Reseller Terms

Introduction

Please read these Reseller Terms carefully before using this site.
If you do not understand any part of these Terms or need further clarification, please contact us.
By accessing this website or signing up for any of our services, you agree to be bound by all of the terms outlined herein.

This website operates within the Republic of South Africa. We make no representation that our website, products or services, are appropriate or available for use in other locations.

DIYweb4U, we, us or our, refers to DIYweb4U (Pty) Ltd.
Associates, refers to our employees, agents, representatives, licensors, suppliers, third-party providers, advertisers, and subcontractors.
Client, user, you, or your, refers to any visitor to this website.
Client or user also refers to Reseller clients.
Package, products, or services, refers to the offerings on the Reseller Plan page and related services.

Changes to Terms
We may update these Terms from time to time. When changes are made, we will post a notice in your Admin Panel. You agree to review such notices and contact us with any questions within 30 days. By continuing to use the platform or services after that period, you accept the updated Terms.
If at any time you or your client are dissatisfied with any portion of the website, services, or these Terms, your or their sole remedy is to discontinue using the site and services.

Registration

In order to use the services, you must first complete the registration form.
Registration is restricted to individuals:
1) that are 18 years of age and above;
2) that may legally enter into a binding and enforceable agreement.

In registering you are required to provide personal information and you warrant that the information provided is complete, accurate and true.

We do not intentionally gather personal information about visitors who are under the age of 18.
If we discover that a registered user is underage, the account will be terminated immediately and all records of personal information deleted, without any communication entered into.

We reserve the right to refuse service to anyone, or to terminate any account that does not comply with these Terms, without giving any reason, with or without notice, and you agree that you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the services or not.
Once terminated, your data will be deleted and no backups will be kept.

Reseller Client Agreements

Resellers are independent businesses and are not agents, employees, or partners of DIYweb4U. Resellers may resell or sublicence the services to their own end clients under their own branding, subject to the terms of this Reseller Terms of Use agreement.
The Reseller shall not represent, warrant, or create any obligation on behalf of DIYweb4U to its end clients.

The Reseller is fully responsible for all aspects of its relationship with its end clients, including but not limited to billing, support, service delivery, and client satisfaction. DIYweb4U shall have no direct contractual relationship with, or liability to, the Reseller's end clients.

Reseller Obligations
The Reseller's obligations with respect to its agreements with end clients are set out below and form part of this Reseller Terms of Use agreement.

The Reseller shall ensure that every end client has a written agreement (or terms of service) that:

  • Incorporates provisions that are substantially similar in effect to the key protective clauses in DIYweb4U's standard terms (including limitation of liability, warranty disclaimers, intellectual property rights, acceptable use, indemnity, and data protection);
  • Is presented solely under the Reseller's own branding. The Reseller may indicate that the services are powered by or built on the DIYweb4U platform, provided this does not imply that DIYweb4U is the direct service provider or has any contractual obligations, responsibilities, or liability to the Reseller's end clients; and
  • Clearly states that the client has no ownership rights in the platform, source code, or any proprietary materials and receives only a limited, revocable licence to use the services.
  • Is expressly accepted by the end client before the client is given access to the Services. Acceptable methods of acceptance include clicking an "I Accept" or "I Agree" checkbox (click-wrap), electronic signature, or any other method that creates a clear, verifiable record of acceptance under applicable law. The Reseller shall maintain records of each acceptance sufficient to demonstrate that the end client expressly accepted the terms.

Any material failure by the Reseller to comply with this clause shall constitute a material breach of this Agreement. In such event, the Reseller shall indemnify, defend and hold harmless DIYweb4U, its directors, employees, associates and agents from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) to the extent that they directly arise from the Reseller’s failure to include the required provisions in its end-client agreements.
DIYweb4U shall have no obligation to review or monitor the Reseller's client agreements, and the Reseller remains solely responsible for ensuring compliance with this clause.

White Label Option
Resellers may offer the services on a white-label basis, meaning their end clients interact only with the Reseller’s brand and have no direct visibility of DIYweb4U.
While DIYweb4U takes reasonable steps to support white-labelling, it is not possible to guarantee that the underlying provider will remain completely invisible in all circumstances.
This white-label option is provided on the condition that the Reseller fully complies with the Reseller Client Agreements clause above.

