Terms and Conditions
MM Web Design (Pty) Ltd
Last Updated: September 2026
These Terms and Conditions govern the use and purchase of website design, website hosting, email, domain registration, website rental, and related digital services provided by MM Web Design (Pty) Ltd (“MM Web Design”, “we”, “us”, or “our”).
By placing an order, subscribing to a package, making payment, or using any service provided by MM Web Design, the client (“you”, “your”, or “the client”) confirms that they have read, understood, and agreed to these Terms and Conditions.
1. Services
MM Web Design provides website design, website hosting, domain registration, email hosting, e-commerce websites, website rental, maintenance, and other related digital services.
Services are provided according to the package, quotation, invoice, order, or service description applicable to the client.
The features, storage, number of pages, email accounts, functionality, and other services included in a package are limited to what is specified for that package.
Additional services or functionality not included in the selected package may be quoted and charged separately.
2. Orders and Commencement of Work
Unless otherwise stated, websites supplied under a monthly package are provided as part of a recurring website service rather than as an outright sale of the website.
The monthly fee may include website design, hosting, domain services, email services, technical infrastructure, and other features depending on the selected package.
The client receives the right to use the website for as long as the applicable subscription remains active and all payments are up to date.
MM Web Design retains ownership and control of the underlying website framework, templates, development structure, code, hosting environment, and other proprietary components unless ownership has specifically been transferred to the client in writing.
A monthly website subscription does not automatically transfer ownership of the website to the client.
3. Orders and Commencement of Work
Website development will generally commence only after:
- The required initial payment has been received;
- The client has selected and confirmed their package or service;
- The required business information and content have been supplied; and
- Any other information reasonably required to begin development has been provided.
MM Web Design does not generally provide completed website designs or demonstrations before the applicable initial payment has been received.
Payments made for services are considered acceptance of the applicable service and these Terms and Conditions.
4. Client Information and Content
The client is responsible for supplying accurate and complete information required for the development of the website.
This may include:
- Business information;
- Company description;
- Services or products;
- Contact details;
- Logos and branding;
- Images;
- Social media links;
- Pricing;
- Business addresses;
- Policies and disclaimers; and
- Other content required for the website.
The client confirms that they have the necessary rights, licences, permissions, and authority to use any content supplied to MM Web Design.
The client remains responsible for the accuracy and legality of information supplied for publication.
MM Web Design may assist with sourcing suitable stock or royalty-free images where available. Unless otherwise agreed, the client remains responsible for ensuring that supplied or requested content may legally be used.
MM Web Design is not responsible for copyright, trademark, intellectual property, privacy, regulatory, advertising, or other legal violations resulting from content supplied or approved by the client.
5. Website Design
5.1 Design Process
MM Web Design will develop the website according to the selected package, agreed requirements, and information supplied by the client.
The final design may differ from examples, templates, references, or demonstrations used during the design process.
Templates, layouts, graphics, colours, typography, and other design elements may be customised to suit the client’s business.
5.2 Design Approval
Where a design or website preview is provided for approval, the client is responsible for reviewing it carefully.
Approval may be provided electronically, including by email, WhatsApp, or another agreed communication method.
Once the client approves the design, further changes may be treated as additional work.
5.3 Revisions
Unless otherwise stated in the applicable package or quotation, the client may request up to two (2) reasonable revision rounds during the design process.
Reasonable revisions generally include minor changes to:
- Text;
- Images;
- Colours;
- Spacing;
- Minor layout adjustments; or
- Similar design details.
The following may be treated as additional work:
- New pages;
- New sections;
- Major layout changes;
- Redesigning an approved page;
- New functionality;
- New forms or integrations;
- Significant changes to the original requirements;
- Additional products or catalogue work; or
- Changes requested after final approval.
Additional work may be quoted and charged separately before it is undertaken.
6. Client-Provided Content and Approvals
The client must review all website content before approving the website for publication.
This includes, but is not limited to:
- Spelling;
- Contact details;
- Pricing;
- Addresses;
- Product information;
- Images;
- Links;
- Business information; and
- Legal notices.
Once the client has approved the website, MM Web Design will not be responsible for errors that were present in the approved content.
