Terms of Service

These terms govern your use of www.wekode.dev and, where we say so, the services WeKode provides. By using this website you accept these terms. If you do not accept them, please do not use the site.

Where we agree to carry out work for you, that work is governed by a separate written agreement, proposal, or quotation (a “Project Agreement”). If anything in a signed Project Agreement conflicts with these terms, the Project Agreement wins for that engagement.

• Registered name: registered entity name
• Registration number: company registration number
• VAT number: VAT number, or delete if not registered
• Registered address: street address, city, postal code
• Directors / members: names
• Email: [email protected]
• Telephone: +27 68 602 1556

These details are provided in part to meet the disclosure requirements of section 43 of the Electronic Communications and Transactions Act 25 of 2002.

You may view, download, and print material from this site for your own information. You may not:

• copy, republish, or resell any part of the site for commercial gain without our written permission;
• attempt to gain unauthorised access to the site, its servers, or any connected system;
• introduce malicious code, or interfere with the site’s normal operation;
• scrape or harvest content or data at a scale that burdens our infrastructure; or
• use the site in a way that breaks any applicable law.

Our portfolio section loads live client websites inside an embedded frame. Those sites belong to their owners, we do not control their content, and their inclusion is a demonstration of work delivered — not an endorsement of anything they publish.

WeKode provides web design and development, technical strategy and consulting, content management and automation, and managed hosting and security. The precise scope, deliverables, timeline, and price for any engagement are set out in the Project Agreement.

Descriptions of services on this website are indicative. They are an invitation to do business, not a binding offer, and nothing on this site obliges us to accept a particular project.

• Quotations are valid for e.g. 30 days from issue unless stated otherwise, and are based on the scope described in them.
• Deposits. Unless agreed otherwise, we require a deposit of e.g. 50% before work begins, with the balance payable on completion.
• Payment terms. Invoices are payable within e.g. 7 days of the invoice date.
• Currency and tax. Prices are quoted in the currency stated on the quotation and are / are not inclusive of VAT.
• Late payment. We may charge interest on overdue amounts at e.g. the prescribed legal rate and suspend work or hosting on e.g. 7 days’ written notice while an invoice remains unpaid.
• Recurring fees. Hosting, maintenance, and support are billed in advance for the agreed period and renew automatically unless cancelled in line with section 8.
• Third-party costs. Domains, licences, stock assets, and paid third-party services are charged at cost and are your responsibility unless the Project Agreement says otherwise.

We will carry out our work with reasonable skill and care, and use reasonable efforts to meet agreed timelines. Timelines assume you give us what we need when we need it.

You agree to:

• supply content, branding, access credentials, and approvals promptly;
• give us a single point of contact with authority to approve work;
• review deliverables and give consolidated feedback within e.g. 7 days; and
• confirm that content you supply is accurate, lawful, and that you hold the rights to it.

Revisions. Each stage includes e.g. two rounds of revision. Work beyond the agreed scope, or further revisions, will be quoted separately and only started once you approve.

Approval and go-live. If you do not respond to a deliverable within e.g. 14 days, we may treat it as approved so the project can proceed and be invoiced.

Defects. We will fix defects in our own work, reported within e.g. 30 days of go-live, at no charge. This does not cover changes to scope, faults in third-party services, or changes made by you or anyone else after handover.

• Your content. You keep ownership of everything you supply — text, images, logos, and data. You grant us the licence we need to use it to deliver the project.
• Deliverables. On receipt of payment in full, ownership of the custom design and code created specifically for you passes to you.
• Our toolkit. We keep ownership of the frameworks, libraries, components, templates, and know-how we bring to the job or develop generally. We grant you a perpetual, non-exclusive licence to use those elements as part of your deliverables.
• Third-party components. Open-source and licensed components remain subject to their own licences.
• Before payment. Until we are paid in full, we retain ownership of the deliverables and may withhold release or transfer.
• Portfolio. We may show the work, describe our role in it, and link to it in our portfolio and marketing, unless you ask us in writing not to.

• Availability. We aim for high availability and monitor the infrastructure we manage, but we do not guarantee uninterrupted service. Planned maintenance will be notified in advance where practical. If you offer a contractual uptime SLA with credits, set it out here.
• Backups. We take automated backups of the systems we host on a e.g. daily cycle and retain them for e.g. 30 days. You should keep your own copies of anything critical.
• Acceptable use. You may not use hosting we provide for unlawful material, spam, malware, infringing content, or anything that endangers the platform or other clients. We may suspend a service immediately to protect the platform or comply with the law.
• Domains. Where we register a domain for you, it is registered in your name where the registry allows. Renewal is your responsibility unless you have a maintenance plan covering it.
• Cancellation. Either of us may cancel a recurring hosting or support service on e.g. 30 days’ written notice, effective at the end of the paid period. Fees already paid are not refundable except where the law requires.
• Migration on exit. On request and once your account is settled, we will provide a copy of your site and data in a standard format. Hands-on migration assistance is charged at our standard rates.

