Terms & Conditions

Last Updated: 2023/10/24 at 13:21

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Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the services provided by Webluno (Pty) Ltd (hereafter referred to as "Webluno").

Your access to and use of Webluno's services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers, users, and others who use Webluno's services.

BY ACCESSING OR USING WEBLUNO'S SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU MAY NOT USE ANY OF WEBLUNO'S SERVICES.

Webluno is a digital marketing agency that offers a range of digital marketing services, including both one-time projects and monthly subscription options.

For our monthly subscription plans, you have the flexibility to cancel at any time. However, we do require a minimum notice period of three months for the cancellation to take effect. In cases where you need to end the services immediately, you can pay the equivalent of the three-month notice fee in advance at the regular plan rate. This specific process applies only to our Monthly Website Design Packages and does not affect our SEO, PPC, or Website Maintenance Services.

Payment for Webluno’s subscription plans is to be made by credit card subscriptions and facilitated through PayFast. All fees are non-refundable. Once-off payments can be made through bank transfer or card payments. 

The first payment is taken upon starting the work and will continue throughout the working process and ongoing until you cancel your Webluno subscription plan.

Any additional work carried out by us that is not included in any of the subscription plans will be charged separately and is payable via bank transfer or card payment. This additional work and costs will be agreed upon by both parties prior to any work commencing.

Late payments or missed payments made will result in your services being temporarily suspended. Please note that this is an automated process and happens when your account falls more than five days overdue. Once your account is settled your services will be automatically reinstated.

Missed or overdue payments by more than 14 days will result in all of your services being cancelled, this includes any website hosting, mailboxes, SSL certificates, domain names if applicable, marketing and SEO services.

WEBLUNO SHALL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE SUSPENSION OF YOUR ACCOUNT DUE TO PAYMENT FAILURE.

Our website design services are defined by the features and inclusions specified in the packages available on our website. These packages outline the scope of services and the specific features that will be provided to you. 

As the Customer, you are legally obligated to make full payment for the selected package, irrespective of whether you opt to utilize all the features encompassed within the package. This payment obligation remains in force, and no partial refunds will be granted for unutilized features or services.

For our monthly website design packages, it is imperative to note that customers will not be granted super admin access to the website or hosting environment. This limitation is enforced to prevent unauthorized duplication or cloning of the website. Customers will have access to specific administrative features and content management tools as per the package’s specifications, but the highest level of access, referred to as super admin, will not be provided. This measure is taken to protect the integrity and uniqueness of the website.

In order to optimize cost-effectiveness within our website design process, we have made a conscious decision not to employ the creation of wireframes or mockups. Instead, our method involves the following steps:

Initial Website Page Development: Our process commences with the construction of the home page of your website in accordance with your specified requirements.

Provision of a Preview Link: Following the development of the home page, we shall provide you with a link that affords you the opportunity to preview the home page in its initial state.

Opportunity for Feedback and Revisions: We encourage you to thoroughly review the home page and utilize this phase to provide feedback or request any necessary modifications. Your feedback during this stage is integral in ensuring the design aligns with your vision.

Continuation of Website Development: Subsequent to the incorporation of your feedback and any requisite changes to the home page, we will proceed with the development of the remaining pages and features of your website.

This approach is designed to balance cost considerations while maintaining a focus on delivering a website design that meets the Customer’s expectations. The Customer’s active involvement and feedback are instrumental during the preview and feedback stage to achieve the desired outcome.

The customer is responsible for maintaining an accurate and up-to-date project brief, as initiating the website design process anew is not possible once it has commenced. Any changes or additions that were not initially advertised in the selected package or included in the project brief may incur additional costs.

The customer acknowledges and expressly agrees that ownership rights are not conferred upon them in relation to the monthly website design packages offered by Webluno. These packages, without exception, remain the exclusive property of Webluno and can only be made accessible to the client through the establishment of a formal rental agreement. In this context, absolute ownership is retained by Webluno, and clients are solely granted the privilege of utilizing the services encapsulated within these packages through the contractual framework of a rental arrangement.

The acquisition of our monthly website design packages is restricted to the mechanism of a card subscription. This subscription is meticulously orchestrated through a designated payment service provider, such as PayFast. Consequently, clients seeking access to our services are mandatorily obligated to partake in a recurring card payment arrangement, seamlessly processed via the specified payment provider.

