Terms and Conditions

These Terms and Conditions govern your use of the Cherry Lemon website and the services provided by Cherry Lemon.

Cherry Lemon is a sole proprietorship operating from:
100 Robyn Road, Lyttelton Manor, Centurion, 0157, South Africa
Telephone: 074 759 4057
Email: customercare@cherrylemon.co.za

By using this website, requesting a quotation, purchasing a service or engaging Cherry Lemon for services, you agree to these Terms and Conditions.

If you do not agree with these terms, please do not use the website or engage Cherry Lemon for services.

1. About Cherry Lemon

Cherry Lemon provides digital services to businesses, including website development, website rebuilds, ecommerce websites, website hosting, email services, CRM setup and management, lead-generation systems, landing pages, email follow-up systems and website care and support.

The specific services provided to you will depend on your quotation, proposal, invoice, service agreement or other written agreement with Cherry Lemon.

2. Website information

The information on this website is provided for general information about Cherry Lemon and its services.

We make reasonable efforts to keep website information accurate and up to date.

Service descriptions, prices, packages and other information may change without prior notice.

Information on the website does not create a binding agreement to provide a particular service.

A binding service arrangement begins when Cherry Lemon accepts your order, quotation or proposal, or when another written agreement between you and Cherry Lemon takes effect.

3. Quotations and proposals

Cherry Lemon may provide quotations or proposals based on the information available at the time.

Unless otherwise stated, quotations are valid for the period stated on the quotation.

A quotation may change where:

• Your requirements change
• The scope of work changes
• You request additional functionality
• Third-party costs change
• Domain, hosting, software or licensing costs change
• Information provided during the quotation process was incomplete or inaccurate

Additional work outside the agreed scope requires approval and may result in additional charges.

4. Website development

Website development services are provided according to the agreed scope.

Depending on the project, this may include:

• Website planning
• Website design
• WordPress installation
• Website development
• Website configuration
• Responsive design
• Basic search-engine optimisation
• Forms
• Integrations
• Analytics
• Website launch

The exact deliverables are determined by the quotation or project agreement.

Features, integrations or functionality not included in the agreed scope will be treated as additional work.

5. Website rebuilds

A website rebuild involves replacing or substantially restructuring an existing website.

Cherry Lemon will agree the scope of the rebuild with you before work begins.

Existing content, functionality, integrations, plugins, themes and third-party services may not be compatible with the rebuilt website.

Where compatibility problems arise, additional work may be required.

Cherry Lemon will discuss material changes in scope with you before proceeding.

6. Ecommerce websites

Ecommerce projects may involve payment gateways, shipping systems, product catalogues, customer accounts, transactional emails and other third-party services.

The availability and operation of these features may depend on third-party providers.

Cherry Lemon is responsible for configuring the agreed website functionality. Cherry Lemon does not control the operation, availability, policies, fees or security of third-party payment providers, shipping providers or other external platforms.

You remain responsible for your products, pricing, stock information, shipping rules, refunds, customer policies and legal obligations relating to your ecommerce business.

7. Client content and information

You are responsible for providing accurate and lawful content for your website. This includes:

• Text
• Images
• Logos
• Product information
• Prices
• Contact details
• Legal policies
• Customer information
• Other materials supplied to Cherry Lemon

You confirm that you have the necessary rights and permissions to use content supplied to Cherry Lemon.

You are responsible for ensuring that your content does not infringe another person's intellectual property, privacy or other legal rights.

Cherry Lemon does not accept responsibility for legal claims arising from content supplied by you.

8. Intellectual property

Unless otherwise agreed in writing, you retain ownership of content and materials you provide to Cherry Lemon.

Cherry Lemon retains ownership of its own:

• Methods
• Processes
• Templates
• Systems
• Code
• Design resources
• Technical know-how
• Reusable components
• Business materials

Where a website includes third-party themes, plugins, fonts, software or other licensed resources, those resources remain subject to their own licence terms.

Payment for a website does not automatically transfer ownership of third-party software or resources to you.

9. Website access and credentials

You may need to provide Cherry Lemon with access to systems required to provide your services. These systems may include:

• WordPress
• Hosting
• cPanel
• Email
• Domain registration
• HubSpot
• FossBilling
• Other third-party platforms

You are responsible for providing accurate access information and for informing Cherry Lemon when access credentials change.

Cherry Lemon will take reasonable steps to protect credentials in its possession.

You should not send payment-provider passwords, banking credentials or other unnecessary sensitive information to Cherry Lemon.

10. Domain names

Cherry Lemon may register or manage domain names on your behalf.

Domain names remain subject to the rules and terms of the relevant registrar and domain authority.

Domain availability is not guaranteed until registration has been completed.

You remain responsible for ensuring that the domain name you request does not infringe another party's rights.

Domain registration fees and renewal fees are separate charges unless expressly included in your service package.

Failure to pay renewal charges may result in domain expiry or loss.

