Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the use of the website https://qubix.co.za and all web development, website maintenance, design, and related digital services provided by Qubix ("we," "us," "our"). By engaging our services, requesting a quote, approving a proposal, or making use of our website, you agree to be bound by these Terms.

2. Company Information

Qubix is a South African business registered under company number 062 138 0837. Our registered contact email is hello@qubix.co.za.

3. Scope of Services

We provide services including, but not limited to:

• Website design and user interface design.
• Website development and WordPress development.
• Website maintenance, updates, backups, and support.
• Performance optimisation and technical fixes.
• Content updates and minor site changes, where agreed.
• SEO-related technical implementation, where included in the scope.

All services are delivered strictly in accordance with the agreed scope, proposal, quotation, or service agreement.

4. Quotations and Proposals

Any quotation or proposal issued by us is based on the information available at the time and may be revised if project requirements change, additional features are requested, or the scope is not fully defined. A quotation is not binding until formally accepted by the client.

5. Project Acceptance

A project is deemed accepted when the client confirms the quotation, pays the required deposit, signs the proposal or agreement, or instructs us in writing to begin work. Acceptance confirms that the client understands and agrees to these Terms.

6. Client Responsibilities

The client agrees to provide all required information, content, access, approvals, and feedback in a timely manner. Delays caused by late communication, incomplete content, or missing approvals may affect delivery timelines and may result in additional costs.

The client is responsible for ensuring that all content supplied to us is accurate, lawful, and does not infringe the rights of any third party.

7. Content Supply and Approvals

Unless otherwise agreed in writing, the client is responsible for supplying all written content, images, logos, legal notices, and other assets required for the project. Where we assist with content placement or formatting, the client remains responsible for the final accuracy and legal compliance of all content.

Approval of designs, layouts, content, and functionality must be given before final development stages or launch. Once approved, any further changes may be treated as a separate request or additional work.

8. Revisions and Changes

Each project includes only the number of revisions stated in the quotation or proposal. Additional revisions, redesign requests, scope changes, or new functionality requested after approval may be billed separately at our standard hourly rate or quoted as additional work.

9. Development Process

We typically follow a structured process that may include discovery, design, development, testing, revisions, deployment, and handover. Timelines provided are estimates unless expressly stated otherwise. Delivery dates may shift depending on feedback, content availability, technical dependencies, or change requests.

10. Technical Limitations

Website development may be affected by third-party systems, plugins, hosting environments, browser compatibility, platform updates, or external APIs. We are not responsible for limitations caused by third-party tools, software, or services outside our direct control.

11. Hosting, Domains, and Third-Party Services

Unless otherwise stated in writing, hosting, domain registration, email services, SSL certificates, premium plugins, themes, and third-party subscriptions are not included in our fees. Where we arrange or manage these services on behalf of the client, the client remains the beneficial owner and responsible party unless otherwise agreed.

We are not liable for downtime, security issues, billing disputes, or service interruptions caused by hosting providers, domain registrars, email providers, payment gateways, or other third-party vendors.

12. Website Maintenance Services

Where maintenance services are provided, they may include updates, backups, uptime monitoring, security checks, bug fixes, performance improvements, and content support as specified in the maintenance agreement or package.

Maintenance services do not automatically include new features, redesign work, copywriting, strategic consulting, plugin licensing, or emergency recovery unless expressly included.

13. Support and Response Times

Support response times vary depending on the maintenance package or service level agreement purchased. We will use reasonable efforts to respond promptly, but we do not guarantee immediate resolution of technical issues, especially where third-party providers are involved.

14. Backups

Where backups are part of a maintenance plan, backups are created on a reasonable schedule as specified in the service agreement. While we take reasonable care, we do not guarantee that any backup will be free from corruption, loss, or incomplete restoration. The client is encouraged to maintain independent backups where appropriate.

15. Security

We take reasonable measures to protect websites and related systems against common threats. However, no website, server, or online system can be guaranteed to be completely secure. We are not responsible for breaches, hacks, malware, or data loss caused by vulnerabilities outside our reasonable control, negligent third parties, outdated software, weak passwords, or compromised access credentials.

16. Client Access and Credentials

The client is responsible for providing secure access credentials and for keeping such credentials confidential. We are not liable for issues arising from weak, shared, reused, or compromised passwords. If requested, we may assist with secure handover procedures at project completion.

17. Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in our pre-existing materials, frameworks, processes, code snippets, design systems, and methodologies remain our property. Upon full payment, the client receives the rights specifically agreed in the project scope for the final deliverables.

