Terms & Conditions
Last updated: 04 June 2026 | Tswalenki | tswalenki.co.za
These Terms and Conditions ("Terms") govern your use of the Tswalenki Website Management System ("WMS", "Platform") and all services provided by Tswalenki ("we", "us", "our") through tswalenki.co.za. By registering an account or placing a service request, you agree to be bound by these Terms.
1. Definitions
- "Platform" — the Tswalenki WMS web application at tswalenki.co.za
- "Client" — any registered user of the Platform
- "Managed Client" — a Client with an active domain-verified account
- "Service" — any work performed by Tswalenki including development, support, modifications, add-ons
- "Project" — a new website development engagement (full build)
- "Add-on Service" — a standalone service not bundled with a full project
2. Account Registration
- Managed accounts must register with a verified business domain email address
- Public email providers (Gmail, Yahoo, Hotmail, Outlook, iCloud, ProtonMail and similar) are not permitted for Managed accounts
- Using Google Workspace or Microsoft 365 with your own business domain is acceptable
- Each account represents one business or individual — sharing is not permitted
3. Payment Terms — Choose Your Plan
You choose how you pay. For website development projects you can elect either:
- 60% upfront / 40% on completion — pay 60% to start; balance only when you're satisfied
- Pay in full upfront — one payment, no balance due later
For small add-on services and individual tickets, Tswalenki may require full payment upfront — this will be shown clearly before you place the order.
Upfront fees are non-refundable once development work has commenced. If you cancel before work has started, you may request a full refund within 48 hours of payment.
4. Website Projects — Post-Delivery Free Modification Window
10 Calendar Days of Free Minor Modifications. After your website is handed over and the final payment is made (or full payment received), you get 10 days to request minor changes at no additional charge.
Scope of free modifications — exactly what's covered
This is where most disputes happen, so we're being explicit. The rule is simple: if it changes only what already exists and does NOT touch the database, it's free. If it adds new functionality or touches the database, it's billed.
| Status | Type of Change |
|---|
| ✓ FREE | Changing existing visual design — colours, fonts, layout, image sizing, button styling |
| ✓ FREE | Updating existing text content, page copy, headings, captions, link URLs |
| ✓ FREE | Swapping or repositioning existing images and media |
| ✓ FREE | Modifying existing functions or interactive behaviour (animations, transitions, form fields that already exist) |
| ✓ FREE | Removing any element that does NOT require database changes — sections, blocks, buttons, content |
| ✗ CHARGED | Any change that touches the database structure or stored data — new tables, fields, queries, records, schema changes |
| ✗ CHARGED | Adding NEW functionality — features, integrations, third-party APIs, new pages |
| ✗ CHARGED | Adding new database fields, tables or stored records |
| ✗ CHARGED | Removing items that would require database changes (deleting a form that stores data, removing a content type, etc.) |
The free modification window expires after 10 calendar days from handover OR upon the first paid modification request — whichever comes first.
Tswalenki's determination of whether a request falls within free-scope or paid-scope is final. We will always inform you up front before charging — you never get a surprise invoice.
5. Add-on Services & Standalone Tickets
Add-on services and individual tickets ordered outside of a full website project are not covered by the 10-day free modification window. They are billed at the price displayed at the time of order, and the deliverable is provided as specified.
Any further changes to a delivered add-on must be submitted as a new paid ticket.
6. Turnaround Times
- Simple websites: 2–3 business days from payment confirmation
- Medium websites: 5–7 business days from payment confirmation
- Large & E-Commerce: As quoted per project
- Support tickets: Reviewed within 24 hours; work begins within 48 hours of approval
- Add-on services: As quoted at order time
7. Client Responsibilities
- Provide accurate, complete and timely content (text, images, logos)
- Respond to queries and review requests within a reasonable timeframe (typically 48 hours)
- Ensure content does not infringe third-party intellectual property rights
- Maintain accurate contact information on your Platform profile
- Not attempt to circumvent, hack or abuse the Platform
8. Intellectual Property
- Upon full payment, you own the website and all custom content created
- Tswalenki retains ownership of proprietary frameworks and code libraries used in development until full payment
- Tswalenki reserves the right to display completed projects in our portfolio, unless you object in writing
- You warrant that content you supply does not infringe any third-party rights
9. Hosting and Domain
- Website hosting is the Client's responsibility unless a hosting package is expressly included
- We can recommend hosting and assist with setup; we are not responsible for third-party hosting outages
- Domain registration and renewal fees are the Client's responsibility
- Free domain transfers bring your domain under our management for DNS and email configuration — you retain ownership
10. Limitation of Liability
- Tswalenki's total liability for any claim shall not exceed the amount paid for the specific service that gave rise to the claim
- We are not liable for indirect, consequential, or business-loss damages
- We are not responsible for downtime, data loss or security issues caused by third-party hosting providers
- We are not liable for delays caused by the Client's failure to provide required materials or approvals
11. Termination
- Either party may terminate an ongoing relationship with 30 days' written notice
- Outstanding invoices remain due upon termination
- We may terminate immediately for breach of these Terms, fraud, or non-payment
- Upon termination, you retain ownership of all fully-paid-for deliverables
12. Privacy & Data Protection
Our handling of personal data is governed by our Privacy Policy. We comply with POPIA, GDPR, and other applicable data protection laws based on the Client's jurisdiction.
13. Governing Law and Dispute Resolution
- These Terms are governed by the laws of South Africa, where Tswalenki is registered
- Disputes are first subject to good-faith negotiation, then mediation, before legal proceedings
- The parties consent to jurisdiction as set out by the laws of the operating territory
14. Referral and Affiliate Programme
- Referral rewards (free domain) and affiliate credits are subject to admin approval
- Rewards have no cash value and cannot be exchanged for money
- Free domains are valid for 12 months (domain registration only, hosting not included)
- Affiliate credits may be applied against invoices as a discount
15. Acceptance
By registering an account, submitting a service request, or accepting an agreement generated for your engagement, you confirm you have read, understood and agree to these Terms, our Privacy Policy, and the Service Agreement specific to your engagement type.
Quick Summary
✦ Choose 60/40 split OR pay in full — your call on website projects
✦ Add-on services: pay upfront, no free-mod window
✦ Website projects: 10 calendar days of free minor mods — changes to existing stuff only
✦ Anything touching the database is billed, even within 10 days
✦ Anything adding NEW functionality is billed, even within 10 days
✦ Business domain email required for managed accounts
✦ Technical support is always free
16. Contact