01. Business information and contact

These contact details may be used for enquiries, cancellation notices and complaints. Any additional supplier information required by applicable law must be provided before a transaction is concluded.

02. Agreement and acceptance

We will provide these Terms and the applicable quotation or service proposal before you accept an order or pay a deposit.

Your written acceptance, electronic acceptance or payment of a deposit after receiving these Terms confirms your acceptance of the agreement. A website enquiry alone does not create a service agreement.

The agreement consists of these Terms and the accepted quotation, together with any subsequent changes agreed in writing. A specific provision in the accepted quotation takes precedence over a conflicting general provision in these Terms, subject always to applicable law.

Email and WhatsApp may be used for instructions, approvals and agreed changes, provided the sender is authorised to act for the relevant party.

03. Scope, quotations and additional work

The accepted quotation must identify the services, deliverables, price, payment stages, included revisions and any recurring charges. Where relevant, it must also identify page limits, product limits, integrations, content responsibilities and the estimated delivery schedule.

Work outside the agreed scope requires a separate quotation or written approval of the additional charges and any effect on delivery dates. This includes additional pages, products, features, substantial redesigns, content creation, image editing and changes to previously approved work.

A request for additional work does not authorise us to charge for it until you have approved the relevant cost or agreed charging basis.

Domain registration, hosting, premium themes, plugins, subscriptions, stock media, advertising expenditure and third-party charges are included only where expressly stated in the accepted quotation.

04. Deposit and payment

4.1 Deposit

A 50% deposit of the quoted project fee is payable before work begins or a production slot is confirmed, unless we agree otherwise in writing. The deposit is credited towards the total project price.

Deposits are non-refundable if you change your mind, cancel, abandon the project or fail to supply the information needed to proceed, except where a refund is required by law. Any amount retained following cancellation remains subject to the reasonable-charge requirements in section 6.

The deposit supports project scheduling, initial planning, administration and work undertaken. Payment of a deposit does not remove your statutory rights.

4.2 Balance and invoice deadlines

The remaining 50% is invoiced when the agreed work is substantially complete and available for review, unless the accepted quotation specifies a different milestone.

Invoices are payable within 30 calendar days of the invoice date. The initial deposit must nevertheless clear before commencement.

Unless otherwise agreed in writing, final launch, transfer of newly created project files and handover of new administrative access take place after payment has cleared. You may therefore need to pay earlier than the end of the 30-day period if you want an earlier launch or handover.

4.3 Disputed and overdue amounts

Please notify us promptly of an invoice dispute, explain the reasons and pay any undisputed portion by its due date. This does not restrict any statutory right to dispute a charge or withhold payment.

We may suspend affected services for overdue, undisputed amounts after written notice and a reasonable opportunity to remedy the non-payment. Where applicable law requires a particular notice or remedy period, that period applies.

Suspension does not authorise us to delete your data, take ownership of your domain or deny access to unrelated property belonging to you.

05. Client responsibilities, missing content and delays

You must supply the complete brief, scope decisions, text, images, product information, credentials, permissions and approvals reasonably needed for the agreed work. You must nominate an authorised contact and provide accurate, lawful material that you are entitled to use.

Delivery dates depend on your timely cooperation. We are not responsible for delay to the extent caused by missing content, incomplete instructions, unavailable access, late approvals or changes requested by you.

If information is missing, we will identify what is required and explain the effect on progress. Affected deadlines will be reasonably extended. We may pause the affected work and reschedule it according to available capacity when the outstanding requirements are received.

An invoice for work already performed or an agreed milestone already reached remains payable despite a subsequent client delay. However, missing content alone does not automatically make all unperformed work chargeable or cause the full balance to become due.

If the project cannot proceed for 30 calendar days because of outstanding client requirements, we may issue a written notice allowing a further 10 business days for you to respond and agree a workable schedule. If no workable arrangement is reached, we may close the project and account for it under section 6.

Any proposed restart fee, additional work or revised price must be explained and agreed before the project resumes.

06. Cancellation, deposits and refunds

Cancellation requests must be sent to info@ywyway.com or our published WhatsApp number. Please retain proof of your notice.

Subject to applicable law, on cancellation we may charge for:

• Services properly performed up to cancellation, calculated using agreed fees or a reasonable proportion of the project price.
• Approved third-party costs that have been incurred and cannot reasonably be recovered.
• A reasonable cancellation charge, where legally permitted.

We will provide an itemised calculation, credit payments already received and avoid charging twice for the same work or loss.

A reasonable cancellation charge will take account of the circumstances, including the notice given, the nature of the services, costs saved and our reasonable ability to fill the reserved production time with other work.

The deposit will be applied against the lawful amount due. We may retain the full deposit where that amount equals or exceeds the deposit. Where the lawful amount is lower, we will refund the difference. Any further amount claimed must be supported by the agreement and applicable law.

No cancellation charge will be imposed where prohibited by law, including qualifying circumstances involving death or hospitalisation under the Consumer Protection Act.

The deposit policy does not prevent remedies for our failure to perform, defective services, a valid cooling-off cancellation or any other legally required refund. Refunds will be made within the applicable statutory period or, if none is specified, within a reasonable period after the amount is determined.

07. Cooling-off and statutory cancellation rights

Where the Electronic Communications and Transactions Act (ECTA) applies and no statutory exception applies, a consumer may cancel an electronically concluded service agreement without reason or penalty within seven days after conclusion. Payments must be refunded within the statutory period.

If you want work to begin during that period, we will obtain your express consent before starting and explain that the ECTA cooling-off right does not apply to services begun with your consent during that period. Consent will not be inferred merely from payment of the deposit.

Where applicable, separate direct-marketing cooling-off rights and fixed-term agreement cancellation rights also remain available.

Nothing in these Terms excludes or limits a right that cannot lawfully be excluded or limited.

08. Delivery, review and revisions

The project schedule will be recorded in the accepted quotation or agreed in writing. We will notify you of material delays and provide a revised estimate.

You must review drafts and identify requested changes against the agreed scope. Consolidated feedback helps avoid conflicting instructions and unnecessary delay.

Included revision rounds must be stated in the quotation. Correction of our failure to meet the agreed specification is not treated as a chargeable change of scope.

We require written launch approval. Silence alone is not approval. Approval does not remove rights concerning defects that could not reasonably have been identified during review.

We will perform services with reasonable care and skill and provide remedies required by applicable law.

09. Hosting, domains, email and third-party services

The quotation or service schedule must state the hosting arrangement, renewal periods, applicable charges and any backup or support commitments.

Where we register a domain for you, you must be recorded as its registrant where the registry permits. You are responsible for supplying accurate registration details and paying agreed renewal fees on time.

We will provide reasonable renewal notice where we manage renewals. A domain or subscription may expire if the relevant payment is not received in time.

Third-party platforms, registrars, hosting providers, plugins, payment processors and software suppliers have their own terms, availability limitations and pricing. We will identify material third-party dependencies and charges relevant to your service.

We cannot guarantee uninterrupted availability, successful delivery of every email, or freedom from every security incident. These limitations do not excuse a failure by us to perform our own agreed obligations with reasonable care and skill.

Cancellation or migration arrangements must allow reasonable access to your domain, content and transferable data, subject to security verification and applicable law. Additional migration assistance may be quoted separately.

10. Maintenance, support, backups and security

Maintenance and support cover only the tasks, service period and allowances stated in the accepted package or quotation. Included or promotional support does not automatically include unlimited changes, new features or redevelopment.

Any included backup service must specify its frequency, retention period, coverage and restoration arrangements. We will perform the agreed backup obligations, and you should also keep copies of important business records and source material.

You must use strong passwords, protect access credentials and promptly report suspected unauthorised access. Material changes by you or another provider may affect compatibility, performance and the work required to support the site.

Unless otherwise agreed, ongoing services operate month to month and either party may end them on 30 calendar days’ written notice, subject to any more favourable statutory cancellation rights. Fixed-term services require a separately stated term and lawful cancellation arrangements.

Changes to recurring fees will be notified in writing at least 30 calendar days before taking effect. Changes during a fixed term require a lawful contractual basis or your agreement.

11. E-commerce, payment integrations and POS services

We provide only the setup, configuration, integration and support expressly included in the accepted quotation.

You remain responsible for your business operations, products, prices, stock, taxes, customer communications, fulfilment, refunds and the legal requirements applying to your sales.

Payment processors and other providers control their account approvals, transaction fees, settlement periods and platform decisions. We do not guarantee approval or a particular commercial outcome.

POS requirements—including supported devices, connectivity, licences, data migration, training and support—must be agreed before supply. Unless expressly agreed, the service should not be relied on to operate without internet connectivity.

You must participate in reasonable pre-launch testing of checkout, payment, delivery, stock and POS workflows. This does not transfer responsibility for our own configuration errors to you.

12. Search optimisation and business results

SEO, indexing, optimisation and advertising-related work are provided on the agreed scope and with reasonable care and skill.

We do not guarantee a specific search position, indexing date, traffic level, sales volume, advertising approval or revenue result. Such outcomes depend on factors beyond our control.

Advertising budgets and ongoing campaign management are included only where expressly stated.

13. Intellectual property and handover

You retain ownership of material you supply and grant us permission to use it as necessary to perform the services.

Once the agreed project fees have been paid, we assign to you, to the extent legally transferable, our rights in the final bespoke deliverables specifically created for your project. Any further formalities required to record the transfer will be reasonably completed.

Pre-existing tools, reusable components, third-party materials, open-source software, fonts, themes and plugins remain subject to their respective ownership and licence terms. We will disclose material restrictions affecting your intended use.

Unselected concepts and internal working materials are excluded unless the quotation includes them.

We will obtain your consent before displaying your project, name or logo in our portfolio.

14. Confidentiality and personal information

Both parties must protect confidential information received during the project and use it only for the agreed purpose or as lawfully required.

Personal information must be handled in accordance with applicable data-protection law and our Privacy Policy. Marketing consent is separate from acceptance of these Terms.

Where we process personal information on your behalf as an operator, the parties must record appropriate written arrangements covering instructions, confidentiality, security, service providers, incident reporting and return or deletion of data.

You must not provide sensitive production data where anonymised or test data is sufficient.

15. Liability and events beyond reasonable control

This section limits certain claims and should be read carefully.

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, including indirect loss of profit or opportunity.

To the extent permitted by law, our aggregate liability arising from an affected project is limited to the fees paid or payable for that project. For an ongoing service, the limit is the fees paid or payable for that affected service over the preceding 12 months.

These exclusions and limits do not apply to fraud, wilful misconduct, gross negligence, or liability and statutory remedies that cannot lawfully be excluded or limited. They apply only to the extent fair and enforceable in the circumstances.

Neither party is responsible for delay caused by an event genuinely beyond its reasonable control, provided it promptly notifies the other and takes reasonable steps to reduce the effect. This does not excuse payment for services already properly supplied.

If such an event materially prevents performance for a prolonged period, either party may terminate the affected services, with a fair accounting for completed work and refunds due for unperformed services.

16. Complaints, disputes and governing law

Please send complaints to info@ywyway.com with the project reference, relevant facts and requested resolution. We will acknowledge the complaint within five business days and aim to provide a substantive response within 15 business days, or explain why more time is needed.

South African law governs the agreement, subject to any mandatory protection that applies.

The parties will first try to resolve disputes through good-faith discussion. This does not prevent either party from seeking urgent relief or approaching a competent court, consumer authority, ombud or tribunal with jurisdiction. Arbitration is not compulsory under these Terms.

17. General provisions

Changes to these Terms apply to future agreements. Changes to an existing agreement require both parties’ written agreement unless a lawful existing provision expressly permits the particular change.

If a provision is unenforceable, the remaining provisions continue to apply to the extent possible without creating an unfair result.

Failure to enforce a provision immediately does not waive the right to enforce it later.

Each party should retain the accepted quotation, these Terms, approvals, invoices and relevant correspondence. We will supply a copy of the agreement and transaction records we hold on reasonable request, subject to applicable retention and privacy requirements.