Reseller Account Termination

If the Reseller Agreement is terminated or cancelled for any reason (by either party):

  • The Reseller must immediately notify all their end clients of the termination and give them at least 30 days’ written notice.
  • During this 30-day notice period, the end clients’ websites, domains, and data will continue to be hosted on our platform, provided all outstanding fees owed to us have been paid in full.
  • Our website builder platform and its intellectual property are proprietary and non-transferable.
    Websites built on our platform cannot be migrated to another provider.

The Reseller agrees to:

  • Fully cooperate with us and the end clients during the transition period.
  • Assist end clients with exporting any available raw content and files, such as:
    • Text content, Images, logos, and media files,
    • Uploaded documents and other files.
  • Clearly communicate to their clients that the website design, layout, structure, and the website builder platform itself cannot be transferred or migrated to another provider.

After the 30-day notice period, we may, at our sole discretion:

  • Offer the end clients the option to continue directly with us under our standard pricing and terms, or
  • Suspend or terminate access to the affected accounts.

We reserve the right (but are under no obligation) to contact end clients directly prior to deletion of their accounts for the purpose of offering them a direct agreement with us.

The Reseller remains solely responsible for managing all client communications, expectations, and any resulting customer dissatisfaction or business impact.
We shall not be liable for any loss, disruption, or inconvenience suffered by the Reseller’s end clients as a result of the termination.

Domain Name

Domain Name - Legal
It is the sole responsibility of the domain name owner to ensure that the domain name does not violate any laws, nor infringe on copyright, trademark or intellectual property rights.
The use of any domain name that is considered offensive, immoral, defamatory, libelous, or in violation of any local or international law is strictly prohibited.
Domain Names are also subject to the terms and policies specified by domains.co.za and ICANN (Internet Corporation for Assigned Names and Numbers).

Right to Decline Domain Registration
We reserve the right to refuse to host or register any domain name at our sole discretion without the obligation to provide a reason or engage in further correspondence.

Representations and Warranties
If you are registering the domain for a third party, you hereby represent and warrant that you have
(a) provided notice to that third party of the disclosure and use of that party's information for this purpose, and
(b) that you have obtained that third party's express consent to the disclosure and use of that party's information.
You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with the domain registration is accurate.

Domain Name - Expiration and Renewal
We automatically renew all domain names, under your account, annually before their expiry date, provided there are no outstanding payments owed to us by you, or any other reason which may prevent us from renewing a particular domain name.
If you close your account, or we close your account due to non payment or any other reason, then we will communicate with you regarding the domain name renewals under your account. If in the event you are non responsive, we reserve the right (but are not obligated) to contact your clients directly.

Domain Name and Website - Transfer
DIYweb4U services are offered only to, and solely for use by, client websites and email services that are hosted on our server, and client domain names that are registered within our domain registration management platform.
Your client's website (which includes the online shop, courses, blog, or any and all other components of the website), may not be transferred away from DIYweb4U.
If you transfer their domain name away from DIYweb4U, or point it to another server, their website will no longer be accessible. You will need to set up a new website on their new hosting server.
If you request to have a domain pointed to another server, then an annual renewal cost of R199 per annum will apply.
If you request to have a domain transferred away and there is any amount outstanding on that account then the outstanding amount plus the domain cost of R199 will need to be paid to us before the transfer takes place.
If there is no outstanding amount on the account then only the R199 will need to be paid to us before the transfer takes place.

Domain name change
Each Package has a .co.za domain name included in the price.
If you want to change a domain name the cost is R199 per new .co.za domain registration.
If you request a package and domain name change the cost of a new domain also applies.

Domain and DNS Settings
Clients and resellers do not have access to the server settings, DNS records, domain configuration, or nameserver management.
Access is limited to the website builder admin panel, which is intended for building and managing websites.
Any domain-related changes must be requested through our support team.

Please note: In accordance with ICANN rules:

  • You cannot transfer a domain within 60 days of purchase.
  • Changing your registrant contact information locks your domain from transfer for 60 days.
  • Once a domain is registered, it can't be changed or cancelled. In the event the Domain Registrar agrees to cancel it there may be a cost involved.
  • Once a domain has expired it enters the redemption period. Renewing a domain in this period will incur additional costs.

