These terms explain how JDS Digital works with clients, including project scope, deposits, time spent, cancellations, delivery, ongoing services and responsibilities.
These terms govern services supplied by JDS Digital (“JDS”, “we”, “us”) to its clients (“Client”, “you”). Services may include web design and development, SEO, IT support, hardware repairs, software, hosting-related assistance and ongoing maintenance. The applicable accepted quotation, scope and written service agreement form part of the contract.
By accepting a quotation, signing an agreement or paying an agreed deposit after receiving these terms, you agree to the applicable contractual conditions. Specific signed terms take precedence over these general terms where they conflict, subject to law. Nothing here removes mandatory rights under South African law.
Quotations remain valid for 14 days unless otherwise stated. They include only the services and deliverables expressly described. Extra pages, functionality, integrations, content, redesigns or other changes require separate written approval and may incur additional fees. JDS may decline work before acceptance and revise unaccepted quotations where requirements change.
Unless agreed otherwise in writing, a 50% deposit is required before work begins. The deposit funds initial professional time, discovery, planning, scheduling, design, development and reasonable project expenses.
Work may begin after the deposit clears and sufficient project information is supplied. Time spent on consultation, research, layouts, configuration, coding, meetings, testing and project administration may be billable even if the final deliverable has not yet been completed or published.
Unless agreed otherwise, the remaining 50% is due upon substantial completion and before final launch, delivery or transfer of agreed materials. JDS may withhold final handover for undisputed amounts lawfully due, subject to applicable rights.
JDS may pause further work after reasonable written notice of overdue payment, subject to any mandatory notice requirements. Lawful recovery costs may be claimed where agreed and permitted.
Clients must request cancellation in writing. Once work has started, JDS may apply amounts already paid towards demonstrable professional services performed, authorised third-party costs and reasonable cancellation charges permitted by law. The absence of a finished website or published product does not mean no work was done.
When assessing any refund, JDS will consider recorded time, the agreed rate or reasonable value of services, project progress, expenses, the nature of the engagement and applicable statutory rights. Any refundable balance will be returned as legally required. A 50% deposit is not automatically non-refundable in every circumstance.
If a client chooses not to launch or use substantially completed work, amounts properly due for that work may still be payable. If JDS terminates a project, accounts will be reconciled fairly, including amounts for work properly completed and any refund required by law.
Project dates are estimates unless a firm deadline is expressly agreed. Timely delivery depends on the client providing content, access, decisions and approvals. Client-caused delays may extend the schedule.
If required information or approval remains outstanding for 14 days after a written request, JDS may place the project on hold with reasonable notice. After 30 days of client-caused inactivity, JDS may propose a revised timeline and quote for any additional work needed to restart. Work already performed remains chargeable under the agreement.
The quotation determines the number and nature of included revisions. Where no revision allowance is stated, it must be agreed before work starts. Revisions refine the agreed scope; new functionality, complete redesigns or changes to approved stages may be additional work. JDS will obtain approval for additional fees before proceeding.
Staging sites, previews, mockups and demonstrations are for evaluation, not final delivery. They may use placeholder content and incomplete functionality. A quoted 48-hour demonstration target depends on receiving a suitable brief, available resources and any stated offer conditions; it is not an unconditional guarantee.
JDS retains rights in its pre-existing templates, tools and proprietary demo materials. Editable files or administrative access are not automatically included before agreed payment and handover conditions are satisfied. Temporary demo environments may be reset or removed on reasonable notice, without overriding the client's contractual rights.
The client must provide accurate instructions, lawful content, suitable access and timely approvals; confirm rights to supplied images, branding and other assets; and maintain backups unless backup work is expressly included. The client is responsible for delays and reasonable additional work caused by incomplete or incorrect information, except where JDS is legally responsible.
Domain registration, renewals, hosting, premium themes, plugins, licences and third-party subscriptions are charged separately unless expressly included. Third-party services are subject to their providers' terms and technical limitations. Renewal responsibilities and charges will be set out in the relevant agreement. JDS will not unlawfully prevent a client from exercising legitimate rights over its domain.
A development fee does not include unlimited future maintenance, security monitoring, updates or content changes. Ongoing support requires a separate package or written arrangement. Client changes and third-party updates can affect compatibility; corrective work outside the agreed scope may be separately quoted.
JDS provides SEO and marketing services using reasonable care and professional judgment. Search rankings, traffic, enquiries and revenue depend on factors outside JDS's control and are not guaranteed. Properly performed services remain chargeable even if particular commercial outcomes are not achieved, subject to contractual and statutory rights.
Diagnostics may be chargeable where disclosed and agreed, even if a fault cannot be resolved. Additional repairs and replacement parts require authorisation. Clients should maintain backups before repair or system work. JDS will exercise reasonable care but cannot promise successful recovery of every device or dataset. JDS remains responsible for loss or damage to the extent required by law.
Custom development is limited to the accepted functional specification. New features, integrations and post-approval changes may affect pricing and delivery. Testing and debugging form part of development, but compatibility with unspecified third-party systems is not guaranteed. Ownership and licensing follow the written project agreement.
JDS retains rights to pre-existing code, frameworks, templates, methods and reusable components. Rights in commissioned deliverables transfer or are licensed only as expressly agreed in writing, ordinarily after full payment. Third-party assets remain subject to their licences. Clients retain rights to their own supplied branding and materials. JDS will seek appropriate permission before publicly displaying confidential or unpublished client work.
Each party must reasonably protect confidential information. JDS processes personal information in accordance with applicable South African law, including POPIA, for enquiries, contracts, service delivery and lawful business administration. Where JDS acts as an operator for client personal information, additional written data-processing terms may be required. A separate Privacy Policy should explain website data practices.
JDS will perform services with reasonable care and skill. Clients should report suspected defects promptly with sufficient detail for investigation. JDS will address defects for which it is contractually or legally responsible. New preferences or features outside scope are not necessarily defects. Statutory consumer rights remain unaffected.
To the extent permitted by law, JDS is not liable for indirect or consequential losses caused by circumstances beyond its reasonable control, independent third-party failures or unauthorised client modifications. Where lawful, aggregate contractual liability is limited to the fees paid or payable for the services giving rise to the claim. No limitation applies where prohibited by law, including liability that cannot lawfully be excluded for gross negligence or intentional wrongdoing.
JDS may suspend or terminate services for material breach, repeated non-payment, unlawful requests or conduct preventing reasonable performance, after any notice and opportunity to remedy required by law. Work properly performed remains payable. Upon termination, both parties will reconcile lawful amounts due and arrange handover of materials to which the client is entitled.
Complaints and disputes should be submitted in writing so the parties can attempt good-faith resolution. This does not prevent urgent court relief or access to a competent court, ombud or statutory consumer protection process.
Neither party is responsible for delays caused by extraordinary circumstances beyond reasonable control to the extent permitted by law. The affected party must communicate material disruptions and take reasonable steps to reduce their impact.
JDS may update these website terms with a new effective date. Updated terms do not automatically change existing agreements or remove accrued rights without a lawful basis and any required consent.
These terms are governed by the laws of the Republic of South Africa. Disputes may be brought before a competent South African court or applicable statutory dispute resolution body.
JDS Digital
Cape Town, Western Cape, South Africa
Website: jdsdigital.co.za
Email: [INSERT BUSINESS EMAIL]
Telephone: [INSERT BUSINESS TELEPHONE]
Legal entity / proprietor: [INSERT LEGAL NAME]
Registration number (if applicable): [INSERT]
Physical address: [INSERT]
Address for service of legal documents: [INSERT]