Plain-English Summary
BuildSynergy provides digital services including website design, development, managed hosting, lead capture setup, SEO basics, website care, maintenance, support, and AI development and integration. We need clear information, payment on time, and your approval before work can be completed or launched. We build and host on trusted third-party platforms such as Vercel and use third-party AI providers, but we do not own or control those platforms. We will act professionally and use reasonable care, but we do not guarantee Google rankings, leads, sales, uninterrupted hosting, AI accuracy or third-party platform performance.
This summary is for convenience only. The full Terms below are binding.
These Terms and Conditions govern all services provided by BuildSynergy (Registration Number: 2025/529281/07), a business registered and operating in South Africa.
"BuildSynergy", "we", "us" or "our" means BuildSynergy. "Client", "you" or "your" means the person, business or organisation purchasing or using our services. "Services" means any website design, website development, managed hosting, lead capture setup, SEO setup, AI development and integration, website care, maintenance, support, consulting, or related digital services. "Quotation" means the written quote, proposal, invoice, package or service offer accepted by the Client. "Website" means the website, landing page, application, AI solution, digital presence, content, design or related deliverable created or managed by BuildSynergy. "Business day" means any day other than a Saturday, Sunday or official public holiday in South Africa.
By accepting a Quotation, paying a deposit, approving work, or using our Services, the Client agrees to these Terms and Conditions.
All Quotations are valid for 14 calendar days from the date of issue, unless otherwise stated in writing.
A Quotation covers only the specific Services listed in that Quotation. The following are excluded unless specifically listed:
All prices are quoted in South African Rand unless otherwise stated.
The Client accepts the Quotation by paying the required deposit, approving in writing, or instructing BuildSynergy to begin work. Electronic acceptance including email, online form, electronic signature or payment of deposit constitutes acceptance of these Terms.
Unless otherwise agreed in writing, a 50% deposit is required before project work begins. Work is only scheduled once the deposit has been received and confirmed.
Deposits are non-refundable once work has started, as they cover project scheduling, planning, administration, research, and design and development time.
If no work has started, refund requests may be considered at BuildSynergy's discretion. The remaining balance is payable before launch, transfer or public activation of the Website, unless otherwise agreed in writing.
The Client must provide all information, content and approvals required to complete the project, including:
The Client is responsible for ensuring all information supplied is accurate, lawful and complete. BuildSynergy is not responsible for delays caused by the Client's failure to provide content, access, information, feedback or approvals.
If required information is not provided within 20 calendar days of the invoice date, BuildSynergy may pause the project and the agreed delivery timeline will no longer apply. If the Client wishes to continue after a pause, BuildSynergy may require payment of the outstanding balance and reschedule. After 45 calendar days, BuildSynergy may charge a continuation fee of 15% of the total Quotation value per additional month the project remains open.
The project scope is limited to the work listed in the accepted Quotation. Anything not specifically included is excluded and may be quoted separately. Scope creep will not be accommodated without a revised Quotation or written approval of additional fees.
Unless otherwise stated, each project includes two revision rounds. A revision round means a reasonable set of changes within the approved scope. Revisions do not include a complete redesign, new direction, new pages or changes outside the agreed scope. Additional revisions may be quoted separately.
The Client must carefully review all wording, spelling, contact details, prices, images and business information before approving. Once the Client approves the final Website, BuildSynergy is not responsible for errors in approved content. Launch approval may be given by email, electronic message or written confirmation and constitutes acceptance of the Website as ready for publication.
Project timelines depend on scope, Client feedback, Client content, third-party providers and work complexity. Any advertised timeline applies only once BuildSynergy has received all required content, access, payment and approvals.
BuildSynergy will use reasonable efforts to meet the agreed timeframe but cannot guarantee delivery where delays are caused by the Client, third-party providers, hosting or domain issues, technical failures, force majeure, or other circumstances outside BuildSynergy's control.
BuildSynergy designs and develops Websites based on the Client's selected package and approved scope, using reasonable care to create a professional, mobile-friendly and functional Website. BuildSynergy aims to build Websites that work on current versions of major browsers (Chrome, Safari, Firefox, Edge). Compatibility with outdated browsers, unsupported devices or old operating systems is not guaranteed. Unless specifically included, the Client is responsible for supplying final written content, business claims, legal wording, images and media.
