Terms and Conditions
These Terms & Conditions of Trading apply to services provided by Focus Poynt (Pty) Ltd (“Focus Poynt”, “we”, “us” or “our”) to the client (“client”, “you” or “your”).
These terms are intended to provide clarity regarding the services provided, payment, responsibilities, limitations and other conditions applicable to our working relationship.
By accepting a quotation, making a payment, instructing Focus Poynt to proceed with work, or continuing to use a service provided by Focus Poynt, you acknowledge that you have read, understood and agreed to these Terms & Conditions.
1. GENERAL TERMS
1.1 Acceptance of Terms
No work or service will commence until the applicable quotation has been accepted and, where required, the applicable payment has been received.
Payment of an invoice or deposit constitutes acceptance of these Terms & Conditions.
1.2 Communication and Notices
Unless otherwise agreed, communication relating to projects and services may take place by email or other electronic communication.
The client is responsible for ensuring that Focus Poynt has a current and functioning email address and that communications sent to the client are received and reviewed.
Written notices provided by email will constitute valid communication for the purposes of these Terms & Conditions.
1.3 Client Responsibilities
The client is responsible for providing accurate information, content, approvals, access credentials and other assistance reasonably required for Focus Poynt to provide the services.
The client is also responsible for ensuring that it has the necessary rights and permissions to use any content supplied to Focus Poynt.
Failure to provide information, approvals, access or assistance may result in delays and additional charges.
1.4 Subcontracting
Focus Poynt reserves the right to subcontract or engage third-party service providers to perform any portion of the services where reasonably required.
This may include hosting providers, domain registrars, software or plugin providers, developers, designers or other technical service providers.
1.5 Confidentiality
Both parties agree to keep confidential any non-public business, technical, financial or other information received from the other party in connection with the services.
This obligation does not apply to information that is already publicly available, independently obtained, or required to be disclosed by law.
1.6 Breach
Should either party breach any material term of these Terms & Conditions, the other party may provide written notice requiring the breach to be remedied within 7 days.
Email communication will constitute sufficient written notice.
If the breach is not remedied within the applicable period, the affected party may exercise any rights available to it under these Terms & Conditions or applicable law.
1.7 Factors Beyond Reasonable Control
Focus Poynt will not be responsible for delays, failures or interruptions caused by circumstances beyond its reasonable control.
This may include internet or network failures, hosting or server outages, third-party service failures, software provider failures, cyber incidents, natural disasters, power failures, strikes, government actions or other circumstances outside Focus Poynt’s reasonable control.
1.8 Limited Liability
Focus Poynt shall not be liable for any loss, damage, claim, expense or liability arising directly or indirectly from the services provided, including loss of profits, loss of business, loss of data or consequential loss.
Focus Poynt’s liability, where applicable, shall in no circumstances exceed the net revenue received by Focus Poynt from the client in respect of the service giving rise to the claim.
Any claim against Focus Poynt must be instituted within 3 months of the event giving rise to such claim, failing which the claim shall lapse.
1.9 No Warranty
While Focus Poynt will use reasonable care and skill in providing the services, no guarantee is given that a website, hosting service, software integration or other service will be completely uninterrupted, error-free or compatible with every third-party system, device, browser or future software version.
1.10 No Waiver
Failure by Focus Poynt to enforce any provision of these Terms & Conditions at any time shall not constitute a waiver of its right to enforce that provision at a later date.
1.11 Whole Agreement
These Terms & Conditions, together with the applicable quotation, proposal, invoice and any other written agreement between Focus Poynt and the client, constitute the entire agreement between the parties relating to the services.
1.12 No Variation
No amendment or variation of these Terms & Conditions will be valid unless agreed in writing by both parties.
1.13 Severability
If any provision of these Terms & Conditions is found to be invalid or unenforceable, that provision shall be severed to the extent necessary and the remaining provisions shall remain in full force and effect.
1.14 Governing Law
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
1.15 Attorney and Client Costs
Should Focus Poynt be required to take legal action to enforce any of its rights arising from these Terms & Conditions or the agreement with the client, the client shall be liable for all legal costs incurred by Focus Poynt on the attorney and client scale, including collection costs and other reasonable legal expenses, to the extent permitted by law.
1.16 Acceptance
By accepting a quotation, making payment, instructing Focus Poynt to commence work or continuing to use a service provided by Focus Poynt, the client confirms that they have read, understood and agreed to these Terms & Conditions.
2. WEBSITE DESIGN & DEVELOPMENT
2.1 Project Description
Focus Poynt will provide website design and development services as described in the applicable quotation, proposal, invoice or other written agreement.
The scope of work will be based on the requirements agreed with the client before commencement of the project.
Any services, functionality, pages, integrations or other work not specifically included in the agreed scope may be charged separately.
