Legal
Terms and Conditions
These terms govern the services we provide, how we work together, and what happens if something goes wrong.
For hosting services, the Hosting Agreement is the cover page. This Terms page supplies the standard terms incorporated into it.
1. Who we are
These Terms and Conditions govern the relationship between Msimanga Vision (Pty) Ltd, trading as Mvision Web ("we", "us", "our"), and you ("you", "the client"). Msimanga Hosting is our hosting division. Our details appear at the end of these Terms.
By using our website, store, client area, hosting, email, domain, or other services, you agree to these Terms. If you do not agree, do not use the services.
2. Services
We provide websites, website design, branding, SEO, hosting, email, domains, support, and related digital services. The scope of a service is described on our website, in the store, or in a written quote or proposal. If there is a conflict, the written quote or proposal prevails for that project.
We do not display custom project prices on the marketing website. Prices for self-service products are displayed in the store. Custom project prices are quoted after a conversation about scope.
3. Quotes and proposals
Quotes and proposals are based on the information you provide and the scope described at the time. They are valid for seven days unless stated otherwise. Changes to scope, content, requirements, or timelines may change the price and delivery date. We will confirm any change in writing before doing the additional work.
4. Orders and acceptance
You can order self-service products through the store or accept a written proposal. A contract is formed when we accept your order or you accept our proposal. Hosting accounts are normally created after the first payment is received. We may refuse an order if it is unlawful, abusive, or outside our capacity.
5. Fees and payment
All fees are in South African rand (ZAR) unless stated otherwise. Payment methods include Paystack and electronic transfer where agreed. Custom projects normally require a 50% deposit before work starts and the balance on delivery. Hosting and domains are billed in advance. If an invoice is not paid, we may suspend or terminate the service after giving you notice where practicable.
6. Client responsibilities
You agree to:
- provide accurate contact, business, billing, domain, and technical information;
- provide content, images, logos, and other materials that you have the right to use;
- respond to questions and approve work within reasonable time;
- keep your login details secure and tell us about unauthorised access;
- keep your own backups of important content and data;
- use the services lawfully and in line with our Acceptable Use Policy;
- make sure your email and WhatsApp marketing has the necessary consent.
7. Timelines and revisions
Project timelines are estimates and depend on your feedback, content, and approvals. Most websites are completed within two to four weeks after we have everything we need. The scope includes a reasonable number of revisions. Additional revisions or new requirements may be billed separately. Delays caused by you may move the delivery date.
8. Third-party services
We rely on third parties such as domain registrars, payment gateways, hosting providers, email providers, Google, and social platforms. Their services are subject to their own terms and availability. We are not responsible for outages, policy changes, account suspensions, or pricing changes caused by a third party, but we will help you resolve issues where we can.
9. Hosting, domains, and email
Hosting is provided on DirectAdmin for new clients and Plesk for legacy clients. The hosting service is subject to our Service Level Agreement and Acceptable Use Policy. You are responsible for keeping your own backups. We may suspend or terminate hosting for non-payment, abuse, security risks, or unlawful content.
Domain registration and renewal are subject to the registrar's rules and the relevant registry. We will invoice you before renewal where possible, but we are not liable if a domain expires because you did not pay or respond. Domain fees are generally non-refundable once a registration or renewal has been submitted.
10. Intellectual property
When you have paid in full, you own the final website design and the content you supplied, subject to any third-party licences. We retain ownership of our pre-existing tools, code libraries, templates, methods, and know-how. Unless you ask us in writing not to, we may show the work in our portfolio and on social media. Third-party fonts, images, plugins, and software remain subject to their own licences.
11. Privacy and confidentiality
We process personal information in line with our Privacy Policy. We keep your business information confidential and use it only to provide the services, unless you agree otherwise or the law requires disclosure.
12. Warranties and disclaimers
We provide our services with reasonable skill and care. We do not guarantee specific search rankings, traffic, sales, leads, or income. After handover, you are responsible for maintaining your website, keeping software updated, and taking backups unless we have a separate maintenance agreement. Services are provided "as is" to the extent permitted by law.
13. Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, including lost profits, lost data, or lost business opportunities. Our total liability for a claim is limited to the fees you paid us for the service concerned in the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under the Consumer Protection Act or any other law.
14. Indemnity
You indemnify us against claims, losses, and costs arising from content or materials you supplied, your breach of these Terms, or your unlawful use of the services, including claims that your content infringes someone else's intellectual property or privacy rights.
15. Suspension and termination
We may suspend or terminate a service immediately if you breach these Terms, fail to pay, use the service for abuse, or create a security or legal risk. Hosting clients may cancel with 30 days' written notice. Custom project cancellations are handled under our Refund and Cancellation Policy. On termination, we may delete data after the retention period in our Privacy Policy. You should keep your own backups.
16. Force majeure
We are not liable for delays or failures caused by events outside our reasonable control, including power outages, network failures, natural disasters, labour disputes, cyber-attacks, or government action.
17. Dispute resolution
If a dispute arises, we will first try to resolve it through good-faith discussion. If that fails, we may agree to mediation before going to court. These Terms are governed by South African law, and the courts of South Africa have jurisdiction, unless the law gives you another forum.
18. Consumer rights
If you are a consumer, the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and other consumer laws may apply. Nothing in these Terms is intended to limit rights you cannot waive by agreement.
19. Changes
We may update these Terms from time to time. The latest version will be published on this page. Changes apply to new orders and, where the law allows, to existing services after we notify you.
20. Contact
Msimanga Vision (Pty) Ltd t/a Mvision Web
11 Spruyt St, Heidelberg, Heidelberg - GP, 1441
Email: hello@mvisionweb.co.za
Billing: billing@mvisionweb.co.za
Phone: 067 863 2867