These Terms and Conditions govern the use of this website and the supply of services by ibay Digital. By using this website, submitting an enquiry, accepting a quotation, approving a proposal, paying a deposit, signing a service agreement, or instructing us to begin work, you agree to these Terms, unless a separate written agreement signed by both parties states otherwise.
In these Terms:
“Client”, “you” or “your” means the person, business, company, organisation or authorised representative requesting or receiving services from ibay Digital.
“ibay”, “ibay Digital”, “we”, “us” or “our” means Connect Convert (Pty) Ltd trading as ibay Digital, including its employees, contractors, consultants and authorised service providers.
“Services” means any services supplied by us, including strategy, brand development, content creation, design, website development, app development, SEO, GEO, AI optimisation, digital marketing, social media, analytics, reporting, hosting management, maintenance, support, consulting and related services.
“Project” means a specific assignment, campaign, website, application, deliverable, retainer or agreed scope of work.
“Proposal” means any quotation, estimate, project plan, statement of work, service-level agreement, email approval, written instruction or accepted commercial proposal.
“Deliverables” means the final outputs specifically agreed in writing for a Project.
“Third-Party Services” means services, software, platforms, tools, plugins, hosting environments, payment gateways, advertising platforms, APIs, stock libraries, fonts, email platforms, analytics tools and other external products or services not owned or controlled by ibay.
You confirm that you are at least 18 years old and have the legal authority to use this website, submit information, approve work, accept quotations, sign agreements and bind the business or organisation on whose behalf you act.
If you act on behalf of a company, trust, partnership, close corporation, non-profit or other organisation, you warrant that you are authorised to do so.
These Terms apply to:
Where there is a conflict between these Terms and a signed project agreement, service agreement or proposal, the signed or specifically accepted document will apply to that specific Project.
All quotations and proposals are valid for 14 calendar days from the date issued, unless stated otherwise.
A quotation, estimate or proposal is not binding until accepted by you in writing and, where applicable, the required deposit or first payment has been received by us.
Acceptance may occur by:
Any estimate of time, cost or delivery is based on information available at the time. If the scope, assumptions, third-party costs, client requirements or project complexity changes, we may revise the quotation or timeline.
Unless agreed otherwise in writing:
We may pause work, withhold delivery, suspend services or restrict access if invoices are overdue.
Late payment may result in interest being charged at the maximum rate permitted by law or at a reasonable commercial rate stated on the invoice or agreement, together with reasonable collection costs.
You agree to:
We are not responsible for delays, additional costs, missed deadlines, errors or loss caused by late, incomplete, inaccurate or unlawful information supplied by you or by your other service providers.
Whilst ibay recommends and uses professional hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. ibay cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
We will make reasonable commercial efforts to meet agreed timelines. Timelines are estimates unless expressly stated in writing as fixed deadlines.
Delivery dates may change if:
We are not liable for loss of income, sales, profit, opportunity, ranking, traffic, reputation or other indirect loss arising from project delays.
You are responsible for checking all work before approval, including copy, spelling, images, design, prices, product information, forms, links, legal notices, tracking, functionality and integrations.
Once you approve a deliverable, design, campaign, website, application, document or other work, any further changes may be billed separately.
If you do not provide feedback within 10 business days after a deliverable is submitted, we may treat the deliverable as accepted for billing and scheduling purposes.
We will build websites and digital products according to the accepted Proposal.
Unless expressly included, website projects do not include:
We do not guarantee that a website, plugin, theme, script, integration or software will be permanently error-free, uninterrupted or compatible with all future versions of browsers, devices, operating systems, platforms or third party software.
For e-commerce websites, the Client is responsible for checking and approving:
We may assist with setup, but we are not responsible for the Client’s commercial, legal, tax, fulfilment, refund, return, product liability or consumer protection obligations.
The Client remains responsible for ensuring that its own website includes all legally required supplier information, privacy notices, security information, return policies, refund policies, delivery information and consumer notices.
Where we assist with hosting, domains or email, we usually do so through third-party providers.
We do not own or control third-party hosting infrastructure, domain registries, DNS providers, email servers or internet service providers.
We do not guarantee uninterrupted hosting, email delivery, DNS availability, server uptime, cyber-security, backups, disaster recovery or restoration times unless a specific written service-level agreement has been agreed.
Hosting, domain and email services may be suspended or terminated if:
The Client is responsible for maintaining current contact details for domain renewals, hosting renewals and billing notices.
Maintenance and support are only included if expressly stated in a Proposal or retainer agreement.
Maintenance may include agreed updates, backups, uptime checks, plugin updates, security checks, content changes or support hours, depending on the package selected.
Maintenance does not guarantee that a website cannot be hacked, break, lose data, suffer downtime or experience conflicts caused by third-party software updates.
Unused monthly support hours do not roll over unless agreed in writing.
Digital marketing results depend on many factors outside our control, including competition, budget, market conditions, platform algorithms, website quality, content quality, pricing, reputation, product-market fit, seasonality and third-party platform changes.
We do not guarantee:
Advertising spend is separate from our management fees unless expressly stated otherwise.
The Client is responsible for ensuring that all advertising claims, offers, product information, pricing, testimonials, guarantees and industry specific statements are accurate and lawful.
The Client acknowledges that many Projects depend on Third-Party Services.
We are not responsible for:
Third-party licence fees, subscriptions, usage charges and renewals are for the Client’s account unless expressly included in our fees.
Unless agreed otherwise in writing:
Once paid in full, the Client may use the final approved Deliverables for the agreed business purpose.
Unless expressly agreed in writing, the Client does not receive ownership of:
We may reuse general skills, ideas, methods, code structures, frameworks and know-how developed during a Project, provided we do not disclose the Client’s confidential information.
