DigiAfrica Terms and Conditions of Service
Last updated: 20 September 2026
These Terms and Conditions govern services supplied under the DigiAfrica trading name by Digital Africa Group. They should be read together with any quotation, proposal, statement of work, order confirmation, service schedule or other written scope agreed with the client.
1. Supplier information
Legal entity: Digital Africa Group
Registration number: K2019581952
Trading name: DigiAfrica
Director / office bearer: Storm de Robillard
Place of registration: South Africa
Business address: 194 Station Road
Address for legal service: 194 Station Road
Telephone: +27 78 646 0656
Email: admin@digiafrica.co.za
Website: https://www.digiafrica.co.za/
2. Acceptance and order of precedence
A client accepts these Terms by signing or accepting a quotation or proposal, instructing DigiAfrica to begin work, making payment, providing access required for the work, or otherwise proceeding with an agreed service.
If a signed or expressly accepted written proposal, quotation or statement of work conflicts with these Terms on a specific commercial point such as scope, pricing, timing or included deliverables, the specific written agreement takes precedence for that point. These Terms continue to apply to the rest of the engagement.
Nothing in these Terms limits any right or remedy that cannot lawfully be excluded or restricted under applicable South African law.
3. Scope of services and change control
DigiAfrica will provide the services described in the agreed proposal, quotation, statement of work, package or written instruction. Any work outside that scope may require a separate quotation, additional fee, revised deadline or written approval.
Timelines depend on timely access, content, feedback, approvals and decisions from the client. Where a client delay or third-party dependency affects delivery, the project timeline may move accordingly.
Unless a written agreement expressly states otherwise, estimates, targets and projected completion dates are planning tools rather than absolute guarantees.
4. Fees, invoices and payment
Fees, payment schedules, deposits, retainers, subscriptions and recurring charges are those stated in the applicable quotation, proposal, invoice or service schedule.
Third-party costs such as advertising spend, software licences, domains, hosting services, paid plugins, stock assets, platform fees, courier costs or other external charges are separate unless expressly included in writing.
DigiAfrica may pause or suspend work or services where an undisputed invoice is overdue, after reasonable notice where appropriate. Suspension does not remove the client's obligation to pay amounts lawfully due for work already performed or committed third-party costs.
5. Cancellations, refunds and statutory rights
Fees for work already completed, time already spent, services already supplied and non-recoverable third-party costs are generally not refundable, except where applicable law requires otherwise.
Where a client cancels work before completion, DigiAfrica may charge for work performed up to the cancellation date and may recover a reasonable cancellation charge where permitted by law, taking into account the nature of the service, notice given, reserved capacity and costs already incurred.
Unused prepaid amounts will be dealt with according to the applicable proposal or service schedule and any mandatory rights that apply to the client.
Where the Consumer Protection Act, Electronic Communications and Transactions Act or another applicable law gives a client a cooling-off, cancellation, refund or other mandatory right, that statutory right takes precedence over any inconsistent wording in these Terms.
A payment dispute or chargeback does not automatically cancel an underlying payment obligation that is otherwise lawfully due. Clients are encouraged to contact DigiAfrica first so that billing disputes can be investigated promptly. This clause does not restrict a client's lawful right to dispute an unauthorised or incorrectly processed payment.
6. Websites, development and digital systems
Website, ecommerce, portal, automation and development services are built against the approved scope and the technical environment reasonably available at the time of development.
The client is responsible for supplying accurate content, lawful materials, required approvals and access credentials unless DigiAfrica has expressly agreed to provide those items.
Third-party platforms, APIs, themes, plugins, payment gateways and integrations may change, become unavailable or introduce new requirements outside DigiAfrica's control. Where such a change creates additional work, that work may be quoted separately.
Ongoing maintenance, future compatibility, new features, content changes and platform updates are not included after project completion unless covered by an ongoing support or maintenance agreement.
7. Hosting, domains, backups and security
Where DigiAfrica provides managed hosting, domain, DNS, email, backup or related infrastructure services, the included services are those stated in the applicable package or agreement.
DigiAfrica will use commercially reasonable efforts to keep managed services available and maintained, but no hosting or internet-connected system can be guaranteed to be uninterrupted, error-free or immune from security incidents.
Where backups are included in the agreed package, DigiAfrica will manage them according to that package. Clients should still retain independent copies of critical business data where practical.
Clients must keep their own account credentials secure and promptly notify DigiAfrica of suspected unauthorised access. DigiAfrica may take reasonable protective steps where a security risk threatens a website, server, account, other customers or infrastructure.
8. Advertising, SEO, marketing and lead generation
DigiAfrica may provide advertising, SEO, content, social media, lead generation, campaign management, analytics and related marketing services. These services are affected by market conditions, competitors, budgets, platform algorithms, customer behaviour, sales follow-up and third-party systems.
DigiAfrica does not guarantee a particular ranking position, advertising result, number of leads, sales figure, revenue level, conversion rate, reach, engagement level or return on investment unless a written agreement expressly creates a specific guaranteed obligation.
Targets, forecasts, KPIs and projections are used to guide and measure work. A result below a target does not by itself establish breach if DigiAfrica has supplied the agreed services with reasonable care and skill and complied with the agreed scope.
