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Terms & Conditions

The rules of engagement, written to be read, not to be hidden behind.

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1. Who these terms are between

These terms govern the services ITRIX supplies to you, the client. They apply alongside any written quotation or proposal we send you. Where a signed quotation conflicts with these terms, the quotation wins.

2. Quotations and scope

  • Quotations are valid for 30 days unless stated otherwise.
  • A quotation describes the agreed scope. Work outside that scope is quoted separately, and we will tell you before we do it, never afterwards on the invoice.
  • Prices exclude VAT unless stated, and exclude third-party costs such as domain registration, stock photography licences, paid plugins and advertising spend. Those are charged at cost and agreed with you first.

3. Payment

  • Development work is billed 50% on acceptance of the quotation and 50% on launch, unless agreed otherwise in writing.
  • Hosting, care plans and retainers are billed monthly in advance.
  • Invoices are payable within 7 days of the invoice date.
  • We may suspend services on accounts more than 30 days overdue, after giving you written notice and a reasonable chance to settle.

4. What we need from you

Projects stall on content far more often than on code. You agree to supply text, images, logos and access credentials in reasonable time, and to nominate one person who can approve work on your behalf.

You confirm that any material you give us is yours to use, or that you hold the necessary licence. You indemnify us against claims arising from material you supplied.

5. Revisions and approval

  • Each quoted project includes two rounds of revisions within the agreed scope.
  • Further rounds, or changes of direction after approval, are quoted separately.
  • If we do not hear back within 14 days of sending work for review, we may treat that stage as approved so the project does not stall indefinitely.

6. Timelines

We give honest estimates and work to them. Dates depend on receiving your content and feedback on time, and we are not liable for delays caused by late materials, third parties, or events outside our reasonable control.

7. Ownership

  • On full payment, you own the design, content and custom code produced specifically for your project.
  • Your domain name is registered in your name. It is yours.
  • We retain ownership of our own pre-existing tools, libraries and frameworks, and grant you a perpetual licence to use them as part of your site.
  • Third-party components remain under their own licences.
  • We may show the work in our portfolio unless you ask us in writing not to.

8. Hosting

  • We target 99.9% uptime, excluding scheduled maintenance, which we announce in advance where practical.
  • Backups run daily and are kept for 30 days. You are still responsible for keeping your own copies of anything irreplaceable.
  • Hosting runs month to month. Either of us may cancel on 30 days' written notice.
  • You may not use our hosting for anything unlawful, for spam, or for material that infringes someone else's rights. We may suspend an account that does, and will tell you why.
  • If you leave, we will provide a copy of your site and assist with migration.

9. SEO and marketing

We do not guarantee rankings. No one can, search engines control their own results and change them constantly. Anyone promising you position one by a fixed date is guessing.

What we commit to is the agreed work, performed competently, and honest monthly reporting of what it produced, including the months where the answer is that it has not worked yet.

Advertising spend is separate from our management fee and is paid directly to the platform, or recharged to you at cost.

10. Warranty

We fix genuine defects in our work free of charge for 30 days after launch. That covers things that do not work as specified. It does not cover new features, changes of mind, issues caused by someone else editing the site, or breakages in third-party services.

11. Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited, including your rights under the Consumer Protection Act where it applies to you.

Subject to that, our total liability arising from the services is limited to the fees you paid us for the specific service in the three months before the claim arose. We are not liable for indirect or consequential loss, including lost profits, lost revenue or loss of data.

12. Cancellation

  • You may cancel a project in writing at any time. You are liable for work completed up to that point, and deposits already paid are non-refundable to the extent work has been done.
  • Monthly services require 30 days' written notice.
  • We may end an engagement, with notice and a pro-rata refund of unused prepaid fees, if the relationship becomes unworkable or payment terms are repeatedly breached.

13. Confidentiality

Each of us will keep the other's confidential business information private, and use it only for the purpose of the engagement. This survives the end of our working relationship.

14. Personal information

We handle personal information as described in our Privacy Policy, in line with POPIA. Where we process personal information on your behalf, we do so as an operator on your documented instructions.

15. Changes to these terms

We may update these terms. Material changes affecting ongoing services will be communicated to active clients at least 30 days before taking effect. Work already quoted is governed by the terms in force when you accepted it.

16. Governing law

These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction. Before going to court we both agree to make a genuine attempt to resolve the dispute by discussion.

17. Contact

ITRIX
sales@itrix.co.za
062 209 8530