Terms & Conditions

Terms and Conditions

Welcome to KwaGqumusha ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website and services, including maintenance, marketing, and hosting solutions for websites and mobile applications.

By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree, please discontinue use of our services immediately.

1. Our Services

We provide the following:

Website & App Maintenance: Ongoing technical updates, bug fixes, and performance monitoring.
Marketing Subscriptions: Digital marketing campaigns, content promotion, and visibility management.
Hosting Solutions: Secure, reliable, and scalable hosting for websites and applications.

We may modify or discontinue any service at our discretion, with prior notice where reasonable.

2. Client Responsibilities

You agree to:

Provide accurate and current information when using our services.
Use our platforms and services only for lawful purposes.
Not engage in activity that could harm our systems, servers, or other clients.
Keep your login details and service credentials secure.

3. Payments and Billing

Payments are due according to the agreed billing cycle (monthly, quarterly, or annually).
Non-payment may result in service suspension or termination.
All fees are quoted in South African Rand (ZAR) unless otherwise stated.
We reserve the right to adjust pricing with prior notice.

4. Refund Policy

Our goal is to ensure client satisfaction. However, due to the nature of our digital services, refunds are limited to specific circumstances:

                        Eligibility for Refund:
                        A refund may be issued if a service was not delivered as promised, subject to investigation.
Hosting refunds are only available within the first 7 days of initial activation if no files or domains have been uploaded or configured.
Marketing subscriptions and maintenance retainers are non-refundable once work has commenced.

                    

                        Non-Refundable Situations:
                        Change of mind after service commencement.
Project delays caused by the client (e.g., missing content or approvals).
Partial months of service or unused time.

                    

                        Refund Procedure:
                        All refund requests must be made in writing to support@kwagqumusha.com within 7 days of service activation.
Refunds, if approved, will be processed within 10–15 business days.

                    

5. Service Availability

While we strive for continuous uptime, temporary downtime may occur due to maintenance, system upgrades, or factors beyond our control. We make every effort to restore services promptly.

6. Data Security and Privacy

We value your privacy and are committed to protecting your personal information.

a. Information We Collect:

We may collect:

Personal details such as your name, email, contact number, and billing information.
Website or app data related to maintenance and hosting performance.
Marketing analytics data for campaign effectiveness.

b. How We Use Your Information:

To provide, manage, and improve our services.
To communicate updates, invoices, and technical notices.
To comply with legal obligations and prevent fraudulent activity.

c. Data Protection:

We implement industry-standard security measures to protect your information. However, no electronic storage or transmission is 100% secure, and we cannot guarantee absolute data security.

d. Third-Party Sharing:

We do not sell, rent, or trade your data. Information may only be shared with trusted partners directly involved in delivering our services (e.g., hosting providers or payment gateways) — under strict confidentiality agreements.

e. Data Retention:

We retain client data only as long as necessary to fulfill service obligations or comply with legal requirements.

f. Your Rights:

You have the right to:

Request access to your personal information.
Request correction or deletion of your data (where legally permissible).
Withdraw consent for data processing.

Requests can be made by contacting us at support@kwagqumusha.com.

7. Intellectual Property

All designs, content, systems, and software developed by us remain our property unless otherwise stated in writing. Clients retain ownership of their logos, trademarks, and submitted content.

8. Confidentiality

We maintain strict confidentiality for all client data, project details, and communications unless disclosure is required by law or explicitly approved by the client.

9. Termination

Either party may terminate the agreement with written notice. Upon termination:

The client must settle all outstanding payments.
We will provide data exports or backups upon request.
Hosted content will be deleted after account closure.

We reserve the right to terminate immediately in cases of non-payment, abuse, or violation of these Terms.

10. Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages (including data loss or revenue loss) resulting from service use or failure.

Our total liability shall not exceed the total amount paid by the client for the affected service period.

11. Changes to Terms

We may update these Terms from time to time. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa. Any disputes shall be handled under the exclusive jurisdiction of the courts of Gauteng Province.

13. Contact Information

For any questions, support requests, or complaints, please contact us:

support@kwagqumusha.com
079 924 5025
Olakeni, Mbazwane, KwaZulu Natal, 3974