Legal
Last updated: 9 May 2026. These terms govern all services provided by LRWKleinhans (Pty) Ltd, trading as Kleinhans Digital, and form a binding written agreement between us and the natural person or juristic entity engaging our services.
By submitting a quote request, accepting a written proposal from us, paying a deposit, or otherwise engaging us via this website, email, or WhatsApp, you (the Client, “you”) agree to be bound by these terms with us (LRWKleinhans (Pty) Ltd, “we”, “us”, “Kleinhans Digital”). If you do not agree, do not engage us.
These terms are concluded electronically. Under Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), an electronic agreement is valid and binding. Acceptance of a written proposal, payment of a deposit, or any clear act of engagement constitutes your signature for ECTA purposes.
We provide web design, web development, search engine optimisation, branding, e-commerce, digital marketing, and (where contracted separately) Kleinhans AI workflow automation services. The exact scope of each engagement is recorded in the written proposal we issue you after reviewing your brief.
We may decline any project at our reasonable discretion. Submission of a quote request does not on its own create a binding agreement. The binding agreement is formed when you accept our written proposal and the deposit clears.
The quote configurator on our website provides indicative pricing only. Final pricing is confirmed in a written proposal we send you after we have reviewed your brief in detail.
Proposals are valid for 14 days from issue. If accepted within that period, the price is fixed for the agreed scope. After 14 days, pricing may change.
Changes to scope after engagement begins are handled in writing. We quote the change before any work on it begins. Work outside the agreed scope is invoiced at our then-current hourly rate, agreed in writing first.
Where your package includes a monthly retainer, it begins on the launch date and is payable monthly in advance via EFT or debit order. The retainer covers hosting, SSL, security updates, and the maintenance allocation specified in your proposal.
If a retainer invoice is more than 30 calendar days overdue, we may suspend the retained services after written notice and a 7-day cure period. If overdue more than 60 calendar days, we may take the site offline. We will give you reasonable written notice before any suspension or take-down.
The target delivery for standard projects is 14 days from the later of (a) deposit clearance and (b) Client provision of all required content. This is a target, not a guarantee. Complex projects, scope changes, or delays in Client content provision extend the delivery date proportionately.
Time is not of the essence in respect of any deadline unless we agree so in writing for a specific deadline.
You are responsible for:
You indemnify us against third-party claims arising from content you supply that infringes copyright, trade marks, or other rights.
Revisions included in your package are specified in your proposal. The following are not included as standard revisions:
Out-of-scope revisions are quoted separately and require written approval before work begins.
On payment of the final invoice in full, ownership of the website design, custom graphics, custom copy, and code written specifically for your project transfers to you. This clause constitutes a written assignment of copyright as required by Section 22(3) of the Copyright Act 98 of 1978.
We retain:
Third-party assets (fonts, stock images, plugins, software libraries) remain subject to their respective licences. We disclose any significant third-party components used in your project on request.
Where hosting is included in your retainer, we maintain it using reputable global infrastructure providers (currently Vercel, Cloudflare, and similar). We target high uptime but do not guarantee 100%. We are not liable for downtime caused by:
We perform regular backups as part of our hosting infrastructure. We strongly recommend that you maintain your own off-site backups for any critical business data hosted on our infrastructure.
Either party may cancel a project before completion by written notice.
If you cancel:
If we cancel before completion (which we do only for material cause, including non-payment, abusive conduct, or material breach of these terms by you), we refund any deposit attributable to work not yet performed.
Monthly retainers may be cancelled by either party with 30 calendar days' written notice. Hosting services tied to the retainer are terminated at the end of the notice period unless we agree otherwise in writing.
Where you are a consumer purchasing online, Section 51 of ECTA gives you a 7-day cooling-off period in respect of online purchases of services. The cooling-off period does not apply to services that have been fully performed within the 7 days at your express request. If you are entitled to and exercise the cooling-off period, we refund the deposit less reasonable charges for any work already performed at your request.
Subject to applicable law, our total liability to you for any claim arising from or connected to these terms or our services is capped at the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, lost data, or lost goodwill.
This cap and the exclusion of indirect damages do not apply to:
Neither party is liable for failure or delay in performance to the extent caused by events beyond reasonable control, including load-shedding, civil unrest, war, natural disaster, pandemic, government action, internet or grid outages, and supplier failures. The party affected must notify the other promptly. If a force majeure event continues beyond 60 calendar days, either party may terminate the affected engagement on 14 calendar days' written notice without liability for the termination itself.
Each party treats confidential information disclosed by the other as confidential, uses it only for the engagement, and protects it with at least the same care it uses for its own confidential information. This obligation survives termination for two years. Information that becomes public through no fault of the receiving party, or that the receiving party already had, or that the receiving party develops independently, is not subject to this clause.
We process personal information in accordance with our Privacy Policy and POPIA. Where we act as an Operator on your behalf (for example, processing your customer database under your instructions), we do so only as authorised by you in writing and we apply reasonable security measures consistent with Section 21 of POPIA.
These terms are governed by and interpreted under the laws of the Republic of South Africa.
If a dispute arises that cannot be resolved between us by good-faith discussion within 30 calendar days, either party may refer it to arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under AFSA's prevailing rules. The seat is Sandton, Johannesburg. The language is English. There is one arbitrator unless the rules require otherwise. The arbitrator's award is final and binding. Either party may apply to the Gauteng Division of the High Court of South Africa for urgent or interim relief.
You may instead litigate in the Magistrates' Court in your magisterial district where the value of the dispute is within that court's jurisdiction.
For any questions regarding these terms, please contact us: