Terms of Service

1. About these Terms

These Terms of Service govern the use of the NetZion website and the services supplied by NetZion.

They apply together with any quotation, proposal, service package, order form or project specification accepted by the Client.

By accepting a quotation, paying an invoice or deposit, instructing NetZion to begin work, or continuing to use a recurring NetZion service, the Client agrees to these Terms.

Business Day means Monday to Friday, excluding South African public holidays. A response target refers to the time in which NetZion will acknowledge and begin assessing a request during normal operating hours. It is not a guaranteed completion time; resolution depends on the nature and complexity of the request and any third-party dependencies.

Certain provisions may limit NetZion’s liability, create obligations for the Client or require the Client to indemnify NetZion in specified circumstances. These provisions should be read carefully.

Nothing in these Terms is intended to remove or restrict any right that cannot lawfully be excluded under South African law.

2. NetZion’s details

The service provider is:

Trading name: NetZion

Legal name: Renaldo Hake trading as NetZion

Legal status: Sole proprietor

Company registration number: Not applicable

Public location: Gauteng, South Africa

Email address: info@netzion.co.za

Telephone number: 081 550 3996

Website: https://netzion.co.za/

VAT registration: Not registered

VAT number: Not applicable

3. Services

NetZion provides services which may include:

• website design and development;
• website hosting;
• domain-related assistance;
• business email hosting;
• website maintenance;
• website monitoring;
• backups;
• website security services;
• vulnerability assessments;
• search-engine optimisation;
• digital consulting; and
• related technical services.

The specific services supplied to a Client will be recorded in the applicable quotation, proposal or service package.

Anything not expressly included in the accepted quotation is excluded from the agreed scope.

4. Quotations and project scope

A quotation is valid for the period stated in it. If no validity period is stated, it will remain valid for 14 calendar days.

The quotation will ordinarily describe:

• the work to be performed;
• the Deliverables;
• the number of pages or features included;
• the number of revision rounds;
• the project price;
• payment milestones;
• recurring charges;
• estimated timelines; and
• important exclusions.

A quotation is based on the information available when it is prepared.

NetZion may revise the price or timeline if:

• the Client changes the requirements;
• information supplied by the Client was incomplete or inaccurate;
• the Client requests additional pages, functions or revisions;
• an unforeseen technical problem is discovered;
• a third-party provider changes its fees or requirements; or
• work must be repeated because of changes made by the Client or another provider.

Additional work will be quoted separately and will not begin until approved by the Client.

5. Client responsibilities

The Client must:

• provide accurate and complete instructions;
• provide required content, images, logos and access details;
• respond to requests for information and approval within a reasonable period;
• ensure that all supplied content is lawful and accurate;
• obtain permission to use supplied photographs, trademarks, text and other materials;
• review the website and Deliverables before approving them;
• maintain secure account credentials;
• notify NetZion promptly of suspected unauthorised access or security incidents;
• comply with applicable laws; and
• pay all agreed fees when due.

The Client is responsible for the accuracy of its business information, prices, professional claims, legal notices, product descriptions and regulatory disclosures.

NetZion is not a law firm, accounting firm or regulatory authority. The Client remains responsible for obtaining appropriate professional advice concerning its legal and industry-specific obligations.

6. Client content

The Client retains ownership of the content it supplies to NetZion.

The Client grants NetZion permission to use, edit, copy, host and process that content to the extent reasonably necessary to provide the Services.

The Client warrants that:

• it owns the content or has permission to use it;
• the content does not infringe another person’s rights;
• the content is not unlawful, misleading or defamatory; and
• publication of the content will not violate applicable law.

NetZion may refuse to publish content that it reasonably believes is unlawful, harmful, misleading, insecure or infringing.

7. Project timelines

Any project completion date is an estimate unless expressly identified in writing as a guaranteed deadline.

The timeline depends on the Client providing the required:

• information;
• content;
• access;
• feedback;
• approvals; and
• payments.

A delay by the Client may extend the delivery date.

Where the Client fails to provide required information, feedback or approval for 30 calendar days, NetZion may place the project on hold.