Minor corrections may be accommodated at MM Web Design’s discretion. Significant changes may be chargeable.
7. Development and Delivery Times
Website projects are generally completed within 2–5 working days after all required information, content, approvals, and applicable payments have been received.
The estimated timeframe is not a guaranteed deadline.
Development may take longer where:
- The client has not supplied all required information;
- Feedback or approvals are delayed;
- Significant revisions are requested;
- Additional functionality is required;
- Third-party services are delayed;
- Technical problems occur;
- Domain or DNS changes are required; or
- Circumstances outside MM Web Design’s reasonable control affect the project.
MM Web Design is not responsible for delays caused by the client’s failure to provide information, content, feedback, approvals, or payments.
8. Website Launch
Before launch, MM Web Design will perform reasonable checks of the website.
The client is responsible for reviewing the website after receiving access to the preview or after launch and reporting any errors or issues.
Technical issues relating to the agreed website functionality will be addressed where reasonably possible.
Requests that constitute new design work, additional functionality, or changes to approved content may be charged separately.
9. Browser and Device Compatibility
Websites are designed to work with current versions of commonly used web browsers and modern mobile devices.
MM Web Design does not guarantee compatibility with:
- Obsolete browsers;
- Unsupported operating systems;
- Modified browsers;
- Third-party browser extensions;
- Unusual device configurations; or
- Third-party software outside MM Web Design’s control.
Minor differences in appearance between browsers, screen sizes, operating systems, and devices may occur.
10. Hosting and Storage
Website hosting is provided according to the client’s selected package.
Unless otherwise specified, current storage allocations are:
- Landing Page Package: 1 GB
- Business Website Package: 2 GB
- Custom Design Package: 5 GB
Package features may change for new customers. The features applicable to an existing client will generally be those specified at the time of subscription unless otherwise communicated.
Storage may include website files, databases, email data, media files, backups, and other hosted data depending on the hosting environment.
The client may not use website hosting as a general file-storage service unrelated to the website.
Exceeding the allocated storage limit may require:
- Removal of unnecessary files;
- Reduction of stored data;
- A package upgrade; or
- Additional storage fees.
MM Web Design may contact the client before taking action where reasonably practical.
11. Hosting Availability
MM Web Design will make reasonable efforts to keep hosted websites and services available.
However, uninterrupted availability cannot be guaranteed.
Downtime may occur because of:
- Server maintenance;
- Hardware or software failures;
- Network problems;
- Data-centre outages;
- Security incidents;
- DNS propagation;
- Third-party services;
- Internet service providers;
- Domain-related problems; or
- Other circumstances outside MM Web Design’s reasonable control.
MM Web Design is not liable for losses resulting from temporary hosting interruptions or downtime.
12. Domain Registration
Where a domain is included in a package, the inclusion applies only according to the terms of that package.
A .co.za domain may be included free of charge for the first year on eligible packages.
From the second year, applicable domain renewal fees become payable.
Domain registration and renewal are subject to the rules, policies, and requirements of the relevant domain registry and registrar.
Domain registrations and renewals are generally non-refundable once submitted or processed.
12.1 Domain Administration
During an active website subscription, MM Web Design may manage the domain on the client’s behalf.
The client’s ability to transfer or change domain management may be subject to:
- Settlement of all outstanding amounts;
- Completion of any applicable transfer requirements;
- Registry rules;
- Registrar requirements; and
- Any applicable transfer or administration fees.
Where a domain is provided as part of a promotional offer and the client cancels before the minimum promotional period has been completed, MM Web Design may recover the applicable domain registration cost or apply the domain terms stated in the client’s package or quotation.
13. Domain Renewal
The client is responsible for ensuring that applicable domain renewal fees are paid before the domain expires.
Failure to pay renewal fees may result in:
- Domain suspension;
- Website or email interruption;
- Expiration of the domain; or
- Additional recovery or restoration costs.
MM Web Design is not responsible for loss of a domain resulting from failure to pay renewal fees by the required deadline.
14. Email Services
Where email hosting is included, email accounts are subject to the limits and features of the selected package.
Email services may not be used for:
- Spam;
- Unsolicited bulk email;
- Phishing;
- Fraud;
- Malware distribution;
- Harassment;
- Impersonation;
- Deceptive communications; or
- Activities that damage the reputation or security of the hosting infrastructure.