Where BuildSynergy provides managed hosting, it deploys and manages the Client's Website on third-party platforms which may include Vercel, Hostinger, database providers, DNS providers, email providers and related technology partners. BuildSynergy is not the underlying server, data centre, domain registrar, DNS provider, email infrastructure provider or internet service provider, and does not own or control those platforms.
BuildSynergy will use reasonable efforts to deploy, manage, monitor, maintain and support the hosting environment. Availability depends on the underlying providers. Where a provider offers a service level, that provider's service level applies to its own infrastructure; BuildSynergy's responsibility is limited to reasonable management and does not include a guarantee of uptime, email delivery, DNS propagation, third-party platform availability or server performance.
BuildSynergy may change or substitute hosting, infrastructure or technology providers with materially equivalent alternatives where reasonable, for example due to provider changes, pricing, performance or availability.
Subject always to the Limitation of Liability section, BuildSynergy will not be liable for downtime, data loss, DNS or email disruption, cyberattacks, service outages, pricing or policy changes, plugin or API failures, or provider failures that are outside its reasonable control.
Hosting is provided on a fair-use basis appropriate to the Client's selected package. The underlying platforms meter usage such as bandwidth, requests, compute, storage and build time. Where the Client's usage materially exceeds the fair-use allowance of the package, or generates additional provider charges, BuildSynergy may bill the excess at the applicable rate, adjust the package, or, after reasonable notice, throttle or suspend the affected Service. BuildSynergy will use reasonable efforts to notify the Client of sustained excess usage before charging or restricting.
Services are active only while the applicable monthly fees are paid and up to date. Non-payment may result in suspension, a reactivation fee, or termination of hosting after 30 calendar days of non-payment.
Where the Quotation includes managed hosting, BuildSynergy hosts the Website on its own provider accounts and manages the environment on the Client's behalf on a recurring basis.
On termination of managed hosting for any reason, and provided all outstanding amounts have been paid, the Client may request an export of its Website files and data. BuildSynergy will provide a reasonable export or migration assistance; extensive migration work may be quoted separately.
After termination of managed hosting, BuildSynergy will retain the Client's data for 30 calendar days to allow export, after which it may be permanently deleted from active systems. Backups are cycled and overwritten in the ordinary course. BuildSynergy is not obliged to retain data beyond this period unless agreed in writing or required by law.
Domain registration and renewal are only included if stated in the Quotation or package. The Client remains the beneficial owner of their domain name provided all fees are paid. BuildSynergy is not liable for domain expiry, loss, suspension, transfer delays or DNS disruption caused by non-payment, incorrect information or registrar issues. Domain transfers may be requested once all outstanding amounts have been paid in full.
Email hosting, mailbox setup and configuration are only provided where included in the selected package or Quotation. Email services depend on third-party providers and DNS settings. BuildSynergy does not guarantee uninterrupted email delivery, inbox placement, spam filtering or mailbox uptime. The Client is responsible for securing email access credentials. Extensive email support may be billed separately unless included in the package.
Monthly care packages are billed in advance on a recurring basis. Included services depend on the selected package. Unless specifically included, monthly care does not cover major redesigns, new functionality, copywriting, photography, product loading, paid advertising, advanced SEO, malware recovery or emergency work. Unused monthly updates or care items do not roll over unless agreed in writing.
BuildSynergy is not liable for changes made by the Client or third parties. Support is provided during normal business hours (Monday to Friday, excluding South African public holidays) unless otherwise agreed. Emergency or after-hours support may be billed separately. Cancellation of monthly care is governed by the Cancellations section.
Basic SEO setup may be included in selected packages, covering page titles, meta descriptions, website structure, basic local search recommendations, indexing setup, performance recommendations and content structure. BuildSynergy does not guarantee search engine rankings, Google positions, traffic numbers, enquiries, leads, sales or revenue. Advanced SEO, campaigns, keyword research and backlink strategy may be quoted separately.
BuildSynergy may set up lead capture tools such as contact forms, quote request forms, call-to-action buttons and enquiry routes. BuildSynergy does not guarantee that the Website will generate a specific number of enquiries or leads. The Client is responsible for responding to enquiries and managing customer communication. BuildSynergy is not liable for missed leads caused by incorrect contact details, email issues, spam filtering or Client failure to respond.