A project placed on hold will be rescheduled according to NetZion’s availability. NetZion may charge a reasonable restart fee where substantial work is required to resume the project, provided that the fee is disclosed before work resumes.

8. Revisions and changes

The number of revisions included in a project will be stated in the quotation.

A revision means a reasonable amendment to work already completed within the agreed scope.

A revision does not include:

• an entirely new design direction;
• additional pages;
• substantial layout changes after approval;
• new functionality;
• new integrations;
• replacement of previously approved content; or
• changes to the original project requirements.

Work outside the agreed scope may be quoted separately.

To prevent scope creep, feedback should be submitted clearly and, where possible, in one consolidated response.

9. Approval and acceptance

The Client must inspect each Deliverable and report any material failure to meet the agreed specification.

Unless another period is stated in the quotation, the Client should report material defects within seven Business Days after receiving the Deliverable for review.

A Deliverable will be considered approved when the Client:

• confirms approval in writing;
• instructs NetZion to publish or launch it;
• begins using it commercially; or
• fails to report a material defect within the review period.

This does not remove any warranty or consumer right which applies under South African law.

Once a stage has been approved, later changes may be treated as additional work.

10. Website launch

A website will ordinarily be launched only after:

• the agreed work has been completed;
• the Client has approved the website;
• all amounts required before launch have been paid;
• the Client has provided the necessary domain and hosting access; and
• required third-party services are available.

The Client must verify all important information before launch, including:

• contact details;
• prices;
• services;
• business claims;
• forms;
• email recipients;
• product information;
• professional statements;
• privacy notices; and
• legal information.

DNS changes, domain transfers, caching and email configuration may cause temporary delays or disruption during launch.

11. Fees and payment

The Client must pay the fees stated in the accepted quotation or invoice.

Unless otherwise agreed:

• a deposit is payable before project work begins;
• project milestone payments are payable when the relevant milestone is reached;
• hosting and maintenance fees are payable monthly in advance;
• domain, licence and third-party fees may be payable in advance; and
• invoices are payable within seven calendar days.

Prices are stated in South African rand.

NetZion is not currently registered for VAT. VAT is not currently applicable to displayed prices.

The Client must raise a genuine invoice dispute in writing within seven calendar days after receiving the invoice and explain the reason for the dispute.

The undisputed portion of an invoice remains payable.

12. Late payment and suspension

Where an undisputed payment is overdue, NetZion may:

• issue payment reminders;
• withhold unpublished Deliverables;
• stop additional project work;
• suspend affected hosting, maintenance or email Services after reasonable notice; and
• recover reasonable collection costs where legally permissible.

Except in urgent circumstances, NetZion will provide reasonable notice before suspending a Service.

Suspension does not remove the Client’s responsibility to pay for Services already supplied.

NetZion will not exercise its suspension or cancellation rights in a manner that unlawfully conflicts with the Consumer Protection Act.

13. Recurring fees and price changes

Recurring Services may include:

• hosting;
• email;
• website maintenance;
• monitoring;
• backups;
• security services; and
• support packages.

NetZion may adjust recurring fees by giving the Client at least 30 calendar days’ written notice.

A Client who does not accept a material price increase may cancel an affected month-to-month Service before the increase takes effect, subject to payment of all amounts already due.

Third-party price increases may be passed on to the Client where the relevant third-party service is required to continue supplying the Service.

14. Hosting

Hosting is subject to the storage, bandwidth, mailbox, resource and usage limits of the selected package.

The Client may not use NetZion’s hosting Services to:

• break any law;
• distribute malware;
• conduct phishing;
• send spam;
• steal credentials;
• infringe intellectual-property rights;
• host unlawful content;
• interfere with another system;
• conduct unauthorised security testing; or
• consume excessive resources which materially affect other users.

NetZion may take urgent and reasonable steps to isolate or suspend a website where necessary to:

• contain a security incident;
• prevent unlawful activity;
• protect NetZion or another person;
• comply with a lawful instruction; or
• prevent material damage.

Where possible, the Client will be notified before suspension. Where advance notice would increase the risk, notice may be given afterwards.

Hosting does not guarantee that a website will always be available or that it can never be attacked, compromised or affected by an infrastructure failure.

Any guaranteed uptime commitment applies only if expressly stated in the Client’s service package.

