter referred to as “Webluno”). These Terms govern your access to and use of Webluno’s services and apply to all customers, users and other persons who access or use the services.

1.2 By accessing or using Webluno’s services, you acknowledge that you have read, understood and agree to be bound by these Terms. Your access to and use of the services is expressly conditional upon your acceptance of and compliance with the Terms set out herein.

1.3 For the purposes of these Terms, “The Customer” or “The Client” refers to any individual business entity or legal person who requests, purchases, accesses or uses Webluno’s services, whether directly or through an authorised representative. The Customer includes any person acting on behalf of or under the authority of such individual or entity and is deemed to have the legal capacity and authority to enter into these Terms and to bind the relevant individual or entity accordingly.

1.4 If you do not agree with any part of these Terms, you must not access or use any of Webluno’s services.

2. Website Design Services

2.1 A deposit of fifty percent (50%) of the total project fee is required before Webluno commences any work on the project. No work shall begin until the deposit has been received in full. The deposit is non-refundable and shall be applied toward the final project fee. 

2.1.1 In the event that a project is deemed as special by Webluno, by means that Webluno needs to purchase product license fees, third-party software, premium plugins, or incur other upfront costs on behalf of the Client, the deposit amount may be adjusted and may exceed fifty percent (50%) of the total project fee. Any such adjustment shall be communicated to the Client in writing prior to commencement of work. The deposit terms set forth herein shall supersede and overwrite any pre-existing terms or agreements, and all deposit determinations shall be at the sole discretion of Webluno.

2.2 All website design services provided by Webluno are subject to Webluno’s Website Design Process available on Webluno’s website at https://webluno.co.za/terms-of-service/website-design-process/  and incorporated herein by reference. The Website Design Process forms a binding part of these Terms of Service and governs the provision of website design services between Webluno and The Client. In the event of any conflict, these Terms of Service shall prevail.

2.3 Attribution and Branding: Webluno reserves the right to display a small text attribution in the footer of the website that reads “Website design by Webluno”, which shall include a hyperlink to Webluno’s website. If the Client wishes to have this attribution removed, a fee of R2,500.00 (Two Thousand Five Hundred Rand) shall be payable in addition to the project fee. The removal fee must be paid in full before the attribution will be removed from the website.

2.4 If Webluno does not receive any form of communication from The Client within fourteen (14) business days of notification that a phase is complete, such phase, as defined within Webluno’s Website Design Process, shall be deemed accepted and completed. Upon deemed acceptance of Phase Three, as set forth in the Website Design Process, the entire project shall be deemed accepted and completed, and the final invoice shall be issued, and payment shall be due within seven (7) business days. Any changes or revisions requested after deemed acceptance shall require a new quotation and shall constitute a separate and independent project.

3. Search Engine Optimisation (SEO)

3.1 The Client acknowledges, understands and agrees that search engine optimisation (SEO)  results are not guaranteed and that rankings, traffic and visibility are subject to numerous factors beyond Weblunos’ control, including but not limited to search engine algorithms, competition and market conditions. The Client further agrees that Webluno shall not be liable to issue refunds for services already rendered, irrespective of whether the Client attains favourable rankings or attracts clients.

3.2 Webluno may, at its sole discretion, engage third-party providers to perform or outsource certain search engine optimisation (SEO) tasks, and the Client acknowledges and agrees to such use.

3.3 All search engine optimisation (SEO) deliverables shall be set out in the SEO package selected by The Client, as published on the Webluno website, and The Client acknowledges and agrees to the scope and limitations of such deliverables.

3.4 The Client shall provide Webluno with all resources, content and information reasonably required to perform the search engine optimisation services (SEO). The Client acknowledges that any delay or failure in providing such resources may adversely affect the results of the SEO services.

3.5 The Client agrees that, unless expressly authorised in writing by Webluno, they shall not engage or utilise additional service providers whose activities may conflict with Webluno’s search engine optimisation (SEO) process, including but not limited to other website designers making changes to the content or layout of The Client’s website. The Client acknowledges that any such unauthorised actions may adversely impact SEO results and cause loss or diminished outcomes, and that, depending on the severity of the interference, Webluno may suspend or terminate the SEO services with immediate effect.

4. Pay Per Click Advertising & Management (PPC)

4.1 The Client acknowledges, understands and agrees that pay-per-click (PPC) advertising does not guarantee results, sales or specific performance outcomes, and that any such results are subject to factors beyond Weblunos’ control, including but not limited to market conditions, competition and platform algorithms.

4.2 The Client shall be solely responsible for all payments due to advertising platforms in connection with the pay-per-click (PPC) campaigns and agrees to pay Webluno a separate management fee for the administration, monitoring and optimisation of such campaigns.

