The details

Terms and Conditions

Last updated: 12 November 2026 · Version 2026-11-12-v1

Master Terms and Conditions

Who these terms apply to

These terms apply to services supplied by CodeCape to clients in South Africa. They should be read with the specific proposal, quote, project specification and payment schedule accepted by you. If a project-specific document clearly differs from these general terms, the project-specific detail applies to that item.

Definitions and contract documents

In these terms, “Client” means the person or organisation identified in the accepted proposal; “Services” means the work CodeCape agrees to perform; “Deliverables” means the items expressly identified for delivery; “Proposal” or “Quote” means the project-specific offer, including its scope and payment schedule; “Project” means the Services and Deliverables in that accepted offer; “Subscription” means a recurring service for the term shown in the proposal; “Third-party Provider” means a supplier whose products or infrastructure are used to provide a service; and “Personal Information” has the meaning given by applicable South African data protection law. A business day means a day other than a Saturday, Sunday or South African public holiday.

The agreement consists of the accepted project-specific agreement or proposal, the project scope/specification and payment schedule, the applicable service schedule, these Master Terms, and other policies expressly referenced in the proposal. A project-specific document takes precedence only where it expressly addresses the same issue and clearly conflicts with a general term. Mandatory legal rights always prevail.

Quotes, acceptance and electronic contracting

A quote describes the agreed work, deliverables, price and payment schedule. It is valid for the period stated on it, or for 30 days if no period is stated. The agreement starts when you accept the proposal or otherwise approve the quote in writing. Work begins after any required initial payment has cleared.

Before accepting a proposal, review the client and project details, scope, deliverables, price and payment schedule shown. Contact us to correct an error or ask a question before submitting your acceptance. The proposal acceptance form requires an affirmative unticked checkbox and a typed name matching the name entered. The portal records the proposal and legal document versions, acceptance time, client details and acceptance action. A typed name is recorded as evidence of the electronic acceptance; its legal effect depends on the circumstances and applicable law.

An online enquiry or use of the website alone does not mean that you have accepted a project quote or these project-specific commercial terms. A copy of the proposal and applicable document versions should be retained with your project records. Please contact us if you need another copy.

Scope, changes and client responsibilities

Work is limited to the scope in your accepted proposal and specification. You must provide accurate content, instructions, approvals and access details in time; ensure that you have the rights and licences needed for materials you supply; review content and functionality before publication; keep credentials secure; and promptly tell us about suspected account or credential compromise. You are responsible for the lawfulness of your own products, services, claims and business practices and for obtaining any industry-specific approvals or advice you need. Unless the proposal says CodeCape manages them, you remain responsible for your domain registration and third-party accounts.

A revision corrects or adjusts an item within the accepted scope; a new feature, extra page, change of direction, additional content work, integration or migration may be outside it. We will describe a requested change, any additional fee and likely timeline impact and obtain your written approval before starting chargeable out-of-scope work. Delays in your content, access, decisions or feedback can extend delivery dates. If a project becomes inactive, we will contact you and allow a reasonable response period before discussing work completed, committed costs or any restart arrangement. Any restart fee must be agreed in writing before it is charged.

Fees, payment and overdue amounts

Prices, due dates and recurring charges are set out in your accepted quote. Where available, online payments are processed by PayFast and are subject to its terms. If PayFast is unavailable, we may provide EFT bank details on your secure payment page. Please use the project reference shown there and allow time for the transfer to clear; we will confirm receipt after checking the payment. EFT payments do not create an automatic recurring payment instruction. You must make future monthly payments by the method and on the schedule agreed with CodeCape. If a payment fails or is overdue, we may pause affected work or services after giving reasonable notice, subject to applicable law. Taxes, if applicable, will be shown in your quote or invoice.

Prices and any applicable taxes will be stated in the proposal or invoice. Any VAT treatment will be shown there. If an amount is overdue, we will provide reasonable written notice and an opportunity to resolve it before pausing affected work or services where lawful. Suspension does not remove an obligation to pay amounts properly due. No late-payment interest rate is specified by these terms.

Subscriptions and cancellation

A recurring service runs for the term shown in your quote. A 24-month term is a fixed-term commitment; a service marked “until cancelled” continues until cancelled. Cancellation, early termination and any reasonable charges are governed by the quote and the Cancellation section, subject always to any rights that cannot lawfully be excluded or limited, including applicable rights under the Consumer Protection Act.

