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Terms & Conditions of Service
Last Updated: December 23, 2025 | Effective Date: December 23, 2025
IMPORTANT NOTICE: These Terms and Conditions constitute a legally binding agreement between you (the "Client") and Iron Web (Pty) Ltd, trading as "Iron Web" (the "Company", "we", "us", or "our"). By engaging our services, placing an order, or accessing our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any part of these terms, you must not use our services.
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms and Conditions, unless the context indicates otherwise:
- "Agreement" means the contractual relationship between Iron Web and the Client, incorporating these Terms and Conditions, the Quotation, and any written amendments;
- "Client Content" means all text, images, data, information, materials, and media provided by the Client for inclusion in the Website;
- "CPA" means the Consumer Protection Act 68 of 2008, as amended;
- "Deliverables" means the website, design work, code, documentation, and any other materials to be delivered to the Client as specified in the Quotation;
- "ECTA" means the Electronic Communications and Transactions Act 25 of 2002, as amended;
- "Hosting Services" means the provision of server space, bandwidth, and related services for making the Website accessible on the internet;
- "Intellectual Property Rights" means all patents, copyrights, design rights, trademarks, trade secrets, know-how, database rights, and all other intellectual property rights, whether registered or unregistered;
- "POPIA" means the Protection of Personal Information Act 4 of 2013;
- "Project" means the web design, development, or related services to be provided by Iron Web as specified in the Quotation;
- "Quotation" means the written proposal, estimate, or quote provided by Iron Web to the Client;
- "Services" means all website design, web development, hosting, maintenance, SEO, e-commerce, and related digital services provided by Iron Web;
- "Website" means the website(s) to be designed, developed, or maintained by Iron Web for the Client.
1.2. Headings are for convenience only and do not affect interpretation.
1.3. Words in the singular include the plural and vice versa.
2. SCOPE OF SERVICES
2.1. Iron Web provides comprehensive digital services including but not limited to:
- Web Design Services: Custom website design, UI/UX design, responsive design, mobile-first design, wireframing, and prototyping;
- Web Development Services: Front-end development (HTML, CSS, JavaScript), back-end development, content management systems (CMS), e-commerce platforms, custom web applications, API integrations;
- Website Hosting Services: Shared hosting, VPS hosting, cloud hosting, domain registration, SSL certificates, email hosting, server management;
- Website Maintenance: Software updates, security patches, backup services, performance optimization, bug fixes, content updates;
- SEO Services: On-page optimization, keyword research, technical SEO, local SEO, SEO audits;
- E-commerce Solutions: Online store setup, payment gateway integration, product catalog management, shopping cart functionality;
- Digital Marketing: Social media integration, email marketing setup, analytics configuration, conversion optimization;
- Consulting Services: Technical consulting, digital strategy, technology recommendations.
2.2. The specific Services to be provided will be detailed in the Quotation or written agreement between the parties.
2.3. Iron Web reserves the right to engage subcontractors or third-party service providers to fulfill any part of the Services, while remaining responsible for the work performed.
3. QUOTATIONS AND PROPOSALS
3.1. All Quotations provided by Iron Web are:
- Valid for thirty (30) calendar days from the date of issue, unless otherwise stated;
- Based on the scope of work and specifications provided at the time of quotation;
- Exclusive of Value Added Tax (VAT) unless expressly stated otherwise;
- Subject to availability of resources and may be withdrawn at any time before acceptance.
3.2. A binding contract is formed when the Client accepts the Quotation in writing (including email) or makes the initial deposit payment.
3.3. Any changes to the scope of work after acceptance will require a new quotation or written amendment, which may affect pricing and timelines.
4. PAYMENT TERMS AND CONDITIONS
4.1. Project-Based Services:
- 4.1.1. A non-refundable deposit of fifty percent (50%) of the total Project fee is due before work commences;
- 4.1.2. The remaining fifty percent (50%) balance is payable upon completion of the Project and before final delivery of Deliverables;
- 4.1.3. For Projects exceeding R50,000, alternative milestone-based payment schedules may be agreed in writing;
- 4.1.4. Iron Web reserves the right to withhold delivery of Deliverables, source files, passwords, and access credentials until full payment is received.
4.2. Hosting and Recurring Services:
- 4.2.1. Hosting fees are payable annually in advance unless otherwise agreed in writing;
- 4.2.2. Maintenance packages and recurring services are invoiced monthly or annually as per the service agreement;
- 4.2.3. Renewal invoices will be issued thirty (30) days before the renewal date;
- 4.2.4. Failure to pay hosting or maintenance fees may result in service suspension or termination.
4.3. Payment Methods:
- Electronic Funds Transfer (EFT) to our designated bank account;
- Credit/Debit card payments (processing fees may apply);
- Other payment methods as agreed in writing.