Advertising spend and other media budgets are separate from management fees unless expressly stated otherwise.
9. Client responsibilities
The client agrees to provide accurate information, reasonable cooperation, timely approvals and the access needed to perform the agreed work.
The client is responsible for ensuring that its products, services, claims, promotions, content, customer data and business activities comply with the laws and industry rules that apply to its business.
The client confirms that it has the necessary rights or permissions for logos, photographs, videos, fonts, copy, databases, trademarks and other materials supplied to DigiAfrica for use in a project.
10. Intellectual property
Each party retains ownership of intellectual property it owned before the engagement.
Unless a written agreement states otherwise, final custom deliverables created specifically for the client may be transferred or licensed to the client once all amounts due for the relevant work have been paid in full.
Third-party software, fonts, stock assets, templates, plugins, libraries and other licensed materials remain subject to their original licence terms and are not transferred merely because they form part of a deliverable.
DigiAfrica retains ownership of its pre-existing methods, know-how, reusable code, internal tools, templates, frameworks, processes and general technical components, while granting the client any rights reasonably necessary to use the completed deliverable as agreed.
DigiAfrica may display completed work in its portfolio, case studies and marketing unless the client has a confidentiality obligation or requests otherwise in writing.
11. Personal information and confidentiality
Personal information is handled in accordance with applicable privacy law and DigiAfrica's Privacy Policy.
Each party must take reasonable care with confidential information received from the other and use it only for the purpose of the engagement, except where disclosure is authorised or required by law.
Where a project requires a separate data-processing agreement, confidentiality agreement or security schedule, that document will apply in addition to these Terms.
12. Third-party providers
DigiAfrica relies on third-party providers including hosting companies, cloud services, payment providers, advertising platforms, social networks, software vendors, registrars, email services and other technology partners.
Those services may be subject to their own terms, pricing, policies, availability and technical restrictions. DigiAfrica is not responsible for a third party's independent acts or failures that are outside DigiAfrica's reasonable control, but this does not exclude liability that cannot lawfully be excluded.
Where a third-party failure affects the service, DigiAfrica will use reasonable efforts within the agreed scope to assist with diagnosis, recovery or migration.
13. Service quality and limitation of liability
DigiAfrica will provide services with the degree of care and skill reasonably expected for the type of service being supplied.
To the maximum extent permitted by law, DigiAfrica will not be liable for indirect, special or consequential loss such as loss of anticipated profit, loss of opportunity or reputational loss where that loss was not reasonably foreseeable or was caused by circumstances outside DigiAfrica's reasonable control.
To the maximum extent permitted by law, DigiAfrica's aggregate liability arising from a particular service or project will be limited to the fees actually paid to DigiAfrica for the affected one-off project or, for an ongoing service, the fees paid for that affected service during the six months immediately preceding the event giving rise to the claim.
This limitation does not apply where liability cannot lawfully be limited or excluded, and nothing in these Terms excludes rights or remedies that a client has under mandatory law.
14. Suspension and termination
DigiAfrica may suspend or terminate a service where there is material non-payment, unlawful use, abuse or threats, serious security risk, misuse of systems, or a material breach of the agreement. Where practical and appropriate, DigiAfrica will give the client a reasonable opportunity to remedy the problem first.
A client may cancel or terminate a service in accordance with the applicable proposal, service schedule and any rights provided by law.
On termination, amounts lawfully due for work already performed, committed costs and agreed cancellation charges remain payable. DigiAfrica will provide reasonable cooperation with handover once outstanding obligations are resolved, subject to the agreed scope and any additional migration work required.
Client data may be removed from systems after the applicable service has ended and a reasonable handover period has passed. Clients should obtain any required exports or backups before that period ends.
15. Force majeure and events outside reasonable control
Neither party is responsible for delay or failure caused by an event outside its reasonable control, including major network failures, widespread cloud outages, natural disasters, civil disruption, government action, power or telecommunications failures, cyber incidents not caused by that party's failure to take reasonable care, or similar events.
The affected party must take reasonable steps to reduce the impact and resume performance when reasonably possible.
16. Disputes
The parties should first try in good faith to resolve a dispute directly. Either party may request that the dispute be escalated to a senior decision-maker before formal proceedings are started.
Nothing in this clause prevents either party from seeking urgent relief or using a statutory regulator, ombud, consumer body or court where entitled to do so.
17. Governing law
These Terms are governed by the laws of the Republic of South Africa. South African courts will have jurisdiction, subject to any mandatory consumer or statutory forum that also has jurisdiction.
18. Changes to these Terms
DigiAfrica may update these Terms from time to time. Updated Terms apply prospectively from the date published unless a client expressly agrees otherwise. A specific signed or accepted project agreement is not retrospectively changed merely because this webpage is updated.
19. General
If a provision of these Terms is found invalid or unenforceable, the remaining provisions continue to apply to the extent legally possible.
A failure to enforce a provision immediately does not automatically waive the right to enforce it later.
These Terms, together with the applicable proposal, quotation, order confirmation, statement of work and any expressly incorporated schedules, form the agreement between DigiAfrica and the client for the relevant services.
20. Contact
Questions about these Terms can be sent to admin@digiafrica.co.za or through the DigiAfrica contact page.