Scope. AI features, tools, agents and integrations are provided where listed in the Quotation. AI functionality relies on third-party AI providers, models, APIs and platforms (which may include OpenAI and Anthropic), each governed by its own terms, pricing, usage limits and availability.
Data and privacy. Building and operating AI solutions involves sending data, including data the Client supplies and data from the Client's end-users, to third-party AI providers that may process it outside South Africa. The Client warrants it has a lawful basis to do so and must not submit special personal information or unlawful data to AI features without the required consent or authority. The AI providers used for API services do not, on their standard business terms, use submitted data to train their models; the Client acknowledges this position may change under provider terms.
Accuracy. AI output is generated automatically, is provided "as is", may be inaccurate, incomplete, biased or unexpected, and does not constitute professional (including legal, medical or financial) advice. The Client is responsible for reviewing, testing and approving all AI output before relying on or publishing it. Where BuildSynergy builds a Client-facing AI feature (such as a chatbot), the Client is responsible for what that feature communicates to the Client's end-users, and an appropriate "AI-generated, may be inaccurate" notice should be displayed.
Intellectual property in AI output. The legal status of AI-generated material is uncertain and may not attract copyright protection. BuildSynergy assigns or licenses to the Client whatever rights it holds in AI output delivered to the Client, but makes no warranty that AI output is original or does not infringe the rights of any third party. System prompts, prompt libraries, fine-tuning datasets, configurations and tooling developed by BuildSynergy remain BuildSynergy's reusable property as set out in the Intellectual Property section.
Provider dependency and substitution. Models and AI services may be deprecated, rate-limited, repriced, restricted or discontinued by their providers, often at short notice. BuildSynergy may substitute a materially equivalent model or provider and is not liable for changes, downgrades, downtime, price increases or discontinuation outside its reasonable control.
Usage and costs. Ongoing AI usage, API and subscription costs are for the Client's account unless expressly included in the Quotation. Where BuildSynergy administers AI usage on the Client's behalf, it may set usage caps and limits; usage beyond an agreed cap may be suspended or billed to the Client. BuildSynergy is not liable for costs, decisions, actions or losses arising from the Client's or its end-users' use of, or reliance on, AI features or output.
Acceptable use. The Client's use of AI features must comply with applicable law, the Protection of Personal Information Act, and the usage and content policies of the relevant AI providers.
BuildSynergy may use third-party tools, software, plugins, platforms, analytics services, payment providers, domain registrars and other technology to deliver projects. Third-party tools are governed by their own terms, pricing, limitations and service levels. BuildSynergy is not liable for changes, outages, failures, price increases, discontinued services, security issues or policy changes affecting third-party tools. Paid third-party tools or subscriptions are for the Client's account unless expressly included in the Quotation.
The Client must not use, and must not permit any third party or end-user to use, any Website, application or AI solution provided by BuildSynergy to: breach any law or the rights of others; host, send or distribute unlawful, infringing, defamatory, malicious or harmful content; distribute malware, spam or conduct phishing; attempt to gain unauthorised access to any system; or place an unreasonable or disproportionate load on hosting or AI resources.
The Client's use of any Service that relies on a third-party platform or AI provider must comply with that provider's acceptable-use, usage and content policies, including those of Vercel and the relevant AI providers. The Client is responsible for the acts and omissions of its end-users.
If a third-party provider suspends, restricts or terminates BuildSynergy's access because of the Client's use, BuildSynergy is not liable for the resulting interruption, and BuildSynergy may suspend the affected Service until the issue is resolved.
If any unlawful, fraudulent, malicious or infringing content or activity is found on a Website, application or AI solution hosted or managed by BuildSynergy, the Client is solely responsible and liable for that content or activity. BuildSynergy may immediately suspend, restrict or remove the affected Service or content without notice, and may report it to the relevant authorities where required by law. The Client indemnifies BuildSynergy against any resulting claims, losses, fines, penalties, damages or costs.
This section applies where BuildSynergy processes personal information on the Client's behalf in the course of building, hosting or managing a Website, application or AI solution. For such personal information, the Client is the responsible party and BuildSynergy acts as an operator as defined in the Protection of Personal Information Act, 2013 (POPIA).
