Terms of
Service

1. Introduction

These Terms & Conditions ("Terms") govern the relationship between FutureFy (Pty) Ltd ("FutureFy", "we", "us", or "our") and you ("the Client", "you", or "your") when you use our website design, development, hosting, and related digital services.

By requesting a free preview, making a payment, or otherwise engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act, 2008 ("CPA"), and the Electronic Communications and Transactions Act, 2002 ("ECTA").

2. Our Services

FutureFy designs and builds professional websites for South African businesses. Our standard service includes:

• Custom website design and development
• Domain name registration (where applicable)
• Website hosting
• Search engine optimisation (SEO) setup
• Ongoing support and maintenance (as specified in your plan)

3. Free Preview

We offer one (1) free draft preview of a website design for your business, at no cost or obligation. The free preview is intended to demonstrate our capabilities and give you a starting point.

• The free preview is provided as-is for evaluation purposes only
• You may use the preview to decide whether to engage our paid services
• The preview draft remains the intellectual property of FutureFy (see Section 6)
• We reserve the right to limit, modify, or discontinue the free preview offer at any time

4. Paid Services and Revisions

To proceed beyond the free preview—including revisions, alternative design directions, and additional work—payment is required.

• Once payment is received, we will work with you to refine and finalise your website design
• You may request revisions and provide feedback during the design process. We will make reasonable efforts to incorporate your requests
• The number of revision rounds included depends on your selected plan. Additional revisions beyond the included rounds may incur extra charges, which will be communicated to you in advance
• We may take a new design direction based on your feedback, using the free preview as a starting point or departing from it entirely

5. Money-Back Guarantee

We want you to be completely happy with your website. Our money-back guarantee works as follows:

5.1 Eligibility

• After payment, we will work with you through the design and revision process
• Once design work is complete and before we register your domain name and put the website live, you may request a full refund if you are not satisfied with the resulting website
• To request a refund, email us at hello@futurefy.com with the subject line "Refund Request"

5.2 After going live

• Once your domain has been registered and your website has been published (gone live), the money-back guarantee no longer applies
• Domain registration fees paid to third-party registrars are non-refundable regardless of when a refund is requested

5.3 Effect of a refund

• If a refund is issued, all design work, code, content, and other deliverables produced by FutureFy for your project remain the sole property of FutureFy (see Section 6)
• You may not use, reproduce, publish, or distribute any materials from the project after a refund has been issued
• FutureFy may reuse or repurpose any such materials at its sole discretion

6. Intellectual Property and Ownership

6.1 During the design process (before full payment)

All website designs, code, graphics, copy, layouts, and other creative work produced by FutureFy—including the free preview draft—are and remain the intellectual property of FutureFy until full payment has been received and the money-back guarantee period has passed (i.e., the site has gone live).

6.2 After full payment and going live

Once you have paid in full and your website has gone live (and no refund has been requested), ownership of the custom website design and content created specifically for your project transfers to you. This includes:

• The website design and layout created for you
• Custom graphics and images created specifically for your project
• Website copy written specifically for your business
• The domain name registered on your behalf

6.3 What FutureFy retains

Regardless of ownership transfer, FutureFy retains:

• The right to use your completed website in our portfolio, case studies, and marketing materials
• Ownership of our underlying tools, frameworks, templates, code libraries, and processes used in creating your website
• The right to use general knowledge, techniques, and experience gained during the project

6.4 After a refund

If a refund is issued under Section 5, no ownership transfer occurs. All materials remain the exclusive property of FutureFy. You must not use, copy, or display any designs, code, or content from the project.

6.5 Your content

Any content you provide to us (logos, photographs, text, branding materials) remains your property. You grant FutureFy a licence to use this content solely for the purpose of delivering the agreed services.

7. Client Responsibilities

To enable us to deliver your website, you agree to:

• Provide accurate and complete information about your business
• Supply any requested content, images, and branding materials in a timely manner
• Review drafts and provide feedback within a reasonable timeframe
• Ensure that any content you provide does not infringe the intellectual property rights of any third party and does not contain unlawful material
• Not use the website for any unlawful purpose

Delays caused by failure to provide requested information or feedback may result in project delays, for which FutureFy shall not be held responsible.

8. Payment

• Prices for our services are as quoted on our website or in a written proposal
• All prices are in South African Rand (ZAR) and include VAT where applicable
• Payment is due as specified at the time of purchase (e.g., upfront or per the agreed payment schedule)
• We accept payment methods as indicated on our website or payment page
• Failure to make payment when due may result in suspension or termination of services

9. Hosting and Ongoing Services

If your plan includes hosting and/or ongoing services:

• Hosting fees are billed on a recurring basis (monthly or annually, as specified in your plan)
• We will make reasonable efforts to ensure your website is available and performing well, but do not guarantee 100% uptime
• We reserve the right to suspend hosting if payment is overdue by more than 14 days
• You may cancel hosting at any time by giving us 30 days' written notice. Upon cancellation, we will provide you with a copy of your website files and assist with migration where reasonably practicable

10. Limitation of Liability

• FutureFy's total liability to you for any claim arising from our services shall not exceed the total amount you have paid us for the specific service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill
• We are not liable for any loss or damage arising from circumstances beyond our reasonable control, including but not limited to internet outages, third-party service failures, or force majeure events
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including the CPA

11. Termination

• Either party may terminate the engagement by giving written notice to the other party
• If you terminate before the website goes live and a refund is issued, Section 5.3 and Section 6.4 apply
• If you terminate after the website has gone live, no refund is due for design work already completed. Hosting fees may be prorated to the date of termination
• FutureFy may terminate or suspend services if you breach these Terms, fail to make payment, or if continuing would be unlawful

12. Warranties and Disclaimers

• We warrant that our services will be performed with reasonable skill and care
• We do not guarantee specific results such as search engine rankings, traffic levels, or conversion rates
• Except as expressly stated in these Terms, all warranties, representations, and conditions (whether express or implied) are excluded to the maximum extent permitted by law
• Our website and services are provided "as is" to the extent permitted by the CPA

13. Privacy

We collect and process personal information in accordance with our Privacy Policy, which forms part of these Terms. By using our services, you acknowledge that you have read and understood our Privacy Policy.

14. Dispute Resolution

In the event of a dispute arising from or in connection with these Terms:

1. The parties shall first attempt to resolve the dispute through good-faith negotiation
2. If the dispute is not resolved within 14 days, either party may refer the matter to mediation
3. If mediation fails, either party may pursue their rights through the appropriate South African courts

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page. Changes apply to services engaged after the date of the update. Existing engagements will continue under the Terms in effect at the time of purchase, unless you agree to the updated Terms.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any written proposal or invoice, constitute the entire agreement between you and FutureFy regarding the services described herein. They supersede all prior agreements, understandings, and representations.

19. Contact Us

If you have questions about these Terms, please contact us:

• Email: hello@futurefy.com
• Website: futurefy.com