Terms and Conditions

1. Scope of Services

1.1 TsitsikammaTech provides services including:

  • Network and WiFi installations
  • IT infrastructure and support
  • Website design and development
  • Search Engine Optimisation (SEO)
  • Social media management and digital marketing
  • Technical consulting

1.2 Services are delivered based on:

  • Client requirements
  • Available infrastructure
  • Platform limitations

1.3 Any work outside the agreed scope will be billed separately.

2. General Service Disclaimer

2.1 The Client acknowledges that:

  • Technology services are subject to external variables
  • Outcomes cannot always be guaranteed

2.2 The Company does not guarantee:

  • Specific performance outcomes
  • Business results (e.g. leads, sales, growth)
  • Compatibility with all systems

3. Website Development Terms

3.1 Scope and Deliverables

  • Websites are built according to agreed specifications
  • Any additional features or revisions outside scope are billable

3.2 Client Responsibilities

The Client must:

  • Provide content, images, and branding
  • Review and approve work within reasonable time

Delays from the Client may affect timelines.

3.3 Third-Party Dependencies

The Company is not responsible for:

  • Hosting provider issues
  • Domain provider issues
  • Plugin or CMS limitations

3.4 Website Performance Disclaimer

The Company does not guarantee:

  • Website uptime (hosting dependent)
  • Page speed beyond reasonable optimisation
  • Compatibility with all devices or browsers

4. SEO Services

4.1 No Guaranteed Rankings

The Company does not guarantee:

  • First-page rankings on search engines
  • Specific keyword positions
  • Increased traffic or sales

4.2 Nature of SEO

The Client acknowledges that SEO:

  • Is an ongoing process
  • Depends on search engine algorithms
  • Is influenced by competitors and market conditions

4.3 Third-Party Control

Search engines (e.g. Google) operate independently.

The Company has no control over:

  • Algorithm changes
  • Ranking fluctuations

5. Social Media & Digital Marketing

5.1 Platform Dependency

The Company is not responsible for:

  • Platform outages
  • Algorithm changes
  • Account restrictions or bans

Platforms include:

  • Meta Platforms (Facebook, Instagram)
  • Other third-party services

5.2 No Guaranteed Results

The Company does not guarantee:

  • Follower growth
  • Engagement levels
  • Leads or conversions

5.3 Content Responsibility

  • Content may be created or scheduled by the Company
  • Final responsibility for approval lies with the Client

The Client is responsible for:

  • Legal compliance of content
  • Accuracy of information

5.4 Ad Spend

  • Advertising budgets are separate from service fees
  • The Company is not responsible for ad platform performance

6. Networking & WiFi Services

6.1 Performance Disclaimer

Wireless and network performance depends on:

  • Physical environment
  • Interference
  • Device limitations

The Company does not guarantee:

  • Full coverage
  • Consistent speeds
  • Elimination of dead zones

6.2 ISP Limitation

The Company is not responsible for:

  • Internet speed or stability
  • Upstream provider limitations

7. Support and Maintenance

7.1 Services are once-off unless otherwise agreed.

7.2 The following require a separate agreement:

  • Ongoing support
  • Monitoring
  • Standby availability

7.3 Ad hoc support:

  • Subject to availability
  • Charged separately

8. Payment Terms

8.1 Payment terms are defined in quotes/invoices.

8.2 The Company may:

  • Suspend services for non-payment
  • Withhold deliverables

8.3 Completed work and labour are non-refundable.

9. Ownership and Retention

9.1 Ownership of work (e.g. websites, configurations) transfers only upon full payment.

9.2 The Company may:

  • Suspend access
  • Remove or disable services

If payment is not received.

10. Refunds and CPA Compliance

10.1 In line with the Consumer Protection Act (CPA):

  • The Company will first be allowed to fix or correct issues

10.2 Refunds do not apply where:

  • Services are delivered as agreed
  • Results are subject to external factors
  • Additional optimisation is required

11. Limitation of Liability

The Company is not liable for:

  • Loss of revenue
  • Business interruption
  • Data loss
  • Marketing performance

Liability is limited to the value of services rendered.

12. Client Conduct

The Company reserves the right to:

  • Refuse or terminate services in cases of abusive or unreasonable behaviour

13. Cancellation

The Client remains liable for:

  • Work completed
  • Time spent
  • Costs incurred

14. Dispute Resolution

Disputes may be escalated to:

  • National Consumer Commission

15. Acceptance

Acceptance of any quote, invoice, or service constitutes acceptance of these Terms.

16. Intellectual Property (IP)

16.1 Ownership

All intellectual property created by TsitsikammaTech, including but not limited to:

  • Website designs and code
  • Network designs and configurations
  • Documentation, proposals, and technical plans
  • SEO strategies and marketing materials

Remains the property of the Company until full payment has been received.

16.2 Transfer of Rights

Upon full payment:

  • The Client is granted a non-exclusive, non-transferable licence to use the deliverables for their intended purpose

Unless otherwise agreed in writing:

  • Ownership of underlying code, systems, methodologies, and frameworks remains with the Company

16.3 Restrictions

The Client may not:

  • Copy, reproduce, or reuse any work created by the Company for other projects
  • Share designs, configurations, or documentation with third parties for commercial gain
  • Reverse engineer or replicate solutions for use by another service provider

Without prior written consent from the Company.

16.4 Unpaid Work

If payment is not made:

  • The Client has no rights to use any deliverables
  • The Company may:
    • Revoke access
    • Disable systems
    • Remove deployed solutions where technically feasible

16.5 Portfolio Rights

The Company reserves the right to:

  • Showcase completed work in its portfolio, marketing materials, and case studies

Unless otherwise agreed in writing.

17. Confidentiality and Pricing Disclosure

17.1 Confidential Information

The Client agrees that all of the following are confidential:

  • Quotations
  • Pricing structures
  • Technical designs and proposals
  • Business processes and methodologies

17.2 Non-Disclosure of Pricing

The Client agrees not to disclose, share, or distribute:

  • Any quotation
  • Pricing information
  • Discounts or negotiated rates

To:

  • Other clients
  • Competitors
  • Third-party service providers

Without prior written consent from the Company.

17.3 Use of Quotes

Quotations provided by the Company:

  • Are for evaluation purposes only
  • May not be used to:
    • Obtain competitive quotes
    • Benchmark pricing with other providers
    • Replicate proposed solutions

17.4 Breach of Confidentiality

If the Client breaches this clause:

  • The Company reserves the right to:
    • Withdraw services
    • Cancel agreements
    • Pursue damages where applicable

17.5 Reasonableness

Nothing in this clause prevents the Client from:

  • Seeking independent advice
  • Exercising rights under the Consumer Protection Act (CPA)

However, disclosure of proprietary pricing and methodologies for competitive purposes remains prohibited.