Password

You are solely responsible for ensuring the confidentiality of all passwords under your account.
If you suspect that a password has been compromised you should immediately advise us of this fact by email.
We cannot be held liable for misuse of passwords, whether caused by your or your clients' negligence, or password hacking.
You acknowledge and agree that any activity under your account, that is made using these passwords, shall be attributed to you.

Privacy Policy

Personal Data
By registering on our website you provide us with certain personally identifiable information as shown on our Reseller Sign-up page.
We only capture personal information that is relevant to the services we provide you, and for registering and securing your domain in your name.
We reference and use your personal data in the process of fulfilling our obligations to you and providing you with the services that you expect from us.
We are committed to protecting your personal information and process all data in compliance with the Protection of Personal Information Act (POPIA)

Data Privacy
We take a proactive approach to protect the privacy of our users when submitting personal information through forms on this website.
By providing personal information to diyweb4u.co.za you consent to us storing and processing the information.
We are the sole owners and/or custodians of the information collected on this website, and retain all rights to non-personal statistical information.
Any feedback, comments, questions, answers, or the like, which you send to us, is treated as non-confidential and non-proprietary.
We do not knowingly collect personally identifiable information from anyone under the age of 18.

Data Security
You may only send us your own personal data or the personal data of another data subject where you have their permission to do so.
We do our best to protect your information from any unauthorised access or disclosure, whilst we do not infer or guarantee that these safeguards will provide absolute protection.
You agree that we are not responsible for any information shared through our Site that is intercepted without our knowledge or permission.
Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information.
You agree to notify us of any breach of security or unauthorised use of your information.

Data Retention
We retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy, or to the extent necessary to comply with any legal obligations.
You may request to remove or update the personal data you have submitted to us by contacting us

Legal Disclosure
We do not sell, rent, trade or share your personal information with third parties other than necessary service providers, unless required to do so by law, or to prevent violation of our terms of service.

Analytics Usage Cookies
Like most websites today, diyweb4u.co.za makes use of Google Analytics for statistical purposes.
Google Analytics stores cookies on the viewer's computer.
We use the data collected to monitor the use of our website.
Google Analytics does not give us any personal information about any user on our website.

Third-Party Cookies
We offer the Userway tool on our website for users who wish to make use of the accessibility features provided by this tool.
No personally identifiable information is collected through your use of this tool on our website.

Service Providers
We make use of third-party companies for website, email and domain name hosting.
These third parties have access to your personal data only to perform certain tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Secure Hosting
Our client websites, emails and domain names are hosted in a secure server environment that use a firewall and other advanced security measures.

Payment Details
We do not store or collect payment card details which are used for purchasing our products or services.
Your information is provided directly to PayFast secure payment gateway which is a third-party payment processor.
Their use of your private information is governed by their privacy policy.

Communication Security
This website is protected by SSL (Secure Sockets Layer).
Information sent via the website forms is encrypted to prevent snooping by a third-party.
SSL is an industry standard security technology for establishing an encrypted link to ensure that all data passed between the web server and browser remains private and integral.

Changes To This Privacy Policy
We may update our Privacy Policy from time to time. The changes will be posted on this page and and a 'Terms Updated' link will be posted in your Admin Panel notice board.
You undertake to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If you have any further questions about privacy or security, please

Refund & Cancellation Policy

General Rule
All subscription fees — whether monthly, quarterly, semi-annual, or annual — are billed in advance and are generally non-refundable.

This includes:

  • Partial use of services
  • Unused time within a billing cycle
  • Voluntary cancellations
  • Downgrades or plan changes

If you move from a higher-tier plan to a lower-tier plan, any remaining value will not be refunded in cash.
In certain cases, we may issue account credit to be applied toward future billing.

Account credit:

  • Has no cash value
  • Is non-transferable
  • May only be used for services offered on the platform.

Fixed-term Subscriptions
Fixed-term subscriptions are purchased for a fixed period.
If you choose to cancel your fixed-term subscription after the service has commenced, no refund will be issued for the unused portion of the subscription.
Where a refund is issued, the monthly rate applies to services provided before cancellation

Service Commencement
Your subscription commences when you first access or use your website administration panel or any associated services provided under your account, including email services, whichever occurs first.
By accessing or using the service, you acknowledge that the service has commenced and that DIYweb4U has begun providing the subscription services you have requested.

