Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "User", "you", or "your") and Lesco Digital (Pty) Ltd ("Company", "we", "us", or "our") concerning your access to and use of the www.lescodigital.co.za website and any services provided by Lesco Digital (Pty) Ltd.

By accessing or using our services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these terms, then you are prohibited from using our services.

2. Our Services

Lesco Digital provides services that include, but are not limited to:

• Custom website development
• E-commerce solutions
• Business email setup
• Mobile-responsive design
• SEO optimization
• Website maintenance and support

2.1 Service Availability

We strive to ensure our services are available 24/7, but we do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any service at any time without notice.

2.2 Service Modifications

We reserve the right to modify or discontinue, temporarily or permanently, any service with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of services.

2.3 Third-Party Service Providers

Lesco Digital acts as an intermediary for certain services, including but not limited to web hosting, domain registration, and email services. While we manage these services on your behalf:

• Services are provided through carefully selected third-party providers
• We are responsible for service management and client support
• Third-party providers' terms may also apply to your services
• In case of provider-related issues, we will act as your advocate and point of contact

3. Account Registration

3.1 Account Creation

To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that you log out from your account at the end of each session

3.3 Business Registration

Business accounts may only be created through our controlled registration process. Businesses must be pre-registered by Lesco Digital administration before account creation is permitted.

3.4 Right to Refuse Service

Lesco Digital reserves the right to refuse service, terminate accounts, or cancel projects at any time, at our sole discretion, including but not limited to situations involving:

• Violation of these Terms of Service
• Illegal or unethical business practices by the client
• Projects that conflict with our company values or legal requirements
• Clients who are abusive or disrespectful to our team
• Industries or content we deem inappropriate or high-risk
• Any situation where we believe the working relationship would be unsuitable

This right may be exercised before or during service provision. Refunds for refused or terminated services will be handled according to our refund policy.

3.4 Services for Minors

Individuals under 18 years of age may use our services under the following conditions:

• Parental Consent: A parent or legal guardian must review, agree to, and sign these Terms of Service
• Contract Responsibility: The parent/guardian becomes the contracting party and is responsible for all obligations, including payment
• Communication: The parent/guardian must be included in all significant project communications
• Supervision: The parent/guardian is responsible for supervising their minor child's interactions with our services

3.5 Verification of Age and Consent

We reserve the right to request verification of age and parental consent at any time. This may include:

• Requesting identification documents
• Requiring signed consent forms
• Conducting verification calls with parents/guardians
• Refusing service if proper consent cannot be verified

4. Payment Terms

4.1 Pricing

All prices for our services are quoted in South African Rand (ZAR) unless otherwise specified. Prices are subject to change with or without notice.

4.2 Payment Methods

We accept the following payment methods:

• Bank transfers (EFT)
• Credit/Debit cards
• Online payment platforms as specified

4.3 Payment Terms

• Deposit: A deposit of 50% may be required before commencement of work
• Final Payment: Balance due upon project completion or as per agreement
• Monthly Services: Billed monthly in advance
• Late Payments: Subject to interest at the maximum legal rate

4.4 Refund Policy

Refunds are handled on a case-by-case basis. Custom development work is generally non-refundable once work has commenced. Monthly service fees may be refunded on a pro-rata basis for unused portions.

4.5 Taxes

All prices quoted are inclusive of all applicable taxes and represent the final amount payable.

4.6 Non-Payment and Service Suspension

If payment is not received by the due date:

• A 7-day grace period will be provided from the original due date
• After the grace period expires, services may be suspended without notice, including but not limited to website takedown, hosting suspension, or maintenance cessation
• After 15 days from the original missed payment date, the contract and all services will be terminated
• Upon termination, all data, websites, and associated services may be permanently deleted
• Client remains liable for all outstanding amounts plus any collection costs
• Restoration of services after suspension requires payment of all outstanding amounts plus a reconnection fee

5. Use License and Restrictions

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or internal business purposes.

5.2 Restrictions

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of our services
• Use any automated system to access our services without permission
• Interfere with or disrupt our services or servers
• Reverse engineer, decompile, or disassemble any portion of our services
• Remove or alter any proprietary notices or labels
• Use our services to transmit viruses or malicious code
• Violate any applicable laws or regulations

6. Intellectual Property

6.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Lesco Digital (Pty) Ltd or its licensors and are protected by South African and international copyright, trademark, and other intellectual property laws.

6.2 Client Intellectual Property

Upon full payment, clients receive ownership of the custom work created specifically for them, excluding any pre-existing materials, third-party components, or our proprietary tools and methodologies.

6.3 License to Use Client Work

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your completed project in our portfolio and marketing materials, unless otherwise agreed in writing.

6.4 Website Attribution

As part of our services, Lesco Digital reserves the right to include a small, unobtrusive credit link in the footer of websites we develop. This link will typically read "Website by Lesco Digital" or similar, and will link to our website (www.lescodigital.co.za).

This attribution helps us grow our business and maintain competitive pricing. The attribution will be designed to complement your website's design and will not interfere with your website's functionality or user experience.

Attribution Removal: Clients may request removal of this attribution subject to the following conditions:

• Removal must be explicitly permitted in the service agreement or contract
• A removal fee may apply as specified in the service agreement or contract
• For pro-bono or significantly discounted services, attribution removal may not be available
• Requests must be made in writing to info@lescodigital.co.za
• Attribution removal does not affect other terms of service or support obligations

7. User Content

7.1 Your Responsibility

You are solely responsible for any content you provide to us, including text, images, videos, and other materials. You represent and warrant that you own or have the necessary rights to use any content you provide.

