These Terms of Service ("Terms") constitute a binding agreement between Eghardt du Toit, a sole proprietor operating in South Africa ("Service Provider", "I", "me"), and any individual or entity ("Client", "you") who engages my web development services or accesses this website.
By submitting an enquiry, signing a project proposal, making any payment, or instructing me to commence work, you confirm that you have read, understood, and agree to these Terms in full. If you do not agree, do not engage my services.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to the Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Copyright Act 98 of 1978.
In compliance with Section 43 of ECTA, the following information is disclosed:
I provide custom web development and design services including, but not limited to, website design, front-end development, back-end development, database architecture, and website hosting setup. The exact scope of work for each project is agreed upon in writing prior to commencement and forms part of the project agreement between the parties.
Any work outside the agreed scope ("scope creep") may be subject to additional charges, which will be communicated and agreed upon before the additional work commences.
All quotes and proposals provided are valid for 14 calendar days from the date of issue unless otherwise stated. A quote does not constitute a binding agreement. A project only commences once both parties have confirmed the scope and pricing in writing, and the agreed deposit has been received.
Quotes are estimates based on the information provided at the time. Material changes to project scope, content, or requirements may result in a revised quote.
Unless otherwise agreed in writing:
Late payments may attract interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, currently 10.25% per annum (mora interest), calculated from the due date until date of payment. I reserve the right to suspend or withhold delivery of work until outstanding amounts are settled.
All original work created by me — including source code, designs, graphics, and written content — remains my intellectual property and is protected under the Copyright Act 98 of 1978 until full payment is received.
Upon receipt of full and final payment, all custom-developed work created specifically for the Client's project is assigned to the Client. This excludes:
I reserve the right to display the completed work in my portfolio unless the Client explicitly requests confidentiality in writing before project commencement.
The Client agrees to:
Each project includes a reasonable number of revision rounds as agreed in the project proposal. Revisions are understood to mean minor adjustments to agreed deliverables — not material changes to scope, design direction, or functionality. Revision rounds beyond those agreed, or material changes, will be quoted and charged separately.
Estimated timelines are provided in good faith and are subject to the timely receipt of content, feedback, and approvals from the Client. I will not be held liable for delays caused by late provision of materials, change requests, or circumstances beyond my reasonable control.
I warrant that all work will be performed with reasonable skill and care. I do not warrant that the website will be free of all bugs or errors, but I will correct material defects reported within 30 days of project handover at no charge.
To the maximum extent permitted by South African law, my total liability for any claim arising out of or in connection with services rendered shall not exceed the total fees paid by the Client for the specific project giving rise to the claim. I am not liable for indirect, consequential, or special damages including loss of profit or business opportunity.
Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under the Consumer Protection Act 68 of 2008.
Either party may terminate a project by giving written notice. In the event of termination:
The parties agree to attempt to resolve any dispute arising from these Terms in good faith through direct negotiation before resorting to legal proceedings. If a resolution cannot be reached within 21 days of written notice of the dispute, either party may refer the matter to a South African court of competent jurisdiction. The parties consent to the jurisdiction of the Magistrate's Court or High Court of South Africa, as applicable.
I reserve the right to update these Terms at any time. The version published on this website at the time a project is agreed upon applies to that project. Continued engagement with my services following any update constitutes acceptance of the updated Terms.
For any questions regarding these Terms, please contact me at eghardtdutoit@gmail.com.