We may retain the right to reuse general knowledge, techniques, non-confidential concepts, and code patterns developed independently of a specific client’s proprietary content.

18. Portfolio and Marketing Use

Unless the client requests otherwise in writing before project completion, we may display completed work, screenshots, project summaries, and client names in our portfolio, case studies, social media, or marketing materials. Any confidential information will not be disclosed intentionally.

19. Payment Terms

Payment terms will be stated in the quotation, invoice, or service agreement. Unless otherwise agreed, a deposit may be required before work begins, with the balance payable on agreed milestones or on completion.

All invoices must be paid by the due date stated on the invoice. We reserve the right to suspend work, pause access, withhold files, or delay launch until overdue amounts are settled in full.

20. Late Payments

Late payments may incur interest, recovery fees, or administrative charges where permitted by law and where stated in the invoice or agreement. Repeated late payment may result in suspension or termination of services.

21. Refunds and Cancellations

Deposits are generally non-refundable once work has commenced, as they cover planning, scheduling, and initial labour. Completed work, approved design stages, and partially delivered services are not refundable. If a project is cancelled by the client, the client remains responsible for payment for all work completed up to the cancellation date.

22. Suspension and Termination

We may suspend or terminate services if the client fails to pay, repeatedly delays approvals, requests unlawful content, breaches these Terms, or otherwise acts in a manner that materially interferes with service delivery. Either party may terminate an ongoing arrangement in writing, subject to any notice period specified in the applicable agreement.

23. Website Launch and Handover

Once a website is launched or handed over, the client is responsible for ongoing operation, content accuracy, and any changes made by the client or third parties. Final acceptance of the website confirms that the client has reviewed and approved the completed work, subject to any agreed warranty or correction period.

24. Bug Fixes and Warranty Period

Where included, we may provide a limited post-launch correction period for defects directly caused by our work. This does not cover new features, content changes, plugin conflicts, third-party updates, hosting failures, or issues caused by changes made after launch.

25. Exclusions

Unless expressly included in writing, our services do not cover legal advice, regulatory compliance advice, tax advice, advertising guarantees, conversion guarantees, SEO ranking guarantees, sales guarantees, or performance outcomes dependent on external factors.

26. No Guarantee of Results

While we aim to build effective, professional websites and maintain reliable services, we do not guarantee specific business outcomes, rankings, traffic increases, lead volumes, sales, or revenue performance. Any examples or projections are estimates only unless contractually guaranteed in writing.

27. Acceptable Use

The client must not use the website or any services provided by us for unlawful, misleading, defamatory, harmful, infringing, abusive, or fraudulent activity. We reserve the right to refuse work involving content or conduct that we reasonably believe is unlawful, unethical, or damaging.

28. Confidentiality

We will take reasonable steps to protect confidential information shared with us during the course of a project. The client also agrees not to disclose our confidential methods, pricing structures, internal processes, or non-public technical information except where required by law.

29. Data Protection and Privacy

Personal information collected through our website or services is handled in accordance with our Privacy Policy. By using our services, the client acknowledges that we may process personal information necessary to deliver the services, communicate effectively, and meet legal obligations.

30. Third-Party Materials and Licences

Projects may include stock images, fonts, plugins, themes, scripts, or other third-party materials. Unless otherwise stated, the client is responsible for ensuring ongoing licence compliance after handover or launch. We are not liable for licence breaches arising from unauthorized use of third-party materials.

31. Indemnity

The client agrees to indemnify and hold us harmless against claims, losses, damages, liabilities, costs, and expenses arising from content supplied by the client, unlawful use of the website, breach of these Terms, or infringement of third-party rights caused by material provided by the client.

32. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive losses, including loss of profits, loss of data, business interruption, or reputational damage. Our total liability for any claim arising from our services shall not exceed the amount paid to us for the specific service giving rise to the claim.

33. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including power failures, internet outages, hosting disruptions, strikes, natural disasters, illness, civil unrest, governmental action, or other force majeure events.

34. Amendments

We may update these Terms from time to time. The latest version will always be posted on this page with the updated date. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

35. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or relating to these Terms or our services shall be subject to the jurisdiction of the South African courts.

36. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

37. Entire Agreement

These Terms, together with any written proposal, quotation, service agreement, invoice, and applicable policy pages, constitute the entire agreement between the client and Qubix relating to the relevant services.

38. Contact Us

If you have any questions about these Terms and Conditions, contact us at hello@qubix.co.za.