In the event that the customer harbors the intention of obtaining absolute ownership of the website, they shall be subject to the requisite payment equivalent to a rate spanning six months. This rate is precisely defined by the default rate incorporated within the confines of the package. This payment stands as an essential precondition for the formal transfer of ownership from Webluno to the customer.

It is of paramount importance to underscore that, in cases where a customer solicits ownership of the website, the imposition of a subscription cancellation fee is additionally applicable. This fee constitutes a supplementary financial obligation, which is distinct from and in addition to the mandatory payment required for the process of ownership transfer.

THE CUSTOMER ACKNOWLEDGES THE FOLLOWING WITH RESPECT TO SOCIAL MEDIA ADVERTISING SERVICES:

All fees associated with social media services are strictly non-refundable.

It is important to acknowledge that Webluno has no authority or influence over the policies and advertising algorithms of social media platforms. Consequently, the client should be aware that their advertisements and/or website content may be subject to removal or exclusion at the sole discretion of the social media platforms. Webluno cannot control or mitigate such actions taken by these platforms.

Webluno cannot guarantee success or conversions in advertising campaigns due to the competitiveness of certain ad types, continuous changes in ad algorithms, and other competitive factors that influence outcomes.

The customer acknowledges that it is not feasible for Webluno to provide individual notifications to the client for every posting and advertisement executed on the client’s behalf across various social media channels.

The customer retains the privilege to request modifications to any postings and advertisements at any time through written communication, and Webluno reserves the right to impose reasonable additional charges for such requested adjustments.

Webluno maintains the right to edit or revise any content on social media channels that it deems offensive, unlawful, inappropriate, or content that appears to infringe upon the intellectual property rights of any third party.

Webluno shall not be held accountable for any subject or contextual errors in postings or any unsatisfactory services unless these errors are formally notified in writing beforehand. Furthermore, Webluno shall not be responsible for errors that are approved by or attributed to the client.

THE CUSTOMER ACKNOWLEDGES THE FOLLOWING WITH RESPECT TO GOOGLE ADVERTISING SERVICES:

It is important to note that all fees associated with Google advertising services are strictly non-refundable.

Webluno would like to emphasize that it lacks any authority or influence over Google’s advertising policies and algorithms. Consequently, the client should be aware that their advertisements and/or website content may be subject to removal or exclusion at the sole discretion of Google. Webluno cannot control or mitigate such actions taken by Google.

In light of the competitiveness of specific keywords, ongoing modifications in ad algorithms, and various competitive factors, Webluno explicitly does not provide a guarantee of success or conversions. It is crucial to understand that numerous external variables beyond our control can impact the outcomes of advertising campaigns, and, therefore, we cannot assure specific results or conversions.

The customer acknowledges that it is not feasible for Webluno to provide individual notifications to the client for every advertisement created on behalf of the client.

The client retains the right to request modifications to any advertisements at any time through written communication, and Webluno reserves the right to impose reasonable additional charges for such requested adjustments.

Cakecrumbs shall not be responsible for any subject or contextual errors in any adverts or any unsatisfactory service(s), which are not notified in writing first, nor for any errors which are approved by or are the fault of the Client.

THE CUSTOMER ACKNOWLEDGES THE FOLLOWING WITH RESPECT TO SEARCH ENGINE OPTIMIZATION SERVICES:

All fees are non-refundable.

In case of cancellation of a Webluno SEO plan, the client must provide a one-month notice period.

Webluno has no control over the policies and ranking algorithms of search engines. The client acknowledges that their website may be excluded from any search engine or directory at any time at the sole discretion of the respective search engine or directory.

Due to keyword competitiveness, changing search engine ranking algorithms, and competitive factors, Webluno does not guarantee No.1 positions or consistent top 10 positions for specific keywords, phrases, or search terms.

Webluno assumes no liability for ranking, traffic, and indexing issues related to penalties. The client is aware that ranking new websites is more challenging than established sites, and they should have realistic expectations about rankings, traffic, and revenues.

The client understands that new websites may experience a temporary boost in rankings for some keywords before settling into their actual position.

Search engine rankings can fluctuate due to changes in the ranking algorithm, and listings may drop and reappear without additional SEO efforts.

