Terms & Conditions - Web Janix

Effective Date: 01 January 2024
Last Updated: 01 July 2025

1. Introduction and Acceptance

Welcome to Web Janix. These Terms & Conditions (“Terms”) govern your use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms.

Company Information:
Web Janix (Sole Proprietorship)
Owner: Abigail Crafford
Email: abigail@webjanix.co.za
Phone: +27 72 532 7216
Centurion, South Africa

2. Definitions

“We,” “us,” “our” refers to Web Janix
“You,” “your,” “Client” refers to the user or customer
“Services” refers to all services provided by Web Janix
“Website” refers to our website and any associated platforms
“Agreement” refers to these Terms and any additional service agreements

3. Services Description

Web Janix provides the following services:

3.1 Website Services

Website design and development
Website maintenance and updates
Website hosting and domain management
E-commerce solutions
Content management systems
Website optimization and SEO

3.2 Build Me an App

Mobile application development (iOS/Android)
Web application development
App design and user interface
App maintenance and updates
App store submission assistance
Cross-platform development solutions

3.3 Graphic Design

Logo design and branding
Marketing materials (brochures, flyers, banners)
Social media graphics
Business card and stationery design
Infographics and illustrations
Print and digital design solutions

3.4 Automation Services

Business process automation
Workflow optimization
Integration solutions
Custom automation tools
Email marketing automation
Data processing and management automation

3.5 Content & Transcription Services

Content writing and copywriting
Blog posts and articles
Audio and video transcription
Document translation services
Content editing and proofreading
Social media content creation

Detailed service specifications, deliverables, and timelines are provided in individual proposals or service agreements.

4. Acceptance and Formation of Contract

4.1 Electronic Transactions

In accordance with the Electronic Communications and Transactions Act (ECTA), contracts may be formed electronically through:

Email acceptance of proposals
Online order forms
Digital signatures
Click-through agreements

4.2 Cooling-Off Period

Where applicable under the Consumer Protection Act, consumers have a right to cancel within 5 business days of concluding the agreement, provided no performance has commenced.

5. Payment Terms

5.1 Pricing

All prices are quoted in South African Rand (ZAR)
VAT will be added if/when registration becomes mandatory
Prices are subject to change with 30 days’ notice

5.2 Payment Schedule

Deposits: 70% upon acceptance of proposal
Progress payments: As specified in individual agreements
Final payment: Upon project completion or monthly for ongoing services
Payment terms: 7 days from invoice date

5.3 Late Payment

Interest of 2% per month on overdue amounts
Suspension of services for accounts over 30 days overdue
Recovery costs may be added to outstanding balances

5.4 Payment Methods

We accept payment via:

Electronic fund transfer (EFT)
Credit/debit cards
Other methods as agreed

6. Service-Specific Terms

6.1 Website Services

Development Process: Follows agreed milestones with client approval at each stage
Content Responsibility: Client responsible for providing content, images, and copy
Browser Compatibility: Websites tested on major browsers (Chrome, Firefox, Safari, Edge)
Mobile Responsiveness: All websites designed to be mobile-friendly
Hosting: Separate hosting agreements may apply
SSL Certificates: Included where technically feasible
Maintenance: Ongoing maintenance available under separate agreements

6.2 Build Me an App

Platform Specifications: App development for specified platforms only
App Store Guidelines: Client responsible for compliance with app store policies
Testing: Includes testing on specified devices and OS versions
Source Code: Provided upon full payment completion
App Store Submission: Assistance provided but approval not guaranteed
Updates: Major OS updates may require additional development work
Performance: App performance depends on device specifications and network conditions

6.3 Graphic Design

Revisions: Includes 2 rounds of revisions per project
File Formats: Final files provided in agreed formats (PDF, PNG, JPG, etc.)
Print Quality: Print designs provided at 300 DPI minimum
Stock Images: Client responsible for licensing or we can source with additional costs
Brand Guidelines: Existing brand guidelines must be provided if applicable
Usage Rights: Client receives unlimited usage rights upon full payment
Original Files: Working files (AI, PSD, etc.) provided upon request

6.4 Automation Services

System Requirements: Client systems must meet specified technical requirements
Integration Limitations: Subject to third-party API availability and limitations
Testing Period: Includes testing and refinement period as agreed
Training: Basic training provided on implemented automation
Support: Ongoing support available under separate agreements
Data Security: Client responsible for data backup before implementation
Third-party Costs: Additional costs for third-party automation tools/services

6.5 Content & Transcription Services

Content Accuracy: Client responsible for reviewing and approving all content
Transcription Accuracy: 95%+ accuracy for clear audio recordings
Audio Quality: Poor quality recordings may affect accuracy and delivery time
Copyright: Client warrants they own rights to all source materials
Confidentiality: All content treated as confidential
Revisions: Minor revisions included, major rewrites quoted separately
Source Language: Transcription/translation accuracy depends on source clarity

7. Service Delivery and Performance

Project timelines are estimates based on information provided
Delays due to client feedback or content provision may extend timelines
We will notify you of any expected delays

6.2 Client Obligations

You agree to:

Provide necessary information and content promptly
Grant required access to systems and accounts
Respond to requests for feedback within agreed timeframes
Ensure content provided is accurate and legally compliant

6.3 Force Majeure

We are not liable for delays caused by circumstances beyond our reasonable control, including natural disasters, strikes, or government actions.

