Last Updated: 24 August 2025

1. Introduction and Agreement

Welcome to graphixfuse, trading as Webfuse (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website (web-fuse.co.za) (the “Website”) and the web design, development, and other digital services we provide (collectively, the “Services”).

By accessing the Website or using our Services, you (“the Client,” “you”) agree to be bound by these Terms. This document forms a legally binding contract between you and Webfuse. Please read it carefully.

2. Use of the Website

2.1. Eligibility: You must be at least 18 years of age to use our Website and Services. By using our Website, you represent and warrant that you meet this requirement.

2.2. Prohibited Activities: You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, or impair the Website. Prohibited activities include, but are not limited to:

• Attempting to gain unauthorized access to our systems.
• Transmitting any material that is defamatory, obscene, or otherwise objectionable.
• Using any automated system, such as “bots” or “spiders,” to access the Website for any purpose without our express written permission.

3. Our Services

Webfuse provides a range of digital services, including but not limited to:

• Custom website design and development
• Website redesigns
• Website maintenance and support
• Managed web hosting
• Digital marketing, including SEO and Paid Advertising (PPC)

4. Website Intellectual Property

4.1. Ownership: All content on our Website, including text, graphics, logos, images, and software, is the property of Webfuse or its content suppliers and is protected by copyright and other intellectual property laws.

4.2. Restrictions: You may not reproduce, distribute, modify, or create derivative works from any content on our Website without our prior express written permission.

5. Project Scope, Revisions, and Deliverables

5.1. Project Scope: The specific scope, features, and deliverables for your project will be outlined in a formal quote or proposal (“the Quote”) provided to you. This Quote forms part of these Terms, and any work falling outside this scope will be considered an additional service and may require a separate quote.

5.2. Revisions: Each project includes a maximum of three rounds of reasonable revisions during the design phase. A “round of revisions” constitutes a list of requested changes from the Client. Any further revisions beyond this limit may be subject to additional charges at our standard hourly rate.

5.3. Deliverables: Upon project completion and receipt of final payment, Webfuse will deliver the final, launched website or other specified digital assets as outlined in the Quote.

6. Quotes, Pricing, and Payments

6.1. Quotes: All quotes are provided free of charge and are valid for 30 days from the date of issue. Quotes are based on the information provided by the Client. Any changes to the project scope after a quote has been accepted may result in a revised quote.

6.2. Accuracy and Changes to Pricing: Prices displayed on our website for “Specials,” “Payment Plans,” or other services are indicative and subject to change. The final, binding price for your project will be confirmed in the formal Quote we provide. We reserve the right to change our pricing at any time without prior notice; however, such changes will not affect any Quote that has already been accepted by the Client.

6.3. Payment Terms for “Specials” (Once-Off Projects):

• A non-refundable deposit of 50% of the total quoted amount is required before any work on a “Special” or any other project will commence.
• The remaining 50% is due upon completion of the project, prior to the website being launched or final files being delivered.

6.4. Payment Terms for “Payment Plans” (Monthly):

• The first monthly payment is required to commence the project. No large deposit is needed.
• Subsequent payments are due on the 1st of each month for the agreed-upon term (typically 12 months).
• Hosting and domain registration are included for the duration of the payment plan.

6.5. Late Payments: For monthly plans, payments more than 7 days overdue may result in the temporary suspension of your website and services until the outstanding amount is settled.

6.6. Refunds: The initial 50% deposit for any project is non-refundable as it covers the costs of project initiation, resources, and initial design work. No refunds are issued for monthly payments already made on a “Payment Plan.”

7. Client Obligations

To ensure a smooth and timely project, the Client agrees to:

• Provide all necessary content (text, images, logos) in a timely manner.
• Provide clear, constructive feedback and approvals within the agreed-upon timeframes.
• Appoint a single point of contact for all communications.
• Guarantee that all content provided (text, images, logos) is owned by the Client or that the Client has the legal right and permission to use it. The Client agrees to indemnify and hold Webfuse harmless from any and all claims, damages, and legal fees arising from copyright or trademark infringement issues related to the content provided by the Client.

Delays in providing content or feedback may result in the project timeline being extended.

8. Project Intellectual Property, Third-Party & AI Resources

8.1. Client Ownership: Upon receipt of the final payment in full, the Client is granted 100% ownership of the final, delivered website design and its content.