BuildSynergy will: process personal information only for the purpose of providing the Services and on the Client's documented instructions; apply reasonable technical and organisational security measures in line with section 19 of POPIA; keep such personal information confidential; and notify the Client without undue delay after becoming aware of a security compromise affecting the Client's personal information.
The Client authorises BuildSynergy to engage sub-operators (sub-processors) to deliver the Services. BuildSynergy will impose data-protection obligations on sub-operators that are materially similar to those in this section. BuildSynergy may update the list of sub-operators and will make the current list available to the Client on request. Current sub-operators include:
The Client warrants that it has a lawful basis to provide the personal information to BuildSynergy and to authorise the processing described in these Terms, including any consents required from the Client's own customers or end-users. On termination, BuildSynergy will deal with the Client's personal information as set out in the Data Export and Termination section.
The Client warrants that they own or have permission to use all content, images, videos, logos, trademarks and materials supplied to BuildSynergy. BuildSynergy is not liable for copyright, trademark, privacy, defamation or intellectual property disputes arising from Client-supplied material. If notified that material may infringe third-party rights, BuildSynergy may remove the material. The Client indemnifies BuildSynergy against any claims, losses, damages or legal costs arising from Client-supplied material.
All work remains the property of BuildSynergy until full and final payment has been received. On full payment, the Client owns the brand-specific content, supplied materials, final copy and final visual assets created specifically for the Client's project.
The underlying website code, source code, application logic, frameworks, reusable components, templates, libraries, design methods, system prompts and AI tooling remain the property of BuildSynergy. The Client does not acquire ownership of this code; instead, on full payment, the Client receives a perpetual, non-exclusive, royalty-free licence to use the delivered Website, application or AI solution as delivered, for the Client's own business purposes.
The Client may not resell, redistribute, sublicense, reproduce or commercialise BuildSynergy's reusable code, frameworks, methods, prompts or templates without written permission. BuildSynergy may display completed work in its portfolio or marketing unless the Client requests confidentiality in writing before the project begins.
Each party may receive confidential information of the other, including business plans, pricing, credentials, source materials and customer data ("Confidential Information"). Each party will keep the other's Confidential Information confidential, use it only to perform or receive the Services, and protect it with reasonable care.
This clause does not apply to information that is or becomes public through no breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law (in which case the disclosing party will give reasonable notice where lawful). These obligations continue for three years after the engagement ends.
BuildSynergy will take reasonable measures to support the security of Websites it manages. No website or hosting environment can be guaranteed to be completely secure. BuildSynergy is not liable for hacking, malware, viruses, unauthorised access, data loss, security breaches, plugin vulnerabilities, third-party provider breaches or credential misuse outside BuildSynergy's reasonable control. The Client is responsible for keeping passwords secure. Malware removal, emergency recovery or security repair may be billed separately unless included in the package.
BuildSynergy is not a credit provider and does not offer credit facilities. Unless otherwise stated, invoices are payable within 14 calendar days of the invoice date. Monthly hosting and maintenance fees are payable in advance. BuildSynergy may suspend services, withhold deliverables, delay launch, pause support or remove access if payment is not received on time. The Client is responsible for all bank charges, payment processing fees, chargeback fees or collection costs arising from payment failure or non-payment.
If the Client cancels a project after work has started, the Client remains liable for all work completed up to the cancellation date. If work completed exceeds the deposit paid, BuildSynergy may invoice the Client for the difference. Hosting, domain, licence, subscription and third-party fees are non-refundable where already paid or committed.
BuildSynergy may cancel or suspend services if the Client breaches these Terms, fails to pay, provides unlawful content, behaves abusively, or delays the project unreasonably. Cancellation of a monthly package, including hosting and care, stops the relevant managed services from the cancellation date or the end of the paid billing period. Export, migration or transfer assistance may be quoted separately.
BuildSynergy may refuse, suspend or terminate work involving unlawful, misleading, harmful, offensive, discriminatory, fraudulent, adult, gambling, weapons-related, counterfeit or otherwise high-risk content, products or services at its discretion. If BuildSynergy terminates work under this clause, the Client remains liable for work already completed and any third-party costs incurred.
