Terms and Conditions

Terms & Conditions

1. Acceptance

Acceptance of any quotation, payment of a deposit, or commencement of work constitutes acceptance of these Terms & Conditions.


2. Scope of Work

Cobu Digital will provide the services specified in the accepted quotation.

Any work, functionality, revisions, integrations, or services requested outside the agreed scope will be quoted separately and may affect project timelines.


3. Website Design & Development

The client is responsible for supplying all required content, including text, images, logos, branding, videos, and any other project materials.

Project completion dates are dependent upon the timely supply of all required content, approvals, and information by the client. Delays by the client may result in revised completion dates.

Unless otherwise agreed, the quotation includes reasonable revisions during the development process. Once the website has been approved or published, any further amendments or additional work may be charged at the applicable hourly or project rate.


4. Website Hosting

Where hosting services are provided by Cobu Digital, monthly hosting fees are payable in advance.

Failure to make payment may result in the suspension or termination of hosting services.

Domain registrations, SSL certificates, email hosting, and other third-party services remain subject to the terms and pricing of the respective providers unless expressly included within the quotation.


5. Website Backups

Unless specifically included within a maintenance agreement, the client remains solely responsible for maintaining current backups of their website, databases, emails, hosting account, and all website content.

Cobu Digital shall not be liable for any loss of data arising from, including but not limited to:

  • Hosting failures
  • Server issues
  • Plugin or theme conflicts
  • WordPress updates
  • Malware or hacking
  • User error
  • Third-party software failures
  • Accidental deletion
  • Corrupt files or databases
  • Any unforeseen technical issue

Clients are strongly encouraged to maintain automated backups through their hosting provider or an independent backup solution.


6. Website Maintenance

Unless expressly stated in the quotation, ongoing website maintenance is not included.

Maintenance services may include:

  • WordPress updates
  • Plugin updates
  • Theme updates
  • Security monitoring
  • Minor content amendments
  • Technical support

Maintenance services are available under a separate agreement.


7. Third-Party Services

Cobu Digital utilises various third-party platforms and software including, but not limited to, hosting providers, domain registrars, Google, Microsoft, Meta, Elementor, WordPress, plugins, payment gateways, email providers, APIs, and external integrations.

Cobu Digital accepts no responsibility for outages, policy changes, software defects, compatibility issues, account suspensions, security incidents, service interruptions, pricing changes, or any failure caused by third-party providers.

Any licence fees, subscriptions, premium plugins, themes, or external services are the responsibility of the client unless otherwise agreed in writing.


8. Google Ads Management

Google Ads management includes campaign setup (where applicable), optimisation, keyword management, monitoring, reporting, and ongoing improvements.

Advertising spend is paid directly by the client to Google and is separate from Cobu Digital’s management fee.

While every reasonable effort will be made to improve campaign performance, Cobu Digital makes no guarantee regarding:

  • Sales
  • Leads
  • Phone calls
  • Revenue
  • Return on Investment (ROI)
  • Cost per Click (CPC)
  • Cost per Conversion (CPA)
  • Ad position
  • Impression share
  • Search rankings

Advertising performance depends on numerous factors outside Cobu Digital’s control, including competition, budgets, seasonality, customer demand, website quality, landing page performance, and Google’s advertising algorithms.


9. Google Ads Policy Compliance

The client remains the legal owner and administrator of their Google Ads account.

Cobu Digital cannot be held responsible for:

  • Suspended accounts
  • Flagged advertisements
  • Policy violations
  • Disapproved ads
  • Business verification requests
  • Billing issues
  • Restricted products or services
  • Google Merchant Centre suspensions
  • Limited ad serving
  • Account reviews
  • Permanent or temporary account suspensions
  • Changes to Google’s advertising policies

Although reasonable assistance will be provided where possible, no guarantee is made that any suspended or restricted account can be reinstated.


10. Client Responsibilities

The client agrees to:

  • Provide accurate and complete information.
  • Supply all required project content.
  • Respond to requests for information within a reasonable timeframe.
  • Review submitted work promptly.
  • Obtain permission for any copyrighted material supplied.
  • Ensure that all website content, products, services, and advertising comply with applicable laws and regulations.

The client accepts full responsibility for the legality, accuracy, and ownership of all content supplied to Cobu Digital.


11. Intellectual Property

All concepts, source files, designs, graphics, code, and development work remain the property of Cobu Digital until all outstanding invoices have been paid in full.

Upon receipt of full payment, ownership of the completed website specifically developed for the client transfers to the client, excluding:

  • Premium plugins
  • Licensed software
  • Fonts
  • Stock imagery
  • Third-party licences
  • Proprietary development tools
  • Frameworks and reusable code owned by Cobu Digital

12. Limitation of Liability

To the maximum extent permitted by law, Cobu Digital shall not be liable for any direct, indirect, incidental, consequential, special, or financial loss arising from, including but not limited to:

  • Website downtime
  • Lost revenue or profits
  • Lost leads
  • Business interruption
  • Search engine ranking fluctuations
  • Advertising performance
  • Security breaches
  • Data loss
  • Malware
  • Hacking
  • Plugin conflicts
  • Hosting failures
  • Third-party service interruptions

Cobu Digital’s total liability shall in all circumstances be limited to the amount paid by the client for the specific service giving rise to the claim.


13. Project Suspension

Should the client fail to provide required content, approvals, or information for more than thirty (30) consecutive days, Cobu Digital reserves the right to suspend the project.

Projects remaining inactive for extended periods may be subject to revised timelines and additional fees before work recommences.


14. Payment Terms

Unless otherwise agreed in writing:

  • A deposit is payable before work commences.
  • Final payment is due before the website is transferred, published, or login credentials are released.
  • Monthly management, hosting, or maintenance services are payable in advance.
  • Late or unpaid accounts may result in the suspension of services without notice.

15. Warranty

Cobu Digital warrants that services will be performed with reasonable skill and care.

Due to the constantly evolving nature of websites, browsers, hosting environments, plugins, search engines, and third-party software, no guarantee is provided that any website or digital marketing service will operate without interruption, remain error-free, or continue functioning indefinitely without future maintenance.

A fourteen (14) day defect correction period is provided following project completion for issues directly related to the original development. This excludes changes requested by the client, third-party software updates, hosting issues, or modifications made by persons other than Cobu Digital.


16. Force Majeure

Cobu Digital shall not be liable for delays or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, internet outages, cyberattacks, government action, power failures, labour disputes, or failures of third-party service providers.


17. Amendments

Cobu Digital reserves the right to amend these Terms & Conditions at any time. The latest published version shall apply to all future quotations and ongoing services unless otherwise agreed in writing.


18. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.


19. Entire Agreement

These Terms & Conditions, together with the accepted quotation, constitute the entire agreement between Cobu Digital and the client and supersede any prior discussions, representations, or understandings relating to the services provided.


20. Acceptance

By accepting a quotation, paying a deposit, or instructing Cobu Digital to commence work, the client confirms that they have read, understood, and agree to these Terms & Conditions.

The client further acknowledges that Cobu Digital acts solely as a service provider and cannot be held responsible for business performance, sales, lead generation, search engine rankings, advertising results, or decisions made by third-party platforms including Google, Meta, Microsoft, hosting providers, domain registrars, or other external service providers.

Contact Details:

+27 65 550 5194
info@cobu.co.za

23 Fuller Road
Cape Town, South Africa