Last updated: 2 July 2026
These Terms & Conditions apply to all services provided by Wild Heart Design (“Wild Heart”, “we”, “us” or “our”), registration number K2020678375, with its registered office at 92 Harpuisbos Street, Myburgh Park, Langebaan, Western Cape, 7357, South Africa.
By accepting a quotation, approving a proposal, paying an invoice, instructing us to begin work, or using any service supplied by Wild Heart, you (“the Client”, “you” or “your”) agree to these Terms & Conditions.
1. Scope of Services
Wild Heart provides website design and development, website maintenance, hosting-related services, website updates, search engine optimisation, Google Ads management, digital marketing and related creative or technical services.
The exact scope, pricing, deliverables, estimated timeline and exclusions for a specific project or service will be set out in the applicable quotation, proposal, invoice, email correspondence or service package.
Anything not expressly included in the agreed scope is excluded and may be quoted or billed separately.
2. Quotations, Scope Changes and Additional Work
Quotations are based on the information, requirements and scope provided by the Client at the time of quoting.
Any work outside the agreed scope, including additional pages, functionality, integrations, revisions, content changes, design changes, new requests, third-party troubleshooting, website recovery work, plugin conflicts or additional development, will be quoted separately or billed at our standard rate of R750 per hour, unless otherwise agreed in writing.
Wild Heart may pause work while waiting for approval of additional costs or scope changes.
Estimated timelines are provided in good faith but are not guaranteed. Timelines may change due to Client delays, late content, changes in direction, third-party suppliers, hosting providers, plugin developers, platform changes or matters outside our reasonable control.
Unless otherwise stated in writing, one-off website projects are billed as follows:
50% deposit to secure the booking and begin the project;
25% payment at the first design or build review stage;
25% final payment before the website is made live or handed over.
The 50% deposit is non-refundable. It reserves production capacity, covers planning and commencement work, and confirms the Client’s commitment to the project.
We generally only issue the commencement invoice once the Client has confirmed that they have the necessary content, branding, access, information and basic requirements ready for the build. Once work has started, the deposit remains non-refundable if the Client delays, cancels, changes direction or does not complete the project.
Wild Heart may withhold handover, launch, files, credentials, website migration or final deliverables until all outstanding invoices have been paid in full.
Monthly packages, maintenance plans, marketing retainers and recurring services are billed upfront for the applicable month.
All hosting services, maintenance plans, monthly packages, marketing retainers and other recurring services are collected via a Netcash debit order or PayFast recurring payment arrangement, unless Wild Heart agrees otherwise in writing.
By accepting a recurring service, the Client authorises Wild Heart and its approved payment providers to process the agreed recurring payment amount on the applicable billing date, subject to any required debit-order mandate, payment authorisation or payment-provider terms.
The Client must ensure that valid payment details are maintained and that sufficient funds are available for each scheduled payment. A failed, reversed, declined or cancelled recurring payment will be treated as an overdue invoice and may result in suspension, reactivation fees and any applicable bank or third-party charges in accordance with these Terms.
All recurring services require one full calendar month’s written notice to cancel. Cancellation notices must be sent to info@wildheartdesign.co.za.
Unused support, maintenance or retainer hours:
do not roll over into the next month;
do not accumulate;
cannot be exchanged for cash, refunds or credit;
may not be transferred to another service, project or Client.
The specific inclusions of each maintenance plan are outlined in the applicable package description, proposal or quotation. Work outside the included scope or hours will be quoted separately or billed at R750 per hour.
Priority response under a maintenance plan does not create a guaranteed response time, emergency support agreement or service-level agreement unless expressly agreed in writing.
Website updates, maintenance work, troubleshooting, bug fixes, changes to an existing live website, recovery work and technical support are quoted and invoiced upfront before work begins.
Where work cannot reasonably be quoted in advance because the issue requires investigation, Wild Heart may charge for diagnostic time at R750 per hour before providing a final estimate.
We are not responsible for issues caused by outdated software, unsupported plugins, previous developers, third-party code, unauthorised changes, client actions, compromised credentials, server limitations or software conflicts.
6. Overdue Accounts, Suspension and Reactivation
Invoices must be paid by the due date stated on the invoice.
Where an account remains unpaid for 14 days after the invoice due date, Wild Heart may suspend or restrict any associated services, including website hosting, website access, email hosting, domains, licences, maintenance, support and related services.
Suspension may result in a website, email service or related service becoming unavailable. Wild Heart will not be liable for any loss, interruption, lost emails, missed enquiries, lost revenue, reputational damage, data loss or other consequences arising from a suspension due to non-payment.
A R350 reactivation fee will be charged for each suspended service or account, in addition to all outstanding invoices and any applicable third-party costs.
