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.