Terms & Conditions

These Website Terms and Conditions ("Terms") govern your access to and use of the website operated by WebMax (Pty) Ltd, trading as WebMax ("WebMax", "we", "us" or "our").

WebMax is a South African digital transformation and technology company providing digital, cloud, software, artificial intelligence, automation, data, cybersecurity, consulting, managed technology and related services to businesses and organisations.

By accessing or using the WebMax website, submitting an enquiry, requesting a proposal, booking a consultation, purchasing a service, creating an account, or otherwise interacting with our online services, you agree to these Terms.

If you do not agree with these Terms, please do not use the website.

1. About WebMax

WebMax provides technology and digital transformation services including, but not limited to:

Website development
Custom software development
Web and mobile applications
Cloud solutions and cloud migration
Microsoft Azure and other cloud infrastructure services
AI and process automation
Enterprise data platforms
Business intelligence and analytics
CRM and business systems
Cybersecurity and compliance solutions
IT support and managed services
Digital marketing and SEO
Technology consulting
Systems integration
Hosting and infrastructure-related services
Domain-related services
Maintenance and technical support
Other technology services agreed with a client

The services available at any particular time may change. Information regarding our capabilities and service areas is available on the WebMax website.

2. Company information

Legal name: WebMax (Pty) Ltd
Trading name: WebMax
Country: South Africa
Email: info@webmaxsolution.com
Telephone: +27 63 091 6423
Cape Town office: Robert Sobukwe Rd, Bellville, Cape Town, South Africa, 7535
Johannesburg office: 112 North Rd, Sandown, Sandton, Johannesburg, South Africa, 2196

WebMax serves clients across Africa and internationally.

3. Acceptance of these Terms

By using the WebMax website or interacting with WebMax through the website, you acknowledge that:

You have read these Terms
You understand them
You agree to comply with them
You have authority to act on behalf of any organisation you represent, where applicable
You will use the website and WebMax services lawfully

If you use WebMax services on behalf of a company, organisation or other legal entity, you confirm that you have authority to bind that entity to any applicable agreement, proposal, statement of work, order form or service agreement.

4. Website use

You may use the WebMax website for legitimate purposes, including:

Learning about WebMax
Requesting information
Requesting proposals or quotations
Booking consultations
Contacting WebMax
Applying for employment opportunities
Accessing available client services
Purchasing or requesting WebMax services where online purchasing is enabled

You may not use the website to:

Commit fraud
Misrepresent your identity
Submit false information
Attempt unauthorised access
Attack or interfere with WebMax systems
Introduce malware, viruses or malicious code
Scrape or systematically copy website content
Conduct security testing without written authorisation
Circumvent authentication or security controls
Abuse website forms or communication systems
Infringe intellectual property rights
Violate applicable law
Interfere with another person's use of the website

5. Website information

WebMax makes reasonable efforts to ensure that information published on the website is accurate and useful. However, website information is provided for general informational purposes and may change.

We do not guarantee that every website page, service description, price, technical specification, availability statement or other information will always be complete, accurate, current, error-free or available.

A description of a service on the website does not automatically constitute a binding offer to provide that service.

6. Proposals, quotations and statements of work

Technology projects are normally delivered according to a proposal, quotation, statement of work ("SOW"), service agreement, order form or other written agreement. Where such an agreement exists, the specific agreement will govern the relevant project or service.

The agreement may specify:

Scope
Deliverables
Project milestones
Timelines
Client responsibilities
Fees
Payment terms
Third-party services
Hosting arrangements
Support arrangements
Maintenance
Intellectual property
Acceptance criteria
Change requests
Termination arrangements

Where there is a conflict between these website Terms and a signed client agreement, the signed client agreement will generally take precedence for that specific engagement.

7. Project scope

WebMax projects are delivered according to the agreed scope.

Requests outside the agreed scope may constitute additional work and may require:

A change request
Additional fees
Additional development time
Revised delivery dates
A separate statement of work

WebMax will, where reasonably possible, notify the client before undertaking material additional chargeable work.

8. Client responsibilities

Clients are responsible for providing information, approvals, access credentials, content, branding, technical requirements and other materials reasonably required for delivery. Client delays may affect project timelines.

Where WebMax is waiting for required client information, approvals or access, the relevant delivery date may need to be adjusted. Clients are also responsible for ensuring that materials supplied to WebMax do not infringe third-party rights or applicable law.

