Terms & Conditions

1. Introduction

These Terms & Conditions govern the provision of website design, development, hosting, and related services by Guesthouse Websites ("we", "us", or "our") to its customers ("Client", "you", or "your").

By accepting a quotation, signing up for a subscription, making payment, or otherwise expressly agreeing to these Terms, the Client enters into a service agreement with Guesthouse Websites.

All services are subject to these Terms, the applicable package description, and any written quotation or agreement.

2. Website-as-a-Service (WaaS)

Guesthouse Websites provides websites through a subscription-based Website-as-a-Service model.

Under this model:

• The Client pays a recurring monthly subscription fee.
• Guesthouse Websites designs, develops, and hosts the website according to the selected package.
• The subscription grants the Client a limited, non-exclusive right to use the completed website while the subscription remains active.
• The monthly subscription is not an instalment purchase of the website.
• Payment of monthly subscription fees does not automatically transfer ownership of the website's design, code, templates, or proprietary components.

Any alternative ownership arrangement must be agreed upon in writing.

3. Website Ownership and Intellectual Property

Unless expressly agreed otherwise in writing, Guesthouse Websites retains ownership of its original website designs, custom development work, source code, layouts, templates, reusable components, and proprietary technical solutions created for the service.

The Client retains ownership of all original materials supplied by the Client, including:

• Business names and logos.
• Photographs and videos.
• Written content and descriptions.
• Trademarks and branding materials.
• Client-owned domain names.

The Client grants Guesthouse Websites permission to use these materials for the purpose of providing the agreed services.

Third-party software, plugins, fonts, themes, and other licensed materials remain subject to their respective licence agreements.

The Client may not reproduce, redistribute, resell, or transfer Guesthouse Websites' proprietary website components without written authorisation.

4. Website Transfers and Buyouts

The Client may request to purchase and transfer the completed website to another hosting provider or developer.

A website transfer is not automatically included in the monthly subscription.

Where the Client requests ownership or transfer of the website:

1. Guesthouse Websites will provide a separate written quotation for the website buyout and any applicable migration services.
2. The buyout quotation will reflect the relevant development work, intellectual property rights being transferred, and any applicable commercial considerations.
3. Any outstanding invoices for services already supplied must be settled, subject to applicable law.
4. Transfer arrangements will be confirmed in writing before work commences.
5. Upon payment and completion of the agreed transfer requirements, Guesthouse Websites will provide the agreed transferable website files and other deliverables.
6. Third-party licences, proprietary systems, and non-transferable components are excluded unless expressly agreed otherwise.

Guesthouse Websites does not guarantee that all functionality will operate identically on a different hosting platform.

A request to transfer a website does not, by itself, terminate the subscription or establish ownership rights.

The Client's right to cancel the subscription remains separate from the option to purchase the website.

5. Monthly Subscription Fees

Monthly subscription fees cover the services expressly included in the Client's selected package.

Unless otherwise stated in writing, these include:

• Hosting of the website on infrastructure selected or managed by Guesthouse Websites.
• Continued use of the agreed website design and functionality.
• Basic hosting infrastructure administration.
• Services specifically identified as included in the selected package.

Monthly subscription fees do not include ongoing website changes, content updates, redesigns, or additional development.

The subscription also excludes, unless expressly stated:

• Domain registration and renewal.
• Premium third-party licences.
• Paid integrations and external subscriptions.
• SEO campaigns and digital marketing.
• Email hosting or email support.
• Content creation, copywriting, and photography.
• Additional website functionality.

The applicable monthly price, billing frequency, and any once-off charges will be confirmed before the Client accepts the service.

6. Website Changes and Additional Work

The monthly subscription does not include unlimited or ongoing changes to the website.

Once the initial website has been completed and approved, any requested modifications will be treated as additional work unless expressly included in the selected package.

Examples include:

• Changing text, images, or contact details.
• Adding or removing website sections.
• Creating additional pages.
• Changing colours, fonts, or layouts.
• Adding booking systems or integrations.
• Uploading new galleries or promotional material.
• Adding new features or functionality.
• Redesigning existing pages.

All additional work will be quoted separately and invoiced independently of the monthly subscription.

No chargeable additional work will commence without the Client's approval of the quotation.

Corrections of defects attributable to Guesthouse Websites in the originally agreed work will be handled separately from chargeable change requests, subject to applicable law and the agreed service scope.

7. Initial Website Development and Approval

The Client must supply the content, images, business details, and other information reasonably required for website development.

Guesthouse Websites will develop the website according to the agreed package and scope.

The Client will be provided with an opportunity to review the website before launch.

Changes necessary to bring the website into conformity with the originally agreed scope will be addressed as part of the development process.

Requests that expand or materially change the original scope may require an additional quotation.