Email delivery can be affected by external mail providers, spam filters, DNS configuration, blacklists, authentication policies, recipient systems, and other third-party systems.
MM Web Design does not guarantee that every email will reach its intended recipient.
15. Backups and Data
MM Web Design may maintain backups as part of its hosting infrastructure; however, backups should not be regarded as a guaranteed or permanent archive of client data.
The client remains responsible for maintaining copies of important business information, documents, emails, images, and other data.
MM Web Design will make reasonable efforts to restore data where suitable backups are available, but restoration cannot be guaranteed in every circumstance.
16. Website Maintenance and Updates
Routine maintenance, content updates, security updates, plugin updates, and ongoing website management are not automatically included unless specifically stated in the client’s package or maintenance agreement.
MM Web Design may perform necessary technical maintenance to keep hosted services operational.
Client-requested changes outside the included service may be charged separately.
17. Website Ownership and Access
Unless otherwise agreed in writing, MM Web Design retains ownership of its proprietary:
- Website frameworks;
- Templates;
- Development structures;
- Code;
- Components;
- Design systems;
- Hosting configurations; and
- Other proprietary resources.
The client receives a limited right to use the completed website while the applicable services remain active and paid for.
Backend or administrative access may be restricted depending on the package.
Where administrative access is provided, the client must not intentionally modify, remove, or interfere with systems that could compromise the website, hosting environment, security, or operation of other services.
18. Website Buyout and Transfer
Where available, the client may request a once-off transfer or buyout of the website.
The applicable fee will depend on factors such as:
- Number of pages;
- Website complexity;
- Functionality;
- E-commerce features;
- Custom development;
- Integrations; and
- Other technical requirements.
A website buyout or ownership transfer must be agreed to in writing.
Payment of a buyout fee does not automatically include third-party licences, premium plugins, domain registration, hosting, third-party subscriptions, or services owned by third parties unless specifically stated.
19. Monthly Payments
Monthly subscription fees are payable on or before the due date shown on the client’s invoice.
The client remains responsible for payment even if they do not actively use the website or email services during the billing period.
Invoices and payment reminders may be sent electronically.
The client is responsible for keeping their billing and contact information up to date.
20. Late Payment and Suspension
If payment is not received by the due date, MM Web Design may suspend some or all services.
Suspension may include:
- Taking the website offline;
- Suspending email services;
- Suspending hosting;
- Restricting access to services; or
- Suspending other services associated with the account.
A reactivation fee may apply when suspended services are restored.
Payment of the outstanding invoice does not necessarily result in immediate restoration where additional fees, technical work, or third-party requirements are involved.
Continued non-payment may result in permanent termination of services and deletion of hosted website data after an appropriate period.
Outstanding amounts remain payable after suspension or termination.
20. Late Payment and Suspension
If payment is not received by the due date, MM Web Design may suspend some or all services.
Suspension may include:
- Taking the website offline;
- Suspending email services;
- Suspending hosting;
- Restricting access to services; or
- Suspending other services associated with the account.
A reactivation fee may apply when suspended services are restored.
Payment of the outstanding invoice does not necessarily result in immediate restoration where additional fees, technical work, or third-party requirements are involved.
Continued non-payment may result in permanent termination of services and deletion of hosted website data after an appropriate period.
Outstanding amounts remain payable after suspension or termination.
21. Cancellation by the Client
The client may request cancellation of their monthly service in writing.
Cancellation does not automatically cancel outstanding invoices, domain renewal charges, additional work already approved, or other amounts legally due.
Unless otherwise agreed in writing, services remain active until the applicable cancellation date.
Upon cancellation:
- The website may be taken offline;
- Hosting services may be terminated;
- Email services may be terminated;
- Domain services may cease to be managed by MM Web Design; and
- Website data may be removed after the applicable retention period.
The client should arrange any required data, email, and domain transfer before the service is terminated.
22. Refund Policy
Payments for website development are subject to the applicable package and refund terms.
Unless otherwise stated:
- A website design payment may qualify for a 50% refund within 7 days of purchase only where development has not commenced.
- Once design or development work has commenced, the payment is generally non-refundable.
