Terms of Service

01 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "Customer", or "User") and W10 (Pty) Ltd ("W10", "we", "us", or "our"), a company registered in the Republic of South Africa with registration number 2025/000000/07.

By creating an account, clicking "I agree", or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Refund Policy.

You must be at least 18 years old (or have the consent of a legal guardian) to use our services.

02 Definitions

• "Services" — website design, domain registration, hosting, maintenance, and related offerings provided by W10.
• "Website" — the site we design, build, and host for you.
• "Domain" — the internet address (e.g. yourname.co.za) registered on your behalf.
• "Subscription" — your recurring monthly payment plan for ongoing hosting and maintenance.
• "Content" — all text, images, videos, files, and materials on your website.
• "Customer Data" — personal and business information you provide to us.
• "Business Day" — Monday to Friday, excluding South African public holidays.

03 Our Services

W10 provides the following services:

• Free website design and build — a mobile-friendly, custom-built website for your business.
• Domain registration — registration and management of a domain name on your behalf.
• Hosting — secure SSD hosting on our servers in South Africa, with SSL and daily backups.
• Maintenance — ongoing updates, security patches, backups, and small content changes.
• Support — email and ticket-based support during business hours.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. If we discontinue a paid service, we will refund any unused prepaid fees on a pro-rata basis.

04 Pricing & Payments

First Month (New Website Launch)

From Month 2 Onward

Payment Terms

• All prices are quoted in South African Rand (ZAR) and include VAT where applicable at the current rate of 15%.
• Invoices are issued on the 1st of each month and are due within 7 days unless otherwise stated.
• You may pay by EFT (bank transfer), card, or any payment method we make available.
• For EFT payments, you must use the exact reference we provide. Payment must be made to the bank account shown on your invoice or checkout page.
• Payments are considered received only when they reflect as cleared funds in our bank account.

05 Free Website Offer

Our "free website" offer means that the design, build, and setup of your website is free. You only pay for the domain registration and the recurring hosting & maintenance fees.

Specific terms:

• The free website build is limited to one website per customer per active subscription.
• The free website includes a standard template design with up to 5 pages (Home, About, Services, Contact, and one additional page). Additional pages or custom design work may be quoted separately.
• You must provide all content (text, images, logo) within 14 days of signing up. Delays in providing content may delay your launch.
• We aim to launch your website within 48 hours of receiving all content and confirming payment. This is a target, not a guaranteed deadline.
• The free website is licensed to you, not sold. Ownership of the design remains with W10 until you complete a full transfer (see Section 11).
• You must keep your subscription active to continue using the website and hosting.

06 Domain Registration

• We register your chosen domain in your name. You are the legal registrant.
• Domain registration is valid for 12 months from the date of registration and must be renewed annually at our then-current fee (currently R200/year).
• You are responsible for ensuring that your domain name does not infringe on any third party's trademark or rights.
• If a domain name becomes subject to a legal dispute, we may suspend the domain until the dispute is resolved.
• If you do not renew a domain, it may be released for registration by others. We are not liable for any loss of domain name due to non-renewal.
• Auto-renewal is enabled by default. You may disable it in your account settings at any time.
• You cannot transfer a domain to another registrar within 60 days of registration, per ICANN and registry rules.

07 Hosting Services

• Hosting is provided on our servers located in South Africa on a shared infrastructure.
• We aim for 99.9% uptime, excluding scheduled maintenance. We will give at least 24 hours' notice of scheduled maintenance where practical.
• Hosting includes 5 GB disk space and reasonable monthly bandwidth. Excessive usage (e.g. serving large files, video streaming, or running high-traffic applications) may be throttled or require an upgraded plan.
• You may not use the hosting service for:
  • Illegal activities, including but not limited to fraud, scams, phishing, or malware distribution.
  • Sending spam or unsolicited bulk email.
  • Hosting adult content, gambling, or anything prohibited by South African law.
  • Cryptocurrency mining, torrent hosting, or other resource-intensive non-website activities.
  • Multi-Level Marketing (MLM) schemes that are unlawful under the Consumer Protection Act or the National Credit Act.
• We may suspend or terminate hosting immediately, without refund, if you violate these rules.

08 Maintenance Services

Your subscription includes ongoing maintenance, which covers:

• Software updates — CMS, plugin, and security patches applied regularly.
• Daily backups — retained for a rolling 30-day window.
• Security monitoring — malware scanning, firewall rules, and threat mitigation.
• Uptime monitoring — 24/7 detection and alerting.
• Small content changes — up to 2 hours per month of content edits (text, images, minor layout adjustments).

Maintenance does not include:

• Redesigns or major structural changes.
• New pages or features (quoted separately).
• Content creation (writing, photography, graphic design).
• Recovery from customer-caused issues (e.g. accidental deletion, malware due to weak passwords).

09 Suspension & Termination

By You (the Customer)

• You may cancel your subscription at any time via your dashboard or by contacting support.
• Cancellation takes effect at the end of your current billing period.
• Your website will be taken offline after the cancellation date.
• Your data and files are retained for 30 days after cancellation, during which you can request an export. After 30 days, data may be permanently deleted.

By Us (W10)

We may suspend or terminate your access immediately, without refund, if:

• You fail to pay any invoice within 3 days after the due date (grace period).
• You use the services for illegal, harmful, or abusive activity.
• You violate these Terms in a material way.
• You repeatedly abuse our support team or fail to cooperate.
• Required by law, court order, or a regulator.

Effect of Termination

• Your website will be taken offline.
• Your domain may be released if not renewed (see Section 6).
• Outstanding invoices remain payable.
• Any prepaid fees are non-refundable except as required by law or our Refund Policy.

