Our Policies

By Using our website or services you agree to be bound by these policies.

TERMS OF USE

Company: Va-prof Pty Ltd
Last Updated: 01 October 2025
Effective Date: 04 March 2026

1. ACCEPTANCE OF TERMS

1.1 By accessing, subscribing to, purchasing, activating, or using any website, hosting environment, digital platform, system, infrastructure, or service provided by Va-prof Pty Ltd (“Va-prof”, “we”, “us”, or “our”), you (“Client”, “you”, or “your”) agree to be legally bound by these Terms of Use (“Terms”).

1.2 These Terms constitute a binding electronic agreement in accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

1.3 These Terms must be read together with any signed Agreement, Quotation, Service Level Agreement (SLA), Master Service Agreement (MSA), Privacy Policy, or Subscription Agreement. In the event of conflict, the signed agreement prevails.

1.4 If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. MANDATORY SIGNED CONTRACT & SUPPORTING DOCUMENTATION

2.1 Effective 26 March 2026, no services shall commence unless:

A fully completed and signed Contract/Agreement is received;
All onboarding documentation is completed;
Required supporting documents are submitted;
Required deposits or upfront payments are made.

2.2 Supporting documentation may include (where applicable):

CIPC registration documents
Director/Member ID copies
Proof of address
VAT registration certificate
Banking confirmation letter
FICA documentation
Signed debit order mandate

2.3 Va-prof reserves the right to delay, suspend, or refuse services where documentation is incomplete, inaccurate, or unverifiable.

3. SERVICES

Va-prof provides, including but not limited to:

Website Design & Development (subscription-based model)
Website Hosting
Email Hosting
Domain Registration Assistance
Graphic Design
Virtual Administration Services
Related digital support services

Va-prof reserves the right to modify, improve, suspend, or discontinue any Service at its sole discretion, subject to applicable law.

4. CLIENT RESPONSIBILITIES

4.1 Accuracy of Information

You warrant that all information provided is accurate, current, and lawful.

4.2 Content Responsibility

You are solely responsible for all content supplied. You warrant that:

You have lawful rights to such content;
It does not infringe intellectual property rights;
It complies with South African law;
It does not contain malicious code.

You indemnify Va-prof against all claims arising from client-supplied material.

4.3 Cooperation

Failure to provide required materials, approvals, documentation, or communication does not suspend payment obligations.

4.4 Acceptable Use

You may not use the Services for:

Spam or unsolicited communications
Hosting malware, phishing, ransomware, or fraudulent systems
Copyright or trademark infringement
Illegal, harmful, defamatory, or deceptive conduct
Any activity contrary to South African law

Va-prof may suspend or terminate services immediately for violations without notice.

5. INTELLECTUAL PROPERTY

5.1 Client Content

You retain ownership of your content but grant Va-prof a non-exclusive license to use, reproduce, store, and process it for service delivery.

5.2 Website Subscription Services

All website code, systems, frameworks, backend architecture, hosting configurations, automation scripts, and technical infrastructure remain the exclusive intellectual property of Va-prof.

Your subscription grants a:

Non-exclusive
Non-transferable
Revocable license

Valid only while your account is active and fully paid.

Upon cancellation or termination:

Website access is suspended;
Hosting is discontinued;
Source code is not transferred;
Ownership remains with Va-prof.

5.3 Graphic Design Services

Upon full and final payment:

Final design files (JPEG, PNG, PDF) are delivered.
Working/source files remain property of Va-prof unless separately purchased in writing.

Va-prof may display completed work for portfolio purposes unless otherwise agreed.

5.4 Pre-Existing Intellectual Property

All templates, tools, systems, libraries, and proprietary processes remain property of Va-prof.

6. PAYMENT, INVOICING & RATE ADJUSTMENTS

6.1 Monthly Invoicing Cycle

Invoices are issued between the 15th and 20th of each calendar month.

