1. Definitions
- “We”, “us”, “our” refers to Web&AppPro operated by Terrence Munodei.
- “You” refers to any visitor to the website, and/or any client engaging our services.
- “Website” means this website and any pages, content and functionality provided on it.
- “Services” means professional development and related services (websites, web apps, mobile apps, prototypes, MVPs, managed website services, infrastructure implementation, AI integration, and project management) as described in a quote/proposal or statement of work.
- “Deliverables” means the outputs we agree to provide (code, designs, configurations, documentation, deployments, etc.).
2. Website use
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, do not use the Website.
You agree not to misuse the Website, including by attempting to gain unauthorised access, introducing malicious code, or interfering with the normal operation, security, or availability of the Website.
We may update, suspend, or discontinue any part of the Website at any time without notice.
3. Enquiries and communications
Information on the Website is provided for general purposes. Submitting an enquiry does not create a binding contract. We may request additional information to scope work accurately.
You are responsible for ensuring that information you provide is accurate, lawful, and does not infringe third-party rights.
4. Services and engagement
Any Services we provide are subject to an agreed quote/proposal and, where appropriate, a statement of work (“SOW”) or service agreement that defines scope, deliverables, pricing, and timelines. If there is a conflict between documents, the order of precedence is: (1) signed service agreement/SOW, (2) quote/proposal, (3) these Terms.
4.1 Change requests
Requests outside the agreed scope may require a change order (time and cost impact). We will communicate material impacts before proceeding.
4.2 Support and maintenance
Unless explicitly included, ongoing support/maintenance is not part of a one-off build. Managed services (e.g. hosting, updates, monitoring, backups) are provided only if included in your plan/contract.
5. Fees, deposits and payment
Fees are as set out in the quote/proposal or SOW. Unless otherwise stated:
- For custom milestone projects, a deposit (e.g. 30%–50% or as specified) is required to commence work; milestone payments apply.
- For full managed service websites and priority support, full payment is due upfront before service commences.
- Invoices are payable within 7 days (or as stated on the invoice).
Late payments may result in suspension of Services, delayed delivery, and/or additional costs. Where applicable, you remain responsible for third-party costs (domains, hosting, licences, API subscriptions, paid plugins, etc.) unless explicitly included in your plan.
Banking details:
- Bank: FNB
- Account Type: Current
- Account Name: Terrence Munodei
- Account Number: 62935008799
- Branch Code: 201709
- Branch Name: LONG STREET GARDENS 006
- Swift Code: FIRNZAJJ
Always use the reference provided on the invoice.
6. Timelines and delivery
Timelines are estimates unless explicitly stated as fixed in writing. Delivery depends on timely client feedback, approvals, and provision of required assets/content. Where delays are caused by the client or third parties, timelines may shift accordingly.
7. Client obligations
To enable successful delivery, you agree to:
- Provide required content, access and approvals promptly (e.g. hosting, domain, API keys, brand assets).
- Ensure you have rights to all materials you supply (text, images, logos, data).
- Maintain secure credentials and inform us immediately of suspected compromise.
- Use the Deliverables lawfully and in compliance with applicable regulations.
8. Intellectual property
8.1 Pre-existing materials
Any pre-existing tools, libraries, templates, or code we developed before your project (or independently of it) remain our property (or the property of the relevant third-party licensors). We may reuse general know-how and non-confidential techniques.
8.2 Project deliverables
Unless otherwise agreed in writing, once all invoices for the project are paid in full, you receive a licence to use the Deliverables for your business purposes. Where a full assignment/transfer of IP is required, it must be agreed in writing (and may affect pricing).
8.3 Third-party licences
Third-party components (open-source libraries, themes, plugins, fonts, images, APIs) are subject to their respective licences. You are responsible for complying with those licences.
9. Third-party services
Deliverables may integrate with third-party services (hosting, payment gateways, analytics, email services, AI providers, social platforms, etc.). We are not responsible for outages, changes, pricing, limitations, or policy decisions of third parties. Where you choose a vendor, you accept their terms and costs.
