Terms of Service

Last updated: 21 December 2025

These Terms of Service (“Terms”) govern your use of the website, products and services (collectively, the “Services”) offered by VVRapid Digital (“we”, “us”, “our”). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our website or Services.

1. Who We Are

Name / Trading Name: VVRapid Digital
Location: Cape Town, Western Cape, South Africa
Email: [email protected]

VVRapid Digital is a South African-based web development and digital services business. We currently operate as a small / sole-proprietor-type business and are not yet registered as a company.

We provide, among other things:

• Website design & development
• Custom plugin development
• App design & development
• Website maintenance & care
• Search engine optimisation
• Socials, blogs & article writing
• Digital Strategy Roadmaps
• Fractional Digital Team
• LiteSpeed website hosting and related services

2. Eligibility

By using our Services, you confirm that:

1. You are at least 18 years old; and
2. You have the legal capacity to enter into binding agreements under South African law.

If you use our Services on behalf of a company or other entity, you confirm that you are authorised to bind that entity to these Terms.

3. Quotes, Proposals and Acceptance

3.1 Quotes and estimates

Any quotes, proposals or estimates we provide (including via our online quote form) are:

• Based on the information you provide at the time; and
• Valid for the period stated on the quote, or, if not stated, for 7 (seven) days from the date of issue.

We may need to revise a quote if the scope changes or the information provided was incomplete or inaccurate.

3.2 Acceptance

A binding agreement between you and VVRapid Digital is formed when:

• You accept our quote or proposal in writing (including by email); or
• You pay any deposit or invoice that refers to the quote or project; or
• You otherwise clearly instruct us to proceed with the work.

3.3 Scope of work

The agreed scope, deliverables, timelines and fees will be set out in a quote, proposal, email, statement of work or similar document (“Project Agreement”).

If there is any conflict between these Terms and a Project Agreement, the Project Agreement will apply to the extent of the conflict for that specific project.

4. Fees, Payment and Refunds

4.1 Fees

Our fees are as set out:

• In the relevant Project Agreement for custom work; and/or
• On our website or other documentation for standard packages (such as hosting or maintenance plans).

All fees are quoted in the folowing currencies based on location (USD, AED, AUD, EUR, GBP, NZD, ZAR”), unless stated otherwise, and may be subject to change.

4.2 Deposits and payment terms

Unless we agree otherwise in writing:

• A non-refundable deposit (for example 50%) is payable before we start work on a project.
• The remaining balance is due on completion of the project, before launch or final handover.
• Hosting, maintenance and other ongoing services are billed in advance (monthly or annually, as agreed).

Payment must be made via the payment methods we specify (for example EFT).

4.3 Late payment

If you do not pay any amount on time, we may:

• Pause work on your project;
• Suspend or limit access to our Services (including taking your website offline);
• Charge interest at the maximum rate permitted by South African law; and/or
• Recover reasonable costs of collecting overdue amounts, including legal fees on an attorney-and-own-client scale.

4.4 Refunds

Because most of our work is custom and time-based:

• Deposits are generally non-refundable once work has started, except where the Consumer Protection Act, 2008 (“CPA”) or other applicable law requires otherwise.
• Fees for hosting, maintenance and similar services already billed are non-refundable for the current billing period.

Any refunds granted will be at our reasonable discretion and in accordance with South African law.

5. Your Responsibilities

You agree to:

• Provide accurate and complete information when requesting a quote or using our Services.
• Supply all content and materials required for the project (for example text, images, branding assets) in a timely, usable format, unless we have agreed to create them.
• Review and approve designs, copy and deliverables promptly, providing clear and constructive feedback.
• Ensure that any content you provide does not infringe the intellectual property or other rights of any third party, and does not breach any applicable law.

Delays in providing content, feedback or approvals may delay project timelines. We are not responsible for delays or missed deadlines caused by failure to fulfil your responsibilities.

6. Content, Intellectual Property and Licences

6.1 Your content

You retain ownership of all content, data, logos, trademarks and materials you provide to us (“Client Content”).

You grant us a non-exclusive, worldwide, royalty-free licence to use, copy, adapt and display Client Content:

• As necessary to provide the Services; and
• For limited portfolio and marketing use (for example showing screenshots of your site), unless you request in writing that we do not do so.

6.2 Our work and tools

Unless we agree otherwise in writing:

• We retain ownership of all pre-existing tools, frameworks, code libraries, templates, design systems and know-how used in your project.
• Once you have paid all amounts due in full, you receive a non-exclusive, perpetual licence to use the specific deliverables we create for you (such as your website design, theme, plugin or app) for your own business purposes.

You may not resell, redistribute or licence our underlying frameworks, code libraries or systems to third parties, unless we explicitly agree to this in writing.

6.3 Open-source and third-party components

We may use open-source software (for example WordPress themes/plugins, libraries) and third-party services. Your rights to those components are governed by their respective licences and terms, in addition to these Terms.

6.4 Portfolio and credit

Unless you reasonably request otherwise in writing, you agree that:

• We may display your project (including your logo and screenshots) in our portfolio, website and marketing material; and
• We may include a small, unobtrusive “Site by VVRapid Digital” or similar credit in the footer of your website, which may link to our website.

7. Hosting, Maintenance and Uptime

(This section applies only if we provide hosting and/or maintenance to you.)

7.1 Hosting environment

Where we provide hosting:

• We use third-party infrastructure (for example LiteSpeed-based hosting providers).
• We will take reasonable steps to provide a stable, secure and performant environment, subject to the limitations of those providers.