9. Third-party services

WebMax may integrate or rely upon third-party platforms and services, including cloud providers, hosting providers, payment providers, communication platforms, domain registries, software platforms, APIs and other technology providers.

Third-party services may include, where appropriate:

Microsoft Azure
Google services
Payment providers
Domain registrars
Hosting platforms
Email providers
AI providers
Analytics platforms
Software licences
API providers
Other infrastructure or technology providers

Third-party services may be subject to separate terms, pricing, availability and technical limitations. WebMax is not responsible for failures caused exclusively by a third-party provider, although we will make reasonable efforts to assist with issues affecting a WebMax-managed service.

10. Cloud, hosting and infrastructure services

Where WebMax provides hosting, cloud infrastructure, managed infrastructure, monitoring, backup, security or related services, the applicable service agreement or proposal will determine the specific service levels and responsibilities.

Unless expressly agreed in writing, no specific uptime, recovery time objective, recovery point objective or service-level commitment should be inferred from general website statements. Cloud infrastructure may depend upon third-party providers and their availability.

11. Software and digital products

Where WebMax develops custom software, websites, portals, applications, dashboards or other digital systems, ownership and licensing rights will be determined by the applicable client agreement.

Unless expressly agreed otherwise, payment for development does not automatically transfer ownership of:

WebMax's pre-existing intellectual property
Frameworks
Libraries
Reusable components
Internal tools
Templates
Development methodologies
Infrastructure configurations
General know-how
Security systems
Proprietary systems
Third-party software

The client receives the rights specifically granted under the applicable agreement.

12. Intellectual property

WebMax and its licensors retain all rights in WebMax-owned website content and technology, unless ownership is expressly transferred under a written agreement.

This includes:

WebMax branding
Logos
Website designs
Text
Graphics
Software
Code
Templates
Documentation
Methodologies
Frameworks
Internal tools
Dashboards
Systems
Processes
Marketing material
Other intellectual property

You may not reproduce, distribute, modify, reverse engineer, sell, licence or commercially exploit WebMax intellectual property without written permission.

13. Client content

Where a client provides content, data, images, documents, branding, software, credentials or other materials to WebMax, the client remains responsible for having the necessary rights and permissions to provide those materials.

The client grants WebMax the permissions reasonably necessary to use those materials for the purpose of delivering the agreed services.

14. Confidentiality

WebMax recognises that clients may provide confidential business, technical, financial, operational or other information. Where confidentiality obligations apply, they will be governed by the applicable agreement, confidentiality agreement or other written arrangement.

WebMax will not intentionally disclose confidential client information except:

With the client's authorisation
To authorised service providers where reasonably required to provide the service
Where required by law
To protect WebMax's rights or systems
In other circumstances permitted by applicable law

15. Personal information and POPIA

WebMax may process personal information in connection with website enquiries, consultations, projects, support services, accounts and other business interactions. WebMax will process personal information in accordance with applicable law, including the Protection of Personal Information Act 4 of 2013 (POPIA) where applicable.

Personal information may be processed for purposes including:

Responding to enquiries
Providing services
Managing client relationships
Delivering projects
Providing support
Processing payments
Managing accounts
Security and fraud prevention
Compliance
Business administration
Other lawful purposes

See the Privacy Policy and POPI Act notice for more detail.

16. Security

WebMax takes reasonable steps to protect its systems and services. However, no online system, network, cloud service or electronic communication can be guaranteed to be completely secure.

Clients are responsible for maintaining the security of their own:

Accounts
Passwords
Devices
Access credentials
API keys
Authentication systems
Other systems under their control

Clients must immediately notify WebMax if they suspect unauthorised access to a WebMax-managed service.

17. AI services

WebMax may provide artificial intelligence and automation services. AI-generated outputs may contain inaccuracies, omissions or errors.

Unless expressly agreed otherwise, AI outputs should not be treated as a substitute for professional legal, financial, medical, regulatory or other specialist advice. Clients remain responsible for reviewing AI-generated outputs before relying upon them for material business decisions.

Where AI systems process client or personal data, the applicable data-processing, privacy and contractual requirements will apply.

18. Cybersecurity services

Where WebMax provides cybersecurity services, the scope of those services will be defined by the applicable agreement. Security testing, penetration testing, vulnerability assessment, monitoring and related activities may only be performed against systems for which WebMax has appropriate authorisation.

A cybersecurity assessment does not guarantee that every vulnerability or threat will be identified.

19. Consultations and appointments

WebMax may offer consultation and discovery sessions through the website. Appointments are subject to availability. WebMax may reschedule a consultation where reasonably necessary.

Clients are expected to provide accurate contact information and attend scheduled appointments. Repeated failure to attend appointments may result in cancellation of the appointment or other reasonable administrative measures.

20. Payment

Where WebMax provides paid services, payment terms will be communicated through the applicable proposal, quotation, invoice, subscription agreement or service agreement.

Depending on the engagement, WebMax may require:

Deposits
Upfront payments
Milestone payments
Monthly recurring payments
Subscription fees
Hosting fees
Domain fees
Third-party licence fees
Support fees
Other agreed charges

Failure to pay an undisputed amount when due may result in suspension of applicable services, subject to the applicable agreement and law.

21. Domain names

Where WebMax assists with domain registration or management, domain names remain subject to the policies and requirements of the relevant domain registry or registrar. Payment for a domain-related service does not guarantee that a requested domain will remain available or can be registered. Domain renewals are the client's responsibility unless otherwise agreed.

22. Service availability

WebMax may temporarily suspend services for:

Maintenance
Security updates
Infrastructure changes
Upgrades
Emergency response
Third-party outages
Legal or regulatory requirements
Other operational reasons

Where reasonably possible, WebMax will provide advance notice of planned material service interruptions.

23. Warranties and consumer rights

Nothing in these Terms excludes or limits any right, warranty or remedy that cannot legally be excluded under South African law. Where applicable, services and products will be supplied in accordance with the Consumer Protection Act 68 of 2008 (CPA) and other applicable legislation.

Business-to-business transactions may be subject to the specific terms and legal framework applicable to that engagement.

24. Limitation of liability

To the maximum extent permitted by law, WebMax will not be liable for indirect, incidental, special or consequential losses arising from use of the website or services. Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

Where a specific client agreement contains a negotiated limitation of liability, that provision will apply to the relevant engagement.

25. Force majeure

WebMax will not be responsible for failure or delay caused by circumstances beyond its reasonable control. This may include:

Natural disasters
Power failures
Internet outages
Cloud-provider outages
Telecommunications failures
Cybersecurity incidents
War
Civil unrest
Government action
Labour disputes
Transport disruption
Third-party service failures
Other circumstances beyond reasonable control

26. Third-party links

The WebMax website may contain links to third-party websites and services. WebMax does not control those third-party websites and is not responsible for their content, availability, security, privacy practices, products or services. Third-party services are subject to their own terms.

27. Termination and suspension

WebMax may suspend or terminate access to website features or services where reasonably necessary, including where:

These Terms are materially breached
Fraud is suspected
Payment obligations are materially breached
Security is threatened
Illegal activity is identified
Suspension is required by law

Client-specific termination rights will be governed by the applicable service agreement.

28. Changes to these Terms

WebMax may update these Terms from time to time. The latest version will be published on the WebMax website. Where an amendment materially affects an existing client relationship governed by a separate agreement, that agreement's amendment provisions will apply.

29. Governing law

These Terms are governed by the laws of the Republic of South Africa. Subject to mandatory consumer rights and applicable jurisdictional requirements, disputes may be brought before the competent courts of South Africa.

30. Dispute resolution

Clients should first attempt to resolve complaints directly with WebMax. Complaints may be submitted through info@webmaxsolution.com or +27 63 091 6423.

WebMax will make reasonable efforts to investigate and resolve legitimate complaints. Nothing prevents a person from exercising a statutory right to approach an applicable regulator, ombud, tribunal or court.

31. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain effective.

32. Entire agreement

These website Terms govern general use of the WebMax website. Specific client projects and services may be governed by additional contracts, proposals, statements of work, quotations, subscriptions or service agreements. Where such an agreement exists, its specific terms will govern the relevant service.

33. Contact WebMax

WebMax (Pty) Ltd
Telephone: +27 63 091 6423
Cape Town: Robert Sobukwe Rd, Bellville, Cape Town, South Africa, 7535
Johannesburg: 112 North Rd, Sandown, Sandton, Johannesburg, South Africa, 2196
Website: https://webmaxsolution.co.za/
Email: info@webmaxsolution.com

Website Terms & Conditions