Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the services provided by Webluno (Pty) Ltd (hereafter referred to as “Webluno”). Your access to and use of Webluno’s services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers, users, and others who use Webluno’s services.

BY ACCESSING OR USING WEBLUNO’S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU MAY NOT USE ANY OF WEBLUNO’S SERVICES.

1. Website Design Services

1.1) Before any website design services are rendered, a non-refundable deposit of 50% of the total project cost is required to commence work. The remaining 50% is due upon completion and delivery of all agreed-upon deliverables, as outlined in the project scope. Final payment must be made within 7 days of receipt of the final invoice. If payment is not received within this period, the service provider reserves the right to suspend or halt work on the project. The client agrees that they have listed all resources and provided clear instructions on what they want in the project scope. The client acknowledges that they cannot hold Webluno responsible for failing to deliver items or features that were not explicitly mentioned in the scope.

1.2) All project deliverables will be listed in the original project quote or agreed upon upfront via written communication.

1.3) Any additional work not listed in the agreed scope will incur an additional cost and will not affect the original payment agreement or the scope for the final payment.

1.4) A website design project will be classified as completed as soon as the project scope has been delivered, irrespective of whether the client has made the website live.

1.5) All website content, including text, images, and any other media, is to be provided by the client.

1.6) Webluno is not obligated to provide one-on-one training for using the website but will provide the customer with reasonable resources on how to operate the website, if applicable. This will include guidance on functions such as loading products, managing orders, or adding custom content, but will not cover design changes or other modifications.

1.7) Webluno reserves the right to display credit on the client’s site that links back to Webluno’s website. The client may request for this to be removed, but will incur a removal fee of R2500.

1.8) Webluno shall notify the Client upon the completion of each phase of the website design project. The Client shall have a period of seven (7) business days from the date of such notification to provide feedback or request revisions related to that specific phase.

a. In the event that no feedback is received from the Client within the aforementioned seven (7) business days, Webluno shall deem the phase to be accepted and completed, and shall proceed to the next phase of the project.

b. Should the Client provide feedback or request revisions for a phase after the expiration of the seven (7) business day period, Webluno reserves the right to charge for any additional work on an hourly basis in accordance with its standard rates. Such charges shall be separate from and in addition to the original project payment arrangement.

c. The Client acknowledges and agrees that the obligation to pay for services performed under the original project scope remains unaffected by this clause, and that any additional services requested due to delayed feedback shall constitute a separate and additional financial obligation.

d. Our WordPress website design process is split into three clear phases. First, we start with Discovery & Planning, where we define the site’s goals, structure, content needs, and plugin requirements. Next comes Design & Theme Customization, where we build out the design directly in WordPress using tools like Elementor or Gutenberg — applying your branding, layout styles, and mobile responsiveness. Finally, in the Development, Content & Launch phase, we load your real content, optimize for performance and SEO, configure all plugins, and launch the site.

2. Pay Monthly Website Packages

2.1) Our monthly website design packages operate on a rental basis, meaning the client leases the website rather than owning the rights to its core files and proprietary code. However, any content, images, or files provided by the client remain their property. The client will not have access to the website’s files or control panel, as these remain the property of Webluno.

2.2) Our monthly website design services require a credit or debit card linked to the client’s account for recurring monthly subscription billing.

2.3) Pay-monthly website packages include 5GB of website hosting. Any additional hosting space will be charged per GB at the standard rate and the client will automatically be charged at the end of the month. 

2.4) The client has the option to purchase the website and obtain full ownership. This will be charged at the standard website design rate for the specific package.

2.5) Any websites suspended due to non-payment will be permanently deleted after 30 days of non-payment.

2.6) Each website package includes 30 minutes of support per month for minor updates and assistance. Any additional changes or requests beyond this time will be charged at our standard hourly rate.

2.7) The client is responsible for ensuring that any content they provide does not infringe on copyrights, trademarks, or other legal rights. Webluno is not liable for any legal disputes arising from the client’s content.

3. Search Engine Optimization (SEO)

3.1) The client agrees and understands that SEO results are not guaranteed due to the nature of SEO and the many factors that influence rankings.

3.2) The client agrees that Webluno cannot guarantee SEO results and will not be liable to issue refunds for services already delivered, regardless of whether the client achieves good rankings or attracts clients.

3.3) Webluno may, at its discretion, use third-party providers to outsource certain SEO tasks.

3.4) All SEO deliverables will be outlined in the selected SEO package, which can be found on the Webluno website.

3.5) The client will provide Webluno with all required resources and content necessary to successfully carry out the SEO services. Any delay in providing these resources may affect SEO results.

3.6) The client agrees that they will not, unless given permission by Webluno, make use of additional service providers that may conflict with Webluno’s SEO process, such as other website designers making changes to content or layouts of the client’s website.

4. Pay Per Click Advertising (PPC)

4.1) The client agrees and understands that pay-per-click (PPC) advertising is not guaranteed to provide results or sales.

4.2) The client will be responsible for all payments made to the advertising platforms and will pay Webluno a separate management fee for handling the campaigns.

4.3) The client cannot hold Webluno responsible for account suspensions or policy violations by the advertising platforms, as these policies are subject to change on a regular basis. However, Webluno will do its best to ensure such violations do not occur.

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

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.

Furthermore, the Client remains fully liable for all amounts owed under the original agreement, regardless of whether they choose to continue, pause, or alter the campaign on their own.

5. Website Maintenance Services

5.1) Webluno cannot guarantee that website maintenance services will be error-free, but will make every effort to deliver the best services possible.

