Website Terms

User Services

User Content
You may only use content which you own, have created or which you have clear permission to use. You fully understand and agree that you are solely responsible for all content that you 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, online shop, online courses, blog etc., and any other components, may not be suitable for every purpose and may not contain particular functionalities that you need or 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 your website or its content. 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 website 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, 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 your website, and must be directly related to the general nature of your website index;
• 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 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 the client's website, however, we reserve the right to:

• monitor the servers, and content within user 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 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, you agree that if you make use of these images, you do so at your own risk.
You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your 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 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 through use of the website or services.
• These Terms do not convey any right, title, or interest in DIYweb4U's intellectual property except for the limited, non-exclusive, non-transferable, non-sublicensable, revocable licence expressly granted below.
• The services and intellectual property are not offered for sale, resale, or unrestricted use, and may not be transferred, assigned, or migrated to another web host, internet service provider, or third party without our express written consent.
• You may not use the name "DIYweb4U", our logos, slogans, or any other intellectual property in advertising, publicity, on your website, or in any commercial manner without our prior written consent.
• Nothing in these Terms constitutes an assignment or waiver of our intellectual property rights under any applicable law.

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

Your Intellectual Property
Your domain name, together with all intellectual property rights in User Inserted Content—including any text you enter, logos, images, audio, video files, documents, or other materials you upload or insert—remain your property (or that of your licensors). Upon termination and domain transfer away from DIYweb4U, you retain ownership, subject to any licences granted to us during subscription (e.g., for hosting/display).

Remedies for Breach
Any breach may result in immediate suspension or termination of your account (without refund) and entitle DIYweb4U to all legal remedies, including injunctive relief, damages, and costs on an attorney-and-client scale.

Licence

You are granted a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the services solely for creating, managing, and hosting a website on our servers during your active subscription.

You shall not, and shall not assist or permit others to:

• 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);
• 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).

Prohibited Activities and Content

You may not 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.
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