4.4. Late Payments:
- 4.4.1. Invoices are due within seven (7) business days of the invoice date unless otherwise specified;
- 4.4.2. Late payments will incur interest at the prescribed rate under the Prescribed Rate of Interest Act 55 of 1975 (currently repo rate plus 3.5% per annum);
- 4.4.3. Iron Web reserves the right to suspend all services until outstanding amounts are paid in full;
- 4.4.4. The Client will be liable for all collection costs, including reasonable attorney fees.
4.5. All prices quoted are in South African Rand (ZAR) unless otherwise specified.
4.6. Iron Web reserves the right to increase prices annually in line with the Consumer Price Index (CPI) or other economic indicators, with thirty (30) days written notice to existing clients.
5. CLIENT OBLIGATIONS AND RESPONSIBILITIES
5.1. The Client agrees to:
- 5.1.1. Provide timely, accurate, and complete information, content, materials, and feedback necessary for the Project;
- 5.1.2. Respond to communications, approval requests, and queries within five (5) business days, or such other period as agreed;
- 5.1.3. Ensure that all Client Content provided is accurate, lawful, and does not infringe any third-party rights;
- 5.1.4. Obtain all necessary permissions, licenses, and consents for content, images, logos, trademarks, and materials provided;
- 5.1.5. Maintain the confidentiality and security of all login credentials, passwords, and access information;
- 5.1.6. Ensure that the Website is used in compliance with all applicable laws, regulations, and these Terms;
- 5.1.7. Not use the Website for any illegal, fraudulent, defamatory, or harmful purposes;
- 5.1.8. Maintain current and valid payment information;
- 5.1.9. Regularly backup their own data and content;
- 5.1.10. Notify Iron Web immediately of any security breaches or unauthorized access.
5.2. Delays caused by the Client's failure to meet obligations may result in extended project timelines without penalty to Iron Web.
5.3. If the Client fails to respond to communications for thirty (30) consecutive days, Iron Web may suspend work or terminate the Agreement, with all fees paid to date being non-refundable.
6. PROJECT TIMELINE AND DELIVERY
6.1. All project timelines and completion dates are estimates only and are subject to:
- Timely receipt of all required materials and information from the Client;
- Timely approval and feedback from the Client;
- The complexity and scope of the Project;
- Availability of third-party services or resources;
- Force majeure events.
6.2. Iron Web will use reasonable efforts to meet estimated timelines but does not guarantee completion by any specific date unless expressly agreed in writing with liquidated damages provisions.
6.3. Time is not of the essence unless expressly stated in writing.
6.4. The Client acknowledges that delays in providing feedback, approvals, or materials will extend the project timeline proportionally.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Client Content:
- 7.1.1. The Client retains all Intellectual Property Rights in Client Content;
- 7.1.2. The Client grants Iron Web a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content solely for the purpose of providing the Services;
- 7.1.3. The Client warrants that they own or have obtained all necessary rights, permissions, and consents to use all Client Content.
7.2. Deliverables:
- 7.2.1. Upon receipt of full payment, Iron Web grants the Client a non-exclusive, perpetual license to use the Deliverables for their business purposes;
- 7.2.2. Iron Web retains ownership of all custom code, frameworks, methodologies, tools, templates, and proprietary systems developed;
- 7.2.3. The Client may not resell, redistribute, or commercially exploit the Deliverables except as expressly permitted;
- 7.2.4. Iron Web may reuse general design concepts, coding techniques, and methodologies in other projects.
7.3. Third-Party Components:
- 7.3.1. Third-party software, plugins, themes, stock images, fonts, and other assets remain the property of their respective owners;
- 7.3.2. The Client is responsible for compliance with all third-party licenses and terms of use;
- 7.3.3. Iron Web may use open-source software and libraries subject to their respective licenses.
7.4. Portfolio Rights:
- 7.4.1. Iron Web reserves the right to showcase completed Projects in our portfolio, website, marketing materials, and case studies;
- 7.4.2. Confidential projects may be excluded from the portfolio upon written request;
- 7.4.3. Iron Web may include a discreet credit link in the Website footer unless otherwise agreed.
7.5. Infringement:
- 7.5.1. If the Client becomes aware of any infringement of Intellectual Property Rights, they must notify Iron Web immediately;
- 7.5.2. The Client indemnifies Iron Web against all claims arising from the use of Client Content that infringes third-party rights.
7A. MULTI-TENANT PLATFORM AND INTELLECTUAL PROPERTY PROTECTION
IMPORTANT NOTICE: This section applies specifically to Clients utilizing Iron Web's multi-tenant web hosting platform for website management and hosting services. The provisions herein clarify ownership rights, platform licensing, and data portability.
7A.1. Platform Ownership and Structure:
- 7A.1.1. Iron Web operates a proprietary multi-tenant platform ("the Platform") built on Django framework and custom architecture;
- 7A.1.2. The Platform, including all underlying code, database schema, custom features, administrative interfaces, and technical architecture, is the exclusive intellectual property of Iron Web (Pty) Ltd;
- 7A.1.3. The Platform enables Iron Web to efficiently manage multiple client websites from a centralized system;
- 7A.1.4. Clients receive access to specific features and functionality through the Platform but do not acquire ownership of or rights to the Platform itself.
7A.2. Clear Division of Ownership:
(a) What the CLIENT OWNS:
- Original Content: All text, descriptions, business information, product details, blog posts, and written materials created by or for the Client;
- Media Assets: Uploaded images, logos, videos, documents, and other media files provided by the Client;
- Brand Identity: Business name, branding, trademarks, and commercial identity;
- Domain Name: The Client's registered domain name and associated DNS records;
- Business Data: Customer information, order data, analytics, and business intelligence derived from the Client's operations;
- Contact Information: Email addresses, phone numbers, social media links, and contact details;
- Static Export (Upon Termination): The right to receive a static HTML/CSS export of their content as detailed in Section 7A.6.
(b) What IRON WEB OWNS (Protected Intellectual Property):
- Platform Software: The entire Django-based multi-tenant application, codebase, and architecture;
- Database Schema: Database structure, models, relationships, and optimization strategies;
- Admin Dashboard: The centralized management interface used by Iron Web to manage client sites;
- Custom Features: Proprietary functionality including but not limited to:
- Luna AI chatbot system and natural language processing integration;
- Dynamic form builders and validation systems;
- User authentication and authorization frameworks;
- Content management workflows;
- Email notification systems and signal handlers;
- Payment processing integration logic;
- SEO optimization tools and metadata management;
- Performance monitoring and analytics systems;
- Security features including rate limiting, CSRF protection, and encryption;
- API integrations and middleware components.
- Server Infrastructure: Docker configurations, deployment pipelines, load balancing, caching strategies;
- Proprietary Methodologies: Development workflows, quality assurance processes, and technical documentation;
- Backend Functionality: All server-side processing, business logic, and dynamic content generation;
- Multi-Tenant Architecture: Domain detection systems, client isolation mechanisms, and resource allocation logic.
7A.3. Platform License (Not Ownership):
- 7A.3.1. The Client is granted a revocable, non-exclusive, non-transferable license to use the Platform for the duration of their active subscription;
- 7A.3.2. This license permits the Client to:
- Access and use the Platform features included in their service plan;
- Manage their content through provided interfaces;
- View analytics and reports generated by the Platform;
- Utilize custom features as configured for their account.
- 7A.3.3. The Client explicitly acknowledges that they do NOT receive:
- Source code access to the Platform;
- Rights to modify, reverse-engineer, or decompile the Platform;
- Ownership of any proprietary systems or custom features;
- Database access or direct server access;
- Rights to sublicense or redistribute Platform functionality;
- Access to Iron Web's administrative tools or backend systems.
- 7A.3.4. This license terminates immediately upon service termination or non-payment.
7A.4. Prohibited Activities:
- 7A.4.1. The Client expressly agrees NOT to:
- Attempt to access, copy, or extract the Platform's source code;
- Reverse engineer, decompile, or disassemble any Platform components;
- Circumvent security measures or authentication systems;
- Create derivative works based on the Platform;
- Use automated tools to scrape or extract database structure;
- Share login credentials or access with unauthorized third parties;
- Attempt to replicate Platform functionality for commercial purposes;
- Remove, obscure, or alter any proprietary notices or credits.
- 7A.4.2. Violation of these prohibitions constitutes a material breach and may result in immediate service termination and legal action.
7A.5. Data Portability and Backups:
- 7A.5.1. Clients may export their content at any time through provided export tools;
- 7A.5.2. Iron Web provides automated backups for disaster recovery purposes only;
- 7A.5.3. Backups do not include Platform code, only Client Content and media;
- 7A.5.4. The Client is strongly encouraged to maintain independent backups of critical data;
- 7A.5.5. Upon request and payment of applicable fees, Iron Web may provide database exports in standard formats (JSON, CSV, SQL dump of client-specific data only).
7A.6. Service Termination and Content Export:
Critical Information: Upon service termination or non-renewal, Clients receive ONLY their content in static format. All dynamic functionality, backend systems, and Platform features cease to operate.
- 7A.6.1. What Clients Receive Upon Termination:
- Static HTML Export: Basic HTML pages containing the Client's published content;
- Basic CSS Styling: Simple stylesheet for content presentation;
- Media Files: All uploaded images, documents, and media assets;
- Content Data: Text content, product descriptions, blog posts in HTML format;
- README Documentation: Instructions and limitations of the export package.
- 7A.6.2. What is NOT Included in Export:
- Backend Functionality: No Django application, Python code, or server-side logic;
- Database Systems: No database schema, structure, or dynamic data generation;
- Interactive Features: No contact forms, user authentication, shopping carts, or dynamic functionality;
- Custom Features: Luna AI, chatbots, advanced analytics, and proprietary tools are excluded;
- Admin Panel: No content management system or administrative interface;
- API Integrations: No payment processing, email systems, or third-party integrations;
- Platform Code: Absolutely no access to Iron Web's proprietary systems, frameworks, or custom code.
- 7A.6.3. Export Delivery:
- Static exports are provided as a ZIP file download;
- Export generation may take 1-3 business days depending on content volume;
- Standard export is included at no additional charge;
- Enhanced export services (additional formatting, conversion assistance) may incur fees;
- Exports are available for download for 30 days after generation.
- 7A.6.4. Post-Export Support:
- Iron Web provides the export "as-is" without warranties;
- The Client is responsible for hosting, deploying, and maintaining the exported content elsewhere;
- Rebuilding dynamic functionality requires engaging a web developer;
- Iron Web is available for re-development consulting at standard rates (optional);
- No technical support is provided for exported static content.
7A.7. Re-Platforming and Migration:
- 7A.7.1. If the Client wishes to rebuild their website on another platform:
- They may use the static export as a reference for content;
- They will need to hire developers to rebuild all functionality from scratch;
- Iron Web is not obligated to provide technical specifications or documentation;
- Any similarity in functionality must be independently developed without using Iron Web's code;
- Migration consulting services are available at market rates (optional).
- 7A.7.2. Reverse migration (returning to Iron Web):
- Clients may return to Iron Web's platform subject to availability and current pricing;
- Re-onboarding may be treated as a new project with setup fees;
- Historical data and configurations are not guaranteed to be preserved;
- Previous subscription rates do not automatically apply.
7A.8. Subscription Model and Pricing:
- 7A.8.1. Multi-tenant platform services operate on a subscription basis with the following structure:
- Setup Fee: One-time fee covering initial website development, configuration, and onboarding;
- Monthly Hosting Fee: Recurring fee for platform access, hosting, maintenance, and support;
- Optional Services: Premium features, advanced analytics, priority support (additional costs);
- Export Fee (If Applicable): Enhanced export services beyond standard static export.
- 7A.8.2. Setup fees are non-refundable as they compensate for custom development work;
- 7A.8.3. Monthly fees are billed in advance and cover the license to use the Platform;
- 7A.8.4. Failure to pay monthly fees results in service suspension and eventual termination;
- 7A.8.5. Iron Web reserves the right to adjust pricing annually with 60 days' notice to existing clients.
7A.9. Legal Protection and Enforcement:
- 7A.9.1. Iron Web's intellectual property rights are protected by:
- South African copyright law (Copyright Act 98 of 1978);
- International intellectual property treaties and conventions;
- Trade secret protections for proprietary methodologies;
- Contractual obligations detailed in these Terms.
- 7A.9.2. Unauthorized use, copying, or exploitation of Iron Web's intellectual property will result in:
- Immediate service termination;
- Legal action for copyright infringement;
- Claims for damages and lost profits;
- Recovery of legal costs and attorney fees.
- 7A.9.3. The Client acknowledges that Iron Web has invested significant resources in developing the Platform and agrees to respect these intellectual property rights.
7A.10. Acknowledgment and Agreement:
By accepting these Terms, the Client explicitly acknowledges and agrees that:
- ✅ They are licensing platform access, NOT purchasing ownership;
- ✅ Iron Web retains all rights to the Platform, code, and proprietary systems;
- ✅ They own their content but not the system that delivers it;
- ✅ Upon termination, they receive only a basic static export;
- ✅ Rebuilding functionality elsewhere requires independent development;
- ✅ They will not attempt to copy, reverse-engineer, or exploit Iron Web's IP;
- ✅ Monthly fees compensate for platform licensing, not content ownership;
- ✅ This structure protects Iron Web's business while ensuring fair content access.
8. REVISIONS, CHANGES, AND SCOPE CREEP
8.1. The Quotation specifies the number of revision rounds included in the Project fee (typically 2-3 rounds);
8.2. Revisions must be requested within the revision rounds and must relate to the original scope of work;
8.3. Additional revisions beyond the agreed number will be charged at our standard hourly rate or as quoted;
8.4. Major changes to the Project scope, functionality, or design direction constitute a change order and will require:
- A written change request from the Client;
- A new quotation or amendment from Iron Web;
- Written acceptance by the Client;
- Additional payment as specified;
- Revised timeline for completion.