7.2 Uptime and performance

We aim for high uptime, but we do not guarantee 100% uptime or continuous availability. Downtime can occur due to, for example:

• Scheduled maintenance;
• Hardware or network failures;
• Security incidents;
• Issues with third-party providers;
• Events outside our reasonable control.

7.3 Backups

We may perform regular backups as part of certain hosting or maintenance plans, but:

• Backups can fail, be incomplete, or not capture all changes; and
• You remain ultimately responsible for maintaining your own backup copies of important data and content.

7.4 Suspension and termination of hosting

We may suspend or terminate hosting or related Services, with or without notice, if:

• You fail to pay hosting or related fees on time;
• Your site is hacked, insecure, generates excessive load, sends spam, or is used for unlawful or abusive activities;
• We are required to do so by law, a court order, or a competent authority; or
• Continuing to host the site poses a serious security or reputational risk.

We will, where practical, give you reasonable prior notice of suspension or termination and may assist with migration, subject to payment of all outstanding amounts and any additional migration fees.

8. Acceptable Use

You may not use our Services to:

• Host, upload or transmit content that is illegal, defamatory, fraudulent, hateful, discriminatory, obscene or otherwise objectionable;
• Infringe any intellectual property, privacy or other rights of third parties;
• Distribute malware, spyware, ransomware or any harmful code;
• Conduct phishing, hacking, denial-of-service attacks or other abusive activities;
• Send bulk unsolicited communications (spam); or
• Breach any applicable South African law, including the Electronic Communications and Transactions Act, 2002 (“ECTA”) and other regulations.

We reserve the right to remove or disable access to any content, or suspend Services, that we reasonably believe violates this clause.

9. Data Protection and Privacy

We respect your privacy and aim to comply with the Protection of Personal Information Act, 2013 (“POPIA”) and other applicable data protection laws in South Africa.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using our Services, you agree to our Privacy Policy.

Where we process personal information on your behalf (for example hosting your website and storing user data), we act as an operator under POPIA and will:

• Process the data only as necessary to provide the Services and follow your lawful instructions;
• Take reasonable technical and organisational measures to protect the data; and
• Notify you of any serious data breaches we become aware of, where required by law.

You are responsible for ensuring that your own website, app or system complies with POPIA and other applicable laws (for example by having proper privacy notices, consent mechanisms and cookie practices).

10. Third-Party Services and Integrations

Our Services may rely on or integrate with third-party services, including:

• Domain registrars and hosting providers
• Email and marketing services
• Payment gateways
• Analytics and tracking tools
• WordPress themes and plugins or other libraries

We do not control these third parties and are not responsible for:

• Their availability, performance, security or terms; or
• Any loss or damage arising from your use of them.

Your use of third-party services is governed by their own terms and privacy policies, which you should review.

11. Warranties and Disclaimers

11.1 General

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not warrant that:

• The Services will be uninterrupted, timely, secure or error-free;
• Any defects or errors will be corrected immediately;
• The Services will meet all of your particular requirements, beyond what we explicitly agree in writing; or
• Any specific results (for example search engine rankings, traffic, sales or revenue) will be achieved.

11.2 Consumer rights

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Protection Act, 2008, POPIA, or any other South African law that cannot be legally limited or excluded.

12. Limitation of Liability

To the maximum extent permitted by South African law:

1. We will not be liable for any indirect, consequential, special or punitive damages, or any loss of profit, revenue, business, data, goodwill or anticipated savings, arising out of or in connection with these Terms or your use of the Services, whether based on contract, delict (tort), statute or otherwise.
2. Our total aggregate liability to you for all claims arising from or relating to these Terms or the Services, whether in contract, delict (tort) or otherwise, will be limited to the total amount you actually paid to us in the 6 (six) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for death or personal injury caused by gross negligence, fraud, or any other liability which cannot lawfully be limited or excluded.

13. Indemnity

You agree to indemnify, defend and hold harmless VVRapid Digital from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services;
• Any breach of these Terms; or
• Any content or data you provide that infringes the rights of third parties or breaches applicable law.

14. Termination

14.1 By you

You may cancel ongoing Services (such as hosting or maintenance) by giving us the notice period specified in your plan or, if not specified, at least 30 (thirty) days’ written notice.

Fees already paid for the current billing period are generally non-refundable, unless we are required by law to refund them.

14.2 By us

We may suspend or terminate any Services or these Terms:

• On reasonable written notice for convenience; or
• Immediately if you materially breach these Terms, misuse the Services, act unlawfully, or fail to pay amounts due.

14.3 Effect of termination

Upon termination:

• All outstanding amounts owed to us become immediately due and payable;
• We may disable access to hosting, systems or Services after a reasonable period;
• We may, at your request and subject to full payment and any agreed fees, assist with transferring your website or data to another provider.

Clauses which, by their nature, should survive termination (such as payment obligations, IP provisions, disclaimers, limitations of liability and indemnities) will continue to apply.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page and may post a notice on our website.

If you continue to use the Services after changes take effect, you will be deemed to have accepted the updated Terms. If you do not agree with the changes, you should stop using the Services.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles.

If a dispute arises, the parties will first try to resolve it amicably through good-faith discussions. If we cannot resolve the dispute within a reasonable time, it may be referred to the competent courts of South Africa, which will have jurisdiction.

17. General

• If any provision of these Terms is found to be invalid or unenforceable, that provision will be applied to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
• You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• These Terms, together with any Project Agreement and our Privacy Policy, constitute the entire agreement between you and VVRapid Digital regarding the Services.

18. Contact Us about the Terms of Service

If you have any questions about these Terms, please contact:

VVRapid Digital
Email: [email protected]
Location: Cape Town, Western Cape, South Africa