Setup & Administrative Costs
Preparing your account requires time and resources, including account creation, website builder provisioning, email configuration, and other setup activities.
These preparations begin immediately after your subscription is activated.
If you cancel before first accessing the service, DIYweb4U may deduct reasonable setup, configuration, and administrative costs already incurred before issuing any refund.

Statutory Rights
Under these Terms, refunds are only available where the service is defective or where cancellation occurs before the service has been accessed.
Nothing in these Terms limits or excludes any rights or remedies available to you under the Consumer Protection Act, 2008, or any other applicable law.
Where applicable, refunds, cancellations, and any deductions for reasonable costs will be handled in accordance with those laws.

Electronic Communication

When you visit diyweb4u.co.za or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you either directly by email, or by posting notices on the diyweb4u.co.za website.
Email communication will be sent to the email address which you used when signing up.
You agree to monitor this email address regularly and to respond promptly, if required.
In the event that you do not respond to our email communication, we reserve the right to send emails to your client's domain email addresses.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Email

Email Address Change
Any communication from you must be sent from the email address that you used when registering on our website.
Please notify us timeously of any change in this contact email address.

Bulk Email

  • Email use is subject to the terms and policies specified by our email host, xneelo.co.za.
  • As per these terms and policies, a user may not send out more than 500 emails within one hour.
  • Sending more than 500 emails (whether to one or multiple email addresses) is considered as sending bulk email.

Should it be discovered that a user is performing bulk mail runs, that user's account will be deactivated.

Unsolicited Email - Spam

  • Sending unsolicited commercial communication (including, but not limited to email, instant messaging, SMS, chat rooms, discussion boards and newsgroups) is not permitted.
  • If email communication was not explicitly requested, consented to, or expected as a result of an existing relationship, by the recipient, the communication is considered unsolicited.

Examples of Unsolicited Communication:

  • Purchased mailing lists, 'safe lists' and harvesting of email addresses, where the recipients have not explicitly agreed to receive communication from a specified consensual sender.
  • Sending emails where the recipient must opt-out of receiving further emails that they did not originally request.
  • Sending a once-off invitation to receive further information, which was not explicitly requested or consented to by the recipient.
  • Email communication to a mailing list including addresses of unwilling recipients or a recipient who has indicated that they wish to be removed from such list.

Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications.
There should also be an option for the recipient to unsubscribe from receiving further email communications.

If we receive a spam complaint regarding any user under your account, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive those communications and if so, when and where was the recipient's email address recorded.

We reserve the right to suspend or terminate the account of any user who sends out unsolicited email, otherwise known as spam, with or without notice.

Should a user infringe this policy, the user of that account will be held liable for any costs incurred by us or our hosting provider, both monetary and in reputation.

  • We reserve the right to charge the client of the account used to send any unsolicited email, a clean-up fee or any charges incurred for blacklist removal.
  • This cost of the clean-up is entirely at our discretion.
  • The use of any other service for the purposes of sending spam with any reference to our hosting services (including but not limited to mailboxes, autoresponders, and web pages), will also be grounds for suspension/termination as described above.
  • If a website under your account was compromised and exploited for the purpose of sending unsolicited communications, we will be more lenient in resolving the issue. However, repeat exploitations of the same website and/or account would be grounds for suspension/termination.

Email Backups

Users are solely responsible for backing up their own email accounts.
The platform does not provide email backup services and users do not have direct access to the server, mail directories, or any underlying storage via FTP, cPanel, or any other method.

If users wish to retain a copy of their emails—particularly when moving to another hosting provider—they must download them using an email client such as Thunderbird, Outlook, Apple Mail, or any other compatible application.

While our hosting provider performs daily backups of server data (including email stored in your account) for a limited period, these backups are not guaranteed to be complete or restorable via standard tools, and may only be retrieved upon request.

Therefore, the platform and its service providers are not liable for any loss of emails resulting from the user's failure to perform their own backups.

Email-only Hosting See: Email Account

Account and Payment

Client Hosting and Billing
Billing for your client starts from the moment their hosting package is created.
Each client has their own domain name, website hosting, and email account.
You may not host more than one client per account - no shared accounts or sub domains allowed, eg: client.domainname.co.za
You are billed directly, and are responsible for all client payments under your reseller account.
All payments are made monthly in advance.

Reseller Pricing
The price you charge your clients for the Package, or your own personal services, is entirely up to you.