Our referral programme pays a total commission of 20% of the project value, split into two payments: 10% when the referred client accepts their quotation, and 10% when the project is completed and paid in full. Referred projects must be valued at more than R2,000 to qualify. Full details are on the Referral Program page, which forms part of these terms.

In addition:

• the referral must be a new client, or a genuinely new project for an existing client, that we would not otherwise have engaged;
• you must identify the referral to us before or at the point of first contact — we cannot pay commission on an introduction we only learn about afterwards;
• commission is calculated on the agreed project value excluding VAT, recurring hosting and maintenance fees, and third-party costs, unless we agree otherwise in writing;
• if a referred client cancels, refuses payment, or receives a refund, we may withhold or reclaim the corresponding commission;
• you must not refer clients using spam, misleading claims, paid search on our brand name, or by implying you speak for WeKode; and
• commission is paid to bank transfer / agreed method within e.g. 14 days of the milestone being met. You are responsible for any tax you owe on it.

We may change or end the referral programme at any time on notice. Commission already earned on referrals made before the change will still be honoured.

Our work often integrates services we do not control — payment gateways, email providers, analytics, mapping, content platforms, and similar. Those services are governed by their own terms, may change or be withdrawn, and we are not responsible for their availability, performance, or pricing. Where a third-party change forces rework, we will quote for it separately.

Each of us may receive confidential information from the other during an engagement. Both of us agree to keep it confidential, use it only for the purpose of the engagement, and not disclose it without consent — except where disclosure is required by law, or the information is already public through no fault of ours. This obligation continues after the engagement ends. Personal information is also handled in line with our Privacy Policy.

We warrant that we will provide our services with reasonable skill and care, and that our work will not knowingly infringe anyone else’s intellectual property.

Beyond that, and to the fullest extent the law allows, this website and its content are provided “as is”. We do not warrant that the site or any system will be uninterrupted, error-free, or free of harmful components, or that any particular commercial result — traffic, ranking, conversions, or revenue — will follow from our work.

Nothing in these terms excludes or limits any right you have under the Consumer Protection Act 68 of 2008 or other law that cannot lawfully be excluded.

To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of anticipated savings, or loss of data, however it arises.

Our total liability arising out of or in connection with an engagement is limited to the total fees you paid us for that engagement in the e.g. 12 months before the claim arose.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud, or to any liability that cannot lawfully be limited.

Either party may end an engagement on e.g. 30 days’ written notice, or immediately if the other party commits a material breach and fails to fix it within e.g. 14 days of being asked to, or becomes insolvent.

If an engagement ends, you must pay for all work completed and costs committed up to that date. We will hand over completed deliverables you have paid for. Sections covering intellectual property, confidentiality, liability, and governing law survive termination.

Neither party is liable for failing to perform because of an event beyond its reasonable control — including power or network failure, provider or data-centre outage, cyber-attack, natural disaster, civil unrest, or government action. The affected party will tell the other as soon as practical and both will work to limit the impact. If such an event continues for more than e.g. 60 days, either party may end the affected engagement.

• Independent contractor. We work as an independent contractor. Nothing here creates a partnership, joint venture, or employment relationship.
• Subcontracting. We may use subcontractors, and remain responsible for their work.
• Assignment. Neither party may transfer its rights under an engagement without the other’s written consent, which will not be unreasonably withheld.
• Whole agreement. These terms together with the relevant Project Agreement are the whole agreement between us on their subject matter.
• Severability. If any provision is found unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a right immediately, we do not lose it.
• Notices. Notices may be given by email to the addresses the parties normally use to communicate.

These terms are governed by the laws of South Africa — confirm, given Malawian operations, and the parties submit to the non-exclusive jurisdiction of its courts.

Before starting legal proceedings, both parties agree to try to resolve the dispute in good faith, first by discussion between senior representatives and then, if that fails, by mediation.

Where a client contracts with a Malawian WeKode entity, consider a separate governing-law clause for those engagements.

We may update these terms from time to time. The effective date at the top of this page shows the current version, and the version in force when you enter a Project Agreement governs that engagement. Continuing to use the website after a change means you accept the updated terms.