Webluno does not guarantee project timelines or additional expenses if certain conditions are not met, such as timely responses, providing necessary access and permissions, making advised changes to the website, server outages, or if SEO work is compromised without consultation.

The client guarantees ownership of proper permissions for all elements provided to Webluno for inclusion on the website and indemnifies Webluno from liability related to the use of these elements.

Webluno is not responsible for the client overwriting SEO work and may charge an additional fee for re-constructing and re-optimizing content or web pages.

The client acknowledges that SEO alone is not solely responsible for the website’s success or failure and should work in partnership with the SEO provider, follow advice and recommendations, and commit to making marketing campaigns successful.

IN THE EVENT THAT ANY PROVISION OF THESE TERMS AND CONDITIONS IS DETERMINED TO BE UNENFORCEABLE, INCLUDING ANY PROVISION BY WHICH WE EXCLUDE OUR LIABILITY TO YOU, THE ENFORCEABILITY OF THE REMAINING PROVISIONS IN THESE CONDITIONS SHALL REMAIN UNAFFECTED.

Except in cases of death or personal injury resulting from our negligent acts or omissions, our liability shall be limited to losses or damages that are reasonably foreseeable consequences of a breach of these terms.

The client shall be held responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred by us as a direct result of your breach or default in the discharge of your obligations.

Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents, or sub-contractors.

Parties to these terms agree to submit to the exclusive jurisdiction of the courts of South Africa.

To safeguard your own interests, we strongly recommend that you meticulously review these conditions before consenting to engage in business with us. If you find yourself uncertain regarding your rights as defined in these conditions or seek further clarification, we encourage you to promptly contact us. Your understanding of these terms is of utmost importance to ensure a transparent and mutually beneficial business relationship.

Should you be dissatisfied with any aspect of our service, we kindly request that you reach out to us. We are committed to addressing your concerns with empathy and a strong willingness to collaborate in order to reach a mutually agreeable resolution. Your satisfaction is of paramount importance, and we are dedicated to working closely with you to achieve a satisfactory outcome.

Refund requests for subscriptions in the context of Webluno may be subject to individual consideration and shall be granted at the exclusive discretion of Webluno (Pty) Ltd.

Certain elements of the Service are structured under a subscription framework ("Subscriptions"). Billing is conducted on a prepaid and recurring basis ("Billing Cycle"). The duration of Billing Cycles is determined by the specific subscription plan selected at the time of Subscription purchase, with options available for both monthly and annual intervals.

Upon the conclusion of each Billing Cycle, your Subscription shall undergo an automatic renewal, retaining identical terms and conditions, unless you opt to cancel it or Webluno (Pty) Ltd cancels it. The cancellation of Subscription renewals can be executed via your online account management page or by reaching out to Webluno (Pty) Ltd's customer support team.

To enable seamless payment processing for your Subscription, a valid payment method, specifically limited to credit card subscriptions or direct bank transfers, is a prerequisite. You are required to furnish Webluno (Pty) Ltd with precise and comprehensive billing details, encompassing your full name, address, state, postcode, telephone number, and valid payment method information. By submitting said payment information, you provide automatic authorization for Webluno (Pty) Ltd to levy all Subscription fees against the designated payment instruments linked to your account.

In the event of a failure in the automatic billing process for any reason, Webluno (Pty) Ltd will generate an electronic invoice, necessitating a manual remittance within a stipulated deadline. The invoice will delineate the complete payment corresponding to the applicable billing period, and you are obliged to fulfil this payment by the specified deadline indicated on the invoice.

Webluno (Pty) Ltd, having the exclusive authority and the flexibility to do so at any given moment, may make adjustments to the Subscription fees pertaining only to credit card subscriptions or direct bank transfers. Any alterations to Subscription fees will take effect at the conclusion of the existing Billing Cycle.

Webluno (Pty) Ltd will extend a reasonable advance notification regarding any modifications to Subscription fees, affording you the opportunity to discontinue your Subscription prior to the implementation of such changes.

Should you continue to utilize the Service subsequent to the implementation of the Subscription fee modification, it shall be construed as your acceptance and commitment to the payment of the revised Subscription fee amount.

Webluno retains the right to modify these terms and conditions at any given time.

Webluno may choose to notify the client of any changes to these terms and conditions via email.