9. Intellectual Property Rights

9.1 Client Content

You retain ownership of all content, materials, and data provided to us, and grant us a license to use such materials solely for providing our services.

9.2 Deliverables

Upon full payment, you receive ownership of agreed deliverables, subject to any third-party licensing terms.

9.3 Pr-existing IP

We retain ownership of our per-existing intellectual property, methodologies, and tools used in providing services.

9.4 Third-party Content

Any third-party software, images, or content used remains subject to original licensing terms.

10. Confidentiality

10.1 Mutual Confidentiality

Both parties agree to keep confidential information disclosed during the course of our relationship confidential and not to disclose it to third parties without written consent.

10.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available
Is required to be disclosed by law
Is independently developed
Is received from a third party without breach of confidentiality

11. Warranties and Disclaimers

9.1 Service Warranty

We warrant that services will be performed with reasonable skill and care in accordance with industry standards.

9.2 Disclaimer

Except as expressly stated:

Services are provided “as is”
We disclaim all other warranties, express or implied
We do not guarantee specific outcomes or results
Client is responsible for testing and acceptance of deliverables

10. Limitation of Liability

10.1 Liability Cap

Our total liability for any claims arising from or relating to our services is limited to the amount paid by you for the specific services giving rise to the claim.

10.2 Excluded Damages

We are not liable for:

Indirect, incidental, or consequential damages
Loss of profits, data, or business opportunities
Damages arising from third-party products or services
Damages resulting from your failure to backup data

10.3 Consumer Protection Act

Nothing in these Terms excludes or limits liability that cannot be excluded under the Consumer Protection Act.

11. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses arising from:

Your breach of these Terms
Content or materials you provide
Your use of our services
Your violation of any third-party rights

12. Termination

12.1 Termination by Client

You may terminate services with 14 days written notice. You remain liable for:

Work completed to date
Non-refundable deposits
Costs incurred on your behalf

12.2 Termination by Web Janix

We may terminate services immediately for:

Non-payment of invoices
Breach of these Terms
Conduct that damages our reputation or business

12.3 Effect of Termination

Upon termination:

All outstanding invoices become immediately due
We will provide work completed to date upon payment
Confidentiality obligations continue
Termination does not affect accrued rights or obligations

13. Data Protection and Privacy

Your personal information is processed in accordance with our Privacy Policy and the Protection of Personal Information Act (POPIA). By using our services, you consent to such processing.

14. Consumer Rights

14.1 Consumer Protection Act

If you are a consumer as defined by the Consumer Protection Act:

You have rights regarding defective goods and services
You may have rights to cancel within specified periods
Certain terms may not be enforceable if deemed unfair

14.2 Fair Trading

We commit to fair, reasonable, and transparent business practices in accordance with South African consumer protection laws.

15. Dispute Resolution

15.1 Good Faith Resolution

Both parties agree to first attempt to resolve disputes through good faith negotiation.

15.2 Mediation

If negotiation fails, disputes will be referred to mediation before pursuing legal action.

15.3 Jurisdiction

These Terms are governed by South African law, and South African courts have jurisdiction over any disputes.

16. Website Terms of Use

16.1 Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms.

16.2 Prohibited Activities

You may not:

Use the website for illegal purposes
Interfere with website functionality
Attempt to gain unauthorized access to systems
Upload malicious software or content
Violate any applicable laws or regulations

16.3 Content Accuracy

While we strive for accuracy, we do not warrant that website content is complete, current, or error-free.

17. Amendments and Updates

17.1 Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting to our website, with notification provided for material changes.

17.2 Continued Use

Your continued use of our services after changes constitutes acceptance of updated Terms.

18. Communication and Notices

18.1 Electronic Communication

You consent to receive communications from us electronically via email or through our website.

18.2 Notice Requirements

Legal notices must be sent to:

Web Janix: site@webjanix.co.za
Client: Your registered email address or last known address

19. General Provisions

19.1 Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between the parties.

19.2 Severability

If any provision is found unenforceable, the remainder of the Terms remain in effect.

19.3 Assignment

We may assign our rights and obligations under these Terms. You may not assign without our written consent.

19.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

19.5 Relationship

These Terms do not create a partnership, joint venture, or employment relationship.

20. Compliance with South African Law

These Terms comply with:

Electronic Communications and Transactions Act (ECTA)
Consumer Protection Act (CPA)
Protection of Personal Information Act (POPIA)
Income Tax Act (sole proprietorship requirements)
Common law principles applicable to sole proprietorships

21. Contact Information

For questions about these Terms, please contact:

Web Janix
Email: abigail@webjanix.co.za
Phone: +27 72 532 7216
Centurion, South Africa

Last Updated: 21 July 2025
Version: 2.1

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.