Price Changes and Responsibility
We may adjust our reseller pricing due to increased supplier costs, inflation, or other operational reasons.
Any price increase will be notified to you by email and published on our website with at least 30 days’ notice.
You have the right to cancel the agreement before the new pricing applies if you do not agree to the change.

You remain solely responsible for setting and communicating prices to your own clients.
We are not liable for any customer loss, attrition, or other business impact resulting from price changes.

Billing and Payment:
You are invoiced in advance before the end of the month and payment is expected on/before the 1st of the following month.
If payment is not reflected in our account by the 5th, you will be emailed a reminder invoice.
If payment is not received forthwith, or an arrangement made, your account may be suspended.

Account Suspension
Upon suspension of your account, all client accounts associated with your account, including websites, emails, and any other services, will be disabled and inaccessible.
We accept no responsibility for any loss of data, transactions, or other consequences during this period.
The accounts will be reactivated within 24 hours of receipt of payment plus a R100 reactivation fee per client account.

Account Termination
If payment is not received within 30 days after account suspension, we may terminate the account.

Permanent Deletion of Data
Once any user account (whether a reseller account or an end-client account) is terminated or closed — by you, the reseller, or by us — all files, websites, data, and emails associated with that account will be permanently deleted.
We do not retain any backups after termination.

Long Term Payments

  • Each long term hosting or email payment plan includes a set GB allocation per month.
  • Extra usage beyond your monthly GB will incur additional charges.
  • Additional usage must be paid in advance. Services may be suspended if unpaid.
  • See also: Refunds

User Services

User Content
Users may only use content which they own, have created or which they have clear permission to use. Users fully understand and agree that they are solely responsible for all content that they apply, or generate, through the use of our services.

User Acceptance
By using this website and services, you acknowledge and accept that:

  • DIYweb4U Website Builder and Online Shop may not be suitable for every purpose and may not contain particular functionalities that you want.
  • It is your responsibility to ensure beforehand that the website and services are suitable for your purposes.
  • You do not purchase, or obtain any sole or exclusive rights to any templates or images.
  • There is no guarantee that someone else is not using the same template or pictures.
  • The services do not include a server side or web hosting control panel, FTP access, or allow any other access to the server, files and folders.
  • Our standard support does not include custom development or implementation of server-side processes, cron jobs, databases, server customisation, frontend user login systems, upload forms, or similar functionality.
    Certain services or technical work may be available as a separate paid service, subject to our discretion.
    This limitation does not apply to built-in platform features such as online shop customer accounts or the online courses student admin panel.
  • We do not allow uploading of password protected, zipped & executable files (e.g. zip, rar, exe, etc.).
  • We do not provide statistics of any sort, if you want website statistics you need to open an analytics account such as Google Analytics.
  • We have no obligation to store, maintain or provide you a copy of any content that you provide when using these services.
  • Our support provides technical assistance and guidance on how to use the platform.
    Our support does not include designing, building, modifying, or creating websites or website content for you or your clients. These services are available separately through our Website Setup options.
  • Our platform is designed to be beginner-friendly and accessible for users with little or no prior experience.
    While we provide tools, documentation, and guidance, we cannot guarantee that every user will be able to use all features without effort or learning.
    Users are responsible for understanding and learning how to use the platform, seeking assistance as needed, and for any issues that may arise from their inexperience.

User Accounts
You agree that you are solely and legally responsible for:

  • your use of our website, products and services;
  • your websites and user inserted content including, but not limited to, text, links, logos, images, files, documents, audio and video files, designs, animations, fonts, code, illustrations, compositions, artworks, literary works, passwords, privacy policy and terms of use;
  • providing any equipment or software necessary to use the services;
  • ensuring that your PC, laptop, mobile device etc., are up-to-date regarding security software;
  • your e-commerce and product related activities, and any promotions and related content, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online e-commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your products;
  • all activities that occur under your user account (including for any representations, warranties and undertakings made therein), whether or not authorised by you, and for any damages, expenses or losses that may result from such activities;
  • any violation by you of any third-party rights, including any copyright, access rights, property rights, or privacy rights.

You may not enable or allow others to access or use the service, software, or content, or your account information.

Disk Usage and Storage

Client disk space may only be used for:

  • active content files that are linked to, or published on the client's website, and must be directly related to the general nature of that client's website index;
  • client's active self need emails.