7.2 License to Use

By providing content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing our services to you.

7.3 Prohibited Content

You agree not to provide content that:

• Infringes any intellectual property rights
• Violates any applicable laws or regulations
• Is defamatory, obscene, offensive, or inappropriate
• Contains viruses or malicious code
• Impersonates any person or entity
• Contains false or misleading information

8. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using our services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, national, provincial, or local regulations, rules, laws, or ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent security features

9. Termination

9.1 Termination by You

You may terminate your account/service(s) with us by sending a 7 day notice. Termination does not relieve you of any obligations to pay outstanding fees.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

9.3 Effect of Termination

Upon termination:

• Your right to use our services will immediately cease
• All outstanding fees become immediately due and payable
• We may delete your account and associated data
• We are not obligated to provide any refunds

10. Disclaimers

10.1 No Guarantee

We do not guarantee that our services will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of our services will be accurate or reliable.

10.2 Third-Party Services

Lesco Digital utilizes third-party service providers for hosting, domain registration, email services, SSL certificates, CDN services, and other infrastructure components. While we carefully select reputable providers:

• We are not responsible for the performance, availability, security, or reliability of third-party services
• We do not guarantee uninterrupted access to websites or services hosted through third-party providers
• We are not liable for data loss, security breaches, downtime, or other issues originating from third-party providers
• Third-party service providers have their own terms of service, privacy policies, and acceptable use policies that may apply
• We act as your representative and point of contact but cannot control or guarantee third-party provider actions

Your use of services provided through third-party providers is at your own risk. We will make commercially reasonable efforts to assist with third-party service issues but cannot be held liable for matters beyond our direct control.

11. Limitation of Liability

Our total liability to you for any damages arising out of or related to these Terms or your use of our services shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.

12. Indemnification

12.1 General Indemnification

You agree to defend, indemnify, and hold harmless Lesco Digital (Pty) Ltd and its officers, directors, employees, contractors, agents, licensors, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of our services
• Your violation of any third-party rights, including intellectual property rights
• Any content, data, or materials you provide to us
• Your violation of any applicable laws or regulations
• Any breach of your representations and warranties set forth in these Terms

12.2 Third-Party Service Provider Indemnification

You specifically agree to indemnify and hold Lesco Digital harmless from any claims, losses, damages, or expenses arising from or related to:

• Hosting Provider Issues: Any downtime, data loss, security breaches, performance issues, or service interruptions caused by third-party hosting providers we use on your behalf
• Domain Registration: Any disputes, losses, or issues related to domain name registration, renewal, transfer, or expiration through third-party domain registrars
• Email Service Providers: Any email delivery failures, spam filtering, account suspensions, or data loss from third-party email service providers
• SSL/Security Certificate Providers: Any issues with SSL certificates, security warnings, or certificate expiration from third-party certificate authorities
• Payment Processors: Any transaction disputes, payment failures, or processing issues with third-party payment gateways
• CDN and Infrastructure: Any content delivery, caching, or infrastructure issues from third-party CDN or cloud service providers
• Third-Party Software/Plugins: Any bugs, security vulnerabilities, incompatibilities, or failures in third-party software, plugins, themes, or libraries used in your project

12.3 Limitations of Our Liability for Third-Party Services

You acknowledge and agree that:

• Lesco Digital acts as an intermediary for certain services provided by third parties
• We do not control the infrastructure, policies, or operations of third-party service providers
• We are not responsible for any acts, omissions, errors, representations, warranties, breaches, or negligence of any third-party service providers
• We are not liable for any personal injuries, property damage, or economic losses resulting from third-party service failures
• While we carefully select reputable third-party providers, we cannot guarantee their performance, uptime, or security

12.4 Data Backup Responsibility

You acknowledge that while we may facilitate backup services through third-party providers, you are ultimately responsible for:

• Maintaining independent backups of all critical data, content, and materials
• Verifying the integrity and recoverability of your backup data
• Any data loss that occurs due to third-party hosting provider failures, security breaches, or technical issues

12.5 Client Obligations During Third-Party Issues

In the event of third-party service disruptions, you agree to:

• Cooperate with us in resolving issues with third-party providers
• Provide necessary information, credentials, or documentation required for troubleshooting
• Allow reasonable time for issue resolution based on the third-party provider's response times
• Not hold us liable for delays or damages beyond our reasonable control

12.6 Defense of Claims

Lesco Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of any such claims. You will not settle any claim that affects Lesco Digital without our prior written consent.

12.7 Survival

The obligations under this indemnification section shall survive the termination or expiration of these Terms and your use of our services.

13. Governing Law

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

13.2 Jurisdiction

You consent to the exclusive jurisdiction of the courts located in Pretoria, Gauteng, South Africa, for any disputes arising out of or relating to these Terms or your use of our services.

13.3 Dispute Resolution

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, disputes shall be submitted to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 7 days' notice prior to any new terms taking effect.

Your continued use of our services after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new terms, you must stop using our services.

15. Contact Information

For questions about these Terms of Service, please contact us:

Additional Provisions

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement: These Terms constitute the entire agreement between you and Lesco Digital (Pty) Ltd regarding the use of our services.