8.2. Webfuse’s Rights: Webfuse retains the right to use the completed project and any preliminary designs for the purpose of marketing, portfolio display, and promotion. We also retain ownership of all original source files, code, and intellectual property developed by us that is not specific to the Client’s branding.

8.3. Third-Party and AI Resources: Webfuse may use third-party tools, stock assets (such as images or fonts), or AI-powered resources in the creation of a project. While we strive to use reputable and properly licensed resources, we make no guarantees regarding these third-party tools and will not be held liable for any issues arising from their use. The Client is responsible for adhering to the license agreements of any such third-party assets.

9. Reviews and Testimonials

If the Client provides a review or testimonial, they grant Webfuse a perpetual, worldwide, royalty-free license to use that content for marketing and promotional purposes. This includes, but is not limited to, displaying the review on our website, in case studies, and on social media platforms. We will only use the Client’s personal identifying information (such as full name or company name) with the Client’s explicit written consent.

10. Confidentiality

Both Webfuse and the Client agree to keep all confidential information shared during the project private and not to disclose it to any third party without prior written consent, except where disclosure is necessary to complete the project (e.g., to a third-party service provider bound by confidentiality). Confidential information includes proprietary business information, trade secrets, and project details not yet made public.

11. Project Timelines and Delivery

We will provide an estimated timeline for your project in the Quote. This timeline is an estimate and is dependent on the Client meeting their obligations (Section 7). We will make every reasonable effort to meet the agreed-upon deadlines, but we are not liable for delays caused by the Client or by circumstances beyond our control.

12. Website Hosting

12.1. Service Provision: For clients on a “Payment Plan,” managed hosting is included for the duration of the plan. For “Specials,” one month of hosting is included. After this initial period, hosting services will be billed annually or monthly as per the agreed-upon web hosting plan.

12.2. Acceptable Use: Clients agree not to use the hosting services for any unlawful purpose, including but not limited to, the transmission of spam, malicious software, or content that is illegal, defamatory, or infringes on copyright.

12.3. Resource Usage: The hosting provided is based on a shared server environment. While resources are ample for the vast majority of small business websites, clients with exceptionally high traffic or resource demands may be required to upgrade to a different hosting plan at an additional cost.

12.4. Uptime: We strive to maintain a 99.9% uptime for our hosting services. However, we do not guarantee 100% uptime, as occasional downtime may occur for scheduled maintenance or for reasons beyond our control.

12.5. Backups: We perform regular backups of our hosting servers for disaster recovery purposes. However, the Client is ultimately responsible for maintaining their own current backup of their website content. We are not liable for any loss of data.

13. Website Maintenance

Website maintenance is a separate service unless explicitly included in the Quote or a “Payment Plan.” Maintenance services may include software updates, security scans, and content updates. If the Client does not have a maintenance plan, they are solely responsible for the ongoing health and security of their website after launch.

14. Warranty Disclaimer

The Services and deliverables are provided “as is.” While we strive to ensure the accuracy and quality of our work, we do not guarantee that our Services or the final website will be completely error-free, uninterrupted, or meet all of the Client’s expectations. We will not be held liable for any errors or omissions found after the project has been finalized and launched.

15. Limitation of Liability

Webfuse will not be liable to the Client or any third party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website and any other web pages, even if you have advised us of the possibilities of such damages. Our total liability to you in contract or delict for any and all claims shall not exceed the total amount of fees paid by you to us for the Services.

16. Termination

• The Client may terminate the project at any time by providing written notice. If termination occurs, the Client will be responsible for payment for all work completed up to the date of termination. Deposits are non-refundable.
• Webfuse reserves the right to terminate a project with a Client at any time without prior notice if the Client breaches these Terms, including failure to make payments, or if the working relationship becomes unmanageable.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

18. Updates to these Terms

Webfuse reserves the right to modify these Terms and Conditions at any time without prior notice. The updated version will be effective upon posting on our website. It is the Client’s responsibility to review these Terms periodically for changes.

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Both parties consent to the jurisdiction of the courts of Cape Town.

20. Contact Us

For any questions regarding these Terms and Conditions, please contact us:

graphixfuse t/a Webfuse Email: info@web-fuse.co.za Website: web-fuse.co.za