- Domain registration and renewal fees are non-refundable once processed.
- Third-party services and fees are non-refundable where the third party does not provide a refund.
- Additional work already completed or committed to may be non-refundable.
Nothing in this section is intended to exclude any consumer rights that cannot legally be excluded under applicable South African law.
23. Third-Party Services
MM Web Design may use third-party services and platforms to provide certain functionality, including:
- Domain registrars;
- Hosting infrastructure;
- Payment processors;
- Email services;
- Google services;
- Social media platforms;
- WordPress;
- WooCommerce;
- Plugins;
- APIs;
- Analytics services; and
- Other external providers.
Third-party services are subject to their own terms, policies, availability, and pricing.
MM Web Design is not responsible for failures, changes, restrictions, suspension, pricing changes, or discontinuation of third-party services.
Where a third-party service requires a separate subscription or licence, the client may be responsible for those costs.
24. Search Engines, SEO and Performance
Where basic SEO is included in a package, this refers to reasonable on-page optimisation and does not guarantee search engine rankings, traffic, leads, sales, or specific business results.
Search engine rankings and visibility depend on numerous factors outside MM Web Design’s control.
MM Web Design does not guarantee:
- A specific Google ranking;
- First-page placement;
- A specific number of visitors;
- A specific number of enquiries;
- Sales or revenue; or
- Any particular search engine result.
25. E-Commerce Websites
Where an e-commerce website is provided, the client is responsible for:
- Product information;
- Pricing;
- Stock information;
- Shipping policies;
- Returns and refunds;
- Payment-provider requirements;
- Customer communications;
- Tax information; and
- Compliance with applicable laws.
Payment gateways, courier services, shipping providers, and other third-party services are subject to their own terms and technical limitations.
MM Web Design does not guarantee successful transactions where a third-party payment gateway, bank, courier, internet connection, or other external service is unavailable.
26. Acceptable Use Policy
The client may not use MM Web Design’s services for unlawful, fraudulent, abusive, harmful, or malicious activities.
Prohibited activities include, but are not limited to:
- Fraud or scams;
- Phishing;
- Identity theft;
- Impersonation;
- Malware or viruses;
- Hacking or unauthorised access;
- Distribution of malicious scripts;
- Spam or unsolicited bulk messaging;
- Copyright infringement;
- Trademark infringement;
- Hosting unlawful material;
- Money laundering;
- Deceptive business practices;
- Activities intended to compromise server security;
- Activities that negatively affect other users; or
- Activities that violate South African or applicable international law.
MM Web Design does not routinely monitor client content but may investigate complaints, abuse reports, security incidents, or suspected violations.
27. Suspension for Abuse or Illegal Activity
MM Web Design may immediately suspend or terminate services where it reasonably believes that a service is being used for:
- Illegal activity;
- Fraud;
- Abuse;
- Phishing;
- Malware;
- Spam;
- Security attacks;
- Activities that threaten the hosting infrastructure; or
- Activities that may expose MM Web Design or its service providers to legal or regulatory liability.
Where required, information may be provided to relevant authorities in accordance with applicable law.
Suspension or termination under this section does not remove the client’s obligation to pay outstanding amounts.
28. Security
MM Web Design will take reasonable measures to protect its hosting and website infrastructure.
However, no website, hosting environment, email service, or internet-connected system can be guaranteed to be completely secure.
Security may be affected by:
- Third-party vulnerabilities;
- WordPress or plugin vulnerabilities;
- Weak passwords;
- Compromised client accounts;
- Malware;
- Phishing;
- Outdated software;
- Client modifications; or
- Other events outside MM Web Design’s reasonable control.
Clients must use strong passwords and must not share account credentials with unauthorised persons.
29. Limitation of Liability
To the maximum extent permitted by applicable law, MM Web Design will not be liable for indirect, incidental, special, consequential, or business losses arising from the use or inability to use the services.
This may include loss of:
- Income;
- Revenue;
- Profits;
- Business opportunities;
- Data;
- Customers;
- Search engine rankings;
- Reputation; or
- Expected business results.
MM Web Design is also not responsible for losses caused by third-party service failures, internet outages, domain problems, hosting interruptions, cyberattacks, client actions, or circumstances outside its reasonable control.