15. Domain names

Domain names are registered and renewed subject to the rules of the relevant registrar and domain authority.

The Client is responsible for:

• selecting a lawful domain name;
• ensuring that the domain does not infringe another person’s rights;
• providing accurate registrant information; and
• paying renewal fees before the renewal deadline.

Where reasonably possible, a Client’s domain should be registered in the Client’s own name.

NetZion cannot guarantee that a requested domain will remain available until registration is successfully completed.

NetZion will not be responsible for the loss of a domain caused by:

• the Client’s late payment;
• inaccurate information supplied by the Client;
• action by the domain registrar or registry;
• a domain dispute; or
• circumstances reasonably outside NetZion’s control.

After termination and payment of all undisputed amounts, NetZion will reasonably assist with transferring a Client-owned domain.

Transfer or administrative charges may apply.

16. Email services

Where email is included, the number of mailboxes, storage capacity and technical limits will be determined by the selected package.

Email delivery cannot be guaranteed. External systems may delay, reject, quarantine or classify messages as spam.

The Client is responsible for:

• safeguarding email passwords;
• using multifactor authentication where available;
• managing mailbox storage;
• retaining important communications;
• complying with anti-spam laws; and
• ensuring that users do not send malicious or unlawful messages.

Unless an email backup or archiving service is expressly included, NetZion does not guarantee the long-term retention of email.

A mailbox that exceeds its storage allocation may stop receiving messages.

17. Website maintenance

Website maintenance includes only the services stated in the selected package.

Minor content changes may include changes to existing text, replacing existing images, updating contact details, opening hours, prices or staff profiles, minor formatting corrections and small changes to existing sections that do not alter the website structure. The complexity and time required for a change determine whether it falls within the included allowance.

Unless specifically included, website maintenance does not cover:

• new pages, layouts or redesigns;
• new forms, booking systems or e-commerce functionality;
• payment integrations, customer portals or database development;
• new third-party integrations or custom functionality;
• major SEO projects or copywriting;
• malware recovery or emergency incident response;
• repairing changes made by the Client or another provider;
• major website migrations;
• paid software licences; or
• work on obsolete or unsupported software.

Unused monthly support time does not roll over and expires at the end of each billing month.

NetZion may decline a requested change that is unlawful, technically unsuitable, insecure or outside the agreed package.

18. Backups

Backups are supplied only where they are included in the applicable hosting or maintenance package and are subject to the applicable retention period.

Essential Care includes weekly backups retained for up to 30 days. Professional Care includes daily backups retained for up to 30 days. Business Care includes daily backups retained for up to 90 days.

One backup restoration per calendar month is included where a suitable recent backup is available. Additional restorations, extensive recovery work, malware recovery or restoration required because of Client actions, compromised credentials or third-party changes may be quoted separately.

No backup system can guarantee complete recovery. A backup may be incomplete, corrupted or unavailable, and restoration of the latest version cannot be guaranteed.

The Client should retain independent copies of business-critical information. NetZion will use reasonable efforts to restore an available suitable backup but cannot guarantee that every item or the most recent version can be recovered.

19. Website and cybersecurity services

NetZion may provide security-related services such as:

• HTTPS configuration;
• website hardening;
• software updates;
• malware scanning;
• backups;
• website monitoring;
• defacement monitoring;
• firewall configuration;
• vulnerability assessments;
• email-authentication configuration; and
• security recommendations.

No security measure can eliminate every risk.

NetZion does not guarantee that a website, mailbox, account, server or other system will never experience:

• unauthorised access;
• malware;
• data loss;
• vulnerabilities;
• credential compromise;
• zero-day attacks;
• user error;
• provider failure; or
• social-engineering attacks.

A vulnerability assessment reflects the system and information available at the time of testing. It does not guarantee that every vulnerability will be identified.

Intrusive security testing or penetration testing will be conducted only with proper written authorisation.

NetZion does not provide continuous SOC monitoring, guaranteed immediate incident response or round-the-clock support unless separately agreed in writing.