2.2 Quotations
Quotations issued by Focus Poynt, whether provided by formal quotation, email, message or other written communication, will remain valid for 30 days unless otherwise stated.
Any work requested by the client that falls outside the accepted quotation will be quoted separately and will only be undertaken once approved by the client.
2.3 Client Content and Responsibilities
The client is responsible for providing Focus Poynt with all information, text, images, logos, photographs, documents, account details and other content reasonably required to complete the project.
Content should be supplied electronically wherever reasonably possible.
The client warrants that it has the necessary rights, permissions and authority to provide and use any content supplied to Focus Poynt.
Focus Poynt will not be responsible for verifying ownership, licensing or copyright permissions relating to material supplied by the client.
Where Focus Poynt is required to obtain, prepare, edit, type, format or otherwise create content beyond the agreed scope, additional charges may apply.
The client remains responsible for ensuring that all information supplied for publication is accurate and suitable for use.
2.4 Client Approval and Revisions
The client will be given reasonable opportunities to review and provide feedback on the website during the development process.
Revisions requested within the agreed scope will be undertaken as reasonably required to complete the agreed project.
Requests that materially change the original design, structure, functionality, content or scope may be treated as additional work and charged separately.
The client is responsible for reviewing and approving the website before final completion.
Once the client has approved the website or requested that it proceed to final completion, subsequent changes may be charged separately.
2.5 Variations to the Project
Any variation to the agreed scope should be requested and agreed in writing before the additional work is undertaken.
Additional work may result in additional charges and may affect the estimated completion date.
2.6 Project Delays
The client acknowledges that the completion of a website project may depend on the timely provision of content, information, approvals, feedback, access credentials and other assistance.
Where a project is delayed as a result of the client’s failure or inability to provide the required information, content, approvals or access, the project completion date may be extended accordingly.
Where Focus Poynt is unable to complete a project within 30 days due to the client’s inability or failure to provide the required information, content, approvals or access, Focus Poynt reserves the right to invoice the client for work completed to that point.
2.7 Project Inactivity
Where a website project remains inactive for an extended period due to the client, Focus Poynt may require the project to be re-quoted before work resumes.
This may apply where pricing, software, third-party services, project requirements or Focus Poynt’s availability have materially changed since the original quotation.
2.8 Payment
Unless otherwise agreed in writing:
- A 50% deposit is required within 7 days of acceptance of the quotation and before work commences.
- The remaining 50% balance is payable on completion and delivery of the website, but before final handover.
- Payment is to be made by EFT unless otherwise agreed.
The deposit is an advance payment toward the project and enables Focus Poynt to reserve time and resources for the project and commence planning, preparation and development.
Where the client cancels the project, the deposit will not automatically be regarded as fully refundable or fully forfeited. Any amount retained by Focus Poynt will be determined with regard to the work performed, time allocated, costs incurred, discounts granted and a reasonable cancellation or administration charge, taking the circumstances of the cancellation into account.
Focus Poynt reserves the right to withhold final handover, publication, transfer of files or other final deliverables until all outstanding amounts have been paid.
Late payment may result in additional charges or revised pricing where applicable.
2.9 Cancellation of a Website Project
The client may cancel a website project by providing written notice.
If the project is cancelled before work has commenced, Focus Poynt may retain a reasonable administration or cancellation charge and any non-refundable third-party costs already incurred on behalf of the client. Any remaining balance of the deposit will be refunded to the client.
If the project is cancelled after work has commenced, Focus Poynt may retain an amount from the deposit and any other payments received in respect of:
- work already completed;
- consultations, meetings and planning already undertaken;
- time allocated to the project;
- costs or expenses incurred on behalf of the client;
- non-refundable third-party costs;
- discounts granted in contemplation of the project proceeding; and
- a reasonable cancellation or administration charge.
The amount retained will be determined having regard to the circumstances of the cancellation and the services and resources committed to the project.
Any amount remaining due to the client after these deductions will be refunded.
Where the value of work completed and applicable charges exceeds the amount already paid, the outstanding balance will become payable by the client.
2.10 Delivery and Final Handover
The website will be regarded as delivered when the agreed website development work has been completed and the website has been made available to the client for review or use.
Final handover of the website, including transfer of applicable files, credentials or other agreed deliverables, will only take place once all outstanding amounts have been paid in full.
The client is responsible for reviewing the website and notifying Focus Poynt of any issues or omissions within a reasonable period following delivery.
2.11 Intellectual Property
All rights and interest in the source files, website design and development work produced by Focus Poynt for the client shall remain the property of Focus Poynt until all agreed amounts relating to the project have been paid in full.