8.5. All change requests must be submitted in writing (email is acceptable);
8.6. Iron Web reserves the right to decline change requests that significantly alter the original scope or are not feasible;
8.7. Minor bug fixes and corrections within the warranty period (clause 10) are not considered revisions.
9. WEBSITE HOSTING SERVICES
9.1. Uptime Guarantee:
- 9.1.1. Iron Web guarantees 99.9% uptime for Hosting Services, excluding scheduled maintenance;
- 9.1.2. Scheduled maintenance will be performed during off-peak hours with advance notice where practical;
- 9.1.3. Uptime is measured on a monthly basis and excludes downtime caused by factors beyond Iron Web's reasonable control.
9.2. Backups:
- 9.2.1. Iron Web performs regular automated backups of hosted websites;
- 9.2.2. Backups are for disaster recovery purposes and are not guaranteed to be error-free or complete;
- 9.2.3. The Client is strongly encouraged to maintain their own independent backups;
- 9.2.4. Backup restoration services may incur additional fees depending on complexity.
9.3. Resource Limits:
- 9.3.1. Hosting packages include specified storage space, bandwidth, and resource allocations;
- 9.3.2. Exceeding resource limits may result in additional charges or service degradation;
- 9.3.3. Iron Web may suspend or throttle services that cause excessive load or disruption to server performance.
9.4. Acceptable Use:
- 9.4.1. The Client must not use Hosting Services for:
- Illegal activities or content;
- Distribution of malware, viruses, or harmful code;
- Spam, phishing, or unsolicited bulk email;
- Adult or explicit content (unless expressly agreed);
- Copyright infringement or piracy;
- Cryptocurrency mining;
- Proxy or VPN services;
- Any activity that violates South African law.
- 9.4.2. Violation of acceptable use policies may result in immediate suspension or termination without refund.
9.5. Security:
- 9.5.1. Iron Web implements reasonable security measures including firewalls, SSL certificates, and malware scanning;
- 9.5.2. The Client is responsible for maintaining the security of their login credentials;
- 9.5.3. Iron Web is not liable for security breaches caused by Client actions or third-party vulnerabilities.
9.6. Domain Names:
- 9.6.1. Domain registration and renewal are separate services and may incur additional fees;
- 9.6.2. The Client is responsible for timely renewal of domain registrations;
- 9.6.3. Iron Web is not liable for loss of domain names due to non-renewal or expiry;
- 9.6.4. Domain ownership remains with the registered owner as per registry policies.
9.7. Email Services:
- Email hosting includes reasonable storage and anti-spam protection;
- Email deliverability is not guaranteed due to factors beyond our control;
- The Client must comply with anti-spam laws and regulations.
9.8. Service Suspension:
- Hosting Services may be suspended for non-payment, policy violations, or legal requirements;
- Iron Web will provide notice before suspension except in cases of serious breach or emergency;
- Suspended services may be reactivated upon payment of outstanding fees plus reactivation charges.
10. WARRANTIES AND DISCLAIMERS
10.1. Limited Warranty:
- 10.1.1. Iron Web warrants that Services will be performed with reasonable skill and care in accordance with industry standards;
- 10.1.2. Websites will be tested for basic functionality, cross-browser compatibility (latest versions of major browsers), and responsive design on common devices before delivery;
- 10.1.3. Code will be free from known malicious software or security vulnerabilities at the time of delivery;
- 10.1.4. The warranty period for newly developed websites is thirty (30) days from the date of final delivery.
10.2. Warranty Limitations:
- 10.2.1. The warranty does not cover:
- Issues caused by Client modifications or third-party interventions;
- Compatibility with future browser, device, or software updates;
- Third-party plugins, themes, or services;
- Force majeure events or factors beyond Iron Web's control;
- Normal wear and tear or degradation over time.
- 10.2.2. To claim under warranty, the Client must provide clear written notice of defects during the warranty period;
- 10.2.3. Iron Web's sole obligation under warranty is to correct material defects at no additional charge.
10.3. Disclaimers:
- 10.3.1. Iron Web does NOT warrant or guarantee:
- Specific search engine rankings, traffic levels, conversion rates, or business results;
- That the Website will be error-free, uninterrupted, or secure at all times;
- Compatibility with all browsers, devices, operating systems, or assistive technologies;
- That the Website will meet all regulatory or accessibility requirements unless expressly contracted;
- The performance or reliability of third-party services or integrations.
- 10.3.2. Except as expressly stated, all Services are provided "as is" and "as available" without warranties of any kind, either express or implied;
- 10.3.3. Iron Web disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.
11. LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by South African law, including the CPA:
- 11.1.1. Iron Web's total aggregate liability for any and all claims arising from or related to the Services, whether in contract, delict (tort), or otherwise, shall be limited to the total fees actually paid by the Client to Iron Web in the twelve (12) months preceding the event giving rise to liability;
- 11.1.2. For project-based work, liability is limited to the total Project fee paid;
- 11.1.3. For recurring services, liability is limited to twelve (12) months of service fees.
11.2. Iron Web shall not be liable for any:
- Indirect, incidental, consequential, special, punitive, or exemplary damages;
- Loss of profits, revenue, business opportunities, goodwill, or anticipated savings;
- Loss of data, information, or corruption of data;
- Business interruption or downtime;
- Cost of procurement of substitute services;
- Claims by third parties.
11.3. The above limitations apply even if Iron Web has been advised of the possibility of such damages;
11.4. These limitations shall apply to the fullest extent permitted by law, but shall not limit liability for:
- Death or personal injury caused by negligence;
- Fraud or fraudulent misrepresentation;
- Gross negligence or willful misconduct;
- Any other liability that cannot be excluded by law.
11.5. The Client acknowledges that the fees charged reflect the allocation of risk set forth in these Terms and that Iron Web would not provide the Services without these limitations.
12. INDEMNIFICATION
12.1. The Client agrees to indemnify, defend, and hold harmless Iron Web, its directors, officers, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- 12.1.1. Client Content provided to Iron Web;
- 12.1.2. The Client's use of the Website or Services;
- 12.1.3. Breach of these Terms and Conditions by the Client;
- 12.1.4. Infringement of any third-party Intellectual Property Rights by Client Content;
- 12.1.5. Violation of any applicable laws or regulations by the Client;
- 12.1.6. Any modifications made to the Website by the Client or third parties after delivery.
12.2. This indemnification obligation survives termination of the Agreement.
13. TERMINATION
13.1. Termination by Either Party:
- 13.1.1. Either party may terminate ongoing Services (not project-based work) by providing thirty (30) days' written notice to the other party;
- 13.1.2. Termination does not affect obligations that have already accrued or the right to claim damages.
13.2. Termination by Iron Web:
- 13.2.1. Iron Web may terminate the Agreement immediately upon written notice if:
- The Client breaches any material term of these Terms and fails to remedy within seven (7) days of written notice;
- The Client fails to pay any invoice within fourteen (14) days of the due date;
- The Client engages in fraudulent, illegal, or abusive conduct;
- The Client becomes insolvent, enters business rescue, or is liquidated;
- The Client violates acceptable use policies;
- Continuation of Services would violate law or regulation.
13.3. Termination by Client:
- 13.3.1. The Client may terminate the Agreement immediately if Iron Web breaches any material term and fails to remedy within fourteen (14) days of written notice;
- 13.3.2. For project-based work, early termination by the Client does not entitle the Client to a refund of amounts already paid.
13.4. Effects of Termination:
- 13.4.1. Upon termination:
- The Client must pay all outstanding fees and charges up to the termination date;
- Iron Web will cease all work immediately;
- Hosting Services will be suspended or terminated;
- Iron Web may delete Client data and files after thirty (30) days;
- All licenses granted under these Terms terminate except as expressly stated;
- Completed and paid-for Deliverables will be provided to the Client.
- 13.4.2. The Client is responsible for migrating their Website and data before termination of Hosting Services;
- 13.4.3. No refunds will be provided for prepaid hosting, maintenance, or completed work;
- 13.4.4. Termination does not affect clauses that are intended to survive, including indemnification, limitation of liability, intellectual property, confidentiality, and dispute resolution.
14. CONFIDENTIALITY AND DATA PROTECTION
14.1. Confidential Information:
- 14.1.1. Each party agrees to keep confidential all non-public information disclosed by the other party;
- 14.1.2. Confidential information includes business information, trade secrets, technical data, customer lists, and financial information;
- 14.1.3. This obligation continues for five (5) years after termination of the Agreement.
14.2. POPIA Compliance:
- 14.2.1. Iron Web processes personal information in accordance with POPIA and our Privacy Policy;
- 14.2.2. The Client consents to Iron Web processing their personal information for the purposes of providing the Services;
- 14.2.3. Where Iron Web processes personal information on behalf of the Client, Iron Web acts as an operator and the Client acts as the responsible party;
- 14.2.4. The Client warrants that they have obtained all necessary consents for personal information provided to Iron Web;
- 14.2.5. Iron Web implements reasonable technical and organizational measures to protect personal information;
- 14.2.6. Data breaches will be reported to affected parties as required by POPIA.
14.3. Exceptions:
- Confidentiality obligations do not apply to information that:
- Was publicly known at the time of disclosure;
- Becomes publicly known through no breach by the receiving party;
- Is independently developed by the receiving party;
- Must be disclosed by law or court order (with notice to the disclosing party where possible).
