These Terms & Conditions (“Terms”) govern your access to and use of the services provided by Apex Web Agency (“Apex Web”, “we”, “us”, “our”) via apexwebagency.co.za (the “Website”) or pursuant to any service agreement. By ordering, paying for, or using any service, you (“Client”, “you”) agree to these Terms.

1. Services & Scope

1.1. Apex Web offers web design, hosting, maintenance, updates, content support, SEO upkeep, digital marketing add-ons, and related services.

1.2. The specific services, deliverables, timeline, and cost will be set out in a service proposal or order agreement (the “Proposal/Agreement”).

1.3. You agree to provide all required materials (content, images, credentials, feedback) in a timely manner. Delays on your side may shift the timeline.

2. Pricing & Payment

2.1. All prices are quoted in South African Rand (ZAR) and exclusive of VAT, unless otherwise stated.

2.2. For one-time services (e.g. website build or redesign), payment (or deposit) must be made before work begins (or on approved terms).

2.3. For recurring services (e.g. hosting, maintenance, monthly plans), payments are due monthly in advance (or on schedule as agreed).

2.4. If any recurring payment fails or is not received within 5 days past due, we reserve the right to suspend or take the website offline until payment is settled.

2.5. You authorize Apex Web to charge your payment method automatically on the renewal date unless you cancel in accordance with the Cancellation policy below.

3. No Refund Policy

3.1. Apex Web maintains a strict no refund policy. Once payment is made and work has commenced, no refunds will be issued under any circumstances.

3.2. By making payment (or accepting a charge), you acknowledge that you understand and agree to this no refund policy.

3.3. No credit, partial refund, or compensation will be granted for unused services, downtime, or dissatisfaction.

4. Cancellation / Termination

4.1. For recurring services, you must provide written cancellation notice at least 7 days before the next scheduled payment to avoid being charged for that period.

4.2. Cancellation requests must be submitted by email to [designated contact email] or through the agreed official communication channel.

4.3. If cancellation notice comes less than 7 days before renewal, the next payment will still be processed, and no refund or credit will be offered for that charge.

4.4. Upon cancellation, we may suspend or terminate service and remove hosting, backups, or access. You are responsible for migrating or preserving your data before termination.

5. Suspension / Removal for Non-Payment

5.1. If payment is not received within 5 days after the due date, we reserve the right to take the website offline or suspend service until payment is made.

5.2. We are not obligated to restore the site immediately; restoration may take time, and you bear that risk.

6. Intellectual Property & License

6.1. Upon full payment, you will own the rights to the specific website design, custom graphics, and content we created for you, excluding third-party tools, licenses, or software.

6.2. We retain the right to display your site (or parts thereof) in our portfolio, marketing, or case studies (unless you explicitly request otherwise in writing).

6.3. Any third-party software, plugins, or licenses remain subject to their own terms; you are responsible for renewing or complying with those.

7. Client Responsibilities & Cooperation

7.1. You must provide content (text, images, logo, access credentials) timely and in the required format.

7.2. You are responsible for reviewing deliverables, requesting changes within defined feedback windows, and approving each stage.

7.3. Delays caused by your inaction (e.g. not providing content, approval) may lead to extensions of the timeline and are your responsibility.

8. Warranty, Disclaimer & Limitation of Liability

8.1. We strive to provide services professionally, but we do not guarantee specific results (e.g. traffic growth, revenue, rankings).

8.2. To the fullest extent permitted by law, Apex Web is not liable for any indirect, incidental, consequential, or punitive damages arising from services, including downtime, lost profits, or data loss.

8.3. Our total liability (for direct damages) is limited to the amount you have paid us for the relevant service.

8.4. We do not guarantee 100% uptime or error-free operation, especially for third-party dependencies.

9. Changes to Terms & Services

9.1. We reserve the right to modify these Terms at any time. The latest version will always be posted on our Website.

9.2. Continued use of services after changes constitutes your acceptance of the new terms.

9.3. We may also change features, pricing, or service offerings; but existing clients will be notified in advance.

10. Dispute Resolution & Governing Law

10.1. These Terms are governed by the laws of South Africa.

10.2. Any dispute arising under or in connection with these Terms shall be resolved by negotiation in good faith, failing which by courts in South Africa.

11. Miscellaneous

11.1. If any provision is found invalid or unenforceable, the remainder of the Terms remains in force.

11.2. These Terms, together with any Proposal/Agreement, constitute the entire understanding between you and Apex Web regarding the services.