Cherry Lemon is not responsible for domain loss resulting from non-payment, inaccurate registration information or failure to provide required information.

11. Hosting

Cherry Lemon provides website hosting through its hosting infrastructure.

Hosting services are subject to the package and terms agreed with you.

Hosting includes the resources and services specified in your package.

Cherry Lemon takes reasonable steps to maintain hosting security, availability and backups.

No hosting environment is guaranteed to operate without interruption.

Downtime may occur because of maintenance, hardware failure, software issues, network problems, security incidents or circumstances outside Cherry Lemon's reasonable control.

Cherry Lemon will take reasonable steps to restore affected services.

12. Website backups

Cherry Lemon performs website backups as part of relevant hosting and care services.

Backups exist to assist with restoration after technical problems, errors, security incidents or other failures.

Backups are not a guarantee against data loss.

You remain responsible for retaining copies of critical business information where appropriate.

13. Email services

Cherry Lemon may provide email accounts through its hosting infrastructure or other agreed systems.

You are responsible for using email services lawfully and responsibly.

You must not use Cherry Lemon's email systems for spam, fraud, unlawful activity, malicious software distribution or other prohibited activity.

Cherry Lemon may suspend an email account where necessary to protect the hosting environment, other users or the integrity of the service.

14. CRM services

Cherry Lemon may configure and manage CRM systems such as HubSpot. CRM services may include:

• Account setup
• Contact properties
• Pipeline configuration
• Forms
• Lead capture
• Automation
• Email sequences
• Reporting
• Ongoing management

Third-party CRM platforms operate under their own terms and policies.

Cherry Lemon is not responsible for changes made by the CRM provider to pricing, functionality, availability, limits or policies.

Where Cherry Lemon manages personal information belonging to your customers or leads, the applicable privacy and data-processing responsibilities will be addressed through the relevant service arrangement and our Privacy Policy.

15. Lead magnets and lead-generation systems

Cherry Lemon may create or configure lead magnets, landing pages, forms, CRM workflows and email follow-up systems.

You are responsible for ensuring that the information collected through these systems is collected and used lawfully.

You are also responsible for the accuracy and legality of your marketing claims, offers and content.

Cherry Lemon provides the technical system and agreed implementation. Cherry Lemon does not guarantee a particular number of leads, sales, conversions or revenue.

16. Email marketing

Where Cherry Lemon provides email marketing services, you remain responsible for ensuring that your mailing lists and marketing activities comply with applicable laws.

You must have a lawful basis for collecting and using contact information.

You must not provide Cherry Lemon with purchased, scraped or unlawfully obtained mailing lists.

Cherry Lemon may refuse to send campaigns where the proposed activity appears unlawful, abusive or likely to harm the reputation or security of our systems.

17. Website care and support

Cherry Lemon may offer ongoing website care and support packages.

The services included in your care package depend on the package purchased. Support may include:

• WordPress updates
• Plugin updates
• Theme or Oxygen updates
• Backups
• Security checks
• Website monitoring
• Minor content changes
• Technical support

Major development work, new functionality, redesigns and other work outside the agreed package may incur additional charges.

18. Third-party software and services

Cherry Lemon uses and works with third-party platforms and software. These may include:

• WordPress
• Oxygen
• HubSpot
• FossBilling
• PayFast
• PayPal
• Google services
• Hosting infrastructure
• Domain registrars
• WhatsApp
• Other software required for specific services

Third-party services operate independently from Cherry Lemon.

Cherry Lemon does not control third-party pricing, availability, functionality, security policies or terms.

Where a third-party service stops operating, changes functionality, increases its fees or changes its policies, Cherry Lemon will take reasonable steps to help you find an appropriate solution where this falls within the agreed service.

Additional third-party costs remain your responsibility unless included in your agreement with Cherry Lemon.

19. Payments

Cherry Lemon's payment terms are set out in your quotation, invoice or service agreement.

Invoices are issued through FossBilling.

Payment options may include PayFast and PayPal.

Work may be delayed or suspended where invoices remain unpaid.

Hosting, domains, software subscriptions and other recurring services may be suspended or cancelled following non-payment.

20. Recurring services

Hosting, care packages, email services, software-related services and other recurring services are billed according to the agreed billing cycle.

You are responsible for ensuring recurring services remain paid.

Recurring services continue until cancelled according to the applicable service terms.

21. Cancellation

Cancellation terms depend on the service involved.

Where a project has already started, amounts relating to work completed, non-refundable third-party costs and committed resources remain payable.

Hosting requires 30 days' written notice to cancel, given to customercare@cherrylemon.co.za. Other recurring services (such as care packages) may be cancelled subject to the notice period stated in your service agreement or package terms.

Cancellation does not remove amounts already due.

22. Refunds

Cherry Lemon provides custom digital services. Refunds are handled as follows, in addition to the cancellation terms above:

New website and website rebuild projects require a R1,000 deposit to begin work. If, after reviewing the first design mockup, you decide not to proceed, the R1,000 deposit is refunded in full.