Intellectual property and third-party materials

You retain rights in materials you supply and allow CodeCape to use them only as reasonably needed to perform the Services. CodeCape retains its pre-existing tools, code, templates, reusable components, methods, know-how and development processes. Third-party and open-source materials remain subject to their own licences. The proposal must identify whether project-specific Deliverables are owned, licensed or transferred, when that right takes effect, and whether source code, repositories, design source files, deployment configuration, credentials or documentation are included. A website handover does not by itself transfer CodeCape's background intellectual property or third-party materials.

For a subscription website, the public offer describes ownership transfer after the stated 24-month minimum term. The proposal must clarify the transfer date and scope, including the treatment of unpaid amounts and non-transferable components. No portfolio or publicity right is assumed unless you give permission separately.

Warranties, service outcomes and liability

CodeCape will provide the Services with reasonable care and skill and will work with you to address a material mismatch with the accepted scope when you tell us about it. The proposal should state the review process and any post-launch correction period; no general defect-correction period is promised by these terms. Search ranking, traffic, leads, sales, revenue, business growth, uninterrupted operation, compatibility with every device or future third-party change, and immunity from security incidents are not guaranteed. Results may depend on your content and actions, competition, search services and Third-party Providers.

Nothing in these terms excludes a right, remedy or liability that cannot lawfully be excluded or limited. Liability and any financial limit are subject to applicable law, including any consumer protections that apply. These terms do not set a separate financial cap. Any risk allocation or limitation should be read with the specific proposal and reviewed by South African counsel.

Confidentiality, subcontractors and force majeure

Each party should protect the other party's non-public information and use it only for the project, except for information already public, independently developed or lawfully received from another source. A party may disclose information where required by law. CodeCape may use service providers or subcontractors to deliver the Services and remains responsible for its obligations, subject to applicable law and appropriate safeguards where Personal Information is involved.

Neither party is responsible for a delay caused by circumstances beyond its reasonable control if it takes reasonable steps to reduce the effect and gives notice where practicable. This does not remove payment obligations for Services already supplied or any mandatory legal rights.

Complaints, notices and general terms

Please contact info@codecape.co.za first with your project reference and details so we can try to resolve a concern. This does not prevent you from approaching a competent regulator or court, or from exercising any statutory right. South African law governs these terms, subject to mandatory consumer protections.

Notices may be sent to the email address used for the project or to info@codecape.co.za. Updates to these terms apply to future services; the version recorded with an accepted proposal continues to apply to that project unless the parties agree otherwise or the law requires otherwise. If a term is unenforceable, the remaining terms continue to apply to the extent allowed by law. A failure to enforce a term once is not a waiver. The accepted proposal and documents it expressly incorporates form the agreement about that project, subject to mandatory law.

Schedule A — Once-off website development

The accepted proposal controls the number of pages, functions, integrations, content entry, design outputs, revisions, testing, delivery milestones and exclusions. The advertised Website Starter includes up to five pages and one revision round; any different or custom scope must be stated in the proposal. Work beyond the included revision or accepted scope is quoted for written approval before it begins.

The proposal must state the handover items and whether hosting, domain connection, source code, design files, credentials, repositories or transfer of third-party accounts are included. Ownership or licence of project-specific items follows the proposal and applicable law. No transfer of third-party or CodeCape background intellectual property is implied.

Schedule B — Website subscription

The advertised Website Subscription is R299 per month for a 24-month minimum term and lists hosting, domain connection, SSL, one revision round and the Website Support Plan as included. The accepted proposal controls the actual scope, dates, billing schedule, included services and exclusions for your project. The proposal must clarify the subscription start and end dates, what happens at expiry, transfer conditions and ownership of client-specific materials versus reusable or third-party components.

This page does not determine automatic renewal, month-to-month continuation after the minimum term, domain renewal responsibility, backups, migration costs or source-code transfer. Those details must be stated in the proposal or confirmed before acceptance. Any expiry notice or renewal process required by law will apply. Statutory cancellation rights remain unaffected.

Schedule C — Support and maintenance

The advertised Website Support Plan is R199 per month and includes up to 30 minutes per month for text, contact-detail or image updates and basic support. Additional work is advertised at R450 per hour; larger projects are quoted separately. The proposal determines whether this plan is included in or additional to a subscription and which support services are included. Unused-time rollover, response targets, emergency or after-hours support, backup/restore work and support channels are not specified here and should be confirmed before acceptance.

Support time does not automatically include new features, redesigns, substantial content production, third-party provider work or development outside the listed allowance. Any additional chargeable work must be described and approved in writing before it starts.