Once the Client approves the website for launch, subsequent discretionary changes will be treated as additional work.

Development timelines depend on timely receipt of content, approvals, and other information from the Client.

8. Invoicing and Payment

Monthly subscription fees are payable in advance according to the billing schedule stated on the invoice or accepted quotation.

Additional services will be invoiced separately in accordance with the approved quotation.

The Client agrees that:

• Invoices must be paid by their stated due dates.
• Additional work may require payment before commencement.
• Unpaid invoices may result in the suspension of further additional development work.
• Hosting services may be suspended for material non-payment only after appropriate notice and any legally required opportunity to remedy the breach.
• Outstanding amounts remain payable for services already rendered, subject to applicable law.

Guesthouse Websites reserves the right to take lawful steps to recover overdue amounts.

9. Cancellation of Services

Unless a different lawful arrangement is expressly agreed in writing, subscriptions operate on a month-to-month basis.

The Client may cancel by providing 30 calendar days' written notice, or any shorter notice required by applicable law.

Where a fixed-term agreement is subject to section 14 of the Consumer Protection Act, the Client retains the statutory right to cancel on 20 business days' notice, subject only to lawful charges.

Cancellation of the subscription:

• Ends the Client's right to continue using Guesthouse Websites' proprietary website components after the effective termination date.
• Does not automatically grant ownership of the website design or source code.
• Does not affect the Client's ownership of its own original content and materials.
• Does not require the Client to purchase the website.
• Does not prevent the Client from arranging a separate website buyout.

Guesthouse Websites will provide reasonable arrangements for the return or export of Client-owned materials, subject to applicable law and any agreed technical service charges.

10. Suspension and Termination

Guesthouse Websites may suspend or terminate services where permitted by law, including in cases of material non-payment, unlawful use, or serious breach of these Terms.

Where required, the Client will receive written notice and a reasonable opportunity to remedy the breach.

Following lawful termination, the website may be taken offline and hosting resources deactivated.

Guesthouse Websites will not intentionally withhold Client-owned domain names or personal information as leverage for payment.

Any deletion of hosted content or backups will be handled according to the applicable retention policy, legal obligations, and prior notices.

11. Domain Names

Domain registration is a separate service unless specifically included in the Client's package.

Where a domain is registered on behalf of the Client, its ownership and registrant details will be governed by the applicable registrar rules and the agreed registration arrangement.

A Client-owned domain may be transferred to another provider in accordance with applicable domain registration requirements.

Website ownership and domain ownership are separate matters.

12. Hosting, Maintenance, and Availability

Guesthouse Websites will take reasonable measures to maintain the hosting environment and provide reliable website availability.

However, uninterrupted availability cannot be guaranteed.

Temporary interruptions may arise from server maintenance, third-party outages, cyberattacks, network failures, or circumstances beyond our reasonable control.

Unless expressly included in the package, the monthly fee does not cover ongoing content management, major software upgrades, third-party integration repairs, or additional website development.

Guesthouse Websites will exercise reasonable care and skill in delivering its services.

13. Client Responsibilities

The Client is responsible for:

• Providing accurate and lawful website content.
• Ensuring ownership or appropriate permission to use supplied images, logos, and other materials.
• Reviewing and approving website content.
• Maintaining accurate business and contact information.
• Complying with laws relevant to the Client's business.
• Paying agreed invoices on time.

The Client is responsible for the accuracy of accommodation descriptions, rates, policies, and availability information supplied for publication.

14. Third-Party Services

Websites may incorporate third-party services such as booking engines, maps, analytics, payment gateways, or external plugins.

These services may have their own fees, licences, terms, and privacy requirements.

Guesthouse Websites is not responsible for failures or policy changes by independent third-party providers, except where responsibility arises from our own acts or omissions or applicable law.

15. Limitation of Liability

To the maximum extent permitted by South African law, Guesthouse Websites will not be liable for indirect or consequential losses arising from events outside its reasonable control.

Guesthouse Websites does not guarantee specific website traffic, search engine rankings, enquiries, bookings, or revenue.

Nothing in these Terms excludes liability that cannot lawfully be excluded, or limits the Client's statutory consumer rights.

16. Privacy and Data Protection

Personal information will be handled in accordance with our Privacy Policy and applicable South African data protection legislation, including POPIA.

Where Guesthouse Websites processes personal information on behalf of a Client, the parties may be required to agree on additional data-processing and security arrangements.

17. Changes to These Terms

Guesthouse Websites may update these Terms from time to time.

Material changes affecting existing subscriptions will be communicated with reasonable advance notice, and any required consent will be obtained.

Changes will not retrospectively remove rights already accrued under an existing agreement.

18. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any dispute will be handled in accordance with applicable South African law, without limiting any rights to approach a competent court, regulator, or recognised consumer dispute-resolution body.

19. Contact Information