Nothing in these Terms is intended to exclude liability where such exclusion is prohibited by South African law.
30. Client Indemnity
To the extent permitted by law, the client agrees to indemnify and hold MM Web Design harmless against claims, losses, damages, penalties, costs, or legal expenses arising from:
- Client-supplied content;
- Misuse of services;
- Illegal activities;
- Copyright or trademark infringement;
- Breach of applicable law;
- Unauthorised use of third-party material; or
- Breach of these Terms and Conditions.
31. Privacy and Personal Information
MM Web Design processes personal information in accordance with applicable South African data protection laws, including the Protection of Personal Information Act, 4 of 2013 (POPIA) where applicable.
Information may include:
-
Names;
-
Contact details;
-
Billing information;
-
Account information;
-
IP addresses;
-
Browser and device information;
-
Website usage information; and
-
Information necessary to provide the requested services.
Personal information may be used for:
-
Providing services;
-
Processing payments;
-
Managing accounts;
-
Providing customer support;
-
Communicating with clients;
-
Maintaining security;
-
Improving services; and
-
Complying with legal obligations.
Personal information may be shared with trusted third-party service providers where reasonably necessary to provide services, process payments, register domains, provide hosting, or comply with legal requirements.
MM Web Design does not sell client personal information.
Further information about the processing of personal information should be provided in MM Web Design’s separate Privacy Policy.
32. Intellectual Property
MM Web Design retains ownership of its pre-existing intellectual property, proprietary systems, templates, code, processes, designs, and development resources.
Third-party materials remain subject to their respective licences and ownership rights.
The client must not reproduce, resell, redistribute, copy, or commercially exploit MM Web Design’s proprietary systems, templates, code, or development resources without written permission.
Client-owned trademarks, logos, photographs, text, and other materials remain the property of the client or their respective owners.
33. Force Majeure
MM Web Design will not be liable for failure or delay in performing its obligations where the failure results from circumstances reasonably outside its control.
Such circumstances may include:
- Natural disasters;
- Power failures;
- Internet outages;
- Data-centre failures;
- Cyberattacks;
- Government actions;
- Regulatory changes;
- Telecommunications failures;
- Supplier failures;
- Labour disruptions; or
- Other circumstances beyond reasonable control.
34. Changes to Services and Pricing
MM Web Design may change service features, package structures, pricing, infrastructure, or third-party providers from time to time.
Where a change materially affects an existing client’s service or recurring fee, reasonable notice will generally be provided where practicable.
Promotional pricing and package benefits may apply only to the period and customers specified in the relevant offer.
35. Changes to These Terms
MM Web Design may update these Terms and Conditions from time to time.
The latest version will be published on the MM Web Design website with the applicable “Last Updated” date.
Continued use of the services after an updated version becomes effective constitutes acceptance of the updated Terms, subject to any rights the client may have under applicable law.
36. Notices and Communication
MM Web Design may communicate with clients by:
- Email;
- WhatsApp;
- Telephone;
- SMS;
- Client portal; or
- Other contact details supplied by the client.
The client is responsible for ensuring that MM Web Design has accurate contact and billing information.
Electronic communication may be treated as written communication where permitted by law.
37. Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa.
Any dispute will be dealt with in accordance with applicable South African law and the jurisdiction of the appropriate South African courts or other legally applicable dispute-resolution body.
38. Severability
If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, that provision will be interpreted or amended to the extent necessary to make it enforceable where legally possible.
The remaining provisions will continue to apply.
39. Entire Agreement
These Terms and Conditions, together with the applicable package description, quotation, invoice, order, or written agreement between MM Web Design and the client, constitute the agreement governing the relevant services.
Where a written quotation or agreement contains terms that specifically differ from these Terms and Conditions, the specific written agreement will apply to the extent of the inconsistency.
40. Contact Information
For questions regarding these Terms and Conditions, services, billing, or privacy matters, please contact:
MM Web Design (Pty) Ltd
Email: info@mmwebdesign.co.za
Acceptance
By purchasing, subscribing to, or using any service provided by MM Web Design (Pty) Ltd, the client confirms that they have read, understood, and agreed to these Terms and Conditions.