20. Third-party services

NetZion may use or integrate third-party services, including:

• hosting providers;
• domain registrars;
• content-management systems;
• plugins and themes;
• payment gateways;
• cloud services;
• analytics platforms;
• email providers;
• security platforms; and
• software APIs.

Third-party services are governed by their own terms, pricing, privacy practices and technical restrictions.

NetZion cannot control or guarantee the availability or continued operation of a third-party service.

Where a third party changes, restricts or discontinues its service, any required replacement or development work may be quoted separately.

The Client is responsible for third-party licences and subscriptions unless expressly included in NetZion’s quotation.

21. Intellectual property

The Client retains ownership of content supplied by the Client.

NetZion retains ownership of its:

• pre-existing code;
• reusable components;
• frameworks;
• templates;
• libraries;
• internal tools;
• development methods;
• processes; and
• technical knowledge.

Unless the quotation states otherwise, ownership of custom Deliverables created specifically for the Client transfers to the Client after NetZion receives full payment for those Deliverables.

Third-party software, fonts, themes, images, plugins and open-source components remain subject to their respective licences.

Where NetZion’s reusable materials form part of a paid Deliverable, the Client receives a continuing licence to use those materials as part of the completed website for its own business purposes.

The Client may not extract and resell NetZion’s reusable components as standalone products.

22. Portfolio use

Unless the Client objects in writing for a legitimate confidentiality, security or regulatory reason, NetZion may:

• identify the Client as a customer;
• display a screenshot of publicly available completed work;
• link to the completed public website; and
• describe the general nature of the project in NetZion’s portfolio.

NetZion will not intentionally publish confidential information, credentials, private systems or non-public Client information.

A website credit or footer link will be used only where this was disclosed in the quotation or agreed with the Client.

23. Search engines and business results

NetZion does not guarantee:

• a particular Google or search-engine ranking;
• a specific number of visitors;
• sales or enquiries;
• advertising approval;
• customer conversions;
• revenue growth; or
• any specific commercial result.

Search engines, browsers, social platforms and advertising providers control their own systems and may change their requirements without notice.

Any projection, forecast or recommendation is an informed estimate and not a guarantee.

24. Personal information and POPIA

Each party must comply with the Protection of Personal Information Act 4 of 2013 where applicable.

The Client will ordinarily be the responsible party for Personal Information collected through the Client’s website or business.

Where NetZion processes that Personal Information only to provide Services to the Client, NetZion will ordinarily act as an operator.

When acting as an operator, NetZion will:

• process Personal Information only with the Client’s knowledge or authorisation;
• use it only as necessary to provide the Services;
• treat it as confidential;
• implement appropriate and reasonable safeguards;
• limit access to authorised persons;
• notify the Client promptly where NetZion has reasonable grounds to believe that relevant Personal Information has been accessed or acquired by an unauthorised person; and
• reasonably assist the Client with applicable data-protection obligations.

The Client remains responsible for:

• determining a lawful basis for collecting Personal Information;
• publishing appropriate privacy notices;
• obtaining consent where required;
• responding to data-subject requests;
• determining appropriate retention periods;
• providing lawful instructions to NetZion; and
• making legally required notifications to affected persons or regulators.

Some hosting, cloud or technical providers may process information outside South Africa. NetZion will take reasonable steps to use providers and arrangements consistent with applicable data-protection requirements.

More information is available in NetZion’s Privacy Policy.

25. Confidentiality

Each party must protect the other party’s confidential information and use it only for purposes connected to the Services.

Confidential information does not include information which:

• is already publicly available;
• was lawfully known before disclosure;
• was independently developed;
• was lawfully received from another source; or
• must be disclosed by law.

Where legally permitted, a party required to disclose confidential information should notify the other party before disclosure.

These confidentiality obligations continue after the Agreement ends.

26. Service quality

NetZion will perform the Services:

• with reasonable care and skill;
• using personnel reasonably suitable for the work;
• within a reasonable time where no fixed time has been agreed; and
• according to the agreed scope.

Where the Consumer Protection Act applies, nothing in these Terms excludes the Client’s applicable statutory rights.

The Client must notify NetZion of a genuine defect and allow NetZion a reasonable opportunity to investigate and remedy it.

NetZion cannot guarantee compatibility with every device, browser, plugin, future software release or third-party system.