4.3 The Client shall be solely responsible for ensuring that all pay-per-click (PPC) advertising activities comply with the terms and conditions of the relevant advertising platforms. The Client acknowledges and agrees that Webluno shall not be liable for any account suspensions, rejected content, restricted delivery, or any other actions taken by such platforms. The Client further acknowledges that platform rules, review procedures and enforcement practices may change at any time, and that such changes are beyond the control of Webluno. While Webluno will exercise reasonable care and professional judgment in managing the campaigns to help mitigate policy issues, ultimate responsibility for compliance with platform requirements rests solely with The Client.

4.4 Any Google Ads account credit, if offered, is provided solely at the discretion of Google, is subject to Google’s terms and conditions, and is neither affiliated with nor guaranteed by Webluno.

4.5 If the Client fails to pay any invoice by the specified due date, Webluno shall have the right to suspend all pay-per-click (PPC) advertising campaign services associated with the account. Upon such suspension, it shall be the sole responsibility of The Client to manage, maintain, or resume their advertising campaign independently.

4.5.1 Webluno shall bear no responsibility for the performance, continuity, or integrity of any campaign following suspension due to non-payment. The Client acknowledges and agrees that any issues, disruptions, errors, or financial losses arising from their independent management of the campaign – including, but not limited to, misconfiguration, overspending, or ineffective targeting – shall be solely at their own risk and expense.

4.5.2 Furthermore, the Client remains fully liable for all amounts owed under the original agreement, irrespective of whether they choose to continue, pause, or alter the campaign independently.

4.6 By engaging Webluno for pay-per-click (PPC) management services, the Client acknowledges and agrees that Webluno retains exclusive authority to manage, adjust, or modify all advertising campaigns under its control. No other individual, agency, or third party shall access, alter, or interfere with the campaigns without the prior written consent of Webluno.

4.6.1 In the event that the Client permits or instructs any third party to make changes to the campaigns after Webluno has established them, Webluno shall immediately discontinue its PPC management services. The Client acknowledges that such unauthorised modifications may compromise campaign performance, data integrity, and strategic consistency, and that Webluno cannot ensure the accuracy or effectiveness of results under such circumstances. Webluno shall not be held liable for any adverse outcomes, losses, or damages arising from third-party interventions.

4.6.2 Upon discontinuation, the Client shall remain liable for all fees and costs incurred up to the date of termination. Any reinstatement of services shall require a new agreement and may be subject to additional setup or management fees.

5. Website Maintenance & Management

5.1 The Client acknowledges and agrees that Webluno does not guarantee that website maintenance services will be entirely error-free. Notwithstanding this, Webluno shall exercise reasonable care, skill and diligence in the provision of such services to deliver the highest quality outcomes practicable.

5.2 All website management packages include up to 5GB of standard shared website hosting services. Any additional storage required beyond this allocation shall be billed to The Client at a rate of R25 per additional GB.

5.3 The Client shall provide Webluno with full and complete access to the website and hosting environment as reasonably required to perform website maintenance services effectively.

5.4 Website maintenance services include a specified number of support hours per month. Any unused hours shall not carry over and shall expire at the end of each month.

5.5 Website maintenance services shall apply solely to The Client’s website and shall not extend to the management, support, or maintenance of any third-party platforms or services.

5.6 Website maintenance services shall be provided within 24 to 48 hours of receipt of a request, excluding weekends and public holidays, unless otherwise agreed in writing by Webluno and The Client.

5.7 At its sole discretion, Webluno may offer the Client a discount of up to 25% on invoices for additional support hours in recognition of the Client’s subscription to a website maintenance package. Such discounts, if offered, shall be applied at the discretion of Webluno and shall not constitute a contractual obligation.

6. Website Hosting, Domain Names & Spam

6.1 Website Hosting & Spam

6.1.1 Webluno provides website hosting services to the Client but does not own or control the hardware, software, or infrastructure used to deliver such services. All hosting services are provided through a third-party supplier engaged by Webluno. The Client acknowledges and agrees that Webluno’s role is limited to the provision and management of the hosting services and that all underlying hardware, software, and network operations remain the property and responsibility of the third-party supplier.

6.1.2 Webluno may suspend or terminate website hosting services if any invoice remains unpaid by the specified due date. Hosting accounts will be automatically terminated and all associated data deleted if payment is not received within 30 days of the invoice due date. The Client acknowledges and agrees that Webluno shall not be liable for any loss, disruption, or damage resulting from such suspension or termination.

6.1.3 The Client acknowledges and agrees that Webluno shall not be liable for any data loss resulting from the suspension or termination of a hosting account. In the event that the Client wishes to retrieve data from a suspended account, such retrieval shall only be possible upon renewal of the relevant service, the Client having been provided reasonable notice prior to suspension.