6.2 Payment Due Date

Invoices are due on or before the last calendar day of the same month.

6.3 Grace Period

A three (3) calendar day grace period applies after the due date.

6.4 Late Payment Penalty

If payment is not received within the grace period:

A late payment penalty of R15 per day applies;
Accrues daily until payment is received;
It is a contractual administrative fee and not interest;
It is non-refundable and non-negotiable.

Late penalties will be added to the following invoice.

6.5 Suspension for Non-Payment

Va-prof may suspend services without notice after the grace period, including:

Website downtime
Email suspension
Restricted backend access
System access revocation

6.6 Continued Non-Payment

If unpaid for more than 14 days after due date, Va-prof may:

Terminate services;
Permanently remove hosted data;
Disable accounts;
Hand over for debt collection;
Institute legal proceedings.

All legal costs, attorney fees (attorney-and-client scale), tracing fees, and collection commission shall be for the Client’s account.

6.7 Rate Increases

Va-prof reserves the right to increase service fees with a minimum of thirty (30) calendar days written notice.

Increases may result from:

Inflation or CPI adjustments
Exchange rate fluctuations
Infrastructure or licensing cost increases
Regulatory compliance costs
Operational expense increases

Continued use after the effective date constitutes acceptance.
Clients may cancel before the increase takes effect in accordance with cancellation terms.

7. CANCELLATION POLICY

7.1 Website Subscriptions

Minimum term: Six (6) months.
Cancellation permitted only after minimum term with 30 days written notice.
Website files and source code are not transferred.

7.2 Graphic Design

50% non-refundable deposit required.
Final files released only upon full payment.

7.3 Virtual Administration

30 days written notice required by either party.

8. HOSTING TERMS

8.1 Uptime

Target uptime: 99.9% monthly, excluding:

Scheduled maintenance
Third-party outages
Client-side issues
Cyber attacks
Force majeure events

8.2 Backups

Backups may be performed, but Clients remain responsible for independent backups.
Va-prof is not liable for data loss.

8.3 Email Hosting

Spam filtering is not guaranteed.
Device configuration remains Client responsibility.
Third-party software subscriptions are not included.

9. POPIA COMPLIANCE

In accordance with the Protection of Personal Information Act 4 of 2013 (POPIA):

The Client is the Responsible Party.
Va-prof acts as Operator where processing data on behalf of the Client.
The Client warrants lawful collection of personal data.
The Client indemnifies Va-prof against breaches originating from Client data.
Va-prof implements reasonable technical and organisational safeguards.

10. CONFIDENTIALITY

All confidential information shall be protected and not disclosed unless:

Required by law;
Necessary for service delivery;
Disclosed with written consent.

11. LIMITATION OF LIABILITY

Va-prof shall not be liable for:

Indirect or consequential damages;
Loss of profit;
Loss of data;
Business interruption;
Reputational damage.

Total liability shall not exceed the amount paid by the Client in the preceding three (3) months for the specific Service giving rise to the claim.

12. FORCE MAJEURE

Va-prof shall not be liable for delays or failures caused by events beyond reasonable control, including:

Natural disasters;
Power failures or load shedding;
Internet outages;
Government actions;
War or civil unrest;
Cyber terrorism.

13. TERMINATION

Va-prof may immediately terminate services if:

These Terms are breached;
Payment obligations are not met;
Services are used unlawfully;
Required documentation is not submitted.

Termination does not waive outstanding payment obligations.

14. DISPUTE RESOLUTION

Parties agree to attempt written negotiation prior to legal proceedings.

If unresolved, disputes shall fall under the jurisdiction of the courts of the Republic of South Africa.

15. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

16. ENTIRE AGREEMENT

These Terms, together with all signed agreements and policies, constitute the entire agreement between the Parties.

17. SEVERABILITY

If any provision is found unenforceable, remaining provisions remain valid.

18. NO WAIVER

Failure to enforce any right does not constitute waiver of that right.

19. AMENDMENTS

Va-prof may amend these Terms at any time.
Updated Terms will be published electronically.
Continued use constitutes acceptance.

20. ELECTRONIC COMMUNICATION CONSENT

You consent to receiving:

Invoices
Legal notices
Suspension notices
Amendments
Contract communications

Via electronic communication.

21. CONTACT INFORMATION

Legal Queries:
legal@va-prof.co.za

Registered in the Republic of South Africa.

Effective Date: October 01, 2025

1. Introduction

Va-prof Pty Ltd (“Va-prof,” “we,” “our,” or “us”) is committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and protect the personal information you provide to us when you use our website or services, in accordance with the Protection of Personal Information Act (POPIA).

2. Information We Collect

We collect personal information that is necessary to provide our services and manage our business relationship with you. This may include:

Identity and Contact Information: Your name, company name, email address, physical address, and telephone number.
Payment Information: Billing details, such as bank account information or credit card numbers, which are processed securely by our third-party payment providers.
Project-Related Information: Any personal information contained within the content you provide to us for website development, graphic design, or virtual administration, such as customer contact lists, client details, or employee information.
Technical Information: When you visit our website, we may automatically collect data such as your IP address, browser type, operating system, and website usage data through the use of cookies.

3. How We Use Your Information

We use your personal information for the following purposes:

To Provide Services: To deliver our website design, graphic design, virtual administration, and hosting services as per our agreement with you.
To Manage Our Relationship: To communicate with you about your projects, send you invoices and statements, and respond to your inquiries.
For Marketing and Communication: To send you promotional materials and updates about our services, but only with your consent or where we have a legitimate business interest. You can opt out of these communications at any time.
To Comply with Legal Obligations: To meet our legal and regulatory requirements in South Africa, such as for tax or accounting purposes.
For Security: To protect our website and services from fraud, misuse, and security threats.

4. Disclosure of Your Information

We will not sell or rent your personal information to third parties. We may, however, share your information with the following trusted third parties:

Service Providers: We may use third-party providers for hosting, payment processing, and other business functions. These parties are bound by confidentiality agreements and are only authorized to use your information to perform the services we’ve hired them for.
Legal and Regulatory Authorities: We may disclose your information if required by law, a court order, or to a government body.
In a Business Transaction: If Va-prof is involved in a merger, acquisition, or asset sale, your information may be transferred as part of that transaction.

5. Your Rights Under POPIA

As a data subject, you have the following rights regarding your personal information:

Right to Access: You have the right to request access to the personal information we hold about you.
Right to Correction: You have the right to request that we correct or update any inaccurate or incomplete personal information.
Right to Deletion: You have the right to request the deletion of your personal information in certain circumstances.
Right to Object: You have the right to object to the processing of your personal information in certain circumstances.
Right to Lodge a Complaint: You have the right to lodge a complaint with the Information Regulator of South Africa if you believe we have violated your privacy rights.

To exercise any of these rights, please contact us using the details provided below. We will respond to your request within a reasonable timeframe and in accordance with POPIA.

6. Security of Your Information

We take reasonable technical and organizational measures to protect your personal information from unauthorized access, loss, or destruction. We use secure servers, firewalls, and encryption to safeguard data. However, no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security.

7. Our Role as “Operator”

When you provide us with personal information belonging to your customers or clients for hosting or virtual administration, you acknowledge that we act as an “operator” and you act as the “responsible party” under POPIA. This means you are responsible for ensuring that you have the necessary consent to share that information with us and that your use of the data is lawful. We will process this data only on your instructions and will not use it for our own purposes.

8. Changes to This Privacy Policy

We reserve the right to update this Privacy Policy at any time. We will post the new version on our website and will indicate the date of the last revision. Your continued use of our services after any changes signifies your acceptance of the updated policy.

9. Contact Information

If you have any questions about this Privacy Policy or our data protection practices, please contact us at: legal@va-prof.co.za