Final delivery, migration or transfer of the completed Website occurs only after all outstanding invoices and fees have been paid in full. This may include website files, CMS access, domain transfer assistance, DNS instructions or hosting migration support depending on the platform and package. BuildSynergy is not required to release proprietary systems, reusable frameworks, internal processes, private repositories or server credentials used for managing multiple clients. Migration or transfer work may be charged separately. BuildSynergy is not liable for issues caused by another provider after migration or transfer.
BuildSynergy is not liable for any delay or failure to perform caused by events beyond its reasonable control, including third-party platform, hosting or AI provider outages or changes, internet or telecommunications failures, cyberattacks, power failures, load shedding, natural disasters, pandemic, government action or labour disruption. Affected obligations are suspended for the duration of the event. If the event continues for more than 30 calendar days, either party may terminate the affected Services in writing, and the Client remains liable for work performed up to that date.
To the fullest extent permitted by law, BuildSynergy is not liable for indirect, special, incidental, consequential or economic loss, including loss of profit, sales, business, data, goodwill or anticipated savings, reputational damage, lost enquiries, lost rankings, or downtime, however arising.
BuildSynergy's total aggregate liability arising out of or in connection with the Services, whether in contract, delict or otherwise, is limited to: for project work, the total fees paid by the Client for the specific project giving rise to the claim; and for recurring services such as hosting, care or AI administration, the total fees paid by the Client for that recurring Service in the 12 months before the event giving rise to the claim.
This limitation applies in place of, and overrides, any other liability statement in these Terms, including the hosting and AI sections.
Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or under the Consumer Protection Act where it applies.
The Client indemnifies BuildSynergy against claims, losses, damages, costs, legal fees and liabilities arising from client-supplied content, incorrect business information, copyright or trademark infringement, unlawful products or services, misleading claims, failure to comply with applicable laws, misuse of the Website, use of or reliance on AI features or output, third-party disputes, non-payment, or breach of these Terms.
Nothing in these Terms limits or excludes any right the Client has that cannot lawfully be limited or excluded, including rights under the Consumer Protection Act, 2008 (CPA) and the Electronic Communications and Transactions Act, 2002 (ECTA) where they apply. Where a provision of these Terms conflicts with a non-excludable statutory right of a Client to whom the CPA or ECTA applies, that statutory right prevails to the extent of the conflict, and the remaining provisions continue to apply.
If the Client fails to pay amounts due, BuildSynergy may take legal or collection action. The Client will be liable for reasonable legal costs, collection fees, administration fees and other costs incurred in recovering unpaid amounts.
Severability. If any provision is found unenforceable, it is severed and the remaining provisions continue in full force.
Entire agreement and precedence. These Terms together with the accepted Quotation form the entire agreement between the parties. If there is a conflict, the Quotation prevails for the specific Services it describes, and these Terms govern in all other respects.
Assignment and subcontracting. The Client may not assign or transfer its rights or obligations without BuildSynergy's written consent. BuildSynergy may subcontract or use third-party providers to deliver the Services and remains responsible for the Services delivered.
Waiver and variation. No failure to enforce a right is a waiver of it. Any variation of these Terms must be in writing.
Notices. Notices must be in writing and may be given by email to the addresses the parties use for the engagement. Notice is deemed received on the next business day after sending, unless a delivery failure is received.
Relationship of the parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
BuildSynergy may update these Terms from time to time. The version published on BuildSynergy's website will apply from the date of publication. Changes will not reduce the Client's rights in relation to work already paid for, unless required by law or agreed in writing.
These Terms are governed by the laws of the Republic of South Africa.
If a dispute arises, the parties will first attempt to resolve it in good faith through direct discussion. If it cannot be resolved within 14 business days, the parties will attempt to resolve it through mediation before taking legal action, unless urgent or interim relief is required. Any dispute that remains unresolved will be subject to the jurisdiction of the South African courts. Nothing in this clause prevents BuildSynergy from taking action to recover unpaid amounts.
BuildSynergy
Registration Number: 2025/529281/07
Email: yoursupport@buildsynergy.co.za
Phone: +27 81 556 4058
Business Address:
6 Fourjay Road, Lagoon Beach, Milnerton, Western Cape, 7441
By appointment only — no walk-in visits.
Website: buildsynergy.co.za