Unlimited Pages - Fair Use Policy
The Unlimited Pages feature is provided for creating standard website content only.

  • It must not be used for purposes unrelated to normal website operation, including but not limited to file storage, third-party hosting, automated mass page generation, or resale.
  • We reserve the right to restrict, suspend, or terminate service in cases of misuse or activity inconsistent with intended use.

We do not allow the server to be used for storage of any sort; this includes but is not limited to any of the following:

  • Online file storage, archiving, cloud storage, log files, etc.
  • Personal or private files not currently being used on the website.
  • Files stored for later use.
  • Mailboxes that store emails without being accessed are not allowed (e.g. catchall mailboxes or bounce message mailboxes).
  • Individual emails that are 5MB or larger may not be stored on the server for more than 1 month.
  • Email older than five years may not be stored on the server.
  • Exchange and download of additional files within a client's hosting space in a peer-to-peer arrangement or for any other purpose is prohibited.
  • Streaming excessive video or hosting music on the server is prohibited.
  • Interactive Web applications, commonly known as "chat", are not allowed.
  • File limit: 100 000 files (i.e. an email, webpage, image file, directory etc.), or 20 000 files per directory.
  • Accounts exceeding the above limit will have those files and/or directories excluded from the backup system.

Server and Site Monitoring

We are not obliged to review, nor are we responsible for any content on a client website, however, we reserve the right to:

  • monitor the servers, and content within client accounts;
  • remove or edit any content, published or unpublished, at any time and for any reason with or without notice;
  • remove or block access to any user's website or services at our sole discretion.

You acknowledge that you have no objections whatsoever, and expressly consent to such monitoring and actions taken by us.

Backups

We are not responsible for client files, content or data.
Users are expected to, and are solely responsible for maintaining an independent, off site, backup of all user inserted content, and user uploaded files and images, stored on DIYweb4U servers to, for example their own local computer or external disk.

As a courtesy, a backup service is maintained in which files are kept for a maximum of two weeks before being replaced with the latest incremental version.

We do not guarantee backups because:

  • Should a particular backup fail, it is not always possible to re-run the backup within the available backup window.
    This can result in the backup for a particular day not being available.
  • A backup failure could occur on a backup server.
    Fortunately the likelihood of such a failure occurring is extremely small.

Third-Party Websites

Our website and services may contain links to, or integrations with, third-party websites and APIs.
We make no warranties, representations, or endorsements regarding any third-party services.
By accessing any third-party site through our platform, users acknowledge that they are leaving our website and that we have no control over, or responsibility for, the content, functionality, or practices of such sites.
Users agree that we shall not be liable for any loss or damage of any kind resulting from the use of third-party websites or services, whether or not accessed through links on our platform.
Users are solely responsible for complying with the terms of service and policies of any third-party site or service they use.

Third-Party API Integration

We make every effort to ensure seamless integration with third-party APIs.
However, we shall not be liable for any direct, indirect, incidental, consequential, or special damages, losses, or expenses incurred as a result of:
Changes, interruptions, or discontinuation of services by the API provider;
Incompatibility of the API with our application due to changes made by the API provider;
Any other actions or omissions of the API provider.

Modification of Integrations:
In the event that either we or our API provider makes changes that impact our ability to remain compatible, we will make commercially reasonable efforts to adapt our application accordingly. However, we cannot guarantee that all changes or updates made by either party will be successfully implemented or that full compatibility will be maintained.

Third-Party Images

This website and services makes use of stock images supplied by third party websites.
Although care has been taken not to contravene third-party property rights, users agree that if they make use of these images, they do so at their own risk.
Users agree that we shall not be responsible for any loss or damage of any sort incurred as a result of their use of any of these images.

Intellectual Property

Our Intellectual Property
All rights, title, and interest in and to the DIYweb4U platform and services, including but not limited to all software, source code, object code, scripts, programs, templates, workflows, tutorials, online tools, Website Builder features, page editor, admin panels, trade names, logos, slogans, images, electronic data, media, algorithms, structures, and any other proprietary materials (excluding end-user inserted content as defined below), whether registered or unregistered, remain the exclusive property of DIYweb4U or its third-party licensors.
All moral rights are reserved.