Services will only be reinstated once all outstanding amounts, reactivation fees and any required third-party fees have cleared in full.
If an account remains unpaid or inactive for an extended period, Wild Heart may terminate the service and remove associated website files, backups, email data, databases or licences, subject to applicable law and the relevant upstream hosting provider’s terms. Clients are responsible for maintaining their own current backups and copies of important data.
7. Hosting, Domains and Email Services
Hosting, email, domains, SSL certificates and related technical services may depend on third-party suppliers, including our upstream hosting provider.
Where Wild Heart provides hosting or manages hosting on the Client’s behalf, the Client agrees to comply with the applicable upstream provider’s hosting, email, domain, acceptable-use and service terms, as amended from time to time.
Wild Heart cannot guarantee uninterrupted hosting, email delivery, domain availability, website uptime, server performance, backup availability, spam filtering, third-party email deliverability or the continued availability of any external service.
The Client is responsible for ensuring that all domain, hosting, email and licence invoices are paid on time. Failure to do so may result in suspension, non-renewal, expiry, loss of access, website downtime or email interruption.
Wild Heart is not responsible for losses caused by expired domains, unpaid hosting, expired email services, unpaid licences, third-party platform changes or unavailable third-party services.
Websites that use Wild Heart’s Elementor Pro licence are subject to an annual Elementor Pro licence fee of R850, unless the Client purchases and maintains their own valid Elementor Pro licence elsewhere.
The annual licence fee is payable every 12 months from the original activation or go-live date, unless otherwise stated in writing.
If the annual Elementor Pro licence fee is not paid, Wild Heart may remove or deactivate the licence from the Client’s website. This may cause sections of the website, templates, forms, styling, pop-ups or other functionality to stop working correctly.
Wild Heart will not be liable for any website issues, downtime, visual changes or functionality loss caused by the removal, expiry or non-renewal of Elementor Pro or any other third-party licence.
Any work required to restore, rebuild or repair a website after a licence has expired, been removed or become invalid will be quoted separately.
The Client remains responsible for all third-party costs, including but not limited to plugin licences, premium themes, fonts, stock imagery, payment gateways, booking platforms, email tools, CRM systems, API subscriptions, domain renewals, advertising spend and software subscriptions, unless expressly included in writing.
Websites rely on WordPress, themes, plugins, hosting software, browsers, integrations, APIs, licences and other third-party systems that change over time.
A maintenance plan helps reduce risk through updates, monitoring, backups and support, but no website, hosting environment or software system can be guaranteed to be completely secure, error-free, uninterrupted or immune from hacking, malware, spam, outages, software vulnerabilities or third-party failures.
If the Client does not maintain an active Wild Heart maintenance plan after go-live or handover, the Client assumes responsibility for:
software, theme and plugin updates;
backups and restoration;
website security;
user access and password security;
malware monitoring and removal;
plugin compatibility;
server and hosting management;
licence renewals;
ongoing technical upkeep.
Once a website has been handed over without an active maintenance agreement, Wild Heart is not responsible for any future hacking, malware, security breach, website error, downtime, data loss, compatibility problem, spam issue, broken functionality or recovery cost.
Where Wild Heart is engaged to assist with a hacked, compromised, outdated or broken website, all investigation, cleanup, recovery, migration, repair and remediation work will be quoted separately or billed at R750 per hour.
The Client must keep all usernames, passwords, payment details, administrator access and API keys secure. The Client must notify Wild Heart immediately if they suspect unauthorised access, compromise, lost credentials or suspicious website activity.
The Client agrees to provide accurate, complete and lawful information, content, feedback, approvals, access credentials and materials required for Wild Heart to perform the services.
The Client is responsible for ensuring that all supplied text, images, logos, trademarks, videos, product information, prices, policies, legal notices and other content are accurate, lawful and owned or properly licensed by the Client.
The Client warrants that they have the right to use all materials supplied to Wild Heart and that those materials do not infringe the rights of any third party.
The Client indemnifies Wild Heart against claims, losses, costs, damages or legal expenses arising from content, materials, instructions, products, services or information supplied by the Client.
The Client is responsible for obtaining legal, financial, tax, regulatory, industry and compliance advice relevant to their business. This includes, where applicable, privacy policies, POPIA compliance, cookie notices, terms of sale, returns policies, delivery policies, product claims, consumer-law obligations, advertising disclosures and e-commerce requirements.
Wild Heart does not provide legal, tax, financial or regulatory advice.
The Client must provide feedback, approvals, content and requested access within a reasonable time.
If the Client does not respond or provide the information needed to continue for 30 calendar days, Wild Heart may place the project on hold.
Projects placed on hold may be subject to revised timelines, re-quoting, updated pricing, a restart fee or rescheduling based on Wild Heart’s availability.
