1. Your statutory rights
This policy does not limit any right you have under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Where this policy and the law differ, the law applies. The consumer rights below apply to natural persons and to businesses that qualify as consumers under the CPA.
2. Cooling-off period for online agreements
If you conclude an agreement with us online (for example, by accepting a quote or paying an invoice through our website), you may cancel it without reason or penalty within seven days of concluding the agreement, as provided in section 44 of ECTA.
Under section 42 of ECTA, this cooling-off right does not apply to services that began, with your consent, before the seven days ended. If you ask us to start work immediately, you will be asked to confirm this.
If an agreement resulted from direct marketing by us, you may also cancel it within five business days under section 16 of the CPA.
We refund any payment due after a cooling-off cancellation within 30 days.
3. Cancelling a project
You may cancel a project at any time by notifying us in writing. If work has already started:
- We will refund the amount you paid, less a reasonable charge for work completed up to the date of cancellation.
- Costs we paid to third parties for your project, such as domain registrations, licences, themes or stock images bought in your name, are not refundable once purchased. These items are handed over to you.
- We will give you a breakdown of the work completed and costs incurred.
- Work you have paid for is handed over to you on settlement.
4. Cancelling hosting and recurring services
- Monthly plans: cancel at any time with one calendar month's written notice. You pay for the notice period and services stop at the end of it.
- Annual plans and fixed-term agreements: consumers may cancel on 20 business days' notice under section 14 of the CPA. We refund the unused portion, less a reasonable cancellation charge as allowed by the CPA Regulations.
- PayFast recurring payments: you can cancel the subscription in your PayFast account or ask us to cancel it. Cancelling the payment does not cancel the hosting itself, so please also tell us.
- Before hosting ends, we will help you move your website and give you a copy of your files on request.
5. Services not performed properly
If a service was not performed to the agreed standard, tell us within a reasonable time after you become aware of the problem. Under section 54 of the CPA, we will either fix the problem at no extra cost or refund a reasonable portion of the price, depending on the extent of the failure.
6. How to request a cancellation or refund
- Email info@elementui.co.za with your invoice or quote number and the reason for your request.
- We will acknowledge your request within two business days.
- Approved refunds are paid by EFT to your nominated account, or back through PayFast for online payments, within 30 days.
See also our Terms and Conditions. If you are not satisfied with the outcome, you may refer the matter to the Consumer Goods and Services Ombud or the National Consumer Commission.
