TERMS AND CONDITIONS

Website Maintenance, Hosting & Email Support Services

1. Definitions and Interpretation

1.1  “The Company” refers to Digital4Front, trading as Digital4Front, with its principal place of business in South Africa (website: d4f.co.za).

1.2  “The Client” refers to any individual or legal entity that engages the Company for services as described herein.

1.3  “Services” refers to website maintenance and updates, web hosting, email hosting, domain management, and any related technical support provided by the Company.

1.4  “Support Request” refers to any communication from the Client requesting assistance, changes, or troubleshooting related to the Services.

1.5  “Business Hours” means Monday to Friday, 08:00 to 17:00 (South African Standard Time), excluding South African public holidays.

1.6  These terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA).

2. Scope of Services

2.1  Website Maintenance & Updates

2.1.1  WordPress core, theme, and plugin updates on a scheduled basis as agreed in the service plan.

2.1.2  Content updates including text, images, and page layout changes as reasonably requested by the Client.

2.1.3  Security monitoring, malware scanning, and remediation where applicable.

2.1.4  Regular website backups (frequency as defined in the service plan) and restoration upon request.

2.1.5  Performance monitoring and basic optimisation of page load speeds.

2.1.6  SSL certificate installation, renewal, and troubleshooting.

2.2  Web Hosting Support

2.2.1  Provisioning and management of shared, VPS, or dedicated hosting environments as specified in the Client’s hosting plan.

2.2.2  Server uptime monitoring with a target availability of 99.0% per calendar month, excluding scheduled maintenance windows.

2.2.3  Assistance with DNS configuration, domain registration, transfers, and renewals.

2.2.4  Troubleshooting server-related issues including PHP errors, database connectivity, and resource allocation.

2.2.5  cPanel/WHM administration and configuration support where applicable.

2.3  Email Hosting Support

2.3.1  Setup and configuration of email accounts, forwarders, autoresponders, and mailing lists.

2.3.2  Troubleshooting email delivery issues including SPF, DKIM, and DMARC configuration.

2.3.3  Assistance with email client configuration (Outlook, Thunderbird, mobile devices).

2.3.4  Email migration between hosting providers where technically feasible.

2.3.5  Spam filter configuration and management.

2.4  Exclusions

2.4.1  Services do not include custom software development, bespoke application programming, or new website design unless separately quoted and agreed upon in writing.

2.4.2  Third-party software licensing fees, premium plugin or theme purchases, and stock imagery costs are for the Client’s account.

2.4.3  The Company is not responsible for issues arising from the Client’s own modifications to the website, hosting environment, or email settings without prior consultation.

3. Service Level Agreement (SLA)

3.1  Support requests must be submitted via email or the Company’s designated support channel. Telephone requests will be acknowledged but must be confirmed in writing.

3.2  The Company will classify each request according to the following priority levels and respond within the corresponding timeframes:

 

Priority	Description	Response Time	Resolution Target
Critical	Website/email down, security breach	4 business hours	8 business hours
High	Major feature broken, email delivery failure	4 business hours	24 business hours
Medium	Minor bug, content update, config change	1 business day	3 business days
Low	Cosmetic change, general enquiry	2 business days	5 business days

 

3.3  Response time is measured from receipt of the support request during Business Hours. Requests received outside of Business Hours will be deemed received at the start of the next business day.

3.4  Resolution targets are best-effort estimates and are not guarantees. Complex issues may require extended timeframes, in which case the Client will be kept informed of progress.

3.5  The Company reserves the right to reclassify the priority of a support request based on its technical assessment of the issue.

3.6  Emergency out-of-hours support may be available at the Company’s discretion and will be billed at 1.5x the standard hourly rate.

4. Payment Terms and Rates

4.1  Retainer Plans: Where the Client subscribes to a monthly retainer, the agreed fee is due on or before the 1st of each calendar month. The retainer covers a specified number of support hours as set out in the service agreement.

4.2  Ad-Hoc Work: Work performed outside of a retainer arrangement or in excess of retainer hours will be charged at the Company’s prevailing hourly rate and invoiced monthly in arrears due on or before the 1st of each following calendar month.

4.3  All fees quoted are in South African Rand (ZAR) and are exclusive of Value-Added Tax (VAT) at the prevailing rate unless otherwise stated.

4.4  Overdue amounts will attract interest at the rate of 2% per month (or the maximum rate permissible by law, whichever is lower) calculated from the due date until the date of payment in full.

4.5  The Company reserves the right to suspend Services in the event of non-payment exceeding 30 (thirty) days, after providing the Client with 7 (seven) days’ written notice of intended suspension.

4.6  Hosting and domain renewal fees are due at least 10 (ten) days prior to the renewal date. Failure to pay may result in service interruption or domain expiry, for which the Company shall not be held liable.

4.8  The Company may revise its rates annually with 30 (thirty) days’ written notice to the Client. Continued use of Services after the effective date of the revised rates constitutes acceptance thereof.

5. Client Obligations

5.1  The Client shall provide the Company with timely access to all necessary login credentials, hosting accounts, domain registrar panels, and other resources required to perform the Services.

5.2  The Client shall provide clear and complete instructions for support requests. The Company is not liable for delays caused by incomplete or ambiguous instructions.

5.3  The Client is responsible for maintaining independent backups of their website content and data. While the Company provides backup services, these are supplementary and not a substitute for the Client’s own data protection obligations.

5.4  The Client shall ensure that all content provided for publication on the website complies with applicable South African law, including the Films and Publications Act, the ECTA, and intellectual property legislation.

