Terms of Service.
The rules for using this website and for working with us.
In short. Part A covers your use of this website. Part B covers the web design and development services we provide under a written quote or proposal. You own the finished custom work once you have paid for it in full. South African law applies.
1. Who we are
These terms are between you and NEXTLEVELWEBSOLUTIONS (Pty) Ltd, a private company registered in South Africa, enterprise number K2026678507, trading as Next Level Web Solutions ("we", "us"). Information we are required to give you under section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA):
- Legal name and status: NEXTLEVELWEBSOLUTIONS (Pty) Ltd, a private company
- Registration number: K2026678507
- Physical and registered address: 6 Veldkornet, Annlin
- Email: mvaneck@next-lvl.tech
- Phone: +27 65 260 0847
- Website: https://next-lvl.tech
Agreeing to these terms for the website happens by using it. Agreeing to Part B happens when you accept our written quote or proposal, which refers to these terms.
Part A: Using this website
2. Acceptable use
You may browse this website and use the contact form for genuine enquiries. You must not attempt to gain unauthorised access to the site or its host, interfere with its operation, send unlawful, abusive or misleading content through the form, or send automated or bulk submissions.
3. Content and ownership of this site
The text, design, code and graphics of this website belong to us or our licensors and are protected by copyright. You may view the site and share its links. You may not copy or reuse its content or design without our written permission. Names and logos of other businesses shown on the Work page belong to those businesses.
4. Links to other websites
The Work page shows screenshots of, and links to, websites owned and operated by other people. We do not control those websites and are not responsible for their content or privacy practices. A link to a site is not an endorsement of it.
5. Information on this website
We try to keep this website accurate, but it gives general information only and is not a quote or an offer. Our services and any prices are set out only in a written quote or proposal. This website shows no prices.
Part B: Web design and development services
6. How an engagement starts
After you contact us we will send a written quote or proposal that describes the work, deliverables, timeline, price, payment schedule and number of revision rounds. An agreement is formed when you accept it in writing, including by email. If the proposal and these terms differ, the proposal prevails for the matters it covers.
7. Our services
We provide the services described in the accepted proposal, which may include web design, development, search engine optimisation work, branding, hosting and domain set-up, email set-up and Google Search Console set-up. We will carry out the services with reasonable skill and care. We do not promise any particular search ranking, traffic level, sales or conversion result, because those depend on factors we do not control.
8. What we need from you
You agree to give us the content, materials, access and decisions we reasonably need, on time, and to nominate one person who can approve work for you. Delays in providing these may move the timeline, and we are not responsible for delay that you cause.
You confirm that you own, or have permission to use, all text, images, logos, data and other material you give us ("client content"), that it does not infringe anyone's rights or break the law, and that you will tell us if that changes. You allow us to use client content only to carry out the services. You keep ownership of your client content.
9. Fees and payment
Fees are stated in South African rand in the accepted proposal, together with whether VAT applies. Deposits, milestone payments and due dates are as set out in the proposal. We invoice by email and you agree to pay by the due date using the payment methods shown on the invoice. If an invoice is overdue we may pause work until it is paid and, if the proposal says so, charge interest on the overdue amount. We will not start work that depends on a deposit until the deposit is received.
10. Revisions and change requests
The proposal states how many rounds of revisions are included. A revision is a correction or refinement within the agreed scope. A request that changes the scope, adds pages or features, or redoes approved work is a change request. We will quote any change request in writing before starting it, and it is agreed only when you accept the quote.
11. Ownership and intellectual property
On receipt of full payment of all amounts due for the engagement, ownership of the intellectual property rights in the custom design and custom code that we create specifically for you ("deliverables") passes to you. Until full payment is received, you may use the deliverables only for review and approval, and we keep ownership.