Unless otherwise stated, testing will focus on current major browsers and commonly used screen sizes at the time of delivery.

27. Limitation of liability

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability arising from fraud or any non-excludable consumer right.

To the maximum extent legally permissible, NetZion will not be liable for loss caused solely by:

• inaccurate information supplied by the Client;
• unlawful Client content;
• compromised credentials controlled by the Client;
• unauthorised changes by the Client or another provider;
• rejection or non-implementation of a security recommendation;
• failure by the Client to maintain an independent backup where required;
• an unsupported or obsolete system;
• non-payment of a domain, licence or third-party service;
• failure of a third-party service outside NetZion’s reasonable control; or
• circumstances outside NetZion’s reasonable control.

Subject to applicable law, NetZion will not be responsible for indirect or consequential loss that was not reasonably foreseeable when the Agreement was concluded.

Subject to any liability which cannot lawfully be limited, NetZion’s total liability arising from a Service will not exceed:

• for a once-off project, the amount paid or payable for that project; or
• for a recurring Service, the fees paid or payable for the affected Service during the six months before the event giving rise to the claim.

This limitation applies only to the extent that it is fair, reasonable and lawful in the circumstances.

28. Client indemnity

To the extent permitted by law, the Client indemnifies NetZion against third-party claims arising directly from:

• unlawful Client content;
• infringement caused by material supplied by the Client;
• unlawful use of the Services;
• instructions given without proper authority;
• unauthorised security testing;
• spam, phishing or malicious activity by the Client; or
• material changes made by the Client or another provider after delivery.

This indemnity does not apply to the extent that a claim was caused by NetZion’s own unlawful, wilful or negligent conduct.

29. Month-to-month Services

Unless the quotation states otherwise, recurring Services are supplied on a month-to-month basis.

Either party may terminate a month-to-month Service by giving at least one calendar month’s written notice.

Fees remain payable during the notice period.

The Client must pay any:

• outstanding invoices;
• properly incurred third-party fees;
• agreed migration costs; and
• work performed before termination.

30. Fixed-term agreements

Where section 14 of the Consumer Protection Act applies to a fixed-term agreement:

• the Consumer may cancel the agreement on 20 Business Days’ written or other recorded notice;
• NetZion may charge only a reasonable cancellation fee permitted by law;
• NetZion will provide any expiry notice required by law;
• NetZion may cancel for material breach only after giving the required notice and opportunity to remedy; and
• the agreement may continue on a month-to-month basis after expiry unless the Consumer directs otherwise or lawfully agrees to renewal.

These statutory rights apply only where the Consumer Protection Act applies to the transaction and the particular Client.

31. Project cancellation

Where a Client cancels a project without breach by NetZion, the Client must pay for:

• work already completed;
• time reasonably spent on the project;
• non-refundable third-party expenses;
• approved work already committed to; and
• any reasonable and lawful cancellation charge stated in the quotation.

Any amount paid in excess of those charges will be refunded.

Where NetZion terminates a project without breach by the Client, NetZion will refund any prepaid amount relating to work not yet performed, excluding non-refundable third-party costs properly incurred.

32. Termination for breach

Either party may terminate the Agreement where the other party materially breaches it and fails to remedy the breach after receiving written notice.

Where the Consumer Protection Act requires a 20-Business-Day remedy period, that period will apply.

In other cases, the default remedy period will be 10 Business Days.

A Service may be terminated immediately where there is:

• fraud;
• serious unlawful activity;
• a severe and immediate security threat;
• repeated material breach; or
• another circumstance where continued performance would be unlawful or expose another person to material harm.

33. Consequences of termination

After termination:

• the Client must pay all undisputed amounts due;
• NetZion will stop providing the terminated Services;
• subscription-dependent licences may end;
• NetZion will reasonably assist with transferring Client-owned assets;
• migration or export work outside the package may be charged separately; and
• hosted data may be deleted after reasonable notice, subject to legal retention requirements and available backup cycles.

The Client should arrange any transfer, export or migration before the termination date.

NetZion is not required to release assets owned by NetZion or a third party.

