Digital Services Agreement

This Digital Services Agreement (“Agreement”) is entered into between Deasil Design (“Deasil”), a brand under Sierra Joe Holdings, a registered company in South Africa, and the Client (“Client”).

This agreement applies to all digital services purchased via https://deasil.co.za/pricing-packages, whether standalone or bundled, and is deemed accepted when the order is placed.

1. Services Provided
Deasil provides digital products and services which may include, individually or in combination:

Website development and/or maintenance
Website hosting and server management
Email hosting and configuration
Domain registration and DNS management
Website support, consulting, or performance monitoring
Digital strategy, technology setup, and technical training
Technical support, diagnostics, and repair services for servers, networks, laptops, and desktop computers
Hardware procurement and supply for computers, servers, and networking devices

1.1 Scope of Work and Changes
Requests beyond the initial service scope will be quoted separately. Deasil is not obligated to deliver work outside the confirmed order unless agreed to in writing.

1.2 Email Hosting Limitations
Deasil cannot guarantee email deliverability to all recipients or platforms. The Client acknowledges that email reliability is influenced by third-party factors (e.g., spam filters, ISP policies) and agrees to use commercial-grade email systems where mission-critical delivery is required.

1.3 Hardware and Technical Support Services
Deasil offers hardware procurement, repair, and technical support for computers, laptops, network devices, and servers. All hardware sales are subject to availability and third-party warranty terms. Unless otherwise specified:

All hardware carries only the manufacturer’s warranty
Diagnostic fees may apply, and are non-refundable
Deasil is not responsible for data loss during hardware repairs or upgrades
Support service availability is subject to technician scheduling and geographic location

2. Services Excluded Unless Stated
The following are not included unless explicitly agreed upon in writing:

Custom graphic design, branding, or illustration work
Full eCommerce implementation
SSL certificates or premium plugin licenses (unless specified)
Social media management, digital marketing, or SEO services

3. Ownership, Access & Non-Payment

3.1 Client Materials
The Client confirms they hold rights to all content provided to Deasil and indemnifies Deasil against any liability for third-party content.

3.2 Deasil Property
Until full payment is received, all digital deliverables—including websites, designs, code, domains, hosting access, and email infrastructure—remain the operational property of Deasil.

3.3 Conditional Ownership of Digital Services
All digital services are managed through Deasil’s accounts. While Clients retain contractual rights, operational access and control remain with Deasil until payment obligations are fulfilled. In the event of account arrears, Deasil may:

Suspend or terminate access to websites, emails, and domains
Redirect services to a holding page
Place a notice online indicating non-payment

Ownership and control are reinstated to the Client upon full settlement.

The Client acknowledges and agrees that until all outstanding payments are made in full, Deasil shall be deemed the temporary beneficial owner of the digital assets and may take any reasonable steps necessary to protect its commercial interests, including full administrative control and public notice of account delinquency.

4. Plans, Billing and Payments

4.1 Billing Terms

All invoices are due upon presentation and must be paid via EFT or the online payment gateway Payfast unless otherwise agreed
Transactions conducted via Payfast will reflect as “Sierra Joe Holdings”
Recurring services (such as hosting or maintenance plans) are billed monthly or annually
Initial deposits for custom work are non-refundable

4.2 Additional Charges

Additional work or overages outside of maintenance plans will be quoted and billed as incurred
Any third-party tools or licenses procured by Deasil incur a 15% administration fee

4.3 Late Fees

R150 or 5% (whichever is greater) is charged for accounts 10+ days overdue
Monthly late penalties apply beyond 30 days

4.4 Collections

Client agrees to cover costs for legal recovery, collection, or enforcement of payment

4.5 Returned Payments

Returned payments incur a R150 penalty and any applicable bank charges

4.6 Service Cancellation
Either party may cancel ongoing services with 30 days’ written notice. Services billed monthly will be terminated at the end of the paid period. Prepaid services are non-refundable. Deasil reserves the right to cancel services immediately if there is a breach of this Agreement, including non-payment or misuse.

5. Intellectual Property

5.1 Client Content
The Client affirms that all content provided to Deasil (e.g., text, graphics, images) is either owned by the Client or that the Client has permission to use said content. The Client agrees to indemnify and hold Deasil harmless from any claims related to such content.

5.2 Deasil Materials
All graphics, designs, layouts, source code, and software developed by Deasil remain the sole intellectual property of Deasil. This includes non-standard, proprietary, or custom code created specifically for the Client. Unless explicitly transferred in writing, these materials may not be used outside the scope of the service agreement or copied to third-party platforms.

5.3 Licensing
Upon full and final payment, the Client is granted a non-exclusive, non-transferable license to use the final delivered digital assets solely for their business on a single domain or platform, as specified in the agreement.

5.4 Platform and Service Code
All platform-level features, member services, or code used to deliver Deasil’s services (whether hosted on Deasil or the Client’s server) remain the property of Deasil.

5.5 General IP Agreement
Except as expressly stated, both parties retain ownership of their own proprietary information and intellectual property. No implied transfer is granted.

5.6 Third-Party Components
Any third-party graphical elements or code used may require attribution or usage limitations, which the Client agrees to uphold.

6. Access and Credentials
Client agrees to provide Deasil with administrative access as needed (e.g., cPanel, DNS, CMS). If the Client chooses to host services elsewhere, setup fees and disclaimers may apply.

6.1 Data Responsibility and Backups
While Deasil may assist with setup and occasional backups, the Client remains responsible for maintaining current backups of their own website and email data unless a backup plan is included in their service package.

7. Subcontracting and Staff Engagement
Deasil may assign work to subcontractors. Clients may not hire or solicit Deasil staff without express written permission.

8. Liability and Indemnity

8.1 Limitation of Liability
Deasil is not responsible for downtime or errors caused by third-party hosting or services. Liability is limited to the amount paid under this agreement. Clients indemnify Deasil for content, legal, or operational risks related to their use of the services.

8.2 Force Majeure
Deasil shall not be liable for any failure or delay caused by circumstances beyond its control, including but not limited to acts of God, government restrictions, natural disasters, technical failures, cyberattacks, or labor disputes.

9. Jurisdiction and Dispute Resolution

9.1 Legal Venue: This agreement is governed by the laws of South Africa, with legal venue in Pretoria.

9.2 Disputes: All disputes will first attempt resolution through mediation. If unresolved, binding arbitration will follow.

10. Final Provisions

10.1 Entire Agreement: This is the full and binding agreement. Any amendments must be in writing.

10.2 Digital Acceptance: By submitting an order via https://deasil.co.za, the Client agrees to the terms outlined in this Agreement. A digital tickbox or submission constitutes legal acceptance of this Agreement under the Electronic Communications and Transactions Act, 2002 (ECTA).

Banking Details
Account Name: Deasil
Bank: FNB Business Cheque
Branch: Mossel Bay
Account Number: 62515966531
Branch Code: 250655

For more details on Terms & Conditions, visit: https://deasil.co.za/terms