You acknowledge and agree that:

  • No ownership rights in DIYweb4U's intellectual property (or any part thereof) are granted or acquired by you or your clients through use, resale, or white-labeling of the services.
  • These Terms do not convey any right, title, or interest in DIYweb4U's intellectual property except for the limited licence expressly granted below.
  • The services and intellectual property are not offered for sale, resale beyond the scope of this Agreement, or unrestricted use, and may not be transferred, assigned, or migrated to another provider without our express written consent.
  • Except as expressly permitted for white-label branding under this Agreement, you may not use, and must not permit your clients to use, the name "DIYweb4U", our logos, slogans, or any other intellectual property in advertising, publicity, on websites, or in any commercial manner without our prior written consent.
  • Nothing in this Agreement constitutes an assignment or waiver of our intellectual property rights under any applicable law.

Client Intellectual Property
Each client's domain name, together with all intellectual property rights in their end-user inserted content—including any text they enter, logos, images, audio, video files, documents, or other materials they upload or insert—remain their property (or that of their licensors). Upon termination of a client's access and domain transfer away from DIYweb4U, they retain ownership, subject to any licences granted to us or you during the subscription period.

Remedies for Breach
Any breach of this Intellectual Property section (by you or a client) may result in immediate suspension or termination of your Reseller account and/or affected client accounts (without refund) and entitle DIYweb4U to pursue all available legal remedies, including but not limited to injunctive relief, damages, and recovery of legal costs on an attorney-and-client scale.

Licence

You are granted a limited, non-exclusive, non-transferable, non-sublicensable (except to your clients as contemplated herein), revocable licence to:

  • Access and use the services solely for the purpose of creating, managing, and hosting websites for your clients on our servers;
  • Market, promote, and resell the services to clients under your own branding (white-label) in accordance with our White Label Option clause;
  • Provide your clients with access to the platform features as necessary for their website creation and management.

You shall not, and shall ensure that your clients do not:

  • Download (other than temporary page caching), modify, copy, reproduce, post, transmit, distribute, disseminate, sell, lease, rent, lend, trade, exploit, or use data mining, robots, spiders, or similar data gathering/extraction tools on any portion of the services;
  • Use framing techniques to enclose any of our logos, proprietary information, images, text, page layout, or forms; use meta tags or hidden text utilising "DIYweb4U" or our marks without written consent;
  • Reverse engineer, decompile, disassemble, decrypt, derive source code from, create derivative works from, or attempt to recreate or derive any algorithms, structures, or functionality from any part of the platform (this prohibition survives termination indefinitely and applies to you and your clients);
  • Use, disclose, or exploit any confidential or proprietary information obtained through the platform (including workflows, templates, non-public features, code structures, or other insights gained exclusively from the services), except as expressly permitted (this confidentiality obligation survives termination indefinitely or until such information becomes lawfully public through no fault of yours or your clients).

You agree to impose equivalent or stricter intellectual property protections on your clients through your agreements with them. You remain responsible for ensuring your clients' compliance with these restrictions, and any breach by a client shall be deemed a breach by you.

All rights not expressly granted are reserved; no licences arise by implication or estoppel.

Prohibited Activities and Content

Neither you nor your clients may use our platform to host, publish, or distribute content, or to engage in any activity that is unlawful or harmful. This includes, but is not limited to:

  • Illegal Activities — Content or services that violate any local, national, or international law, including fraud, scams, or impersonation.
  • Offensive or Harmful Content — Material that is obscene, pornographic, hateful, violent, or otherwise offensive.
  • Intellectual Property Violations — Publishing content that infringes copyright, trademark, or other intellectual property rights without permission.
  • Misrepresentation — Impersonating any person, company, or entity, or making misleading claims.
  • Unauthorised Data Collection / Spam — Collecting personal data without consent or sending unsolicited communications.

We reserve the right to remove content or suspend accounts that violate these rules, with or without notice.

Security and Platform Misuse

You agree to use the services only to build and maintain legitimate websites. The following activities are prohibited:

  • Unauthorised Access — Attempting to gain access to servers, networks, databases, or other systems without permission.
  • Malware and Harmful Code — Uploading or distributing viruses, spyware, worms, Trojan horses, or any harmful or obfuscated files.
  • Prohibited Files — Uploading password-protected, encrypted, or obfuscated files that prevent inspection.
  • Third-Party Service Abuse — Violating the rules of services linked from your website (search engines, subscription services, forums, apps).