34. Cooling-off rights

Where a transaction qualifies for a cooling-off period under the Electronic Communications and Transactions Act or another applicable law, the Consumer may exercise that right within the legally prescribed period and manner.

Any lawful exception to a cooling-off right will continue to apply.

35. Force majeure

Neither party will be responsible for delay or failure caused by circumstances reasonably outside its control, including:

• natural disasters;
• fire or flooding;
• civil unrest;
• war;
• widespread electricity failure;
• internet backbone failure;
• major telecommunications failure;
• government action;
• provider outages;
• labour disruption;
• exceptional cyberattacks; or
• failure of essential infrastructure.

The affected party must take reasonable steps to reduce the impact and resume performance when reasonably possible.

If the event continues for more than 30 calendar days and materially prevents the affected Service, either party may terminate that Service on written notice.

Amounts relating to Services already supplied remain payable.

36. Complaints

A complaint may be submitted to:

Email: info@netzion.co.za

Telephone: 081 550 3996

Public location: Gauteng, South Africa

The complaint should include:

• the Client’s name;
• the relevant project, website or invoice;
• a description of the complaint;
• relevant supporting information; and
• the resolution requested.

NetZion will acknowledge a complaint within five Business Days and will attempt to resolve it fairly.

Nothing prevents a Consumer from approaching an appropriate regulator, ombud, consumer body, tribunal or court.

37. Dispute resolution

The parties should first attempt to resolve a dispute through good-faith written discussions.

If the dispute is not resolved, either party may propose mediation.

Nothing prevents either party from seeking urgent court relief where necessary to:

• prevent unlawful activity;
• protect confidential information;
• secure systems;
• preserve evidence; or
• protect intellectual property.

Subject to mandatory consumer rights and jurisdictional rules, South African courts will have jurisdiction.

The Agreement is governed by the laws of the Republic of South Africa.

38. Electronic communications

The parties agree that quotations, approvals, notices and other communications may be sent electronically.

Electronic acceptance, payment of a deposit, email approval or another recorded electronic instruction may constitute valid acceptance to the extent permitted by law.

A Client must ensure that the email address supplied to NetZion remains current.

A notice sent to the Client’s nominated email address will ordinarily be regarded as received on the first Business Day after sending, unless NetZion receives a delivery-failure notification.

Service of formal court process remains subject to applicable procedural law.

39. Changes to these Terms

NetZion may update these Terms to reflect:

• changes in law;
• changes to Services;
• security requirements;
• third-party provider requirements; or
• reasonable operational changes.

Material changes affecting an existing recurring Service will be communicated on reasonable notice.

Changes will not retrospectively remove rights that have already accrued.

A Client who does not accept a material change to a month-to-month Service may cancel the affected Service before the change takes effect.

Changes to a fixed-term agreement will apply only where accepted by the parties or permitted by law.

40. Website use

Visitors may use the NetZion website only for lawful purposes.

Visitors may not:

• attack or interfere with the website;
• attempt unauthorised access;
• upload malware;
• scrape the website excessively;
• copy or republish protected content without permission;
• impersonate another person;
• misuse forms or communication systems; or
• perform vulnerability scans or penetration tests without prior written authorisation.

Information published on the website is general information and does not constitute legal, financial or other regulated professional advice.

Links to external websites are provided for convenience. NetZion is not responsible for the content, security or privacy practices of external websites.

41. General provisions

These Terms, together with the accepted quotation and any applicable service schedule, constitute the agreement between NetZion and the Client.

If a provision is unlawful or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply.

Failure by either party to enforce a right immediately does not waive that right.

The parties are independent contractors. Nothing creates a partnership, employment relationship, agency or joint venture.

Where a quotation conflicts with these Terms, the quotation will take priority concerning the specific project, provided that it does not unlawfully limit a statutory right.

Headings are included for convenience and do not affect interpretation.

These Terms must be interpreted fairly, reasonably and consistently with applicable South African law.

42. Contact NetZion

Questions regarding these Terms may be directed to:

Trading name: NetZion

Legal name: Renaldo Hake trading as NetZion

Legal status: Sole proprietor

Public location: Gauteng, South Africa

Email: info@netzion.co.za

Telephone: 081 550 3996

Website: https://netzion.co.za/