Upon full payment of all agreed amounts, the applicable rights and interest in the completed website work and source files will be ceded/transferred to the client, subject to any third-party software, plugins, themes, stock material, fonts, licences or other components that remain subject to their respective third-party terms and licences.
Transfer of rights to the completed website does not include ownership of third-party software, plugins, themes, fonts, stock images, APIs or other licensed materials, which remain subject to the applicable third-party licence terms.
2.12 Third-Party Software, Plugins and Services
Websites may make use of third-party software, plugins, themes, APIs, fonts, payment gateways, hosting services, integrations and other third-party services.
Such third-party products and services may be subject to their own terms, licences, pricing, availability and limitations.
Focus Poynt cannot guarantee the continued availability, compatibility, functionality or pricing of third-party products or services.
Where a third-party licence or subscription is required, the cost may be payable by the client.
3. WEBSITE MANAGEMENT & TECHNICAL SUPPORT
3.1 Management Service
Website Management services are provided according to the management package selected by the client.
Depending on the package, services may include WordPress, theme and plugin updates, website backups, malware and security checks, troubleshooting, performance-related maintenance and other agreed technical services.
The exact services included will be determined by the selected management package or quotation.
Website Management does not constitute unlimited technical support or unlimited development work.
Requests for new functionality, substantial design changes, new pages, custom development, content creation or other work outside the agreed management service may be quoted separately.
Where Focus Poynt takes over the management of an existing website, any pre-existing errors, security issues, malware, outdated software, broken functionality or other technical problems may require additional work and charges before or during the provision of ongoing management services.
3.2 Website Security and Outdated Software
WordPress websites rely on software such as WordPress core, themes, plugins and third-party services.
Focus Poynt may apply updates to WordPress, themes and plugins as part of the client’s management service, according to the applicable management package.
The client acknowledges that outdated or unsupported software may create security, compatibility, performance or functionality risks.
Focus Poynt may recommend, update, replace or remove outdated, unsupported or problematic software where reasonably necessary.
Where a plugin, theme or other software is no longer maintained by its developer, becomes incompatible with the website, creates security concerns or causes technical problems, Focus Poynt may recommend its replacement or removal.
Focus Poynt cannot guarantee that a website will remain completely free from security vulnerabilities, malware, hacking attempts or other security incidents.
3.3 Backups
Where backups are included in the applicable management package, Focus Poynt will make reasonable efforts to maintain backups according to the package selected.
Backups are intended as a recovery measure and do not constitute a guarantee that every version or item of website data can be restored.
The client remains responsible for retaining copies of important content and information where required.
3.4 Third-Party and Client Changes
Focus Poynt is not responsible for problems caused by changes made by the client, another developer, hosting provider, third-party service provider, plugin or theme developer, or other party.
This includes, but is not limited to:
- modifications to website code;
- installation or removal of plugins;
- changes to hosting or server configuration;
- changes to DNS or domain settings;
- third-party software updates;
- changes to APIs or integrations;
- changes to payment gateways; or
- changes made to the website without the involvement or knowledge of Focus Poynt.
Where a website has been modified by the client or another third party, Focus Poynt may charge separately for investigation, troubleshooting or corrective work required as a result.
3.5 Management Payment
Website Management services are billed monthly in advance unless otherwise agreed in writing.
Payment is due within 7 days of the invoice date.
Website Management services may be suspended where payment remains outstanding.
3.6 Cancellation of Website Management
Website Management services may be cancelled by the client by providing one calendar month’s written notice.
The client may provide cancellation notice at any time during the current billing month.
The current month remains payable and the following month will constitute the final paid service month.
For example, if cancellation notice is provided at any time during September, September remains payable and October will be the final month of Website Management service. No further management fees will be payable after October.
Cancellation of Website Management does not automatically cancel hosting services.
If the client also wishes to cancel hosting, separate notice must be provided in accordance with the hosting cancellation terms.
3.7 Technical Support Outside the Management Service
Work outside the agreed management package may be charged separately at Focus Poynt’s applicable hourly or project rate.
This may include custom development, extensive troubleshooting, website redesign, content changes, third-party integrations, website migrations and other work not included in the selected management package.
4. WEBSITE HOSTING
4.1 Hosting Service
Focus Poynt may provide website hosting services through its own hosting infrastructure or through a third-party hosting provider.
Hosting is provided subject to the limitations, policies and technical conditions of the applicable hosting environment and provider.
4.2 Hosting Payment
Hosting is billed monthly in advance unless otherwise agreed in writing.
Payment is due within 7 days of the invoice date.
Focus Poynt reserves the right to suspend hosting services where payment remains outstanding.
4.3 Hosting Cancellation
Hosting may be cancelled by the client by providing one calendar month’s written notice.
The client may provide cancellation notice at any time during the current billing month.
The current month remains payable and the following month will constitute the final paid hosting month.