6.1.3.1 For terminated accounts, a reinstatement fee of R500 shall apply. The Client acknowledges that this fee may be varied at the sole discretion of Webluno, as account reinstatement requires engagement with a third-party provider.

6.1.4 The Client acknowledges and agrees that Webluno does not guarantee that the services will be entirely error-free. Notwithstanding this, Webluno shall use reasonable skill, care, and diligence to deliver the highest quality results practicable.

6.1.5 Clients using website hosting services provided by Webluno acknowledge and agree to be bound by the Acceptable Use Policy of Webluno’s hosting partner, Elitehost, accessible at https://www.elitehost.co.za/about/acceptable-use-policy.

6.1.5.1 By engaging Webluno for hosting services, the Client expressly acknowledges and agrees to comply with all provisions of the Acceptable Use Policy. Any violation or breach of this policy may result in the immediate suspension or termination of hosting services at the sole discretion of Webluno or its hosting partner, without liability to Webluno.

6.1.5.2 In the event that a breach by The Client results in penalties, fines, or charges imposed by the hosting provider or any third party, such penalties shall be the sole responsibility of The Client. Webluno further reserves the right to charge a reasonable administrative fee for any time and resources expended in managing the consequences of The Client’s breach, including but not limited to correspondence, technical remediation, or service reinstatement.

6.2 Website Hosting & Spam

6.2.1 Webluno offers domain registration services to the Client but relies on a third-party provider to supply such services. The Client acknowledges and agrees that the third-party provider is solely responsible for setting domain registration fees, renewal charges, and any other associated costs. Webluno acts solely as an intermediary in facilitating the registration and management of domains and shall not be held liable for pricing, availability, or any actions taken by the third-party provider.

6.2.2 The Client acknowledges and agrees that expired domain names may incur penalty fees as imposed by the domain registrar or the relevant top-level domain (TLD). Webluno shall pass such costs on to The Client, and may also charge a reasonable administrative fee for any time and resources expended in managing the renewal or reinstatement of the domain.

6.2.3 The Client acknowledges and agrees that Webluno cannot provide domain reinstatement fees in advance. Such fees shall only be determined and communicated to The Client after an enquiry has been made to the relevant domain provider.

6.2.4 The Client acknowledges and agrees that Webluno shall not be liable for any deletion, loss, or theft of domain names resulting from unpaid or overdue domain registration or renewal fees. It is the sole responsibility of The Client to ensure that all domain-related fees are paid in full and on time.

7. Billing & Payments

7.1 Webluno shall issue invoices to The Client at least 15 days prior to the renewal date of any services. The Client acknowledges and agrees that timely payment of such invoices is required to maintain uninterrupted service.

7.2 Webluno shall accept payment from The Client via electronic funds transfer (EFT) or credit/debit card only. If the Client elects to use any alternative payment method, Webluno reserves the right to invoice the Client for any associated processing, banking, or transaction fees incurred.

7.3 All services provided by Webluno shall have a grace period of five days following the invoice due date before any suspension is applied. In the event that payment is not received within 60 days of the due date, the services shall be terminated and all associated data deleted. The Client acknowledges and agrees that Webluno shall not be liable for any loss, disruption, or damage resulting from such suspension or termination.

7.4 The Client must provide Webluno with at least 20 days’ written notice prior to the desired cancellation of any services in order to halt further payments. Such a notice period is required to allow sufficient time to cancel orders and ensure that no outstanding amounts remain due on the account.

7.5 The Client acknowledges and agrees that it is their sole responsibility to ensure that Webluno’s banking details are correct prior to making any payment. Webluno shall not be liable for any payments made to fraudulent or incorrect bank accounts. The Client must:

7.5.1 Verify banking details directly with an authorised Webluno representative before making any payment.

7.5.2 Confirm banking information via official Webluno communication channels.

7.5.3 Contact Webluno directly if there is any doubt regarding the accuracy of banking details.

7.5.4 The Client acknowledges that Webluno will never request payments to personal bank accounts or via unofficial payment methods.

7.6 The Client acknowledges and agrees that proof of payment, including but not limited to screenshots, receipts, or transaction confirmations, shall not be accepted as evidence of payment, as such documentation may be falsified. Services, deliverables, and any associated goodwill shall only be released once Webluno has confirmed that funds have been received and cleared in its bank account.

7.6.1 It is the sole responsibility of The Client to ensure that payments are made in a timely manner so that funds are reflected in Webluno’s account without delay, and that such payments do not conflict with the provisions set out in clause 7.3 regarding service suspension or termination for non-payment.