The following are not transferred: (a) third-party materials such as fonts, stock images, plugins, frameworks and open-source libraries, which stay under their own licences; and (b) our pre-existing tools, templates, code snippets and know-how, which we license to you on a non-exclusive, perpetual basis as part of the deliverables, only to the extent they are built into them. We may show the finished work in our portfolio and on our Work page unless you tell us in writing before launch that you do not want that.
12. Hosting, domains and email
If we set up or arrange hosting, domain registration or email for you, the details, fees and renewal dates are set out in the proposal. These services are provided by third parties under their own terms, and we are not responsible for outages or changes that they cause. Wherever possible, domains are registered in your name. Ongoing maintenance, backups and support are provided only if the proposal includes them.
13. Third-party services
Your site may rely on third-party services that you choose or we recommend, for example hosting, payment, email or analytics tools. Their fees and terms apply to you directly. If your site collects personal information from visitors, you are responsible for having a privacy policy and for complying with data protection law as the responsible party. We can help with that if the proposal includes it.
14. Warranties and disclaimers
Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008 (CPA), including the right to services performed with reasonable care and skill. Subject to that, this website is provided "as is" and "as available", and we do not promise that it will be uninterrupted or error free.
15. Limitation of liability
To the extent the law allows, our total liability to you arising out of an engagement, whether in contract, delict or otherwise, is limited to the fees you paid us for the services that gave rise to the claim. We are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill. Nothing in these terms limits liability for fraud, gross negligence or intentional wrongdoing, or any liability that the law does not allow us to limit or exclude.
16. Indemnity
You will compensate us for losses and costs arising from a third-party claim that your client content infringes a right or breaks the law.
17. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for the engagement, except where disclosure is required by law.
18. Cancellation and termination
Either of us may end an engagement by written notice if the other commits a material breach and does not fix it within 14 days of written notice. You may cancel an engagement at any time by written notice. If you cancel, you must pay for work done and costs incurred up to the date of cancellation, calculated on the proposal's schedule. Unpaid amounts for work already done remain due. Sections that by their nature continue, such as ownership, liability and confidentiality, survive termination.
19. Consumer rights and cooling-off
The CPA applies to individuals, and to juristic persons such as companies whose annual turnover or asset value is below the threshold set under that Act. If you are a consumer, you may have the following rights, which these terms do not take away:
- to cancel an electronic transaction within seven days of concluding it, under section 44 of ECTA, where that section applies to the services concerned. If you ask us to begin work during that period, you remain liable for the reasonable value of work already done;
- to cancel certain agreements concluded as a result of direct marketing within five business days, under section 16 of the CPA;
- to complain to the National Consumer Commission or to use alternative dispute resolution, as set out in section 22 below.
20. Privacy
How we handle personal information is explained in our Privacy Policy, and how this site uses cookies and browser storage is explained in our Cookie Policy.
21. Changes to these terms
We may update these terms. The version on this page on the date you use the site applies to your use of the site. An accepted proposal is governed by the version of these terms in force on the date you accepted it, unless you agree otherwise in writing.
22. Governing law and disputes
These terms are governed by the laws of the Republic of South Africa. If a dispute arises, please contact us first so that we can try to settle it in good faith. If it is not settled within 30 days, either of us may refer it to mediation or to the courts. Subject to any right you have as a consumer to approach another forum, the courts at Pretoria have jurisdiction. Consumers may also complain to the National Consumer Commission or the provincial consumer protection authority, and may use any alternative dispute resolution scheme or ombud that applies.
23. General
These terms and the accepted proposal are the whole agreement between us for the engagement. If any part is found unenforceable, the rest remains in force. A failure to enforce a right is not a waiver of it. We may give notices by email to the address you gave us, and you may give notices to mvaneck@next-lvl.tech. You may not transfer your rights under an engagement without our written consent.
24. Contact
NEXTLEVELWEBSOLUTIONS (Pty) Ltd, 6 Veldkornet, Annlin, mvaneck@next-lvl.tech, +27 65 260 0847.