5.2) All website management packages include 5GB of standard shared website hosting services. Any additional storage required will be charged at R25 per GB.

5.3) The client agrees to provide Webluno with full website and hosting access to ensure that maintenance services can be carried out effectively.

5.4) Website maintenance services include a set number of support hours each month, which do not roll over and will expire at the end of each month.

5.5) Website maintenance services will only apply to the client’s website and will not include the management or support of third-party platforms.

5.5) Website maintenance services will be delivered within 24 to 48 hours of the request, excluding public holidays and weekends, unless agreed upon separately.

6. Website Hosting, Domain Names & SPAM

6.1) Webluno makes use of third-party providers to offer clients website hosting and domain registration services.

6.2) Webluno is bound by the terms of the third-party providers, and as a result, the client will also be indirectly bound by these terms.

6.3) Expired domain names may incur a penalty fee as imposed by the domain registrars or selected TLDs. Webluno will pass on these costs to the client, and an additional administration fee may be applicable.

6.4) Webluno may suspend and terminate hosting services if invoices become overdue. Hosting accounts will be automatically terminated (deleted) after 30 days from the invoice due date if no payment has been received.

6.5) Webluno will not be held liable for data lost as a result of a suspended or terminated account. If the client wishes to retrieve their data from a suspended account, they will need to renew the service, as they have been provided adequate time before the account was suspended.

6.6) Webluno cannot guarantee that the services will be error-free but will make every effort to deliver the best possible results.

6.7) All Clients utilizing hosting services provided by Webluno agree to be bound by the Acceptable Use Policy of Webluno’s hosting partner, Elitehost, which can be accessed at: https://www.elitehost.co.za/about/acceptable-use-policy.

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

In the event of any breach by the Client that results in penalty fees, fines, or charges imposed by the hosting provider or other third parties, such penalties shall be the sole responsibility of the Client. Additionally, Webluno 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.

7. Payments

7.1) Webluno will send out invoices 15 days before the renewal of services.

7.2) Webluno will only accept EFT or card payments and will invoice clients for any processing and banking fees if they choose to use alternative payment methods.

7.3) Services will have a grace period of 5 days before suspension. The said services will be terminated (deleted) after 30 days of non-payment.

7.4) If clients opt to use credit card payments, they agree that their details will be stored on a secure and compliant payment platform provided by a payment provider and that invoices will be automatically charged on their due dates.

7.5) For any services to be cancelled and payments to be stopped, the client must notify Webluno 20 days in advance to ensure there is enough time to cancel orders and ensure that no outstanding payments remain on the account.

7.6) It is the responsibility of the client to ensure that Webluno’s banking details are correct. Webluno will not be held responsible for payments made into fraudulent or incorrect bank accounts.

8. Indemnification

8.1) Clients agree 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 attorney’s fees), and obligations arising from:

a. The client’s use of and access to Webluno’s services.
b. The client’s breach of any provision of these terms of service.
c. The client’s violation of any third-party rights, including but not limited to copyright, property, or privacy rights.
d. Any claim that the client’s content caused harm or damage to a third party.

9. Disclaimer

9.1) Webluno shall not be liable for any damages, losses, or expenses your business may incur. Webluno makes no warranties, either express or implied, regarding the services we provide, including but not limited to warranties of merchantability or fitness for a particular purpose. This includes, without limitation, any loss of data resulting from delays, non-deliveries, incorrect deliveries, or service interruptions caused by Webluno or its employees.

9.1) Webluno cannot be held responsible for damages or errors to the client’s services resulting from third-party services that no longer function as required, as these are outside of Webluno’s control.

9.2) Webluno cannot guarantee that our services will be error-free or without issues, but we will do everything in our ability to ensure the services are provided to the best of our ability.

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. Additionally, Webluno may, at its sole discretion, edit, refuse to post, or remove any information or materials, in whole or in part, from its services.

11. Abuse

11.1) Webluno maintains a strict policy against the abuse of its services. Any use of Webluno’s services that is deemed abusive, harmful, or unlawful may result in the immediate termination of the client’s access to the services, without prior notice or compensation. 

12. Changes to Terms & Conditions

12.1) Webluno reserves the right to modify these terms of service at any time and will notify the client via email. If the client does not agree to the updated terms, they may cancel their services with Webluno without incurring any cancellation fees.

12.2) If no objection or cancellation request is received within 7 days of the change to these terms and conditions, the updated terms will be deemed accepted by the client.

13. Customer Accounts & Profiles

13.1) It is the responsibility of the client to ensure that their account and billing details are up to date. The client may update these details themselves or contact Webluno to do so on their behalf. Webluno will not be held responsible for any damages caused by incorrect or outdated contact information.

14. Refunds

14.1) Webluno reserves the right to determine, at its sole discretion, whether the client is eligible for a refund under the following circumstances related to website design services:

a. Webluno is unable to meet the requirements as agreed upon in the original scope of work, for which a quote was issued.

14.2) If Webluno fails to deliver the agreed-upon services, as outlined in the original scope of work, the client is entitled to request a remedy, which may include a refund, replacement, or correction of the work, as required by the Consumer Protection Act of South Africa. Webluno will assess the situation and, in compliance with the CPA, will offer a solution that is fair and reasonable in the circumstances.

However, the client cannot request a refund in cases where the scope details provided to Webluno are inaccurate, or if the client simply no longer wishes to proceed with the services, as these circumstances do not qualify for a refund under the CPA.

15. Acceptance

15.1) These terms of service will be effective and deemed accepted when the client makes any form of payment to Webluno, as Webluno clearly communicates that these are the terms under which services will be provided.