1. Purpose and Overview

This Agreement sets out the terms under which the Client subscribes to Koos Gagiano Design’ Studios Rent-a-Website service.

The purpose is to provide the Client with a professionally designed, hosted, and maintained website for an affordable recurring monthly fee, instead of a once-off purchase.

The agreement defines both parties’ rights and responsibilities to ensure transparency, data protection, and fair use of the service.

2. The Service

Koos Gagiano Design Studio agrees to:

• Design and develop a custom website suitable for the Client’s business and goals.
• Provide secure hosting, domain registration or integration, and SSL certification.
• Maintain the website’s software (WordPress, plugins, theme) and perform regular updates and backups.
• Monitor uptime and address technical faults that arise from hosting or standard use.
• Provide reasonable technical support, defined as up to one (1) hour of assistance per month, covering minor content updates, troubleshooting, or advice.
• Offer additional services (such as new functionality, layout redesign, or major content changes) at the standard hourly or project rate, with separate written quotes.

3. Subscription Plans

The Client can selected one of the following plans:

• Starter Plan – R499 per month
  (3 pages, domain & hosting, mobile-responsive design)
• Business Plan – R799 per month
  (Up to 6 pages, blog/news section, contact form, basic SEO)
• Pro Plan – R1299 per month
  (Up to 10 pages, eCommerce ready, advanced SEO, priority support)
  (Each plan includes features as listed on koosgagiano.co.za/rent-a-website at the signing date.)

4. Payment Terms

• All payments are monthly in advance and may be made via EFT or PayFast subscription.
  The first month’s payment covers initial setup, domain registration (if required), and the first month’s hosting fee.
• Payments not received within seven (7) days of the due date may result in suspension of the website until the account is brought up to date.
• Continued non-payment beyond fourteen (14) days may result in termination of hosting and loss of access.
  All prices are quoted in South African Rand (ZAR).

5. Minimum Term and Cancellation

• The minimum subscription period is twelve (12) months from the effective date.
• After the minimum period, either party may cancel the subscription by giving thirty (30) days’ written notice.
• Cancellations must be submitted by email to koos@koosgagiano.co.za with the subject line “Subscription Termination” to ensure correct processing.
• Hosting and maintenance will continue until the end of the paid-up month, after which the site will be deactivated.
• The Client may request a buy-out of the website at any time, which will include a once-off transfer fee quoted in writing.
• If a buy-out occurs, Koos Gagiano Design Studio will transfer domain and hosting access (if applicable) upon full settlement of all outstanding fees.

6. Ownership and Licensing

• All source files, themes, layouts, code, and design elements remain the property of Koos Gagiano Design Studio during the subscription period.
• The Client is granted a non-exclusive, non-transferable licence to use the website for as long as payments are current.
• No resale, duplication, or re-hosting of the website’s code or design is permitted without written consent.
• On buy-out or full payment of the agreed transfer fee, ownership of the final compiled website may be assigned to the Client in writing.

7. Client Responsibilities

• Provide accurate business details, copy, images, and other content needed for the build.
• Confirm that all content supplied is original or properly licensed, and indemnify Koos Gagiano Design Studio against any copyright claims.
• Respond promptly to feedback and content requests during design and maintenance.
• The Client shall use the website and all related digital services only for lawful business purposes and in compliance with all applicable South African legislation, including but not limited to:
  (a) The Electronic Communications and Transactions Act 25 of 2002 (ECTA) – governing electronic communications, online transactions, and data messages.
  (b) The Consumer Protection Act 68 of 2008 (CPA) – regulating fair marketing practices, online sales, and consumer rights.
  (c) The Protection of Personal Information Act 4 of 2013 (POPIA) – ensuring proper handling and storage of personal information collected via the website.
  (d) The Copyright Act 98 of 1978 – protecting the rights of creators and prohibiting the use of copyrighted text, images, or software without permission.
  (e) The Advertising Regulatory Board (ARB) Code of Advertising Practice – setting standards for truthful, non-misleading advertising content.
  (f) Any other applicable municipal, provincial, or national laws governing online publishing, domain registration, or digital commerce.
• The Client agrees not to upload or distribute any unlawful, defamatory, discriminatory, or offensive material through the website or associated platforms.

8. Maintenance & Support

• Regular backups, plugin and theme updates, and security patches are included.
• “Reasonable support” means up to one (1) hour per calendar month of general technical or content assistance.
• Unused support time does not roll over to future months.
• Additional time or project-level work will be quoted at the prevailing hourly rate.

9. Limitation of Liability

While every effort is made to maintain uptime, security, and data integrity, Koos Gagiano Design Studio shall not be held liable for:
1.1 Server downtime caused by third-party hosting providers or internet outages;
1.2 Hacking incidents or data loss beyond reasonable preventive measures;
1.3 Business interruption, loss of income, or consequential damages arising from technical failure.

The total liability of Koos Gagiano Design for any claim shall not exceed the total subscription fees paid in the preceding three (3) months..

10. Confidentiality & POPI Act Compliance

• Both parties undertake to keep confidential all non-public business information, passwords, or data accessed during the provision of this service.
• Koos Gagiano Design Studio shall handle all personal information in compliance with the Protection of Personal Information Act (POPIA), No. 4 of 2013 of the Republic of South Africa.
• Personal data collected (such as names, emails, addresses, billing details, and website analytics) will be used solely for the purpose of providing, maintaining, and billing the Rent-a-Website service.
• The Client’s data will not be sold, shared, or transferred to third parties except where required by law or essential to service delivery (e.g. hosting providers or domain registrars).
  Both parties agree to take reasonable technical and organisational steps to prevent unauthorised access, disclosure, or loss of personal data.
• The Client remains the data controller for any information gathered via its website (for example, contact forms or e-commerce data) and must ensure compliance with POPIA when managing that data.

11. Termination for Breach

Either party may terminate this Agreement immediately by written notice if the other:

• Fails to remedy a material breach (including non-payment) within seven (7) days of notice;
• Engages in illegal or unethical use of the hosted website; or
• Violates any term of this Agreement in a way that compromises service integrity or reputation.

12. Dispute Resolution and Governing Law

• Both parties will first attempt to resolve disputes amicably and in good faith.
  If no resolution is reached, either party may refer the dispute to a mediator or small-claims process.
• This Agreement shall be governed by the laws of the Republic of South Africa, and any legal proceedings shall fall within the jurisdiction of the Western Cape courts.

13. Entire Agreement and Amendments

• This document represents the entire understanding between the parties and supersedes any prior proposals or discussions.
• Amendments or additional terms must be in writing and signed by both parties.
• Koos Gagiano Design Studio reserves the right to update standard subscription terms published on its website; however, any change affecting pricing or service scope will be communicated to the Client at least 30 days in advance.

14. Contact for Termination or Support

• For subscription cancellation, send an email to koos@koosgagiano.co.za with the subject line “Subscription Termination” and include your business name and plan.
• For support requests or general inquiries: koos@koosgagiano.co.za with the subject line “Support Needed” and include your business name and plan. (Mon–Fri, 09:00–16:00, up to 1 hour of support per month included)