Once you approve the mockup, 50% of the remaining project amount becomes payable. The final 50% becomes payable once the completed website is signed off. Amounts paid once the mockup has been approved are non-refundable, as they reflect work already underway or completed.

Hosting is billed on an ongoing, no-fixed-term basis and is non-refundable. Hosting may be cancelled at any time by giving 30 days' written notice; fees already paid, including for the notice period, are not refunded. Other recurring services (such as care packages or software subscriptions) are billed in advance and are not refunded for a billing period that has already started; cancellation takes effect from the start of the next billing cycle unless a different notice period applies under your service agreement.

Approved refunds are paid back to the original payment method, generally within 14 business days, subject to the processing times of PayFast, PayPal or your bank.

To request a refund, contact customercare@cherrylemon.co.za in writing, quoting your invoice or order number.

23. Delivery

Cherry Lemon provides digital services only. No physical goods are shipped or couriered.

"Delivery" of a service means the point at which the agreed deliverable (for example a completed website, a configured system, a campaign, or a piece of work) is made available to you electronically for review, such as via a staging link, your live website, your hosting account, HubSpot, email, or another agreed platform.

Delivery timeframes given in a quotation or proposal are estimates. They depend on you providing content, feedback, approvals and access on time, as described in "Project delays" and "Client responsibilities" in these terms.

A deliverable is treated as delivered once it has been made available to you and either approved by you, or deemed approved after the review period stated in your quotation or service agreement.

24. Client responsibilities

You agree to:

• Provide accurate information
• Provide required content and approvals within agreed timeframes
• Provide necessary access
• Review work and provide feedback
• Maintain accurate business and contact information
• Pay invoices on time
• Keep your own business information and customer information lawful
• Comply with applicable laws relating to your business
• Maintain appropriate licences and permissions for your content and services

Delays in receiving content, approvals, information or access may affect project timelines.

25. Project delays

Cherry Lemon will make reasonable efforts to meet agreed project timelines.

Timelines depend on receiving the information, content, approvals and access required from you.

A project may be delayed where required information or approvals are not provided on time.

Third-party delays, technical failures, platform changes and events outside Cherry Lemon's reasonable control may also affect delivery timelines.

26. Website launch and approval

Before launch, you are responsible for reviewing the website and confirming that the content and functionality are correct.

Once you approve the website for launch, subsequent changes may be treated as additional work unless they relate to an agreed defect or an error attributable to Cherry Lemon.

27. Security

Cherry Lemon takes reasonable steps to protect websites and hosting systems.

No website or online service is completely secure.

You understand that security risks may arise from outdated software, compromised credentials, third-party plugins, malicious attacks, vulnerabilities or other circumstances.

Where Cherry Lemon identifies a security issue within the scope of our services, we will take reasonable steps to address it.

28. Limitation of liability

Cherry Lemon will provide services with reasonable care and skill.

To the extent permitted by law, Cherry Lemon will not be liable for indirect, consequential or unforeseeable losses arising from the use of our website, hosting services, websites we build, third-party platforms or services outside our reasonable control. This includes losses arising from:

• Third-party platform failures
• Hosting outages
• Domain expiry caused by non-payment or inaccurate information
• Third-party software vulnerabilities
• Cyberattacks
• Loss of business
• Loss of profits
• Loss of data where appropriate backups were not available
• Changes to third-party services

Nothing in these terms excludes liability where applicable law does not permit such exclusion.

29. Acceptable use

You must not use Cherry Lemon's website, hosting, email or other services for unlawful, fraudulent, abusive or malicious activity. This includes activities involving:

• Spam
• Phishing
• Malware
• Fraud
• Unauthorised access
• Copyright infringement
• Harassment
• Illegal content
• Activities designed to compromise another person's systems or information

Cherry Lemon reserves the right to suspend services where necessary to protect our systems, other clients or third parties.

30. Privacy

Cherry Lemon processes personal information according to our Privacy Policy and applicable South African privacy law.

Our Privacy Policy explains how we collect, use, store and protect personal information.

Our POPIA Policy provides additional information about our approach to compliance with the Protection of Personal Information Act.

31. Third-party links

Our website may contain links to third-party websites. These links are provided for convenience or information.

Cherry Lemon does not control third-party websites and is not responsible for their content, security, availability or privacy practices.

32. Changes to these terms

Cherry Lemon may update these Terms and Conditions when our services, business practices or legal requirements change.

The latest version will be published on the Cherry Lemon website.

The effective date will appear at the beginning of the policy.

33. Governing law

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

Any dispute relating to these terms will be subject to the jurisdiction of the applicable South African courts.

34. Contact

If you have questions about these Terms and Conditions, contact:

Cherry Lemon
100 Robyn Road, Lyttelton Manor, Centurion, 0157, South Africa
Telephone: 074 759 4057
Email: customercare@cherrylemon.co.za