15. SUPPORT AND MAINTENANCE
15.1. Post-launch support is provided according to the service package agreed in the Quotation;
15.2. Standard support typically includes:
- Email support during business hours (Monday-Friday, 09:00-17:00 SAST);
- Bug fixes and error corrections within the warranty period;
- Basic content updates (subject to limitations);
- Security updates for core website software.
15.3. Extended support and maintenance packages are available separately and may include:
- Priority support with faster response times;
- Regular content updates;
- Performance monitoring and optimization;
- SEO maintenance;
- Monthly reporting and analytics;
- Proactive security monitoring.
15.4. Response times vary based on the service level agreement:
- Critical issues: 4-8 business hours;
- High priority: 1-2 business days;
- Normal priority: 3-5 business days;
- Low priority: 5-10 business days.
15.5. Emergency support outside business hours may be available at premium rates;
15.6. Support does not include major redesigns, new feature development, or extensive content creation;
15.7. The Client must provide remote access and necessary information to enable support services.
16. THIRD-PARTY SERVICES AND INTEGRATIONS
16.1. Websites may integrate third-party services including but not limited to:
- Payment gateways (PayPal, Stripe, PayFast, etc.);
- Analytics platforms (Google Analytics, etc.);
- Social media platforms;
- Email marketing services;
- CRM systems;
- APIs and web services;
- CDNs and performance services;
- Security services.
16.2. Iron Web is not responsible for:
- 16.2.1. The operation, availability, security, or performance of third-party services;
- 16.2.2. Changes to third-party APIs, terms of service, or pricing;
- 16.2.3. Data privacy practices of third-party services;
- 16.2.4. Compliance of third-party services with applicable laws;
- 16.2.5. Costs associated with third-party services (these are the Client's responsibility).
16.3. The Client is responsible for:
- Creating accounts with third-party services;
- Agreeing to third-party terms of service;
- Paying fees for third-party services;
- Complying with third-party requirements and policies.
16.4. If a third-party service becomes unavailable or incompatible, Iron Web may propose alternatives but is not obligated to provide replacements at no charge.
17. FORCE MAJEURE
17.1. Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control, including but not limited to:
- Acts of God, natural disasters, floods, fires, earthquakes;
- War, terrorism, civil unrest, riots;
- Epidemics, pandemics, public health emergencies;
- Government actions, regulations, or restrictions;
- Internet outages or telecommunications failures;
- Power outages or utility failures;
- Strikes or labor disputes (not involving the party's own employees);
- Cyberattacks, DDoS attacks, or network intrusions;
- Failure of third-party suppliers or services.
17.2. The affected party must notify the other party promptly and use reasonable efforts to mitigate the effects;
17.3. If force majeure continues for more than sixty (60) days, either party may terminate the Agreement without penalty;
17.4. Force majeure does not excuse payment obligations for Services already rendered.
18. CONSUMER PROTECTION ACT (CPA) DISCLOSURE
18.1. In compliance with the Consumer Protection Act 68 of 2008:
- 18.1.1. Iron Web's legal name: Iron Web (Pty) Ltd;
- 18.1.2. Registration number: [To be registered - currently sole proprietor];
- 18.1.3. Physical address: [Insert physical address];
- 18.1.4. Contact details: Email: info@ironweb.co.za | Phone: (+27) 65 943 6629;
- 18.1.5. These Terms and Conditions are available in English;
- 18.1.6. Services are delivered electronically and/or on-site as specified;
- 18.1.7. Complaints may be directed to info@ironweb.co.za;
- 18.1.8. Alternative dispute resolution mechanisms are available (see clause 20).
18.2. Cooling-Off Period:
- 18.2.1. For distance contracts, Clients may have a cooling-off period as prescribed by the CPA;
- 18.2.2. However, where work has commenced with the Client's express consent, the cooling-off period does not apply;
- 18.2.3. Custom development work is specifically excluded from cooling-off rights as it is tailored to the Client's specifications.
18.3. Nothing in these Terms excludes or limits rights conferred by the CPA that cannot be excluded or limited by agreement.
19. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (ECTA)
19.1. These Terms comply with the Electronic Communications and Transactions Act 25 of 2002;
19.2. The Client consents to conducting transactions electronically;
19.3. Electronic signatures, including typed names in emails, are deemed valid and binding;
19.4. Electronic communications between the parties are deemed to be in writing;
19.5. Electronic records will be admissible as evidence;
19.6. The Client acknowledges receiving these Terms electronically and has the ability to store and print them;
19.7. Email communications are deemed received:
- When they enter the recipient's information system, or
- When retrieved by the recipient if sent to a different information system than the designated one.
