Terms of Service

Last updated: 22 August 2025

These Terms of Service (“Terms”) govern the use of services provided by Blimitless (Pty) Ltd (“we”, “our”, “us”, or the “Web Developer”) to any individual or business entity (“you”, “your”, or the “Client”). By using our website, signing a Service Agreement, or subscribing to our services, you agree to these Terms.

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1. Introduction

1.1 Blimitless (Pty) Ltd is a web design, development, hosting, and digital services provider registered in the Republic of South Africa (Registration Number: 2012/153149/07).
1.2 These Terms apply to all services we provide, including website development, hosting, maintenance, support, and related digital solutions.
1.3 In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement will take precedence.

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2. Definitions

For clarity:

• Agreement: These Terms together with your Service Agreement and Quotation.

• Client: The individual or entity purchasing services.

• Services: Web development, hosting, support, and related services offered by Blimitless.

• Quotation: A written offer or package selection provided by Blimitless.

• Minimum Commitment Period: The initial twelve (12) month subscription period for new website development.

• Third-Party Licences: Software, plugins, or services not owned by Blimitless but required for website functionality.

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3. Services

3.1 Services are provided according to the package you select, as outlined on our Services Page and/or in your Quotation.
3.2 Service scope may evolve to reflect updates, improvements, or industry standards.
3.3 Additional or custom services not included in your package will be treated as Service Variations and may incur additional fees.

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4. Fees & Payment

4.1 Services are billed monthly in advance on a subscription basis.
4.2 Website development requires a minimum 12-month subscription commitment, as no upfront once-off fee is charged.
4.3 Payments are due by the 1st of each month via debit order or EFT.
4.4 All fees exclude VAT and applicable transaction costs.
4.5 We may increase fees annually by up to 10% to reflect inflation or rising costs, with prior notice.
4.6 Late payments may result in suspension of services, with interest charged at 2% per month.

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5. Hosting, Maintenance & Support

5.1 Hosting and support are provided according to your selected package.
5.2 While we strive for uptime and reliability, we cannot guarantee uninterrupted hosting or error-free services, as these may depend on third-party providers.
5.3 Backups are included per package; however, you remain responsible for independently backing up business-critical data.
5.4 Any plugins or software not covered under our agency licences are at your own cost and responsibility.

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6. Client Responsibilities

6.1 You must provide accurate and lawful content, data, and approvals.
6.2 You may update and edit your own website. However, Blimitless will not be responsible for errors, downtime, or security issues caused by Client or third-party modifications.
6.3 Any remedial work required due to such modifications will be billed separately.
6.4 You must comply with all relevant laws, including copyright, intellectual property, and data protection.

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7. Intellectual Property

7.1 You retain ownership of all content and materials you provide.
7.2 Proprietary tools, frameworks, or code developed by Blimitless remain our property, but you are granted a licence to use them as part of your website.
7.3 Upon full payment, you gain ownership of your completed website design and content, excluding third-party licences or unpaid work.
7.4 If this Agreement is terminated, you must obtain your own licences for any plugins or software previously covered under our agency licences.

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8. Confidentiality & Data Protection

8.1 Both parties agree to protect each other’s confidential information.
8.2 Blimitless complies with the Protection of Personal Information Act (POPIA) and, where applicable, the GDPR.
8.3 You confirm you have the right to provide any personal data supplied to us for processing.

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9. Limitation of Liability

9.1 We are not liable for indirect or consequential damages, including loss of profits or data.
9.2 Our total liability is limited to the fees paid in the three (3) months preceding a claim.
9.3 We are not responsible for:

• Failures of third-party hosting or software.

• Security breaches due to weak passwords or negligence.

• Errors resulting from unauthorised modifications made by you or third parties.

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10. Termination

10.1 This Agreement requires a 12-month minimum subscription commitment.
10.2 Thereafter, you may cancel with 20 business days’ written notice (CPA Section 14).
10.3 Early cancellation within the initial 12 months may incur a reasonable cancellation penalty, including recovery of development costs and licence fees.
10.4 Immediate termination may occur if:

• You fail to pay fees,

• You breach these Terms, or

• You become insolvent.
  10.5 Upon termination:

• You remain liable for all outstanding fees (including cancellation penalties).

• Agency-provided licences end immediately.

• We may provide a backup of your website content (subject to settlement of outstanding fees).

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11. Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, power outages, strikes, or failures of third-party providers.

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12. Dispute Resolution

12.1 Disputes will first be addressed through good-faith negotiation.
12.2 If unresolved, disputes may be referred to mediation in Plettenberg Bay, South Africa (or virtually).
12.3 As a last resort, disputes shall be subject to South African court jurisdiction.

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13. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

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14. General

14.1 These Terms, together with your Service Agreement and Quotation, form the entire agreement between the parties.
14.2 No variation of these Terms is valid unless in writing and agreed by both parties.
14.3 Notices may be sent by email and will be deemed delivered upon successful transmission unless bounced.
14.4 Agreements may be signed electronically or submitted via our secure online portal.