5.5  The Client shall notify the Company promptly of any security incidents, suspected breaches, or unauthorised access to their accounts.

6. Intellectual Property

6.1  All intellectual property rights in custom code, scripts, or tools developed by the Company in the course of providing the Services shall remain the property of the Company unless explicitly assigned in writing.

6.2  The Client retains ownership of all original content (text, images, branding) provided to the Company for use on the Client’s website.

6.3  Third-party components (themes, plugins, libraries) remain subject to their respective licences. The Company makes no claim of ownership over such components.

6.4  The Company may display a discreet credit or link on websites maintained under these terms, unless the Client objects in writing.

7. Data Protection and POPIA Compliance

7.1  Both parties acknowledge their respective obligations under the Protection of Personal Information Act 4 of 2013 (POPIA) and undertake to process personal information lawfully and in accordance with its provisions.

7.2  Where the Company processes personal information on behalf of the Client (as an operator in terms of POPIA), it shall do so only on the Client’s documented instructions and for the sole purpose of fulfilling its obligations under these terms.

7.3  The Company shall implement reasonable technical and organisational measures to protect personal information against unauthorised access, loss, destruction, or damage, including but not limited to encryption, access controls, and regular security updates.

7.4  In the event of a data breach or security compromise involving personal information, the Company shall notify the Client without unreasonable delay and, where required, assist the Client in notifying the Information Regulator and affected data subjects in accordance with Section 22 of POPIA.

7.5  Upon termination of the service agreement, the Company shall, at the Client’s election, return or securely destroy all personal information in its possession, except where retention is required by law.

7.6  The Client warrants that it has obtained all necessary consents and authorisations for the collection and processing of personal information through its website, including cookies, contact forms, and newsletter sign-ups.

8. Limitation of Liability and Indemnity

8.1  The Company shall perform the Services with reasonable skill and care consistent with generally accepted industry standards in the South African IT sector.

8.2  The Company’s total aggregate liability arising out of or in connection with these terms, whether in contract, delict, or otherwise, shall not exceed the total fees paid by the Client to the Company in the 12 (twelve) months immediately preceding the event giving rise to the claim.

8.3  The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, loss of data, loss of business, or reputational damage, howsoever arising.

8.4  The Company shall not be liable for any loss or damage resulting from:

(a)  Actions or omissions of third-party service providers, including hosting data centres, domain registrars, payment gateways, or email relay services.

(b)  Force majeure events including, but not limited to, load-shedding, power outages, natural disasters, pandemics, government actions, civil unrest, or Internet service disruptions beyond the Company’s control.

(c)  The Client’s failure to maintain adequate backups of website content and data.

(d)  Unauthorised modifications to the website, hosting, or email environment by the Client or any third party not engaged by the Company.

8.5  The Client shall indemnify and hold the Company harmless against any claims, losses, damages, or expenses (including legal costs on an attorney-and-own-client scale) arising from the Client’s use of the Services, including any claim by a third party relating to content published on the Client’s website.

9. Confidentiality

9.1  Both parties shall treat all information exchanged in connection with these terms as confidential and shall not disclose such information to any third party without the prior written consent of the other party, except where disclosure is required by law or regulation.

9.2  This obligation of confidentiality shall survive the termination of these terms for a period of 2 (two) years.

10. Term and Termination

10.1  These terms shall commence on the effective date and shall continue on a month-to-month basis unless a fixed term is specified in the service agreement.

10.2  Either party may terminate these terms by providing 30 (thirty) calendar days’ written notice to the other party.

10.3  The Company may terminate these terms with immediate effect if the Client:

(a)  Fails to make payment within 30 (thirty) days of the invoice due date.

(b)  Uses the Services for any unlawful purpose or in a manner that breaches applicable South African legislation.

(c)  Commits a material breach of these terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.

10.4  Upon termination, the Company shall provide reasonable assistance to facilitate the transition of services to another provider, subject to payment of all outstanding fees. Such transition support shall be charged at the prevailing hourly rate.

10.5  Termination shall not affect any rights or obligations that have accrued prior to the date of termination.

11. Dispute Resolution

11.1  In the event of any dispute arising from these terms, the parties shall first attempt to resolve the matter through good-faith negotiation within 14 (fourteen) days.

11.2  Should negotiation fail, the dispute shall be referred to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or a mutually agreed mediator.

11.3  Should mediation fail to resolve the dispute within 30 (thirty) days, either party may institute legal proceedings in the appropriate court of the Republic of South Africa.

11.4  Nothing in this clause shall prevent either party from seeking urgent interim relief from a court of competent jurisdiction.

12. General Provisions

12.1  Entire Agreement: These terms, together with any service agreement or quotation accepted by the Client, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.

12.2  Amendments: The Company may amend these terms from time to time by providing the Client with 30 (thirty) days’ written notice. Continued use of the Services after the effective date constitutes acceptance of the amended terms.

12.3  Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.4  Waiver: No failure or delay by either party in exercising any right under these terms shall constitute a waiver of that right.

12.5  Cession and Assignment: Neither party may cede, assign, or delegate any of its rights or obligations under these terms without the prior written consent of the other party.

12.6  Notices: All notices under these terms shall be in writing and delivered by email to the addresses specified in the service agreement. Notices shall be deemed received on the business day following transmission.

12.7  Governing Law: These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties consent to the jurisdiction of the High Court of South Africa.

Last update: 3 December 2025

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