20. DISPUTE RESOLUTION AND GOVERNING LAW
20.1. Governing Law:
- 20.1.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa;
- 20.1.2. The parties consent to the jurisdiction of the Magistrate's Court or High Court of South Africa as appropriate.
20.2. Dispute Resolution:
- 20.2.1. In the event of any dispute arising from these Terms, the parties agree to first attempt resolution through good faith negotiations;
- 20.2.2. If negotiations fail within thirty (30) days, either party may refer the dispute to mediation;
- 20.2.3. Mediation shall be conducted by a mutually agreed mediator or through the Arbitration Foundation of Southern Africa (AFSA);
- 20.2.4. Each party shall bear their own costs of mediation;
- 20.2.5. If mediation fails within sixty (60) days, either party may proceed to arbitration or litigation;
- 20.2.6. Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
20.3. Arbitration:
- Arbitration shall be conducted in accordance with the rules of AFSA;
- The arbitration shall be held in Johannesburg, South Africa (or another mutually agreed location);
- The arbitrator's decision shall be final and binding;
- The costs of arbitration shall be borne as determined by the arbitrator.
20.4. Legal Costs:
- The prevailing party in any legal proceedings shall be entitled to recover reasonable attorney-client costs and disbursements.
21. GENERAL PROVISIONS
21.1. Entire Agreement:
- These Terms, together with the Quotation and any written amendments, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements;
- No oral representations or modifications are binding unless reduced to writing and signed by both parties.
21.2. Amendments:
- 21.2.1. Iron Web reserves the right to modify these Terms at any time;
- 21.2.2. Material changes will be communicated to existing Clients by email at least thirty (30) days before taking effect;
- 21.2.3. Continued use of Services after changes constitutes acceptance of the revised Terms;
- 21.2.4. If the Client does not agree to changes, they may terminate the Agreement within the notice period.
21.3. Severability:
- If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect;
- The invalid provision shall be replaced with a valid provision that most closely reflects the parties' intentions.
21.4. Waiver:
- No waiver of any breach of these Terms constitutes a waiver of any other breach;
- Failure to enforce any right does not constitute a waiver of that right.
21.5. Assignment:
- 21.5.1. The Client may not assign or transfer their rights or obligations without Iron Web's prior written consent;
- 21.5.2. Iron Web may assign these Terms to any affiliate or successor entity with notice to the Client.
21.6. Relationship:
- Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties;
- Iron Web is an independent contractor.
21.7. Notices:
- 21.7.1. All notices must be in writing and sent to the addresses specified in the Agreement;
- 21.7.2. Email to the last known email address is acceptable for routine communications;
- 21.7.3. Formal notices (termination, breach, etc.) should be sent by registered mail or email with confirmation;
- 21.7.4. Notices are deemed received:
- If by hand: on delivery;
- If by registered mail: five (5) business days after posting;
- If by email: when sent, unless the sender receives a delivery failure notification.
21.8. Survival:
- Clauses relating to payment, intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, shall survive termination of the Agreement.
21.9. Language:
- These Terms are drafted in English. If translated, the English version shall prevail in case of conflict.
21.10. No Third-Party Beneficiaries:
- These Terms are for the benefit of the parties only and do not confer rights on any third parties.
22. ACCEPTANCE AND ACKNOWLEDGMENT
22.1. By engaging Iron Web's Services, making a payment, or signing a Quotation, the Client acknowledges that they:
- Have read and understood these Terms and Conditions in their entirety;
- Agree to be legally bound by these Terms and Conditions;
- Have had the opportunity to seek independent legal advice;
- Understand their rights and obligations;
- Acknowledge the limitations of liability and disclaimers;
- Consent to electronic communications and transactions;
- Agree to the processing of personal information as described.
23. CONTACT INFORMATION AND COMPLAINTS
23.1. For all inquiries, support requests, or complaints regarding these Terms & Conditions or our Services, please contact us:
23.2. Complaints Procedure:
- 23.2.1. Complaints should be submitted in writing to info@ironweb.co.za;
- 23.2.2. We will acknowledge receipt of complaints within two (2) business days;
- 23.2.3. We will investigate and respond to complaints within ten (10) business days;
- 23.2.4. If you are not satisfied with our response, you may escalate to alternative dispute resolution mechanisms or regulatory authorities.
23.3. Regulatory Bodies:
- For consumer complaints: National Consumer Commission (www.thencc.gov.za)
- For data protection issues: Information Regulator of South Africa (www.justice.gov.za/inforeg)
LEGAL ACKNOWLEDGMENT
These Terms and Conditions constitute a legally binding agreement. By using Iron Web's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any provision, you must not use our services.
These Terms were last reviewed and updated by legal counsel to ensure compliance with South African law including POPIA, CPA, ECTA, and industry best practices.
Document Version: 2.0 | Effective Date: December 23, 2025