Purpose of this Document

This document consolidates and supersedes all previous Webbuilder and ECCSA legal documents, including WooCommerce build rules, client responsibility documents, hosting terms, care plans, SEO services, Google Ads services, AI usage disclosures, security disclaimers, and related policies.

It constitutes the single authoritative legal framework governing all services rendered by Webbuilder.

Service quotations act as schedules to this framework.

1. Legal Entity & Brand Structure

Webbuilder is a technical services brand operated by Esterhuizen Consulting & Coaching (ECCSA).

All services are rendered by ECCSA, trading as Webbuilder, and governed by the laws of the Republic of South Africa.

2. Scope of Services

Services may include, but are not limited to:

• Website development
• WooCommerce eCommerce builds
• Hosting and backups
• Care plans and maintenance
• Security configuration and hardening
• SEO configuration and optimisation
• Google Ads management
• Analytics setup
• AI-assisted services
• Technical consulting

Only services explicitly listed in a written quotation are included. Any service not listed in a quotation is excluded and subject to separate agreement and pricing.

3. WooCommerce eCommerce Build Rules

WooCommerce builds include:

• WordPress installation
• WooCommerce installation
• Theme setup
• Essential store configuration
• Basic payment gateway configuration
• Basic shipping setup
• Two review rounds

The following are excluded unless expressly quoted:

• Product loading
• Advanced functionality
• Analytics
• Premium plugins
• SEO configuration
• AI visibility
• Additional revisions

4. Hosting, Availability & Downtime

Hosting is provided on a best-effort basis.

No uptime guarantee or Service Level Agreement (SLA) is provided unless expressly agreed in writing.

Webbuilder is not liable for losses resulting from:

• Downtime
• Maintenance
• Infrastructure outages
• Payment gateway failures
• Domain provider issues
• Plugin conflicts
• Cyber incidents
• Third-party provider outages
• Force majeure events

No online system can guarantee 100% uptime.

5. Monthly Care Plans

Basic Monthly Care Plans include:

• WordPress core updates
• Theme updates
• Plugin updates

The following are excluded unless expressly included in a higher-tier plan:

• Content edits
• Product updates
• Bug fixes
• Development changes
• SEO work
• Performance optimisation
• Security incident recovery

All additional work is quoted separately.

6. Client Responsibilities (eCommerce Operations)

The client is the seller and remains fully responsible for:

• Product legality and compliance
• Accurate product descriptions and pricing
• Tax configuration (including VAT where applicable)
• Stock management
• Order fulfilment
• Returns and refunds
• Customer communication
• Dispute handling

Webbuilder does not act as the seller, merchant, distributor, or payment intermediary.

7. Legal Compliance – South Africa

Clients must comply with all applicable legislation, including but not limited to:

• Consumer Protection Act (CPA)
• Protection of Personal Information Act (POPIA)
• Electronic Communications and Transactions Act (ECTA)
• Advertising regulations
• Industry-specific regulations

Webbuilder does not provide legal advice. Clients are responsible for obtaining independent legal and compliance advice.

8. Content Ownership, Blogs & Copyright

Clients warrant that all content supplied or approved for publication is owned or properly licensed, including:

• Product images
• Supplier images
• Staff photos
• Stock images
• Logos
• Videos
• Audio
• Written content
• Blog posts and articles
• Fonts
• Third-party materials

This includes blog posts, news content, and written publications hosted on the website.

Webbuilder does not verify ownership or licensing of client content.

Clients indemnify Webbuilder/ECCSA against all copyright, intellectual property, defamation, regulatory, or related claims arising from such content.

9. Social Media & Automated Publishing

Webbuilder does not create, approve, review, or manage social media content unless expressly agreed in writing.

The client remains solely responsible for all social media content published or distributed via:

• Manual posting
• Social media plugins
• Integrations
• Feeds
• Scheduling tools
• AI-assisted tools
• Automated publishing systems

Automated posting does not remove the client’s responsibility for legality, accuracy, copyright compliance, regulatory compliance, or platform policy adherence.

Clients indemnify Webbuilder against claims arising from social media content.

10. Security, Fraud & Hacked Site Recovery

Security tools reduce risk but do not guarantee protection.

If a website is hacked:

• Backup restoration may be attempted where available.
• If backups do not resolve the issue, recovery work is billed hourly at Webbuilder’s standard rate.

Webbuilder is not liable for:

• Data loss
• Revenue loss
• Reputational damage
• Cybercrime losses
• Fraud
• Chargebacks

11. Third-Party Providers

Webbuilder is not responsible for the performance, policies, pricing changes, suspensions, outages, or actions of third-party providers, including but not limited to:

• Hosting providers
• Domain registrars
• Payment gateways
• Plugin developers
• Google
• Meta
• AI platforms
• Advertising platforms

All third-party services operate under their own terms and conditions.

12. SEO, Analytics & AI Visibility

SEO configuration, product SEO, analytics setup, conversion tracking, and AI visibility are optional add-ons.

No rankings, traffic, leads, conversions, revenue outcomes, or AI discovery results are guaranteed.

Search engines, AI platforms, and advertising systems operate independently of Webbuilder.

13. Google Ads & Paid Advertising

Google Ads services:

• Do not guarantee results, leads, sales, or ROAS
• Require client-funded ad spend paid directly to the platform
• Do not guarantee approval of ads or account stability

Ad account structures, optimisation methodologies, and proprietary configurations remain Webbuilder intellectual property unless transferred in writing.

14. Pro Plugins & Licensing

Premium plugins and licences are not included unless stated in a quotation.

Licences remain Webbuilder property unless expressly transferred in writing.

Access does not constitute ownership.

15. AI Use Disclaimer

AI tools may be used for diagnostics, optimisation, advertising insights, content assistance, or analysis.

AI outputs are advisory and require human validation.

Webbuilder accepts no liability for inaccuracies, omissions, or performance outcomes arising from AI-generated content or analysis.

16. Payments, Refunds & Non-Refundability

Custom builds, hosting, care plans, SEO services, advertising services, consulting, and technical work are non-refundable, except where required by South African law.

17. Suspension & Termination

Webbuilder reserves the right to suspend or terminate services in cases of:

• Non-payment
• Illegal content
• Fraudulent activity
• Regulatory risk
• Breach of this framework
• Reputational risk to Webbuilder/ECCSA

Suspension does not waive outstanding payment obligations.

18. Limitation of Liability

To the maximum extent permitted by law:

• Liability is limited to the fees paid for the affected service in the preceding three (3) months.
• Webbuilder is not liable for indirect, consequential, incidental, reputational, revenue, profit, or business losses.

Nothing in this document excludes liability where exclusion is not permitted under South African law.

19. Indemnity

Clients indemnify and hold harmless Webbuilder/ECCSA against claims arising from:

• Client content
• Blog posts
• Social media content
• Compliance failures
• Advertising claims
• Fraud
• Misuse of services
• Regulatory breaches

20. Force Majeure

Webbuilder shall not be liable for delays or failures resulting from events beyond reasonable control, including:

• Natural disasters
• Infrastructure failure
• Cyberattacks
• Load shedding
• Regulatory action
• Civil unrest
• Third-party outages

21. Governing Law & Jurisdiction

This framework is governed by the laws of the Republic of South Africa.

South African courts have exclusive jurisdiction.

22. Document Hierarchy

This framework prevails over all previous documents, emails, proposals, or website pages.

Written quotations act as schedules to this agreement.

Contact
For legal or compliance-related enquiries relating to Webbuilder, please contact us via the details published on webbuilder.co.za.