The Client warrants that all content supplied to us is lawful and that the Client has the necessary rights, permissions and licences to use it.
This includes text, images, video, audio, logos, fonts, software, product data, personal information, testimonials, reviews, claims and third-party materials.
The Client indemnifies us against claims, losses, damages, penalties, costs and expenses arising from unlawful, infringing, inaccurate, misleading or unauthorised content supplied by the Client.
Unless the Client asks us in writing not to do so, we may refer to the Client’s name, logo, website, project images, screenshots and general project description in our portfolio, proposals, case studies, award entries, credentials documents, social media and marketing material.
We will not intentionally disclose confidential commercial information without consent.
Each party must keep the other party’s confidential information confidential and use it only for the purpose of the Project or business relationship.
Confidential information includes business plans, pricing, trade secrets, technical information, access credentials, customer data, financial information, marketing plans and non-public project information.
This obligation does not apply to information that is public, independently developed, lawfully obtained from another source, or required to be disclosed by law.
We process personal information in accordance with applicable South African privacy laws, including the Protection of Personal Information Act, 2013.
We may collect and process personal information for purposes including:
The Client must ensure that any personal information supplied to us has been collected lawfully and may lawfully be shared with us for the intended purpose.
Where we process personal information on behalf of a Client, the Client remains responsible for its own privacy compliance unless a separate data processing agreement states otherwise.
We will take reasonable technical and organisational measures to protect personal information in our possession, but no electronic system is completely secure.
The Client should ensure that its own website has an appropriate privacy policy, cookie notice and consent mechanisms where required.
Where you subscribe to our newsletter or request marketing information, we may send you communications about our services, insights, events or updates.
You may unsubscribe from marketing communications at any time by using the unsubscribe link or contacting us.
We do not sell mailing lists.
You may not use this website to:
We may restrict access to the website or services if we reasonably believe these Terms have been breached.
The Client is responsible for keeping passwords, administrator accounts, email accounts, hosting accounts, payment gateway accounts and platform logins secure.
The Client must notify us immediately if it becomes aware of unauthorised access, compromised credentials, malware, suspicious activity or a data breach affecting a Project or account we manage.
We are not liable for loss caused by weak passwords, shared logins, compromised Client accounts, insecure third-party systems or unauthorised access outside our reasonable control.
Unless backup services are expressly included in writing, the Client is responsible for maintaining independent backups of its website, content, customer data, orders, analytics, media files and business records.
Where backups are included, they are provided on a reasonable-efforts basis and are not a guarantee that all data can be restored in every circumstance.
We may suspend work or services if:
Either party may terminate an ongoing monthly service by giving one calendar month’s written notice, unless a different notice period is stated in the relevant agreement.
Termination does not affect amounts already due, work already performed, third-party commitments already incurred, or rights and obligations intended to survive termination.
If a Client cancels a Project after approval, the Client remains liable for:
Deposits are not automatically refundable. Any refund will depend on the work completed, costs incurred and terms of the accepted Proposal.
Where the Consumer Protection Act or the Electronic Communications and Transactions Act gives a consumer a statutory cooling-off right, we will honour that right.
However, certain services may not qualify for cancellation without charge once work has started with the Client’s consent, where services are customised, personalised, digital, time sensitive or otherwise excluded by law.
Nothing in these Terms limits any non excludable statutory consumer right.
Certain clauses in these Terms limit our liability, allocate risk to the Client, require the Client to indemnify us, or confirm facts that may affect the Client’s rights.
These clauses are important and should be read carefully, especially the clauses dealing with payment, scope changes, approvals, hosting, third-party services, intellectual property, Client content, security, backups, suspension, termination, cancellation, liability and indemnities.
By accepting these Terms, you confirm that you have had a reasonable opportunity to read and understand them before instructing us or paying for services.
To the maximum extent permitted by law, we are not liable for:
Where our liability cannot be excluded, our total liability for any claim relating to a Project or service is limited to the fees actually paid to us by the Client for the specific Project or service giving rise to the claim during the three months before the claim arose.
This limitation does not exclude liability that cannot legally be excluded under applicable law.
The Client indemnifies ibay against claims, losses, damages, penalties, costs and expenses arising from:
We will provide the Services with reasonable skill and care.
Except as expressly stated in writing, we do not warrant that:
We are not liable for delay or failure caused by events beyond our reasonable control, including load shedding, internet failure, hosting failure, platform outage, cyberattack, illness, labour disruption, supplier failure, fire, flood, extreme weather, civil unrest, epidemic, government action, war or other force majeure events.
If you have a complaint, please contact us in writing at [insert email] with enough detail for us to understand the issue.
We will aim to acknowledge receipt within 7 business days and provide a considered response within 30 calendar days where reasonably possible.
The parties will first try to resolve disputes through good-faith negotiation.
If the dispute cannot be resolved, either party may refer the dispute to mediation or to a court with jurisdiction.
These Terms are governed by the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the courts of South Africa. Nothing prevents either party from approaching a court of competent jurisdiction for urgent relief.
We may update these Terms from time to time.
The version published on this website applies to website use from the date of publication. For existing Projects, the version accepted at the time of approval will apply unless the parties agree otherwise or the change is required by law.
If any clause is found to be invalid, unlawful or unenforceable, the remaining clauses will continue to apply.
These Terms, together with any accepted Proposal, quotation, service agreement, project agreement or written instruction, form the agreement between the parties for the relevant services.
No amendment is binding unless recorded in writing and accepted by both parties.
ibay Digital
Connect Convert (Pty) Ltd trading as ibay Digital
Physical address: 1st Floor, Montrose Place, 2 Bella Rosa Street, Rosenpark, Bellville, 7550
Email: traffic@ibaydigital.com
Telephone: +27 (0)21 612 0088
Services
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