Terms of Service

Last updated: [DATE — set when these terms are confirmed and published]

1. Who this agreement is with

These terms govern the website-building service provided by BUILD YOUR MOULD (PTY) LTD (registration number 2026/598651/07) ("we", "us"), registered at 83 Chattan Road, Glenferness, Midrand, 2191, South Africa, to you, the client ("you"). By submitting a brief, approving a draft, or making a payment, you agree to these terms.

2. The service

You provide a brief describing your business. We use it to generate a draft website, which is shown to you directly — you can request changes and get an updated draft as many times as you like before deciding anything. When you're happy with it, you approve the draft and pay a deposit. That's when a person (Kai) takes over and builds out a production-quality version of the site. Once you pay the remaining balance, we either deploy it for you or hand you the files, depending on the hosting option you choose.

3. Pricing and payment

• Pricing follows the published tiers (Starter, Business, Custom) at the time of your brief, unless otherwise agreed in writing. The price you're quoted is the full price — we don't add undisclosed costs on top of it.
• Payment is split: 50% deposit on approval of your draft (this is what starts the production build), 50% once the production build is complete, processed via PayFast.
• PayFast may charge us a transaction fee for processing your payment; this is deducted from what we receive and does not increase the amount you pay.
• The optional monthly care plan and optional email hosting add-on are billed separately from the build fee and are month-to-month — see Section 6.
• Prices are in South African Rand (ZAR).

4. Cancellation and refunds

[TBD — the following is a starting-point policy, not yet confirmed:]

• Before you approve a draft, you may withdraw at no charge — no payment is taken until you approve, and you can request as many changes to the draft as you like at this stage.
• Approving a draft and paying the deposit is your consent for us to begin the production build specifically for your business. Because that build is custom work commenced with your consent — not a stock product — the deposit becomes non-refundable at that point, consistent with the exemptions to the standard cooling-off right for customised goods/services under section 42(2) of the Electronic Communications and Transactions Act, 2002.
• If you cancel after paying the deposit but before final payment, the deposit is retained to cover work already done; no further payment is owed by you.
• The final payment is due once the production build is complete and is non-refundable once the site has been delivered or deployed.

5. Intellectual property

Once you have paid in full, you own the final website we deliver to you — its content, design, and code, except for any third-party assets (fonts, libraries, stock imagery) that carry their own licenses. Until full payment is made, the draft and production build remain our property. You warrant that you have the right to any logo, photo, or other material you upload for us to use in your site.

6. The care plan and email hosting

The optional monthly care plan covers small fixes, updates, and your website hosting after launch — hosting is included in this fee, not billed separately. It is billed month-to-month with no fixed-term lock-in, and you may cancel at any time effective from your next billing date. Cancelling the care plan does not affect ownership of your already-delivered site. Business email hosting is a separate optional add-on, resold from our hosting provider (Techtiq) and billed on your invoice at the rate quoted when you request it; it is also month-to-month and can be cancelled by contacting us.

7. Hosting

If you choose our managed hosting, your site is deployed on our behalf via a third-party hosting provider (currently Netlify) and your domain, if provided, is pointed at it. If you choose to self-host, we provide you the finished site files and are not responsible for hosting, uptime, or maintenance once handed over.

8. What we don't guarantee

• We do not guarantee specific business outcomes (traffic, sales, bookings) from your website.
• The first draft is AI-generated and shown to you without prior human review — you're responsible for checking factual details (prices, opening hours, contact details, legal claims) before approving it. Once you approve and pay the deposit, the production build is done and checked by a person before it's delivered.
• Third-party services we rely on (PayFast, Netlify, Anthropic, Resend, domain registrars) are outside our control; we are not liable for their outages or errors, though we will help you work around them where reasonably possible.

9. Limitation of liability

To the extent permitted by South African law, our liability to you for any claim arising from this service is limited to the amount you have paid us for the relevant project. We are not liable for indirect or consequential losses (such as lost profits) arising from use of your website. Nothing in these terms limits liability that cannot lawfully be excluded, including under the Consumer Protection Act, 68 of 2008, where it applies.

10. Governing law

These terms are governed by the laws of the Republic of South Africa, and any dispute will be subject to the jurisdiction of the South African courts.

11. Changes to these terms

We may update these terms from time to time. Continued use of the service after an update constitutes acceptance of the revised terms. Material changes affecting an in-progress project will be communicated to you directly.

12. Contact

Questions about these terms: admin@buildyourmould.co.za.