Terms and Conditions

Preamble

The terms and conditions stated in this document apply to all Hospitality Innovations (PTY) Ltd Clients unless agreed in writing to the contrary. These Terms and Conditions set out the working terms, billing approach, scope boundaries, client responsibilities and service expectations that apply to website development, website support, maintenance, consulting, social media, advertising support and related digital work.

No other contract terms and conditions shall apply unless specifically agreed in writing between Hospitality Innovations and the Client.

Definitions

• Client: The person, company, authorised representative or entity requesting, approving, receiving or paying for the Services.
• Hospitality Innovations: Hospitality Innovations (PTY) Ltd, including its directors, employees, representatives, subcontractors or appointed service providers where applicable.
• Services: Website development, website design, maintenance, support, consulting, content updates, social media services, email support, hosting assistance, integrations and related digital services.
• Deliverables: The specific outputs, pages, features, files, content, designs, layouts, campaigns or services listed in an accepted quotation, invoice, proposal, written scope of work, support request or written agreement.
• Scope of Work: The agreed tasks, deliverables, platforms, pages, features, responsibilities, exclusions, timelines and payment terms confirmed in writing.
• Go-live: The point at which a website, page, campaign, feature, account, service or deliverable is published, made available to users, transferred to the Client, released for use or otherwise handed over.
• Review Period: The agreed time after delivery or go-live during which the Client may report corrections relating to the original approved Scope of Work.
• Bug, Fix or Correction: A fault where a deliverable does not work according to the agreed Scope of Work.
• Revision or Change Request: A requested change to copy, layout, design, structure, styling, content, functionality, direction or preference where the relevant item works according to the agreed Scope of Work.
• Support: Requested assistance, troubleshooting, small updates, advice or issue review provided during normal working hours, subject to availability and the applicable support arrangement.
• Maintenance: Scheduled or requested technical upkeep, including updates, basic checks and compatibility review. Maintenance is not continuous monitoring and does not include redesigns, new features, custom development, content updates, SEO work, speed optimisation or emergency recovery unless expressly included.
• Urgent Work: Work requested for same-day handling, after-hours handling, launch-critical deadlines, broken website recovery, payment or booking failure, security incidents or other time-sensitive issues requiring priority attention.
• Normal Working Hours: Hospitality Innovations’ usual business working hours, excluding weekends, South African public holidays, annual closure periods and after-hours periods, unless otherwise agreed in writing.
• Written Approval: Approval or instruction provided by email, signed document, accepted quotation, paid invoice, project management comment, WhatsApp message or another written channel accepted by Hospitality Innovations. Hospitality Innovations may require verbal discussions to be confirmed in writing before action is taken.

Service Scope Guide

This guide explains how general website updates, retainers, maintenance, social media support and larger project work are normally handled. Specific rates, inclusions, exclusions, deliverables and payment milestones will be confirmed in the accepted quote, invoice, support agreement or written scope of work.

1. Quotations and Scope

1. Hospitality Innovations may provide Clients with initial estimates or quotations for projects on request. The final project value may vary from the initial quotation if additions, changes or refinements are requested outside the original Scope of Work.
2. Acceptance of a quotation, estimate, invoice, written scope, support request, project phase, email instruction or other Written Approval is subject to these Terms and Conditions, unless specifically agreed in writing to the contrary.
3. Work begins once the scope, quote, required access, payment terms and any required deposit or upfront payment have been approved.
4. Additional requests outside the agreed scope are billed separately or quoted as a new phase of work.
5. Hospitality Innovations may rely on written instructions, approvals and information provided by the Client, the Client’s staff, authorised representatives or appointed third parties.
6. Any timelines, launch dates or completion estimates are estimates only unless expressly confirmed as fixed deadlines in writing. Timelines depend on timely Client feedback, content, access, approvals, payments and third-party availability.

2. Payments, Deposits and Retainers

1. Hospitality Innovations standard payment terms are payment on presentation of invoice, unless otherwise agreed in writing.
2. New projects require a 50% upfront payment before work commences. A further 25% payment is due once development has been completed. The remaining balance must be paid in full before the website, application, service or final deliverable is made live, released, transferred or handed over. Depending on the size or scope of the project, additional staged payments may be required during the project.
3. Specific payment percentages, rates, amounts, due dates and milestones will be confirmed in the accepted quotation, invoice, retainer agreement or written scope of work.
4. Monthly or retainer invoices are billed monthly in advance and must be paid within the agreed payment terms. Late payment may result in suspension of support, maintenance, hosting-related assistance, retainer services or further project work.
5. Retainer clients receive service at a reduced hourly rate compared with ad hoc or once-off work. The reduced rate applies only while the retainer is active, paid up to date and within the agreed support arrangement.
6. Unused monthly support time does not roll over unless agreed in writing.
7. Where development or project costs are paid by instalment or payment plan, Hospitality Innovations remains the owner of the relevant work, files, design and development deliverables until payment has been made in full, unless otherwise agreed in writing.
8. Upfront payments and deposits secure project time, planning, scheduling and commencement of work. Once work has started, deposits and upfront payments are not automatically refundable, except where required by law or agreed in writing.
9. Time spent on communication, investigation, testing, admin, backups, staging, publishing, reporting or coordination may form part of billable time or retainer time unless otherwise agreed.

3. Client Content, Access and Approvals

1. The Client must supply final approved copy, images, product information, login details, brand assets, content instructions and any required third-party access unless content creation or asset preparation has been quoted separately.
2. Delays in supplying content, feedback, access or approvals may affect timelines and may require the scope, cost or completion date to be renegotiated.
3. Hospitality Innovations may request outstanding payments to be settled before continuing work where delays, scope changes or non-payment affect project progress.
4. The Client confirms that all supplied content, images, logos, wording, documents, product data and media are owned by the Client or may legally be used by the Client, and are free of copyright infringement.
5. The Client is responsible for verifying the accuracy, legality and completeness of all supplied or approved content, including prices, offers, product details, accommodation details, policies, terms, claims, promotions, contact information, legal wording and regulatory statements before publication.
6. Deliverables will be deemed accepted if the Client approves them in writing, publishes them, uses them commercially, instructs Hospitality Innovations to make them live, or does not report required corrections within the agreed Review Period.

4. Fixes, Revisions, Corrections and Maintenance

1. Fixes for newly built websites or project deliverables must be identified within the agreed Review Period after go-live or delivery. Fixes identified after the Review Period may be quoted or billed separately unless covered by an active agreement.
2. A Bug, Fix or Correction means something does not work according to the agreed Scope of Work. A Revision or Change Request means the relevant item works, but the Client wants copy, design, layout, styling, structure, direction or functionality changed.
3. Unless otherwise stated in the accepted quote or Scope of Work, quoted project work includes only the revision rounds expressly included in that quote or scope. Additional revisions, new direction changes, changes after approval or changes outside the original scope may be billed separately.
4. Hospitality Innovations cannot future proof websites, plugins, themes, apps, browsers, hosting environments, third-party services or online platforms. Ongoing updates and compatibility work remain the Client’s responsibility unless covered by a maintenance or support agreement.
5. Maintenance does not mean continuous monitoring or “eyes on the website” at all times. Issues must still be reported to Hospitality Innovations for review.
6. Backups should be completed before larger updates, redesigns, migrations, plugin changes, theme changes or technical changes. Backup responsibility must be agreed depending on the hosting and maintenance arrangement.
7. Plugin, theme, hosting, server, email, API, app or third-party software faults are not automatically covered by maintenance and may be quoted or billed separately.
8. Hospitality Innovations is not responsible for faults, layout changes, downtime, data loss, plugin conflicts or technical issues caused by Client actions, third-party developers, hosting providers, plugin updates, theme changes, unauthorised access, compromised credentials or changes made outside Hospitality Innovations’ control. Investigation and repair may be billed separately.
9. Websites are tested against current versions of major modern browsers unless otherwise agreed. Compatibility with outdated browsers, unsupported devices, unusual screen sizes, legacy operating systems or future browser changes is not guaranteed and may be quoted separately.
10. Website speed, performance scores, Core Web Vitals, SEO scores and testing tool results may be affected by hosting, plugins, third-party scripts, analytics, ads, images, fonts, themes, content and external services. Specific performance targets are not guaranteed unless expressly included in the Scope of Work.
11. Unless otherwise agreed in writing, responsive testing is carried out on reasonable modern desktop and mobile viewport sizes, and not every physical device, operating system, browser version, screen size or unusual device combination. Additional device-specific testing may be quoted separately.
12. Where the Client, its staff, another developer, another service provider or any third party modifies the website, hosting, plugins, theme, code, DNS, integrations, content, settings or accounts, Hospitality Innovations may treat any related investigation, support, correction, recovery or reconfiguration as chargeable work.
13. If a project or website is placed on hold due to Client delay, missing information, delayed feedback, unpaid invoices or third-party delays, Hospitality Innovations cannot guarantee the original timeline, availability, pricing, plugin compatibility, design assumptions, development approach or third-party costs when the project resumes.

5. Urgent Work, Availability and Response Times

1. Retainer support and general website support are handled during Normal Working Hours and remain subject to availability.
2. Urgent, same-day, after-hours, emergency, launch-critical or broken-site recovery work may be billed at a priority rate or quoted separately.
3. Response times are not guaranteed unless a specific service-level agreement has been agreed in writing.
4. Retainer work is handled in the order received and according to availability, urgency, complexity and active workload. A retainer does not guarantee immediate same-day completion unless a specific service-level agreement has been agreed in writing.
5. Hospitality Innovations may decline, delay, reschedule or separately quote urgent work where the request is outside available capacity, outside the agreed scope, requires third-party input or carries additional technical risk.

6. Third-Party Costs and Services

1. Hosting, domains, plugins, themes, apps, licences, payment gateways, stock images, fonts, subscription tools, booking tools, email systems, advertising platforms and other third-party services are excluded unless specifically included in writing.
2. Hospitality Innovations may assist with the setup, configuration or troubleshooting of third-party services, but is not liable for interruptions, non-performance, policy changes, downtime, cancellation, pricing changes or technical issues caused by third-party providers.
3. Payment gateway, shipping, booking, OTA, PMS, channel manager, analytics, email marketing and advertising accounts remain the Client’s responsibility unless otherwise agreed.
4. Where possible, third-party accounts such as hosting, domains, analytics, email marketing, advertising platforms, payment gateways and software licences should be registered in the Client’s own name. Hospitality Innovations may assist with setup or access but does not own or control third-party provider decisions unless specifically agreed.
5. Hospitality Innovations may use trusted subcontractors, freelancers or specialist providers where required to deliver the Services, while remaining responsible for managing the Client relationship unless otherwise agreed.
6. Hospitality Innovations may use software tools, automation, AI-assisted tools, design tools, development tools, testing tools or third-party platforms to support delivery of the Services. All final outputs remain subject to review, approval and acceptance by the Client. The Client remains responsible for verifying factual, legal, regulatory, commercial and business-critical content before publication or use.
7. Where AI-assisted tools are used, outputs may require human review, editing and verification. Hospitality Innovations does not guarantee that AI-assisted outputs are free from factual errors, originality concerns, platform restrictions, bias, omissions or compliance issues. The Client remains responsible for final approval of all business-critical, legal, factual, commercial and public-facing content.

7. Hosting, Domains, Security and Website Transfers

1. Hosting and domain renewals may be invoiced separately where Hospitality Innovations manages or assists with these services.
2. Hospitality Innovations will use reasonable efforts to assist with hosting or website disruption where the relevant service is hosted or maintained through Hospitality Innovations, but cannot guarantee uptime or compensate the Client for downtime caused by hosting providers, third-party platforms, cyber incidents, outages or circumstances outside direct control.
3. Login details and passwords must be kept confidential and secure. Hospitality Innovations will not be held accountable for access-related issues, email compromise, website hacks or account misuse caused by weak, shared, lost or compromised credentials.
4. Website transfers to another provider will be supported subject to all outstanding amounts being paid in full. A transfer or handover fee may apply depending on the work required.
5. If the Client, its staff, another service provider or any unauthorised person makes changes to hosting, DNS, email, website files, plugins, themes, content, settings or accounts, any resulting investigation, repair, recovery or reconfiguration may be billed separately.
6. Where possible, Hospitality Innovations may use its own administrator account, delegated access, collaborator access or role-based access rather than shared credentials. The Client remains responsible for controlling access to its own systems and for removing or updating access when users, staff, contractors or service providers no longer require it. Hospitality Innovations is not responsible for actions taken by other users with administrator or account access.
7. Hospitality Innovations does not guarantee email deliverability, inbox placement, spam filtering outcomes, blacklist removal, DNS propagation time, mailbox availability, domain reputation, third-party mailbox performance or third-party email platform performance.

8. SEO, Marketing, Email, Advertising and Social Media

1. Hospitality Innovations does not guarantee search engine rankings, advertising results, traffic volume, enquiry volume, revenue, social media engagement, follower growth, reach, virality, platform approval, account performance or platform performance unless expressly stated in writing.
2. Email campaigns, newsletters, mailing lists, subscriber data, spam compliance and use of purchased, rented or third-party lists remain the Client’s responsibility unless otherwise agreed.
3. Client responses to users, guests, customers or followers on social media, review platforms, email, booking platforms or websites remain the Client’s responsibility unless a separate service agreement states otherwise.
4. Where social media management is included, the agreed service may include content calendars, caption writing, post scheduling, creative direction, campaign support, reporting or community management only to the extent expressly included in the relevant agreement.
5. The Client remains responsible for approving content, claims, offers, pricing, promotions, competitions, giveaways, images, videos and responses before publication unless a separate approval process is agreed in writing.
6. Platform restrictions, rejected ads, account suspensions, hacked accounts, policy changes, algorithm changes, reduced reach, verification issues and account access issues are outside Hospitality Innovations’ control.
7. Advertising spend, boosted post budgets and third-party media costs are excluded from service fees unless expressly stated. The Client remains responsible for funding ad accounts and complying with platform advertising policies.
8. Hospitality Innovations may advise on or manage campaigns but does not guarantee ad approval, cost per click, cost per lead, conversions, sales, return on ad spend or campaign profitability.
9. Hospitality Innovations may assist with the placement, formatting, implementation or publication of legal, privacy, compliance, payment, booking, policy, promotional or regulatory content, but does not provide legal, financial, tax, regulatory, medical, accounting or compliance advice. The Client is responsible for obtaining professional advice where required and for approving all such content before publication or use.
10. Hospitality Innovations may place, format or publish privacy policies, cookie notices, booking terms, refund policies, competition terms, disclaimers or other legal or compliance wording supplied or approved by the Client, but is not responsible for drafting, validating or ensuring the legal adequacy of that wording unless expressly agreed in writing.

9. Intellectual Property and Portfolio Use

1. Website source files, design work, custom code, scripts, CSS, templates, structures and related development work remain the intellectual property of Hospitality Innovations until payment has been made in full, unless otherwise agreed in writing.
2. Client logos, brand assets, unique images, supplied copy and Client-owned content remain the property of the Client.
3. Hospitality Innovations and its subcontractors retain the right to display completed work as examples in portfolios, proposals, case studies or marketing material unless the Client requests confidentiality in writing.
4. Hospitality Innovations may include a discreet website credit or link in the footer of completed websites unless the Client requests removal in writing.
5. Pre-existing methods, know-how, reusable code, frameworks, templates, libraries, processes, tools and general technical knowledge used by Hospitality Innovations remain the property of Hospitality Innovations unless specifically assigned in writing.
6. Once all amounts relating to the relevant project or deliverable have been paid in full, the Client receives a non-exclusive licence to use the completed deliverables for the Client’s own business purposes, unless a broader transfer or assignment is expressly agreed in writing. Hospitality Innovations retains ownership of pre-existing methods, reusable code, frameworks, templates, libraries, processes, tools, know-how and general technical knowledge unless specifically assigned in writing.
7. Unless expressly included in the Scope of Work, the Client is not entitled to raw working files, internal project notes, editable design source files, development environments, reusable code libraries, build systems, commercial templates, plugin licences, stock assets, software tools, automation workflows or other tools used by Hospitality Innovations to create the deliverables.

10. Cancellation, Non-Payment and Suspension

1. Cancellation of ongoing services may be made by providing written cancellation notice in line with the applicable agreement, retainer, invoice terms or these Terms and Conditions.
2. In the event of non-payment, Hospitality Innovations has the right to suspend all further work, support, maintenance, transfer assistance or services until payment has been made in full.
3. Where a Client delays project progress, fails to provide required information or does not make payment within the agreed terms, Hospitality Innovations may pause or terminate the work and invoice for all work completed to date.
4. If the Client cancels a project after work has started, Hospitality Innovations may invoice for all work completed, booked time, project planning, administration, subcontractor costs, licences, third-party costs and non-recoverable expenses incurred up to the cancellation date.
5. If the Client does not provide required content, feedback, access, approvals or payment within a reasonable period, Hospitality Innovations may place the project on hold. Projects inactive for more than 30 days may require rescheduling, and projects inactive for more than 60 days may require requoting, revised timelines or a reactivation fee before work resumes.
6. Suspension of work due to late payment, missing information, third-party delays, Client delay or Client cancellation does not remove the Client’s obligation to pay for work already completed or costs already incurred.
7. The Client may be liable for reasonable collection costs, legal fees, tracing fees, administrative costs or other recovery costs incurred by Hospitality Innovations in recovering overdue amounts, to the extent permitted by applicable law.

11. POPIA, Confidentiality and Data Handling

1. Hospitality Innovations will take reasonable steps to handle Client information, login details, business information and personal information responsibly and in line with applicable South African data protection requirements.
2. The Client remains responsible for ensuring that any personal information, guest data, subscriber lists, customer data, staff data or third-party data supplied to Hospitality Innovations has been lawfully collected and may lawfully be used for the intended work.
3. A separate POPIA statement is available here and should be read together with these Terms and Conditions where applicable.
4. The Client remains responsible for its own privacy notices, cookie notices, consent records, database permissions, unsubscribe handling, legal compliance and data retention obligations unless specifically included in the Scope of Work.
5. Hospitality Innovations may require access to Client systems, accounts or data to perform the Services. The Client must provide only the access reasonably required and must remove or update access when the Services end, unless otherwise agreed.
6. Where Hospitality Innovations processes personal information on behalf of the Client, Hospitality Innovations acts only on the Client’s lawful instructions, unless otherwise required by law. The Client remains responsible for determining the purpose and means of processing, obtaining required consents, maintaining lawful databases, and ensuring that personal information supplied to Hospitality Innovations may lawfully be used for the intended Services. Where required, the parties may enter into a separate data processing or operator agreement.

12. Liability Limitation and Indemnification

1. Hospitality Innovations will provide the Services using reasonable skill and care, based on the agreed Scope of Work. Except as expressly stated in writing, Hospitality Innovations gives no further warranties regarding commercial results, platform performance, third-party services, rankings, conversions, uninterrupted operation, error-free operation, future compatibility or fitness for a particular purpose.
2. To the maximum extent permitted by applicable law, Hospitality Innovations shall not be liable to the Client or any third party for indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, goodwill, use, data, business interruption, reputational harm, lost opportunity or other intangible losses, regardless of the theory of liability and even if advised of the possibility of such damages.
3. The Client agrees to defend, indemnify and hold harmless Hospitality Innovations, its directors, employees, agents, subcontractors and representatives from and against claims, liabilities, damages, losses, costs, expenses or fees arising from or relating to the Client’s use of the Services, breach of these terms, supplied content, third-party services, Client decisions, Client omissions or third-party claims connected to the Services.
4. The limitations and indemnifications in this section shall apply to the maximum extent permitted by applicable law.
5. Nothing in these Terms and Conditions is intended to exclude liability that cannot legally be excluded under applicable law.
6. To the maximum extent permitted by applicable law, Hospitality Innovations’ total aggregate liability for any claim arising from or relating to the Services shall not exceed the total fees actually paid by the Client to Hospitality Innovations for the specific project, service or deliverable giving rise to the claim, or the fees paid for that specific service during the preceding three (3) months, whichever is lower.

13. Customer Service, Communication and Client Expectations

1. Hospitality Innovations aims to provide clear, practical and professional service, explain technical matters in understandable terms, keep unnecessary jargon to a minimum, and respond to client communication in a reasonable and timely manner.
2. The Client is expected to provide requested information within agreed timescales, pay invoices within the agreed payment terms, communicate delays or changed circumstances in advance, and provide clear feedback and approvals when required.
3. Official project instructions, approvals and change requests must be provided in writing by email, approved project management tools or another agreed written channel. Verbal discussions, calls or informal messages may need to be confirmed in writing before action is taken.
4. The Client must appoint a clear point of contact where reasonably required. Hospitality Innovations may rely on instructions or approvals from that contact unless informed otherwise in writing.
5. Hospitality Innovations may pause work where unclear feedback, conflicting instructions, unavailable decision-makers or excessive revisions prevent reasonable progress.
6. Messages, requests or instructions sent outside Normal Working Hours may be reviewed on the next working day. Use of WhatsApp, informal messaging, social media messaging or other quick communication channels does not create an obligation for immediate response, urgent handling or after-hours service unless a specific support arrangement or service-level agreement has been agreed in writing.

14. Governing Law, Dispute Resolution and Force Majeure

1. These Terms and Conditions are governed by the laws of the Republic of South Africa, unless otherwise agreed in writing.
2. The parties agree to first attempt to resolve disputes in good faith through written communication. If unresolved, the matter may be referred to mediation, arbitration or the appropriate South African court or forum with jurisdiction, unless otherwise agreed in writing.
3. Hospitality Innovations will not be liable for delays or failure to perform caused by events outside reasonable control, including power outages, internet failure, illness, strikes, natural disasters, cyber incidents, platform outages, hosting failure, supplier delays, third-party service failure, acts of government or similar circumstances beyond reasonable control.
4. Where an event outside reasonable control affects timelines, availability, deliverables or third-party services, Hospitality Innovations may adjust deadlines, pause work or reschedule the affected services where reasonably necessary.

15. Terms, Updates and Written Agreements

1. These Terms and Conditions constitute the general terms that apply to website development, maintenance, support, consulting, social media, advertising support and related digital work carried out by Hospitality Innovations for the Client, unless a specific written agreement states otherwise.
2. If a quotation, invoice, accepted scope of work, support agreement, retainer agreement or other written agreement contains specific terms that differ from these Terms and Conditions, those specific written terms will apply only to the relevant work, service or project phase, unless stated otherwise.
3. These Terms and Conditions may be updated from time to time. The version published on the Hospitality Innovations website at the time of the relevant quotation, invoice, support request, project phase or written instruction will apply, unless a specific written agreement states otherwise.
4. If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by applicable law.