Terms and Conditions

1. Who we are

This website and the services described on it are provided by Digital Xpression (Pty) Ltd, registration number 2021/891315/07, a web design and digital marketing business with its business address at Unit R201A, Kramerville Corner (CRB House), Second Floor, Building 6, Cnr Kramer & Desmond Streets, Kramerville, Sandton, 2060. You can reach us at info@digital-xpression.com. Our full registered details are on our Company Information page.

2. About these terms

These terms apply when you use this website and when you buy services from us. By using this website you agree to them. If you do not agree to them, please do not use the site.

When you take a plan, you also sign a written agreement with us. That signed agreement is the contract between us. Where it differs from these terms, the signed agreement applies.

3. Using this website

You may view, download and print material from this site for your own use. You may not republish, sell or redistribute it, or use it commercially, without our written permission.

You may not use this site in any way that is unlawful, that damages or disrupts it, or that attempts to gain unauthorised access to it or to any system connected to it.

All content on this site, including text, layout, graphics, logos and code, belongs to us or is used under licence, and is protected by copyright and trade mark law. Work shown in our portfolio is displayed with the permission of the client concerned, and their logos and trade marks remain theirs.

Where we link to another website, we do so for convenience. We do not control those sites and we are not responsible for their content or their privacy practices.

We aim to keep this site available at all times but we do not guarantee it. We may suspend, withdraw or change any part of it without notice. Nothing on this site is advice, and nothing on it is an offer.

4. What we sell

We sell websites as a monthly service. One monthly fee covers the design and build of your website, hosting on South African infrastructure, one .co.za domain, an SSL certificate, daily off-site backups, software updates, malware scanning and firewall protection, uptime monitoring, an allowance of small content edits and support by email. There is no separate build fee, deposit or set-up fee.

Our plans are Starter, Bronze, Silver, Gold and Platinum. What each one includes is set out on our Services page and in Schedule 2 of your agreement.

We also offer a care plan for a website we did not build, and optional extras such as extra pages, copywriting, photography, logo and brand design, search engine optimisation, Google Ads and Google Business Profile management.

5. Prices

All prices are in South African Rand. We are not registered for VAT, so no VAT is added to our prices.

Prices shown on this website are indicative. Your price is confirmed in a written quotation and in your signed agreement before any work begins. Where a service is shown as a range or as “quoted per project”, we confirm the amount in writing first.

Advertising spend for Google Ads or social media is paid by you directly to Google or Meta and is not included in our fees.

6. How you order

1. You book a call or send us your details through the contact form.
2. We recommend a plan and send you a written quotation.
3. We send you the agreement for that plan. Nothing is charged until you sign it.
4. The first monthly fee is payable on signature, and the work begins.

7. Payment

The monthly fee is paid monthly in advance. The first payment is due on signature. After that we collect the fee on the first day of each month, or the next business day where that falls on a weekend or public holiday.

We collect by recurring card payment through our payment provider, Payfast. You complete a secure payment page, and your card details are held by the payment provider and not by us. We email you at least 3 business days before each collection, telling you the amount, the date and what it covers. You receive an invoice for each month.

You may cancel the recurring card authority at any time in writing, but that does not end your agreement or your obligation to pay.

If a collection fails, we retry it and tell you the same day. We contact you on day 3. On day 7 we give written notice that the website will be suspended. On day 14 the website is suspended and a holding page is shown. We restore it within 1 business day of receiving the arrear amount. Suspension does not end your agreement and does not pause your obligation to pay.

8. Timelines

Timelines run from the day you give us your complete content pack, not from signature. Typical time to launch is 1 to 2 weeks for Starter and longer for the larger plans, as set out in Schedule 3 of your agreement. If you send us your complete content pack within 48 hours of signature, we publish within 10 business days of receiving it.

If we do not receive your content within 10 business days of signature, or your feedback within 5 business days at a review stage, the project pauses and the timeline restarts when we receive it. The monthly fee stays payable, because it pays for the service as a whole and not only for the build.

9. Minimum term, cancellation and refunds

Starter runs for a minimum term of 12 months. Bronze, Silver, Gold and Platinum run for a minimum term of 24 months. After the minimum term, the agreement continues month to month until either of us gives 1 calendar month’s written notice.

How to cancel, what you pay if you cancel early, and when we refund money are set out in our Refund and Cancellation Policy.

10. Who owns what

Your domain name is registered in your name from day one and stays yours. We act as the administrative and technical contact, and we release the domain on request once all amounts due have been paid.

You own all content you give us, and your trade marks, logos and business names stay yours.

On Bronze, Silver, Gold and Platinum, ownership of the website passes to you at the end of the minimum term, once everything due has been paid. You can also take ownership earlier by paying the early ownership amount in your agreement. On Starter, the website stays ours until you buy it for the buy-out amount in your agreement.

Third-party items such as themes, plugins, stock images and fonts stay licensed rather than owned, on the terms of the licence concerned.

We may show your website in our portfolio and marketing, unless you tell us in writing that you would rather we did not.

11. What we need from you

You confirm that you own or are licensed to use all content you give us, and you cover us against any claim about that content. We may decline to publish content that is unlawful or that would expose either of us to liability, and we will tell you why in writing.

Please keep your admin login secure and tell us if you think it has been compromised. Please also tell us before you or anyone else changes the website’s software, theme, plugins or code. If a change made by you or a third party breaks something, fixing it is charged at the hourly rate in your agreement.

12. Support and availability

Support is by email. Response times depend on your plan and are set out in Schedule 4 of your agreement. We aim to keep your website available 99.9% of the time each month, excluding planned maintenance, but we cannot guarantee uninterrupted availability.

We correct any defect reported within 30 days of your website going live at no charge. After that, faults are corrected as part of your care plan.

13. Personal information

How we handle personal information is set out in our Privacy Policy. Where we handle personal information collected through your website, we do so as an operator on your instruction under the Protection of Personal Information Act 4 of 2013. You stay responsible for the privacy notice and consent on your own website. We give every client a privacy policy template to start from.

14. Liability

Neither of us is liable to the other for indirect or consequential loss, including loss of profit, revenue or expected savings. Our total liability is limited to the total amount you paid us in the 12 months before the event that caused the claim.

Nothing in these terms limits liability for fraud, or any liability that cannot be limited in law, including under the Consumer Protection Act 68 of 2008.

15. Complaints

If something goes wrong, email us at info@digital-xpression.com and we will try to sort it out. We reply within 2 business days.

16. Changes to these terms

We may change these terms from time to time. The date at the top shows when they last changed. Changes do not affect an agreement you have already signed.

17. Governing law

These terms and our agreements are governed by the laws of the Republic of South Africa, and the parties consent to the jurisdiction of the Magistrate’s Court.