Terms & Conditions

Please read these terms carefully before using our services. By accessing or using KDC services, you agree to be bound by these terms.

Last Updated: January 2025

Terms of Service

Comprehensive legal agreement covering all KDC services and platforms in South Africa

Effective Date: 01 January 2025

Important Notice Regarding Deposits & Payments

50% Deposits for Website Development Services are NON-REFUNDABLE. By proceeding with payment on our payment page, you acknowledge and accept this refund policy. This policy is in accordance with South African consumer protection regulations and standard business practices for service-based industries. Please review our Refund Policy for complete details.

Table of Contents

1. Definitions

"KDC" refers to Kay's Digital Creations, a South African digital solutions company.

"Services" includes all offerings provided by KDC including website development, educational platforms, digital products, and consulting services.

"Client" refers to any individual or entity that purchases or uses KDC services.

"User" refers to anyone accessing KDC platforms, websites, or services.

"Content" includes all text, images, code, designs, and materials created or provided by KDC.

2. Acceptance of Terms

By accessing or using any KDC services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you must not use our services.

Important Notice

These terms constitute a legally binding agreement between you and Kay's Digital Creations. Continued use of our services constitutes ongoing acceptance of these terms.

3. Services Description

KDC provides the following services:

  • Website Development: Custom website design, development, and hosting services
  • E-commerce Solutions: Online store setup, payment integration, and inventory management
  • Educational Platforms: KDC TVET AI, Online Study Packs, and digital learning resources
  • Digital Products: Templates, themes, and digital tools
  • Consulting Services: Digital strategy, SEO, and business consulting

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

4. Payments and Fees

4.1 Pricing

All prices are quoted in South African Rand (ZAR) unless otherwise specified. Prices are subject to change without notice, but changes will not affect active projects.

4.2 Payment Terms

  • Website Projects: 50% deposit required to commence work, balance due upon completion
  • Subscriptions: Billed monthly/annually in advance
  • Educational Products: Payment required before access is granted
  • Late Payments: Accounts overdue by more than 30 days may be suspended

4.3 Bank Details

All payments should be made to our designated bank account as specified on the payment page. Our bank details are:

Bank: Capitec Bank

Account Holder: MR KL BOPAPE

Account Number: 1711071062

Branch Code: 470010

Reference: [Your Reference Number]

5. Refund Policy

5.1 General Refund Guidelines

Our refund policy varies by service type. Please refer to our comprehensive Refund Policy for detailed information.

5.2 Important Refund Terms

  • Website Development Deposits: 50% deposits are NON-REFUNDABLE
  • Digital Products: No refunds for downloaded digital products
  • Subscriptions: Refunds available within 7 days with limited usage
  • Processing Time: Refunds processed within 7-14 business days

Important Notice

By making a payment to KDC, you acknowledge and accept our refund policy, including the non-refundable nature of 50% deposits for website development services.

6. Intellectual Property

6.1 KDC Intellectual Property

All KDC platforms, software, designs, content, and branding are owned by Kay's Digital Creations and protected by copyright, trademark, and other intellectual property laws.

6.2 Client Intellectual Property

Clients retain ownership of their original content, branding, and materials provided to KDC for projects.

6.3 License Grants

  • KDC grants clients a non-exclusive, non-transferable license to use delivered websites and digital products
  • Clients grant KDC permission to use their logos and project details in our portfolio (unless otherwise agreed)
  • Educational content is licensed for personal, non-commercial use only

7. Privacy and Data Protection

We are committed to protecting your privacy. Our data practices are governed by our Privacy Policy and applicable data protection laws including POPIA (Protection of Personal Information Act).

  • We collect only necessary personal information
  • We implement appropriate security measures to protect your data
  • We do not sell or share your personal information with third parties for marketing purposes
  • You have rights to access, correct, or delete your personal information

8. Limitations of Liability

Important Limitation

To the maximum extent permitted by law, KDC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.

KDC's total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim.

  • We do not guarantee uninterrupted or error-free service
  • We are not responsible for third-party services or platforms
  • Educational results are not guaranteed and depend on individual effort
  • Website uptime is subject to hosting provider reliability

9. Termination

Either party may terminate services with written notice. Termination consequences include:

  • Immediate cessation of service access
  • No refunds for terminated subscriptions (except as per refund policy)
  • Obligation to pay any outstanding fees
  • Return or destruction of confidential information

10. Dispute Resolution

In the event of a dispute, parties agree to:

  • First attempt to resolve the dispute through good faith negotiation
  • If unresolved, pursue mediation with a mutually agreed mediator
  • As a last resort, pursue arbitration in accordance with South African law
  • Legal proceedings, if necessary, shall be conducted in Johannesburg, South Africa

11. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website.

Continued use of our services after changes constitutes acceptance of the modified terms.

Notification of Changes

We will notify users of significant changes via email or prominent website notices at least 30 days before changes take effect.

13. Contact Information

For questions about these Terms & Conditions, please contact us:

  • Email: kaysdigitalcreations05@gmail.com
  • Phone: 067 218 4269
  • WhatsApp: 081 070 7048
  • Address: Kay's Digital Creations, Johannesburg, South Africa
  • Hours: Monday-Friday, 8am-5pm SAST

Acceptance of Terms

By using KDC services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. Please ensure you have also reviewed our Refund Policy and Privacy Policy.

I Do Not Accept

Clicking "I Accept & Continue" constitutes your electronic signature and acceptance of these terms.

Questions About Our Terms?

If you have any questions about our Terms & Conditions or need clarification on any points, please don't hesitate to contact us. We're here to help ensure you have a clear understanding of our policies in accordance with South African regulations.