DigiAfrica Terms and Conditions of Service

Effective Date: 1 January 2019

These Terms and Conditions govern all services provided by DigiAfrica and apply to every client, engagement, project, product, platform, campaign, website, system, subscription, retainer, hosting arrangement, advertisement, consultation, and any related service delivered by DigiAfrica. By engaging DigiAfrica, making payment, requesting work, granting access, or continuing to use any DigiAfrica service, the client agrees to be bound by these Terms in full.

1. Definitions

“DigiAfrica” refers to DigiAfrica, its owners, directors, contractors, employees, partners, and assigns.

“Client” refers to any individual, business, entity, or representative who engages DigiAfrica or benefits from its services.

“Services” includes but is not limited to website design, website hosting, maintenance, migrations, development, advertising management, social media management, SEO, analytics, consulting, content creation, strategy, automation, email marketing, system setup, platform access, training, and any digital or technical service offered by DigiAfrica.

“Fees” refers to any payment made or payable to DigiAfrica.

2. Acceptance and Binding Effect

These Terms constitute a legally binding agreement under South African law. No signed contract is required for enforceability. Engagement, payment, instruction, access provision, or continued use of services constitutes full acceptance.

No verbal statements, messages, emails, or representations override these Terms unless expressly confirmed in writing by DigiAfrica.

3. Scope of Services

DigiAfrica provides services on a best effort basis aligned with agreed objectives, KPIs, and industry standards.

All services are provided subject to:

  • Client cooperation

  • Timely approvals

  • Accurate information

  • Access to required systems

  • Reasonable timelines

Failure by the client to meet these requirements releases DigiAfrica from any performance obligations.

4. Fees, Payments, and Refund Policy

All Fees are strictly non refundable.

All payments are made at the sole discretion of DigiAfrica and are final once processed.

The client acknowledges and agrees that:

  • No refunds, reversals, credits, or chargebacks will be issued for any reason

  • Dissatisfaction, underperformance, misunderstanding, or change of mind does not constitute grounds for refund

  • Partial use of services does not entitle the client to partial refund

This policy applies to all DigiAfrica services without exception.

5. Hosting Services

Where DigiAfrica provides hosting:

  • Hosting is offered as a managed service

  • DigiAfrica retains full administrative control of hosting environments

  • Hosting is provided as is

  • Uptime, performance, backups, and security are best effort and not guaranteed

DigiAfrica is not liable for:

  • Downtime

  • Data loss

  • Third party failures

  • Software conflicts

  • Updates

  • Plugin issues

  • Client actions

The client remains responsible for their content, compliance, and backups unless explicitly stated otherwise in writing.

6. Website Content and Data

DigiAfrica is not responsible for loss of data, media, content, files, products, orders, or customer information.

The client confirms that:

  • They maintain independent backups

  • They verify content accuracy

  • They monitor their own systems

DigiAfrica does not guarantee preservation of any content unless specifically contracted.

7. Advertising, Marketing, and Performance Disclaimer

DigiAfrica does not guarantee:

  • Sales

  • Revenue

  • Leads

  • Conversion rates

  • Engagement

  • Reach

  • Return on investment

Advertising platforms are third party systems outside DigiAfrica control.

DigiAfrica can only work toward agreed KPIs and strategic goals based on available data, budget, market conditions, and client cooperation.

Underperformance does not constitute breach.

8. Client Responsibilities

The client agrees to:

  • Provide accurate and lawful information

  • Respond timeously

  • Approve deliverables promptly

  • Respect professional boundaries

  • Act in good faith

Failure to do so absolves DigiAfrica from liability or performance claims.

9. Limitation of Liability

To the maximum extent permitted under South African law:

  • DigiAfrica shall not be liable for any direct, indirect, incidental, consequential, or economic loss

  • DigiAfrica total liability shall never exceed the total Fees paid by the client

This includes but is not limited to loss of income, loss of business, reputational damage, or loss of opportunity.

10. Third Party Providers and Indemnification

The client acknowledges that DigiAfrica utilises third party providers including, but not limited to, hosting providers, network providers, cloud infrastructure providers, advertising platforms, software vendors, and service partners.

By engaging DigiAfrica, the client expressly agrees that:

  • All such third party providers are fully covered by these Terms

  • Any act, omission, failure, downtime, data issue, platform change, suspension, or performance issue arising from third party providers gives rise to no recourse against DigiAfrica

  • The client waives any claim against DigiAfrica arising from third party systems or dependencies

The client indemnifies and holds DigiAfrica, its directors, employees, contractors, and all associated third party providers harmless against any claim, loss, demand, damage, or legal cost arising from:

  • Use of third party services

  • Platform policies or enforcement

  • Infrastructure failures

  • Client content or conduct

11. Termination

DigiAfrica may terminate services immediately and without notice if:

  • Payments are overdue

  • Abuse or threats occur

  • False allegations are made

  • Cooperation breaks down

  • Legal risk arises

Upon termination:

  • No refunds are due

  • Access may be revoked

  • Data may be removed

12. Intellectual Property

All work remains DigiAfrica property until full payment is received.

DigiAfrica may display work in portfolios unless expressly prohibited in writing.

13. Legal Conduct and Defamation

False statements, accusations, or claims made publicly or privately that harm DigiAfrica reputation may constitute defamation under South African law.

DigiAfrica reserves all legal rights.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

The client consents to the jurisdiction of South African courts.

15. Variations, Amendments, and Entire Agreement

Unless explicitly stated otherwise in writing, any variation, exception, additional requirement, or deviation from these Terms shall have no force or effect.

Any change to these Terms, or any service specific requirement, scope adjustment, performance metric, obligation, or commitment:

  • Must be expressly agreed

  • Must be confirmed in writing by DigiAfrica

  • Will be outlined in full externally to these Terms, either per project, per service, or per client

No assumption, implication, prior discussion, or informal communication shall modify these Terms.

These Terms constitute the entire agreement between DigiAfrica and the client and supersede all prior discussions, understandings, or representations.

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

DigiAfrica All rights reserved Effective from 1 January 2019

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