Terms & Conditions

Last updated 17 June 2026

These terms explain how we work, what you get, what you pay, who owns what, and where each side's responsibilities begin and end.

1.Definitions

• "We" / "us" / "JonyX" means JonyX WebWorks (Pty) Ltd. "You" / "the client" means the person or business engaging us.
• "Custom System" means bespoke software we build and host for you (for example a CRM, audit, stock, invoicing or similar internal system).
• "Website" means a website we build for you to own and host as you choose.
• "Setup Fee" means the once-off fee to build and launch a Custom System or Website.
• "Monthly Plan" means the recurring monthly fee that hosts, supports and maintains a Custom System.
• "Minimum Term" means the initial 12-month commitment of a Monthly Plan, unless your quote states otherwise.
• "Buyout" means a separate, written agreement under which you purchase ownership of a Custom System's source code.
• "Client Data" means the data and content you provide or store in a Custom System.

2.Quotes & pricing

Quotes are valid for 30 days unless stated otherwise. All prices are in South African Rand. The written quote, together with these terms, sets out what is included. Anything not described in the quote is out of scope and will be quoted separately before we do it. We may adjust recurring fees on reasonable written notice (at least one month) — for example to reflect significant cost increases — and you may cancel at the end of your term if you don't accept a change.

3.Custom systems — what you get

For a Custom System, you receive a non-exclusive, non-transferable licence to use the system for as long as your Monthly Plan is active. In plain terms:

• We build the system, host it on our infrastructure, and keep it running, secure and supported.
• The source code, design and underlying intellectual property remain ours. The Monthly Plan is a fee for using and running a hosted, maintained system — it is not a payment plan or instalments towards ownership, and paying it (for any length of time) does not transfer ownership of the source code to you.
• If you want to own the source code and host it yourself, that is available only through a separate written Buyout, quoted separately.
• Your Client Data is yours (see clauses 12 and 13), and you can request an export at any time.

4.Websites — what you get

A Website is different from a Custom System. On full payment, you own the final delivered website files and may host them wherever you like — no lock-in. This excludes third-party frameworks, libraries, fonts, plugins, stock images and similar components, which remain subject to their own licences, and excludes any general-purpose tools or code libraries we reuse across projects.

5.Setup fees & deposits

The Setup Fee (or an agreed deposit) is payable before we begin work. It secures your place in our schedule and covers the work of scoping and building. Once work has begun, the Setup Fee and any deposit are non-refundable (see clause 8).

6.Monthly plans & payment

Monthly Plan fees are payable monthly in advance. They include hosting, security, backups, support and maintenance of your Custom System on our standard infrastructure. If a payment is overdue, we may, after giving you reasonable notice, suspend access to the system until the account is brought up to date. We will not delete your Client Data during a reasonable grace period, after which continued non-payment may result in removal of the system and data.

7.Minimum term & cancellation

Monthly Plans run for an initial Minimum Term of 12 months, because the cost of building your system is carried within the monthly fee over that period. After the Minimum Term, the plan continues month-to-month and you may cancel with one calendar month's written notice.

If you cancel before the end of the Minimum Term, the remaining months of that term remain payable, as the build was provided on the basis of that commitment. On cancellation (whenever it takes effect): your access to the system ends, we provide a one-time export of your Client Data, and the source code is not provided (unless you have a Buyout).

8.No refunds

Because we build to order and reserve time for your project, fees are non-refundable — this includes Setup Fees, deposits and Monthly Plan fees already paid, including where you cancel. We do not offer a money-back guarantee. We do, of course, stand behind our work: we agree the scope with you up front and fix genuine faults as part of your active plan (see clause 14). Nothing in this clause limits any right you may have that cannot be excluded under applicable law.

9.Fair use & scaling

There are no per-seat or per-login fees — you pay for your plan, not per user. Each plan includes a reasonable allowance of users, records, storage and traffic appropriate to its tier. As your usage grows you move to a higher tier. Standard hosting is included; genuinely heavy usage — for example a dedicated database or server, very large storage, or unusually high traffic — is quoted separately at cost, and we will always discuss this with you before any change.

10.Hosting & availability

We host Custom Systems on reputable third-party infrastructure and aim for high availability, but we do not guarantee uninterrupted, error-free or uninterruptible service. Downtime may occur due to maintenance, updates, or factors outside our control (including third-party providers, connectivity and force majeure). We are not liable for outages or losses caused by third-party providers. We take regular backups, but you remain responsible for keeping your own copies of any critical data.

11.Your responsibilities

• Provide the content, information, access and approvals we need, and respond within a reasonable time. Delays on your side may affect timelines and costs.
• Ensure that any data or content you provide or store is lawful, accurate, and that you have the right to use it.
• Keep your login credentials secure and use the system lawfully.
• Timelines we give are good-faith estimates, not fixed deadlines, and depend on your input and third parties.

12.Data & POPIA

For data you store in a Custom System, you are the responsible party under POPIA and we act as your operator — we process that data only to provide the service and on your instruction, apply reasonable security measures, and do not use it for our own purposes. You are responsible for having a lawful basis to collect and process the data you put into the system, and for your own POPIA obligations towards the people it relates to. Our handling of your own contact and business information is described in our Privacy Policy.

13.Intellectual property

• Custom System code and IP: ours, licensed to you while your Monthly Plan is active (clause 3), unless purchased via Buyout.
• Client Data and content: yours. We claim no ownership of it and will export it to you on request.
• Website files: yours on full payment (clause 4).
• We may list you as a client and reference the work we did for you as part of our portfolio, unless you ask us in writing not to.

14.Warranties

We provide our services with reasonable skill and care and to a reasonable professional standard. While your plan is active, we will fix genuine defects in the system we built at no extra charge. Beyond that, systems and websites are provided "as is": we do not warrant that they will be error-free, uninterrupted, or fit for a purpose you haven't told us about. To the fullest extent permitted by law, all other warranties, whether express or implied, are excluded.

15.Limitation of liability

To the fullest extent permitted by law:

• Our total liability to you for any claim arising out of or in connection with our services is limited to the total fees you paid us in the three (3) months before the event giving rise to the claim.
• We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, or data, however it arises.
• Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited (for example liability for fraud or for death or personal injury caused by negligence).

16.Business continuity

We understand that depending on a specialist supplier carries risk. If JonyX WebWorks permanently ceases to operate, we will make reasonable arrangements for you to receive the then-current source code of your Custom System so that you can continue to run it. This protects you without giving away ownership while we are operating normally.

17.Confidentiality

Each of us will keep the other's confidential information confidential and use it only to perform or receive the services. This does not apply to information that is public through no fault of ours, or that must be disclosed by law.

18.Third-party services

Some systems use third-party services (for example payment gateways, SMS providers, email services or mapping). You are responsible for any costs and terms of those services. We are not responsible for the acts, omissions, availability or pricing of third parties.

19.General

• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control.
• Changes to these terms: we may update these terms from time to time; the version in force is the one published here, shown by the "last updated" date. Material changes affecting an active engagement will be communicated to you.
• Indemnity: you indemnify us against claims, losses and costs arising from your data, your content, or your use of the services in breach of these terms or the law.
• Governing law: these terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction.
• Whole agreement & severability: these terms (with your quote) are the whole agreement between us. If any part is found unenforceable, the rest remains in force.

20.Contact

Questions about these terms? Email info@jxwebworks.co.za or WhatsApp 081 047 2470.