Third-Party Hosting and Infrastructure

1. CodeCape may use third-party infrastructure and hosting providers, including Cloudflare, to host, deploy, deliver and maintain client websites and related services.
2. Where hosting is included in a website package or subscription, CodeCape will make reasonable efforts to keep the website accessible using the hosting infrastructure available to CodeCape at the time.
3. The Client acknowledges that third-party hosting providers operate independently of CodeCape and that their services, pricing, usage limits, technical requirements, terms, policies and availability may change from time to time.
4. CodeCape does not own or control third-party hosting infrastructure and cannot guarantee that any particular hosting provider, hosting plan or free hosting service will remain available indefinitely.
5. If a third-party provider changes its terms, pricing, usage limits, technical requirements or availability in a manner that materially affects the hosting service, CodeCape may take reasonable steps to:
   • Continue hosting using the existing infrastructure, where reasonably possible;
   • Migrate the website to an alternative hosting provider or infrastructure;
   • Propose a reasonable hosting fee where continued hosting involves additional costs; or
   • Discontinue the affected hosting service where no commercially or technically reasonable alternative is available.
6. Where reasonably practicable, CodeCape will provide the Client with at least 30 days' written notice of a material change affecting their hosting service and explain any available alternatives or additional charges. Shorter notice may be necessary where required by a third-party provider, security incident, legal requirement or other circumstances outside CodeCape's reasonable control.
7. Where hosting is discontinued, CodeCape will, subject to payment of outstanding amounts and any applicable contractual obligations, provide reasonable assistance with the handover or export of the website files and content that are capable of being transferred.
8. Any migration, redevelopment, third-party hosting subscription, domain registration, email hosting or additional technical work required as a result of a hosting change may be quoted separately, subject to the Client's approval.
9. Nothing in this section excludes or limits any rights or remedies that the Client may have under applicable consumer protection or data protection legislation.

Hosting, domain registration and renewal, email hosting, backups, restoration, migration and post-termination assistance are included only where expressly stated in the proposal. CodeCape does not promise a particular uptime, backup frequency or retention period unless the proposal states one. Keep independent copies of important content and data. You may request an export of transferable client content by contacting us; we will explain any agreed fee or technical limitation before additional work is performed.

Termination and effects

Either party may raise a material breach and allow a reasonable opportunity to remedy it where appropriate and lawful. Cancellation, fixed-term agreements and statutory rights are addressed in the Cancellation section below. On termination, charges properly due for Services supplied and agreed third-party commitments remain subject to the proposal and law. Hosting, access, data export and transfer consequences depend on the proposal and the hosting section above; no term removes rights that cannot lawfully be limited.

Privacy policy

Information we collect

If you contact us or use a client proposal, we may receive the name, business name, phone number, email address, project details, content and files you choose to provide. When you accept a proposal, we record your name, company, typed signature, acceptance time, proposal/legal document versions and the project details accepted. The portal may also record the request IP address as acceptance evidence. Payment may be handled by PayFast, which provides payment status and transaction details needed to manage your order; we do not receive or store your full card details. If you pay by EFT, your bank processes the transfer and we receive the payment information and reference needed to identify and confirm it.

How we use your information

We use your information to respond to enquiries, prepare and deliver the services you request, administer proposals and payments, provide support, and meet legal obligations. We do not sell your personal information or use contact form submissions to create a marketing mailing list.

Service providers and sharing

Contact form submissions are checked using Cloudflare Turnstile and sent to our business inbox using Brevo. Our website and client portal use Cloudflare infrastructure. PayFast processes online payments under its own privacy terms; EFT transfers are processed by your and our financial institutions. WhatsApp messages are subject to WhatsApp’s privacy practices. These providers process information as needed to provide their services to us.

If CodeCape processes Personal Information on a client's behalf as part of a website service, the parties should agree their respective responsibilities and any required operator terms in writing before that processing begins. The website proposal does not itself describe all processing instructions or security arrangements for every client.

Storage, security and retention

We use reasonable safeguards to protect information, but no internet transmission or storage system can be guaranteed completely secure. We retain information for as long as needed to respond to you, provide services, resolve disputes and meet applicable legal and accounting requirements, then delete or de-identify it where reasonably possible.

Your choices and rights

You may ask to access or correct personal information we hold about you, or raise a privacy concern. We will handle requests in accordance with applicable South African privacy law, including the Protection of Personal Information Act (POPIA). This website code does not configure analytics or advertising tracking. Third-party providers may use their own cookies or similar technologies under their terms. For a privacy-related request, email info@codecape.co.za.

Refund policy

When this policy applies

This section covers payments for CodeCape website design, development and related services. Your accepted quote sets out the work and payment schedule. It does not remove rights or remedies available to you under South African law, including the Consumer Protection Act where it applies.

Before work starts

If you cancel before work has started, contact us promptly at info@codecape.co.za. We will refund amounts paid for work not performed, less any amounts we are legally entitled to retain for costs already incurred or services already supplied. Any applicable statutory cancellation rights take precedence.

After work starts

Website work is prepared for the individual client and may involve time and costs as soon as work begins. If a project is cancelled after that point, we will assess the work completed, committed third-party costs and any applicable legal rights, and refund any remaining amount due. We do not promise an automatic full refund for work already completed or costs already incurred.

Electronic transactions and statutory rights

Some electronic transactions may carry statutory cooling-off rights, potentially including a seven-day right under the Electronic Communications and Transactions Act where it applies. Applicability, any statutory exceptions and their requirements depend on the transaction, the Client's legal status and the law. Starting Services during a cooling-off period does not by itself remove a right; CodeCape will rely on an exception only where its legal requirements are met. Nothing in this policy limits any mandatory right or remedy.

Service issues and payment errors

If you believe a charge is incorrect, a payment was duplicated, or a service does not meet the accepted scope, contact us with your project reference and details. We will investigate and, where a refund is due, arrange it through the original payment method where practical. PayFast or a financial institution may have its own processing timelines. Email info@codecape.co.za with your name, project reference, payment date and reason for your request. Nothing here limits a mandatory legal right to a refund or other remedy.

Cancellation policy

How to cancel

Send a cancellation request to info@codecape.co.za with your name and project reference. We will confirm when the request takes effect and explain any outstanding amounts or work in progress. If you pay through PayFast, contacting PayFast alone may stop a payment instruction but does not by itself cancel your service agreement; please notify CodeCape as well.

A valid statutory cancellation right is not restricted by this contact process. The treatment of fixed-term agreements and cancellation notices depends on the applicable law and whether the Client qualifies for the relevant statutory protections. Where statutory fixed-term rules apply, any cancellation penalty must be reasonable and assessed under those rules; the remaining instalments are not automatically due in full merely because a Client cancels early.

Projects and monthly services

You may ask to cancel a project at any time. We will confirm the work completed and third-party costs committed up to cancellation, and any refund or amount still payable will be assessed under the accepted quote, the Refund section and applicable law. Any cancellation charge must be fair and lawful.

Your quote identifies whether a monthly service has a 24-month fixed term or continues until cancelled. A service marked “until cancelled” can be cancelled by written notice; cancellation takes effect at the end of the current paid billing period unless your quote or applicable law provides otherwise. For a fixed-term agreement, early cancellation is subject to the agreed term and any applicable statutory cancellation rights. Where the Consumer Protection Act applies, any early cancellation penalty will be reasonable and assessed in accordance with that Act; it will not automatically be the full balance of all future instalments.

After cancellation

Recurring charges will stop when cancellation takes effect, subject to any final amount properly due for services already supplied or a lawful cancellation charge. Hosting, support, updates or access supplied as part of the cancelled service may end at that time. Website ownership or transfer remains as set out in your quote; cancellation does not automatically transfer a subscription website before its agreed transfer conditions are met.

Delivery policy

Digital services and timing

CodeCape provides website design, development, hosting and related support digitally. There is no physical delivery unless your quote expressly includes a physical item. Deliverables may include a live website, agreed design or content files, and access or handover information as described in your accepted proposal.

The expected schedule is agreed in your proposal or confirmed after the project is scoped. Timing starts after any required initial payment has cleared and we have received the content, access details and instructions needed to begin. We will keep you informed if dependencies or circumstances affect the schedule. Client review and approval time, late content and third-party provider delays can extend delivery.

Review, handover and ongoing service

We will make the agreed work available for your review and provide the revision rounds specified in your quote. Once approved, or once the quote’s acceptance process is complete, we will publish or hand over the deliverables described in scope. Website ownership and any subscription transfer are governed by your quote and these Terms and Conditions. Hosting, domain connection, maintenance and support are included only where listed in your quote. Availability may depend on third-party infrastructure and domain providers. We will use reasonable efforts to assist with delivery issues within our control. For a delivery update or handover question, email info@codecape.co.za and include your project reference.

The proposal should state the review stages, feedback process and delivery milestones. Please report a material mismatch with the agreed scope so it can be assessed and addressed. Silence alone does not count as acceptance of a Deliverable or waive a statutory right. A request for new functionality or a change in direction is handled as a change request, not automatically as a defect.