If a project remains inactive for an extended period, Wild Heart may close the project. Any work required to resume it will be subject to a new quotation and current rates.
The Client is responsible for reviewing all website content, design, functionality, links, products, forms, pricing, contact details and settings before approving the website for launch.
Approval may be given by email, written message or any other written confirmation from the Client or an authorised representative.
Once the Client approves a stage of work, later changes may be treated as additional work and charged separately.
Wild Heart will take reasonable care in building and testing a website but cannot guarantee identical appearance or performance across every browser, screen size, operating system, device, plugin, email client or future software version.
The Client will own the final website design and project-specific deliverables created for them only once all invoices and related fees have been paid in full.
Until full payment is received, all work, designs, files, code, concepts, content layouts and deliverables remain the property of Wild Heart.
Wild Heart retains ownership of its pre-existing materials, design systems, templates, frameworks, reusable code, plugins, processes, tools, internal documentation, methodologies, know-how and any materials created independently of the Client’s specific project.
Third-party software, fonts, themes, plugins, stock assets and licences remain subject to their own licence terms and are not transferred to the Client unless specifically stated in writing.
Unless agreed otherwise in writing before the project begins, Wild Heart may display completed work, the Client’s name, logo, website screenshots and project outcomes in its portfolio, social media, proposals, awards submissions and marketing materials.
Google Ads management is available only for Clients with a minimum monthly advertising budget of R10,000, excluding Wild Heart’s management or setup fees.
Advertising spend is separate from Wild Heart’s service fees and is normally payable directly to the applicable advertising platform.
Wild Heart does not guarantee Google Ads approval, advertising account approval, campaign performance, leads, sales, search rankings, traffic, conversions, return on ad spend, revenue, platform access or any particular business result.
Search rankings, advertising performance and digital marketing outcomes are influenced by many factors outside Wild Heart’s control, including competition, budgets, market conditions, website quality, client response times, pricing, product quality, third-party platforms, algorithm changes and user behaviour.
Where Wild Heart processes personal information on behalf of the Client, the Client remains responsible for determining the purpose and lawful basis for that processing, unless otherwise agreed in writing.
The Client is responsible for ensuring that their website, forms, mailing lists, booking systems, e-commerce systems and customer data practices comply with POPIA and any other applicable privacy or data-protection requirements.
Wild Heart will use reasonable safeguards appropriate to the services provided and will treat personal information accessed in the course of providing services as confidential.
Where Wild Heart becomes aware of a suspected security compromise involving personal information under the Client’s control, Wild Heart will notify the Client as soon as reasonably practicable. The Client remains responsible for legal notifications, regulator notifications and communications with affected individuals unless otherwise agreed in writing.
To the fullest extent permitted by law, Wild Heart will not be liable for any indirect, consequential, special or incidental loss or damage, including loss of profits, revenue, data, business opportunities, reputation, goodwill, sales, advertising spend, search rankings, email delivery, website traffic or business interruption.
Wild Heart’s total liability arising from any claim relating to a specific service will not exceed the total fees actually paid by the Client to Wild Heart for that affected service during the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes liability where it cannot lawfully be limited or excluded.
Wild Heart may suspend or terminate services immediately where the Client:
fails to make payment when due;
breaches these Terms;
uses services unlawfully or in a manner that threatens the security, performance or reputation of Wild Heart or its suppliers;
provides unlawful, infringing, harmful, abusive, fraudulent or misleading content;
fails to cooperate with reasonable technical, security or compliance requests.
Termination does not remove the Client’s obligation to pay all outstanding fees, third-party costs, completed work, committed costs or charges incurred before termination.
Wild Heart will not be liable for delays, failures or interruptions caused by events beyond our reasonable control, including load shedding, internet failures, hosting outages, cyberattacks, third-party software failures, supplier failures, natural disasters, labour disruptions, government actions, illness, power outages or other unforeseen events.
Wild Heart may update these Terms from time to time.
Updated Terms will apply to new projects, new services and future renewals from the date published. Where a material change affects an active recurring service, Wild Heart will provide reasonable notice where practical.
20. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa.
The parties will first try to resolve any dispute in good faith through written communication.
If a dispute cannot be resolved, either party may refer the matter to a court with appropriate jurisdiction in the Western Cape, South Africa.
21. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
A failure by Wild Heart to enforce any right or provision does not waive that right or provision.
These Terms, together with the applicable quotation, proposal, invoice and written scope of work, form the agreement between Wild Heart and the Client.
For notices, cancellations and account queries, contact:
Wild Heart Design
Registration Number: K2020678375
92 Harpuisbos Street, Myburgh Park
Langebaan, Western Cape, 7357
South Africa
Email: info@wildheartdesign.co.za