10 Your Obligations

You agree to:

• Provide accurate, current, and complete information when signing up and keep it up to date.
• Keep your password confidential and secure and notify us immediately if you suspect unauthorised access.
• Provide all content (text, images, logos) that you own or have the right to use. You are responsible for copyright compliance.
• Ensure your website content complies with all applicable South African laws, including the Consumer Protection Act, POPIA, and any industry-specific regulations.
• Pay all invoices on time.
• Not attempt to reverse-engineer, decompile, copy, or resell our services or software.
• Not use the services to send spam or engage in any fraudulent or deceptive practices.

11 Intellectual Property

Our Intellectual Property

All software, design templates, code, graphics, and other materials we create or license remain the intellectual property of W10 or our licensors. We grant you a non-exclusive, non-transferable licence to use the website for the duration of your active subscription.

Your Content

You retain full ownership of all Content you provide (logos, images, text). By providing it, you grant us a licence to host, display, and process it as needed to deliver the Services.

Transfer on Cancellation

If you cancel and want to move your website elsewhere, you may request an export of your Content and Website Files. We will provide:

• Your Content (text, images, media) in standard formats.
• A static HTML/CSS export of your website (if feasible).
• Assistance transferring your domain to another registrar (subject to registry rules).

We may charge a reasonable export fee if the export requires substantial manual work, and we will disclose this before performing the work.

12 Privacy & POPIA

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy.

In summary:

• We collect only the information needed to provide the Services (name, email, phone, business details, payment info).
• We use your information to deliver the Services, communicate about your account, issue invoices, and meet legal obligations.
• We do not sell your personal information to third parties.
• We may share information with trusted service providers (payment processors, registrars, email providers) who help us deliver the Services and who are contractually bound to protect it.
• You have the right to access, correct, or delete your personal information, subject to legal retention requirements.
• You can lodge a complaint with the Information Regulator of South Africa.

13 Refunds

7-Day Money-Back Guarantee

If you are not satisfied with the Services for any reason within the first 7 days after your initial payment, you may request a full refund of the hosting fee (R300). The domain registration fee (R200) is non-refundable once the domain has been registered, as registration fees are paid to the registrar.

What Is Not Refundable

• Domain registration and renewal fees (paid to third-party registrars).
• Setup or design fees after work has commenced (though the design is free, if we've charged for custom work).
• Maintenance fees for months already completed.
• Add-on services (extra pages, custom integrations).
• Any service after the 7-day window, unless required by law.

How to Request a Refund

Email info@w10.co.za with your invoice number and reason. Refunds are processed within 5–10 business days to your original payment method or via EFT.

See our full Refund Policy for details.

14 Limitation of Liability

To the maximum extent permitted by South African law:

• Our services are provided "as is" and "as available". We do not warrant uninterrupted or error-free operation.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption.
• Our total liability to you for any claim arising from or related to these Terms or the Services is limited to the total amount you paid us in the 3 months preceding the event giving rise to the claim.
• We are not liable for:
  • Loss of domain names due to non-renewal.
  • Loss of data not covered by our backups (we recommend you keep your own backups).
  • Third-party service outages (registrars, payment processors, email providers).
  • Customer-caused issues (weak passwords, sharing credentials, accidental deletion).
  • Downtime due to factors beyond our reasonable control (see Section 16).

15 Warranties

We warrant that:

• We will perform the Services with reasonable skill and care, in accordance with industry standards.
• We have the right to provide the Services and are properly registered as a business in South Africa.
• We will comply with all applicable South African laws in delivering the Services.

We do not warrant that:

• Your website will be free from interruptions or errors.
• Your website will achieve any specific commercial result (rankings, traffic, sales).
• Third-party services (registrars, payment gateways) will operate without issues.

16 Force Majeure

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including but not limited to:

• Power outages, internet failures, or telecommunication disruptions.
• Load shedding (Eskom or municipal).
• Natural disasters, fires, floods, or pandemics.
• Cyber-attacks on our infrastructure or our upstream providers.
• Acts of government, war, civil unrest, or labour disputes.
• Failure of third-party service providers (registrars, hosting providers, payment processors).

If a force majeure event continues for more than 30 days, either party may terminate the agreement without penalty, and any prepaid fees for the unused period will be refunded.

17 Changes to Terms

We may update these Terms from time to time. When we do, we will:

• Update the "Last updated" date at the top of this page.
• Notify you by email or in-app notification at least 14 days before the changes take effect, unless the change is required urgently by law.

Continued use of the Services after the effective date means you accept the updated Terms. If you do not agree, you may cancel your subscription before the changes take effect.

18 Dispute Resolution

We hope to resolve any concerns informally. If you have a complaint:

1. Email us at info@w10.co.za with details and any supporting documents.
2. We will acknowledge your complaint within 2 business days and respond within 10 business days.
3. If we cannot resolve the matter informally within 30 days, either party may refer the dispute to mediation before an accredited South African mediator, with costs shared equally.
4. If mediation fails, the dispute may be resolved by arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA).

Nothing in this clause prevents either party from seeking urgent relief from a court of competent jurisdiction.

19 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings must be brought in the courts of Gauteng Province, unless the law requires otherwise.

The following South African legislation is relevant to these Terms:

• Consumer Protection Act 68 of 2008 (CPA)
• Protection of Personal Information Act 4 of 2013 (POPIA)
• Electronic Communications and Transactions Act 25 of 2002 (ECTA)
• Companies Act 71 of 2008

20 Contact Us

If you have questions about these Terms, please contact us: