AFRIDESIGN
Terms OF SERVICE
AFRIDESIGN MASTER TERMS OF SERVICE
(v2.2 – 2026)
1. DEFINITIONS
1.1. “Acceptable Use Terms” means Afridesign’s rules governing permitted and prohibited use of the Services, as more fully described in clause 10 below.
1.2. “Afridesign” means Croftlyn Proprietary Limited, Registration Number: 2020/522946/07, trading as Afridesign, a private company duly incorporated in the Republic of South Africa.
1.3. “Afridesign Website Package” or “Package” means the managed subscription website service (currently Bronze, Silver, or Gold) as described on the Afridesign website from time to time. Afrihost “Hosting Only” or “Domain Only” products do not constitute an Afridesign Website Package.
1.4. “Afrihost’s Payment Terms” Afrihost’s debit order and payment terms available at: https://www.afrihost.com/terms-and-conditions/general.
1.5. “Agreement” means these Master Terms, any additional terms including without limitation, Store Launch Express Terms, Service Order(s), the Privacy Policy, and Acceptable Use Terms, as updated from time to time.
1.6. “Business Day” means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.
1.7. “Client”, “You”, “Your” means the person identified in the Service Order.
1.8. “CPA” means the Consumer Protection Act, No. 68 of 2008, as amended from time to time, including any regulations published thereto.
1.9. “Content Finality” means the point at which the Client has submitted all required content and confirmed in writing that no further changes are required for the initial website build.
1.10. “ECTA” means the Electronic Communications and Transactions Act, No. 25 of 2002, as amended from time to time, including any regulations published thereto.
1.11. “Ecosystem” means Afridesign’s proprietary platform, tooling, templates, processes, and integrated Afrihost infrastructure required to operate the website.
1.12. “Fees” means amounts payable by the Client for the Services, as updated from time to time on notice to Clients.
1.13. “Go-Live” means the moment when the website is made publicly accessible following the Client’s authorisation.
1.14. “Master Terms” means these Master Terms of Service including any annexures thereto.
1.15. “Page” means a standard website page as defined in Afridesign’s published services descriptions and FAQs, as updated from time to time.
1.16. “Parties” means Afridesign and the Client.
1.17. “POPIA” means the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time, including any regulations thereto.
1.18. “Ready to Go-Live” means the point in time at which the website build is technically complete and awaiting the Client’s confirmation to Go-Live.
1.19. “Service(s)” or “Managed Service” or “Subscription Service” or “Website-as-a-Service” means the Afridesign Website Packages which constitute a managed website service offering, and include any related managed service offerings and add-on services provided in terms of this Agreement such as the Store Launch Express service.
1.20. “Service Order” means a Client request via online checkout for the Services that Afridesign accepts. Each accepted Service Order forms part of the Agreement.
1.21. “Service Output” means the website design, structure, layout, compiled assets, and database(s) created as part of the Afridesign Service.
1.22. “Store Launch Express Terms” means the Service-specific terms that govern Afridesign’s once-off e-commerce set up add-on.
2. HOW THIS AGREEMENT WORKS
2.1. These Master Terms regulate the relationship between Afridesign and You, the Client, for the provision of and use of our Services, including Afridesign’s Website-as-a-Service packages, and add-ons, as applicable.
2.2. By placing a Service Order, checking out, accepting these Master Terms and/or using the Services, You agree to be legally bound by the Agreement, which consists of these Master Terms, Service Order(s), any Service-specific terms such as the Store Launch Express Terms, the Privacy Policy, and Acceptable Use Terms.
2.3. If there is a conflict, the following descending order of precedence applies, unless otherwise stated in writing by Afridesign:
2.3.1. Master Terms;
2.3.2. Service Order;
2.3.3. Service-specific Terms including the Store Launch Express Terms;
2.3.4. Privacy Policy; and
2.3.5. Acceptable Use Terms.
3. THE MANAGED SERVICE MODEL
(NO CUSTOM WORK | NON-PORTABILITY)
3.1. Standardised Service Only
3.1.1. Afridesign provides standardised, subscription-based website Services only. Afridesign does not offer once-off website builds, bespoke development, quotationbased projects, or custom work outside its defined Website Packages, unless expressly agreed to in writing under a separate agreement between the Parties.
3.2. Proprietary Design System
3.2.1. The Service utilises proprietary, pre-designed templates customised by Afridesign. Customisation is limited to the inclusion of the Client’s logo, images, written content, fonts, and colour scheme.
3.3. Package Limits & Page Capacity
3.3.1. Where a website exceeds the page limits of the Client’s selected Afridesign Website Package, Afridesign is entitled to require the Client to upgrade to a package that supports the applicable page count or reduce content to within package limits.
3.4. Licensing & Non-Portability
3.4.1. The Client is granted a limited, revocable licence to use the website only while maintaining an active Afridesign Website Package. The Service Output is technically dependent on the Afridesign Ecosystem and is not portable.
3.5. Service Separation & Access from Hosting
3.5.1. The Client acknowledges that the Service Output (including the website design, database, configuration, and compiled structure) is a proprietary result of the Afridesign Service and forms part of a managed Website-as-a-Service offering (operated using licensed software and proprietary systems).
3.5.2. Access to the Afrihost hosting environment, including but not limited to FTP access, File Manager access, or automated or manual backup tools, does not grant the Client any right to access, extract, restore, copy, reuse, or utilise the Service Output independently of an active Afridesign Website Package.
3.5.3. Any attempt by the Client to restore, access, or use the Service Output following a downgrade, suspension, or cancellation of the Afridesign Website Package may be treated by Afridesign as a material breach of this Agreement and an infringement of Afridesign’s intellectual property rights.
3.5.4. Downgrading to “Hosting Only” or “Domain Only” constitutes termination of the Afridesign service. Upon such termination, Afridesign has no obligation to provide backups, migration assistance, portability, or continued access to the Service Output.
3.5.5. Where a Client subsequently requests reinstatement of the Service Output after upgrading to an eligible Afridesign Website Package, Afridesign reserves the right to levy a reasonable reinstatement or reactivation fee to cover the operational, technical, and administrative work required to restore the service.
3.5.6. Any such fee will be communicated to the Client prior to reinstatement and must be accepted and settled before the website is restored to an active state.
3.6. Package Scope & Overages
3.6.1. Afridesign Website Packages include fixed limits relating to page count, content volume, layouts, features, storage, and maintenance hours, as described in the applicable Package and published Service descriptions.
3.6.2. Where a website, content submission, or requested change exceeds the limits of the Client’s selected Afridesign Website Package, Afridesign may require the Client, at Afridesign’s discretion, to either:
3.6.2.1. upgrade to a Package that supports the additional scope; or
3.6.2.2. reduce content or requirements to fall within the existing Package limits; or
3.6.2.3. decline the request where it falls outside the scope of Afridesign’s standardised Service offerings.
3.6.3. The Client agrees that Afridesign is under no obligation to accommodate scope exceeding the selected Package, and any accommodation provided shall not constitute a waiver of these limits or set a precedent for future Services or Service Outputs.
3.7. Package Integrity & Upgrade / Downgrade Controls
3.7.1. Upgrade & Downgrade Timing
3.7.1.1. Any upgrade to a higher-tier Afridesign Website Package takes effect immediately.
3.7.1.2. Where a Client upgrades a Package and later wishes to downgrade, such downgrade will only take effect after 3 (three) consecutive monthly billing cycles at the upgraded Afridesign Website Package, during which all Fees due have been paid in full and on time.
3.7.1.3. Downgrades are not automatic. The Client will remain on the upgraded Package tier until a valid downgrade request is submitted via the official Afrihost Client Portal or other designated billing system notified by Afridesign from time to time.
3.7.1.4. Clients agree that Afridesign shall not be liable for continued billing at the upgraded Package tier where a downgrade request has not been properly submitted through the designated system.
3.7.1.5. Nothing in this clause affects the Client’s right to terminate the Service in its entirety subject to the applicable notice period.
3.7.2. Maintenance & Scope Integrity
3.7.2.1. Maintenance hours, page allocations, feature limits, and related benefits form part of the sustained value of the selected subscription tier.
3.7.2.2. Clients agree that a Package upgrade may not be used as a temporary mechanism to obtain increased maintenance hours, expanded page limits, additional features, or otherwise materially expand the website beyond the limits of a lower-tier Package.
3.7.2.3. Afridesign reserves the right to classify any material, bulk, or projectstyle updates performed during an upgrade period as ad hoc maintenance work subject to Afridesign’s prevailing standard rates where such work is inconsistent with normal ongoing Package usage.
3.7.3. Downgrade Conditions
3.7.3.1. Where a website has been materially expanded during a higher-tier Package Subscription period, any downgrade request is subject to Afridesign’s review and approval.
3.7.3.2. Clients agree that before approving a downgrade of an Afridesign Website Package, Afridesign may, in its reasonable discretion:
3.7.3.2.1. require completion of the minimum upgrade term; and/or
3.7.3.2.2. require the website to be reduced to comply strictly with the lower-tier Package limits; and/or
3.7.3.2.3. apply additional service Fees at Afridesign’s prevailing ad hoc rates for work performed beyond the lower-tier Package scope.
3.7.3.3. Afridesign is under no obligation to approve a Package downgrade where the website does not fully comply with the limits of the requested lower-tier Package.
3.7.4. Structural Integrity
3.7.4.1. Deletion of pages, features, or content after completion of higher-tier work does not automatically entitle the Client to downgrade where the underlying Service Output was materially created or expanded using higher-tier Package allocations.
3.8. Inbound Link
3.8.1. Afridesign reserves the right to place a branded link to https://www.afridesign.com in the website footer unless otherwise agreed in writing.
3.9. Legacy Custom Projects
3.9.1. Certain legacy projects may continue to be hosted or supported by Afridesign on a limited, non-Service Level Agreement (SLA), best-effort basis. Such support is strictly restricted to maintaining Service availability and addressing basic operational issues and expressly excludes any new development, enhancements, redesigns, or feature changes.
4. BILLING, PAYMENT & SUSPENSION
4.1. Where a Client is subscribed to Afrihost domain and/or hosting services, and elects to further subscribe for an Afridesign Website Package or Afridesign add-on, Afrihost will act as the party responsible for billing and collections for the Afridesign Fees.
4.2. Advance Billing
4.2.1. Services are billed monthly in advance on or about the 1st (first) Business Day of each month.
4.3. Debit Order Authority
4.3.1. All payments are governed by Afrihost’s Payment Terms.
4.4. Suspension & Reconnection
4.4.1. In accordance with Afrihost’s Payment Terms, accounts unpaid by the 1st (first) Business Day may be suspended. A specified reconnection fee applies, and a waiting period of up to 72 (seventy-two) hours may be imposed following repeated payment failures.
4.5. Price Adjustments
4.5.1. Afridesign may adjust pricing on not less than 30 (thirty) days’ written notice.
5. CANCELLATION
5.1. Afridesign’s Services operate on month-to-month contracts.
5.2. Clients agree that either Afridesign or the Client may terminate the Service by giving 1 (one) full calendar month’s notice to the other.
5.3. Clients agree that Fees remain payable until the effective date of termination, referred to in clause 5.2 above.
5.4. Should the Client cancel the Service in accordance with the provisions of this clause 5, the Client agrees that it will not be permitted to move the website Service Outputs created by Afridesign to another hosting provider or downgrade to a standard Afrihost hosting package.
5.5. Cancellation, by either Afridesign or the Client, will result in any data being permanently removed from Afrihost’s servers. In this regard, Clients agree that they are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on the Client’s hosting space.
5.6. Clients agree that Afridesign will not be liable for loss of data, or be obliged to provide any such data once the Afrihost hosting contract has terminated or expired.
5.7. Any limited backups made by Afrihost are strictly retained for legal purposes and not for data retention purposes. Resultantly, Clients accept that such Afrihost backups will not necessarily be made available to Clients on request.
6. THE 24-MONTH RULE & SERVICE ACCESS
6.1. Static Export Eligibility
6.1.1. After 24 (twenty-four) consecutive months of active, paid Subscription Service calculated specifically from the public Go-Live date, the Client may request a once-off Static HTML Export.
6.2. Nature of Export
6.2.1. The export is a flattened, non-editable "snapshot" of the website at a point in time. It is provided "as-is" without warranties or support.
6.3. Administrative Access
6.3.1. Afridesign may immediately revoke administrative or editing access upon receipt of a cancellation or downgrade notice from a Client.
7. BUILD TIMELINES & THE AFRIDESIGN TRIPLE GUARANTEE
7.1. Build Capacity & Sequential Processing
7.1.1. Single Build Slot: Maximum of 1 (one) active build slot per Client at any given time.
7.1.3. Sequential Workflow: Builds are completed sequentially, not concurrently.
7.2. Ready to Go-Live – Fast (Speed of Launch)
7.2.1. Commencement: Timelines commence only upon confirmed receipt of Content Finality.
7.2.3. Remedy: Valid claims entitle the Client to a credit of up to the first 2 (two) months of Service Fees.
7.3. Love It Guarantee (Design Satisfaction)
7.3.1. Definition: A one-time aesthetic overhaul using the original content submitted.
12. LIABILITY & INDEMNITY
12.1. Limitation of Liability: Afridesign shall not be liable for indirect, incidental, special, or consequential damages.
12.2. Liability Cap: Liability shall not exceed the Fees paid for the affected Service during the 3 months preceding the event.
16. GOVERNING LAW
16.1. This Agreement is governed by the laws of the Republic of South Africa, and the Parties consent to the jurisdiction of South African courts.
*** END OF MASTER TERMS OF SERVICE ***
STORE LAUNCH EXPRESS TERMS
(Annexure to the Afridesign Master Terms of Service)
1. INTRODUCTION
1.1. These Store Launch Express Terms apply in addition to the Master Terms and the applicable Service Order, Privacy Policy, and Acceptable Use Terms. The Store Launch Express Service is a once-off e-commerce setup add-on and is not a standalone product.
2. ELIGIBILITY & PLATFORM
2.1. Prerequisite
2.1.1. This Service is available only to active Afridesign Silver or higher package subscribers.
2.2. Non-Portability
2.2.1. The e-commerce store, database, and configuration are built on a proprietary managed platform and are not portable to other platforms or hosting environments, including and not limited to Shopify or WooCommerce.
2.2.2. The Store Launch Express forms part of a managed website-as-a-service offering and does not grant the Client any ownership or transferable rights in the underlying platform, software, or configuration.
3. THE 7-BUSINESS-DAY “READY TO GO-LIVE” GUARANTEE
3.1. Timeline
3.1.1. The 7-business-day period commences only upon confirmed receipt of all required and final e-commerce content in the prescribed format, including:
3.1.1.1. Product catalogue
3.1.1.2. Payment gateway credentials
3.1.1.3. Shipping and delivery rules
3.1.2. Where content is revised, supplemented, or changed after work has commenced, the 7-Day Ready to Go-Live Guarantee is permanently voided for that Store Launch Express project.
3.2. Exclusions
3.2.1. Weekends and South African public holidays are excluded. The guarantee is forfeited if:
3.2.1.1. Scope, functionality, or design changes are requested after commencement
3.2.1.2. Delays are caused by third-party providers, including payment gateway approvals
3.3. Remedy
3.3.1. If Afridesign misses the deadline for reasons within its sole control, the Client’s sole and exclusive remedy is the complimentary setup of additional products (up to a maximum of 50 (fifty) total) and priority handling. This guarantee does not entitle the Client to refunds, credits, or cash compensation.
4. PAYMENT GATEWAYS & THIRD-PARTY SERVICES
4.1. Client Responsibility
4.1.1. The Client must independently register and manage accounts with supported payment providers.
4.2. Limitation of Liability
4.2.1. Afridesign is responsible for technical integration only and is not liable for transaction failures, fraud, disputes, chargebacks, or withheld funds.
5. SHIPPING, TAXES & LEGAL COMPLIANCE
5.1. Configuration Accuracy
5.1.1. Shipping and tax rules are configured based on Client-provided data. The Client is solely responsible for accuracy and legal compliance, including VAT.
5.2. POPIA & ECTA
5.2.1. The Client remains the Responsible Party for its customer data and online sales compliance under POPIA and ECTA.
6. PRODUCT CONTENT & MAINTENANCE
6.1. Initial Setup
6.1.1. Includes setup of up to 25 (twenty-five) products.
6.2. Post-Launch
6.2.1. Ongoing product management and updates must be handled by the Client or requested via allocated maintenance hours. Maintenance hours may not be used to materially expand the scope, functionality, or product volume of the store beyond the limits of the Store Launch Express Service.
7. PAYMENT TERMS & CANCELLATION
7.1. Fees
7.1.1. A 50% (fifty percent) non-refundable deposit is required to commence. The balance is payable before the store is moved to Live status.
7.2. Cancellation of Base Plan
7.2.1. If the underlying Afridesign Website Package is cancelled or suspended, the ecommerce store will be deactivated simultaneously. The Client agrees that no store data or configuration will be exportable upon termination.
7.2.2. Any subsequent reinstatement of the applicable Store Launch Express Service following cancellation or suspension may be subject to a reinstatement or reactivation fee in accordance with the Afridesign Master Terms.
*** END OF STORE LAUNCH EXPRESS TERMS ***
AFRIDESIGN PRIVACY POLICY
Last Updated: 2026
Afridesign is committed to protecting Personal Information in accordance with POPIA, ECTA, and other applicable South African laws. This Privacy Policy explains how we collect, use, store, share, and protect Personal Information when You use our website, Services, and Subscription Services. This Privacy Policy forms part of the Agreement, and must be read together with the Afridesign Master Terms.
1. DEFINITIONS
1.1. “Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of Personal Information.
1.2. “Data Subject” means the persons whom Personal Information relates to, in this case Clients and Users.
1.3. “Operator” has the meaning ascribed to it in POPIA and refers to a third party who processes Personal Information for or on behalf of a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party.
1.4. “Personal Information” has the meaning ascribed to it in POPIA including but not limited to names and surnames, identity or passport numbers, email addresses, telephone numbers, financial or billing data, device or IP address data, usernames and passwords, demographic data, location data, employment information, and any other information that can be used to reasonably identify, relate to, describe, or be linked directly or indirectly, to a natural or juristic person.
1.5. “Process” or “Processing” means, in relation to Personal Information, any operation or activity or any set of operations, whether or not by automatic means, including without limitation:
1.5.1. the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
1.5.2. dissemination by means of transmission, distribution, or making available in any other form; or
1.5.3. merging, linking, as well as restriction, degradation, erasure, or destruction of information.
1.6. “Responsible Party” means a public or private body, such as Afridesign, or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information.
1.7. “Special Personal Information” refers to the categories in POPIA where processing is strictly prohibited, including but not limited to information related to children, religious or philosophical beliefs, race or ethnic origin, trade-union membership, political persuasion, health or sex life, biometrics and criminal behaviour data.
1.8. “User” means a visitor or user of the Afridesign website, available at https://www.afridesign.com.
2. RESPONSIBLE PARTY
2.1. For purposes of POPIA, Afridesign is designated as the Responsible Party.
2.2. Afridesign’s contact details: Email: [email protected] | Website: https://www.afridesign.com
2.3. Afridesign may instruct third party Operators to undertake certain processing activities.
3. PERSONAL INFORMATION WE COLLECT
3.1. Information Data Subjects provide directly
3.1.1. This may include: Full name; Business name; Email address; Telephone number; Physical or billing address; Login credentials; Support communications.
3.1.2. This does not include Special Personal Information.
3.2. Subscription, billing, and transactional data
3.2.1. Subscription history; Payment status; Invoices.
3.2.4. Important: Afridesign does not store full credit or debit card numbers.
3.3. Website and technical information: IP address; Browser type; Server logs.
3.4. E-commerce end-customer data: The Client remains the Responsible Party for customer data under POPIA.
4. PURPOSES AND LAWFUL BASIS FOR PROCESSING
4.1. To provide Subscription Services; build and host websites; administer billing; respond to enquiries; and comply with legal obligations.
4.2. Lawful bases: Contractual necessity; Legal obligation; Legitimate business interests; and Consent.
5. GENERAL CONDITIONS FOR PROCESSING
5.1. Afridesign will Process Personal Information only on a lawful basis, and in a fair, reasonable and transparent manner.
5.4. Afridesign will respect Data Subject’s privacy rights and avoid unnecessary prejudice.
6. FURTHER PROCESSING
6.1. Afridesign shall not Process info for unspecified purposes except with consent or for legal/security necessity.
6.2. Afridesign shall notify Data Subjects of intended further Processing where required.
7. CONSENT
7.1. The Data Subject hereby Consents to the Processing of its Personal Information in terms of this Policy.
7.3. Should a Data Subject wish to withdraw Consent, it must contact Afridesign in writing.
8. ACCURACY, CORRECTNESS AND COMPLETENESS
8.1. Afridesign shall take reasonably practicable steps to ensure that Personal Information is accurate and complete.
8.2. Data Subjects must make a written request to update incorrect information.
9. MARKETING COMMUNICATIONS
9.1. Afridesign will send marketing communications only where permitted by law.
9.2. Data Subjects may opt out at any time using the unsubscribe mechanism.
10. SHARING OF PERSONAL INFORMATION
10.1. Afridesign does not sell or trade Personal Information.
10.2. We share data with Operators like Afrihost solely to provide the Services.
11. CROSS-BORDER PROCESSING
11.1. Some service providers may process Personal Information outside South Africa.
11.2. Afridesign ensures adequate data protection safeguards are in place for cross-border transfers.
12. DATA RETENTION
12.1. Data is retained only as long as necessary for specified purposes or legal obligations.
12.2. Upon termination or downgrade:
12.2.1. Website and Service data may be permanently deleted;
12.2.2. Afridesign is under no obligation to retain or restore data.
13. SECURITY SAFEGUARDS
13.1. Afridesign implements technical and organisational measures including access controls and secure infrastructure.
13.3. In the event of a leak or breach, Afridesign will notify affected Data Subjects via email.
14. DATA BREACHES
14.1. Where required by law, Afridesign will notify affected Data Subjects and the Information Regulator of any security compromise.
15. DATA SUBJECT RIGHTS
15.1. Data Subjects have the right to request access, correction, deletion, or object to processing.
15.1.5. You may lodge a complaint with the Information Regulator of South Africa.
16. CHILDREN’S INFORMATION
16.1. Afridesign does not knowingly collect Personal Information relating to minors without appropriate consent.
17. COOKIES AND TRACKING
17.1. Our website may use cookies to enable core functionality and improve experience.
17.3. Data Subjects may manage cookie preferences through browser settings.
18. THIRD-PARTY WEBSITES
18.1. Afridesign is not responsible for the privacy practices of linked third-party sites.
19. CHOICE OF LAW
19.1. This Privacy Policy shall be governed and interpreted in accordance with the laws of South Africa.
20. CHANGES TO THIS POLICY
20.1. Afridesign may update this Privacy Policy from time to time.
20.2. Continued use constitutes acceptance of the updated Policy.
21. CONTACT
For privacy-related queries or requests, please contact: [email protected]
*** END OF PRIVACY POLICY ***