For example, if cancellation notice is provided at any time during September, September remains payable and October will be the final month of hosting. No further hosting fees will be payable after October.
Cancellation of hosting does not automatically cancel Website Management services.
If the client also wishes to cancel Website Management, separate notice must be provided in accordance with the Website Management cancellation terms.
At the end of the applicable notice period, the website and/or email hosting package will be removed from the hosting environment. Focus Poynt is not responsible for retaining or maintaining backups of the website, database, email or other hosting data after the hosting service has been terminated.
4.4 Domain Names
Where Focus Poynt registers or manages a domain name on behalf of the client, the client remains the owner and responsible party in respect of the domain name.
Domain registration and renewal fees may be charged separately from hosting fees where applicable. Where Focus Poynt manages the renewal of a domain on the client’s behalf, the applicable renewal fee must be paid by the client before the renewal is processed.
The client is responsible for ensuring that domain registration information remains accurate and up to date.
Focus Poynt is not responsible for the loss, suspension, expiry or cancellation of a domain where this results from non-payment, incorrect information, failure to provide required information, failure to approve a renewal, or other circumstances outside Focus Poynt’s reasonable control.
Where a domain is managed by a third-party registrar, the registrar’s terms and policies will also apply.
Upon cancellation of hosting, the client may request the transfer of its domain to another registrar or service provider, subject to the requirements and procedures of the applicable domain registrar.
Any outstanding amounts due to Focus Poynt must be settled before the transfer or release of applicable account information is completed, subject to applicable law.
4.5 Email Hosting
Where email hosting is provided, the client is responsible for maintaining appropriate email usage and storage.
Email storage forms part of the hosting resources allocated to the account. Increased storage requirements may require an upgrade to the applicable hosting package.
The client is responsible for ensuring that email accounts and passwords are kept secure and for notifying Focus Poynt of any suspected unauthorised access or security issue.
Focus Poynt cannot guarantee uninterrupted email availability or delivery, as email services may be affected by server issues, network problems, spam filtering, third-party systems, DNS issues or other circumstances beyond its reasonable control.
4.6 Migration Assistance
Upon cancellation of hosting, Focus Poynt will reasonably assist the client with information or access required to migrate the website and/or email services to another provider.
This may include providing copies of website files and databases, email information, control panel or other relevant passwords and credentials, where applicable.
Any request for such information or assistance must be made directly by the client or an authorised representative of the client. Focus Poynt will not be required to provide access, credentials or client information directly to a new hosting provider or other third party based solely on a request from that provider.
Where additional technical work is required to perform or assist with the migration itself, such work may be quoted and charged separately.
4.7 Uptime
Focus Poynt will make reasonable efforts to maintain hosting availability but does not guarantee uninterrupted or error-free access to hosted websites.
Downtime may occur due to scheduled maintenance, server issues, network problems, security incidents, third-party infrastructure, upgrades, outages or circumstances beyond Focus Poynt’s reasonable control.
4.8 Backups
Where backups are included in the applicable hosting package, routine backups may be performed according to the hosting environment and applicable package.
Backups are intended as a recovery measure and Focus Poynt does not guarantee that every file, database or previous version of a website can be restored.
The client remains responsible for maintaining copies of important website content and information.
4.9 Resource Usage
Hosting services are intended for normal website use.
Focus Poynt reserves the right to investigate and address excessive or abnormal use of server resources, including excessive CPU, memory, storage, database or bandwidth usage.
Where excessive resource usage negatively affects the hosting environment or other users, Focus Poynt may request that the client address the issue, upgrade the hosting service, or take other reasonable steps to reduce resource usage.
Where necessary, hosting may be temporarily suspended or terminated after reasonable notice if the issue cannot be resolved.
4.10 Acceptable Use
The client is responsible for all content, files, applications and other material hosted under its account.
Hosting may not be used for unlawful activities, malicious software, abusive activities, activities that compromise server security, or activities that materially interfere with the hosting environment or other users.
Focus Poynt reserves the right to suspend or terminate hosting where the client breaches these Terms & Conditions or where continued hosting creates a material security, legal or operational risk.
4.11 Hosting and Website Content
The client remains responsible for the legality, accuracy and ownership of all content hosted on its website.
Focus Poynt does not monitor or verify all content uploaded or published by clients.
4.12 Hosting Suspension or Termination
Focus Poynt may suspend or terminate hosting where:
- payment remains outstanding;
- the client breaches these Terms & Conditions;
- the website or account creates a material security risk;
- the hosting service is being used unlawfully or abusively;
- excessive resource usage cannot reasonably be resolved; or
- suspension or termination is required by the applicable hosting provider or other third party.
Where reasonably possible, Focus Poynt will provide notice before suspension or termination.
Last Updated: 21 September 2026