8. indemnification

8.1 The Client agrees to indemnify, defend, and hold harmless Webluno, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, expenses (including, but not limited to, legal fees and expenses), and obligations arising out of or relating to:

8.1.1 The Client’s use of or access to Webluno’s services;

8.1.2 The Client’s breach of any provision of these Terms of Service;

8.1.3 The Client’s infringement or violation of any third-party rights, including, without limitation, copyright, intellectual property, or privacy rights; and

8.1.4 Any claim that the Client’s content, materials, or actions caused harm, loss, or damage to any third party.

8.2 The obligations under this clause shall survive the termination or expiration of the agreement between Webluno and The Client.

9. Disclaimer

9.1 The Client acknowledges and agrees that Webluno shall not be liable for any damages, losses, or expenses incurred by the Client’s business. Webluno makes no warranties, express or implied, regarding the services provided, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. This includes, but is not limited to, any loss of data resulting from delays, non-deliveries, incorrect deliveries, or service interruptions caused by Webluno or its personnel.

9.2 Webluno shall not be responsible for any damages, errors, or disruptions to the Client’s services arising from third-party services that fail to operate as required, as such matters are outside the control of Webluno.

9.3 While Webluno shall exercise reasonable care, skill, and diligence in providing its services, it cannot guarantee that services will be entirely error-free or without issues.

9.4 Webluno shall not be held liable for the success, performance, or outcomes of the Client’s website, marketing campaigns, or other business activities. Although Webluno applies expertise, strategy, and best practices to support the Client, no specific results, sales, or revenue outcomes are guaranteed.

9.5 The Client acknowledges that the success of marketing activities is influenced by numerous factors beyond Webluno’s control, including market conditions, competition, customer behaviour, and changes to advertising platforms. The Client accepts that all marketing activities involve inherent risk, and Webluno shall bear no responsibility for any losses, shortfalls, or unrealised expectations relating to campaign results or business performance.

10. Disclosure to Law Enforcement

10.1 Webluno reserves the right to disclose any information as required to comply with applicable laws, regulations, legal processes, or government requests.

10.2 In addition, Webluno may, at its sole discretion, edit, refuse to post, or remove any information or materials, in whole or in part, from its services, in order to ensure compliance with legal obligations, maintain the integrity of its services, or protect its interests and those of other clients.

11. Changes to Terms of Service

11.1 Webluno reserves the right to modify these Terms of Service at any time and shall notify The Client of any changes via email. If The Client does not agree to the updated terms, they may cancel their services with Webluno without incurring any cancellation fees.

11.2 If Webluno does not receive any objection or cancellation request from The Client within seven days of notification of the changes, the updated Terms of Service shall be deemed accepted by The Client.

12. Customer Accounts & Profiles

12.1 The Client is responsible for ensuring that their account and billing details are accurate and up to date. The Client may update these details directly or instruct Webluno to make updates on their behalf. Webluno shall not be liable for any damages, losses, or issues arising from incorrect, incomplete, or outdated account or contact information.

13. Refunds

13.1 Webluno reserves the right, at its sole discretion, to determine whether the Client is eligible for a refund in relation to website design services. Refunds shall only be considered if Webluno is unable to meet the requirements agreed upon in the original scope of work for which a quote was issued.

13.2 If Webluno fails to deliver the agreed-upon services as set out in the original scope of work, the Client may request a remedy, which may include a refund, replacement, or correction of the work, in accordance with the Consumer Protection Act of South Africa. Webluno shall assess the situation and, in compliance with the CPA, provide a solution that is fair and reasonable under the circumstances.

13.3 The Client shall not be entitled to a refund where the scope details or requirements provided to Webluno are inaccurate, incomplete, or where The Client elects not to proceed with the services, as these circumstances do not qualify for a refund under the CPA.

13.4 In the event that the Client breaches Webluno’s Terms of Service, Webluno shall have no obligation to refund any fees paid. All such fees shall be forfeited, and The Client acknowledges that no refund or other form of compensation shall be provided in connection with the breach.

14. General Support

14.1 Webluno provides customer support primarily via email. Clients may contact Webluno’s support team at support@webluno.co.za for assistance with services, enquiries, or technical issues.

14.2 While Webluno may, at its discretion, provide support via WhatsApp or telephone, these channels are supplementary and do not constitute a guaranteed service or formal obligation. Response times and availability through WhatsApp or telephone may vary and are subject to Webluno’s sole discretion.

15. Acceptance

15.1 These Terms of Service shall become effective and shall be deemed accepted by The Client upon making any form of payment to Webluno, provided that Webluno has clearly communicated that these Terms govern the provision of its services. Acceptance occurs through an affirmative act by The Client, such as making a payment, as clearly indicated on all quotes and invoices issued by Webluno.