Client Service Terms

1. Contract structure

The agreement consists of the accepted quotation/proposal or statement of work (“SOW”), these Client Service Terms, any applicable DPA, AUP and written variations agreed by authorised representatives. If there is a conflict, the SOW prevails for project-specific commercial terms, while the DPA prevails for personal-data processing obligations.

2. Scope and change control

WebGiant will provide the services and deliverables described in the SOW. Work outside scope, additional revisions, third-party integrations, content entry, data migration, emergency work or client-caused rework may be quoted separately. A material scope change must be approved in writing, including email or the agreed project system.

3. Client responsibilities

• Provide accurate requirements, content, credentials and approvals on time.
• Ensure it has lawful rights to all text, images, trademarks, databases and personal information supplied to WebGiant.
• Maintain secure control of credentials and notify WebGiant promptly of suspected compromise.
• Review and test deliverables before approval or launch, including legal/compliance content specific to the client’s own business.
• Maintain appropriate backups unless a WebGiant service expressly includes managed backup obligations.

4. Fees, deposits and payment

Fees, deposits, recurring charges, taxes and payment dates are stated in the SOW/invoice. Unless the SOW states otherwise, third-party licences, premium plugins, stock assets, gateways, domain fees and platform fees are additional or passed through. Overdue undisputed amounts may result in reasonable suspension after notice, subject to mandatory law.

5. Domains and third-party services

Domain registrations and third-party platforms are subject to registry/provider rules. Availability cannot be guaranteed until successfully registered or provisioned. The client is responsible for renewing third-party services unless WebGiant has expressly undertaken to manage the renewal as part of a paid service.

6. Hosting and email

Hosting and email services are subject to the Hosting Acceptable Use Policy and reasonable technical/resource limits. WebGiant may perform maintenance, security updates or emergency interventions. No service is guaranteed to be uninterrupted, and any uptime commitment must be expressly stated in the SOW or service-level agreement.

7. Intellectual property

Pre-existing WebGiant tools, reusable code, libraries, know-how, templates and third-party components remain the property of their respective owners. On full payment, the client receives the rights in custom deliverables stated in the SOW. Open-source and third-party components remain subject to their licences. WebGiant may retain general know-how and non-client-specific techniques learned during the project.

8. Confidentiality

Each party must protect the other party’s confidential information using reasonable care and use it only for the agreement. Confidentiality does not cover information that is lawfully public, already known without restriction, independently developed, or lawfully obtained from another source. Required legal disclosures are permitted subject to notice where lawful.

9. Personal information

Each party must comply with applicable privacy/data-protection law for the personal information for which it is responsible. Where WebGiant processes client personal information as a processor/operator, the Data Processing Agreement applies.

10. Security and support access

The client authorises WebGiant personnel and approved providers to access systems, accounts and data only as reasonably necessary to provide support, maintenance, migration, security and related services. Remote support may expose personal or confidential data; access should be time-limited and least-privilege where practical.

11. Suspension and abuse

WebGiant may suspend affected services where reasonably necessary to address malware, attacks, illegal activity, spam, material AUP violations, non-payment or a threat to WebGiant, other customers or third parties. Where circumstances allow, WebGiant will give notice and a reasonable opportunity to cure.

12. Warranties and professional standard

WebGiant will perform services with reasonable skill and care. Except for express commitments in the SOW and rights that cannot be excluded, no warranty is given that all software will be error-free, compatible with every third-party update, permanently secure or continuously available.

13. Limitation of liability

Subject to mandatory law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of opportunity or loss caused by third-party platforms outside that party’s reasonable control. Any contractual liability cap must be stated in the SOW or, if not stated, should be agreed before these terms are put into production. Nothing excludes liability that cannot legally be excluded, including liability for fraud or other non-excludable matters.

14. Termination

Either party may terminate for material breach not cured within a reasonable written cure period, insolvency or as otherwise stated in the SOW. Recurring services may be terminated on the notice period in the SOW, subject to mandatory consumer rights. On termination, amounts for work performed and committed non-refundable third-party costs remain payable to the extent lawful.

15. Governing law and disputes

Unless the SOW lawfully states otherwise, South African law governs the agreement. The parties should first attempt good-faith resolution. This choice does not remove mandatory protections that apply to a consumer or data subject and cannot be waived by contract.