1. About these terms
These terms apply to your use of www.elementui.co.za and to the services Element UI provides, including website and software development, e-commerce, AI integration, hosting, maintenance, design and social media marketing. By using the website or accepting a quote, you agree to these terms.
If a signed quote or written agreement contains different terms, that quote or agreement applies to the extent of the difference. Our company details are listed on the Legal Notice page.
Clauses in bold limit our liability, place risk on you or require you to indemnify us. Please read them carefully, as required by section 49 of the Consumer Protection Act.
2. Using the website
You may use this website for lawful purposes only. You must not:
- Attempt to gain unauthorised access to the website, its administration area or its systems.
- Submit false information, spam, malicious code or content that infringes anyone's rights.
- Copy, scrape or reuse our content, designs or code without our written permission.
Website content, including articles, is general information and not professional advice. Articles cite their sources; we take care to keep information accurate but do not guarantee it is complete or current.
3. Prices and quotes
- Prices on the website are in South African rand and are a guide. The price that applies to your project is the fixed total price on your written quote.
- Where VAT applies, it is shown on the quote and invoice.
- A quote is valid for the period stated on it. Work outside the quoted scope is quoted separately before we do it.
- You accept a quote by accepting it online through the link we send you, or in writing. Acceptance creates a binding agreement on the quote and these terms.
- If a price on the website is obviously wrong, we will tell you before you are bound and you may cancel without charge.
4. Payment
- Invoices are payable within the period stated on the invoice, by bank transfer (EFT) or online through PayFast where a payment link is provided.
- Hosting is billed monthly or annually in advance. Some hosting plans can be paid by PayFast recurring payment, which you can cancel at any time as set out in our Refund and Cancellation Policy.
- If an invoice is not paid on time, we may pause work or suspend hosting after giving you notice, and may charge interest on the overdue amount at the rate stated on the invoice, not exceeding the maximum rate allowed by law.
- Card payments are processed by PayFast. We never receive or store your card details.
5. Project delivery
We will perform services in a timely manner, with reasonable care and skill, and to the standard generally expected of the industry.
To keep a project on schedule, you agree to:
- Provide content, logins, branding and feedback within the agreed timelines.
- Make sure all content you supply is accurate, lawful and that you have the right to use it.
- Review and approve work at each agreed stage.
Delivery dates depend on receiving your input on time. Delays on your side may move the delivery date.
6. Hosting and maintenance
- We aim to keep hosted websites available at all times, but cannot guarantee uninterrupted service. Planned maintenance is scheduled to limit disruption.
- You are responsible for the content on your hosted website and for keeping your own copies of content you supply. We keep backups as described in your plan, but you remain responsible for having your own copies.
- We may suspend hosting without notice if a website is used for unlawful activity, spreads malware, or puts our servers or other clients at risk.
- Hosting continues until cancelled. Unless your quote or invoice states otherwise, either party may cancel with one calendar month's written notice, subject to your rights under the Consumer Protection Act.
7. Ownership and intellectual property
- Once you have paid in full, you own the final website or software we created specifically for you, including its design and custom code.
- Until full payment, all work remains the property of Element UI.
- We keep ownership of our pre-existing tools, frameworks and reusable components, and grant you a permanent licence to use them as part of your project.
- Open-source and third-party components (such as fonts, plugins and stock images) remain subject to their own licences.
- We may show completed work in our portfolio and case studies. Tell us in writing if you would prefer that we do not.
8. Third-party services
Projects may rely on third-party services such as domain registrars, payment gateways, email providers and plugins. Their own terms apply. We are not responsible for outages, price changes or policy changes by these providers, but we will help you deal with them.
9. Limitation of liability
To the extent permitted by law, our total liability arising from any service is limited to the amount you paid for that service. We are not liable for indirect or consequential loss, such as loss of profit, data or business opportunity.
Nothing in these terms limits liability for gross negligence or wilful misconduct, or any right you have as a consumer under the Consumer Protection Act or the Electronic Communications and Transactions Act that cannot lawfully be excluded.
10. Indemnity
You indemnify Element UI against claims by third parties arising from content you supply or publish on a website we build or host for you, including claims of copyright infringement or defamation.
11. Privacy
We process personal information in line with our Privacy Policy and POPIA Compliance page. Where we process personal information on your behalf (for example, customer data on a website we host), we act as your operator and will process it only on your instructions and keep it secure.
12. Electronic communications
You agree that quotes, invoices, acceptances and notices may be sent and concluded electronically, as recognised by the Electronic Communications and Transactions Act 25 of 2002. An electronic message is treated as received when it enters the recipient's mail system and can be retrieved.
13. Disputes and governing law
Please contact us first about any complaint and we will try to resolve it quickly. Consumers may also refer unresolved complaints to the Consumer Goods and Services Ombud or the National Consumer Commission.
These terms are governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the Magistrate's Court having jurisdiction, without excluding the High Court where a matter falls outside the Magistrate's Court's jurisdiction.
14. Changes to these terms
We may update these terms from time to time. The version on this page applies to your use of the website. The terms that applied when you accepted a quote continue to apply to that project.