10. Warranties and disclaimers
We will provide Services with reasonable skill and care. Except as required by law, the Website and any general information on it are provided “as is” and “as available”.
Software is inherently complex and may contain defects. We do not guarantee uninterrupted operation, perfect security, or that Deliverables will be error-free in all environments. Any warranties are limited to those expressly stated in writing.
Security note: We can implement best-practice security, but no system can be guaranteed as 100% secure. You remain responsible for secure operational practices, including credential management and internal access controls.
11. Limitation of liability
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill, business interruption, or similar losses arising from or connected with the Website or Services.
Where liability cannot be excluded, our total aggregate liability is limited to the fees actually paid by you to us for the specific Services giving rise to the claim in the 3 months preceding the event (or such other amount as stated in the SOW/contract).
Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be limited by law.
12. Suspension and termination
We may suspend or terminate Website access or Services if you breach these Terms, fail to pay amounts due, or if continued service would create legal or security risk.
On termination, you remain liable for amounts due for work completed and committed third-party costs. Where practical, we will provide handover materials upon full settlement.
13. Privacy
Our processing of personal information is described in our Privacy Policy. By using the Website or submitting information, you acknowledge the Privacy Policy.
14. Governing law
These Terms are governed by the laws of the Republic of South Africa. You agree to the jurisdiction of the courts of South Africa, subject to any mandatory consumer protection provisions that apply to you.
15. Contact
For questions about these Terms, contact:
- Operator: Terrence Munodei (Web&AppPro)
- Email: hello@terrencemunodei.co.za
- WhatsApp: +27 61 728 1066
- Location: Cape Town, Western Cape, South Africa
16. Service Schedule (SOW)
This Service Schedule applies to managed website and MVP development plans that include ongoing support and hosting. It forms part of the Statement of Work (SOW) when you engage our managed services. Specific details may vary per plan; the signed contract always prevails.
Uptime guarantee
- 99.9% monthly uptime for managed hosting (excluding scheduled maintenance and force majeure events).
- Downtime is measured from the moment a confirmed outage is reported to full restoration.
- If uptime falls below 99.9% in any calendar month, a service credit of 5% of the monthly plan fee applies for each full hour of excess downtime, up to 100% of that month’s fee.
Backups
- Automated daily backups of website files and databases are taken and retained for 30 days.
- Backups are stored off‑site in a secure, encrypted location.
- On‑demand backup restoration is included at no extra charge up to once per month; additional restorations may incur a small fee.
- You are responsible for backing up any data that resides outside the managed environment (e.g., external APIs, third‑party SaaS).
Patching cadence
- Security patches for core CMS (e.g., WordPress), plugins, and server software are applied within 48 hours of release for critical vulnerabilities, and within 7 days for moderate/important updates.
- Feature updates and major version upgrades are scheduled during maintenance windows agreed with you, typically after testing in a staging environment.
- Unattended minor updates may be enabled to ensure immediate protection against known threats.
Support hours & response times
- Standard support hours: Monday–Friday, 08:00–17:00 SAST (excluding South African public holidays).
- Response times (from receipt of a clearly described support ticket via email or dedicated portal):
– Critical (site down, security breach): 2 business hours
– High (major functionality broken): 4 business hours
– Normal (minor issues, content changes, questions): 1 business day
– Low (cosmetic, feature requests): 2 business days - After‑hours emergency support is available for Critical issues at an additional hourly rate, or as specified in your plan.
What’s excluded
- Custom development, new features, or major redesigns (unless covered by a separate SOW or retainer).
- Content creation, copywriting, or image sourcing.
- SEO optimisation, digital marketing, or social media management.
- Third‑party service fees (domain registrations, premium plugin licences, API subscription overages, etc.) unless explicitly included in the plan.
- Issues caused by unauthorised code changes, misuse, or neglect by the client or their other contractors.
- Compatibility fixes for abandoned or unsupported third‑party plugins/themes.
- Backup restoration and support for environments not hosted on our managed infrastructure.
This schedule is a summary. The full SOW/contract will define exact terms, and in case of conflict the signed agreement prevails.