LIMITATIONS OF LIABILITY

To the fullest extent permitted by South African law, we and our affiliates shall not be liable to you or any other person for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, loss of data, business interruption, loss of goodwill, or other intangible losses, arising out of or related to the use of this website or services, or any third-party content, even if we have been advised of the possibility of such damages. Nothing in these terms limits or excludes any liability that cannot be limited or excluded under South African law.

You acknowledge that these limitations are agreed allocations of risk and form part of the consideration for the services we provide.

Maximum Direct Damage

Our total liability for any direct damages will not exceed the total amount you have paid us for the applicable package, including any setup fees and subscription payments.
If you have not made any payments for two (2) months or longer preceding the event giving rise to a claim, we shall have no liability to you.
No action may be brought more than three (3) years after the cause of action arises, in accordance with the Prescription Act 68 of 1969.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend us and our affiliates from any claims, losses, liabilities, costs, or expenses (including attorney fees) arising from your use of the website or services, your content, or any breach of this agreement by you or anyone using your account.
You must fully cooperate at your expense as reasonably required. We may assume control of any defense, and you may not settle any claim involving us without our prior consent.
This indemnity does not apply to the extent prohibited by South African law.

DISCLAIMER OF WARRANTIES

Our website and services are provided "as is" and "as available", without any warranties of any kind, express or implied.
We do not guarantee that access will be uninterrupted, secure, or error-free, or that defects will be corrected.
We make no representations regarding the accuracy, reliability, currency, completeness, performance, or suitability of our services or third-party content.
We do not warrant that our website, servers, or services are free of viruses or other harmful components, or that email or data sent through our system is private or secure.
You are responsible for all equipment, software, and connectivity required to access and use our services, and any costs associated with them.
Nothing in this section excludes warranties that cannot be excluded under applicable law.

Dispute Resolution

Any dispute arising from these Terms shall first be addressed through informal negotiation. If unresolved within 15 business days, the dispute will be submitted to mediation. If mediation fails, either party may refer the dispute to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) and the Consumer Protection Act.

Jurisdiction

South African law governs this Agreement and you agree to submit to the exclusive jurisdiction of the Magistrates Court of South Africa, in the province and city determined solely by us, to resolve any legal matter arising from this Agreement, or related to your use of this website and/or services.

Miscellaneous

Headings
Any heading, caption or title in this Agreement is only for reference and does not necessarily define or explain any section hereof.

Changes to Website
We may change or stop publishing this website with 30 days notice and will not be responsible for any consequences.

Precedence
In the event of any inconsistency or conflict between these Terms and any of our Third-Party supplier Terms, DIYweb4U Terms shall take precedence.

Severability
If any provision of this Agreement is unenforceable, the balance of this Agreement remains in full force.

Waiver
If we fail to enforce any of this Agreement, it will not be considered a waiver.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.

Force Majeure
Neither party is liable for any default or delay of its obligations under this Agreement (other than failure to make due payments) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including without limitation, fire, flood, acts of God, labour disputes, accidents, or the failure of any third party to supply the products or services required for such party to perform its obligations herein.

Breach of Agreement
Neither party is responsible for breach of this Agreement caused by circumstances beyond its control; either party may cancel the Agreement on written notice to the other if the circumstances persist for more than 60 calendar days.

Notifications
We may occasionally send you notifications via WhatsApp, email or sms, regarding promotions, updates or handy tips. If you do not want to receive these notices, please notify us at any time.

Transfer
You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without our prior written consent.
We may assign our rights and obligations under this Agreement without your consent or prior notice to you.

Legal Advice
You accept that we do not provide any legal advice or any recommendation with respect to any laws or legal requirements, or your compliance therewith.

Statutory Rights
Nothing in these Terms limits or excludes any rights or remedies available to you under the Consumer Protection Act, 2008, or any other applicable law.

Entire Agreement
These Terms of Use are the entire Agreement between the parties.

YOU AGREE THAT THE ENTIRE TERMS OF THIS AGREEMENT ARE REASONABLE.
If you do not consider them reasonable, you must refrain from using this website or our services, or contact us in advance to discuss alternative terms.

Thank you for taking the time to read through the Terms.
We look forward to being of service to you.

If you have any questions or comments, concerning the Terms, you are welcome to

Last updated: April 2026

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