Legal

Terms and Conditions

These terms explain how we work with you when you use our website, choose a template or ask us to build, host or look after your website. Please read them before you order.

1. About these terms

These terms are an agreement between you (the person or business ordering from us, or using our websites) and SaniDesign Solutions (Pvt) Ltd, a company registered in Zimbabwe under number 2818A0242024, based in Harare, Zimbabwe ("SaniDesign", "we", "us" or "our").

They apply to sani.design, sanidesign.co.zw, our former address marketplace.sani.design, and to every template, website, hosting plan and service we provide.

You accept these terms when you place an order, make a payment, send us content for your website or use our websites. If you are ordering for a business, you confirm that you are allowed to accept these terms for that business.

If anything we agree with you in writing (including on WhatsApp) differs from these terms, what we agreed in writing applies for that point only.

2. Our services and plans

Our templates are free to browse and choose. You pay us for setting up, hosting and looking after your website. Our current templates are "Business Card" and "WhatsApp Shop", with more (such as "Restaurant & Takeaway" and "Lodge & Guesthouse") coming soon. We may add, change or retire templates at any time.

  • Basic plan ($5 a month): we set up your chosen template with your content, host it, provide an SSL certificate, connect your own domain or register one for you, make monthly updates you request on WhatsApp and give you support. Your first payment is $5 if you use your own domain, $7 if we register a new .co.zw domain, or $15 if we register a new .com domain. After that, it is $5 a month.
  • Once-off plan ($29, paid once): we set up your chosen template with your content and hand the finished site over to you. Hosting, domain, updates and ongoing support are not included. You must provide your own domain and hosting.
  • Custom work: bigger sites, extra pages and special features are quoted on WhatsApp. We will agree the price and what is included before we start.

Prices are in US dollars and are shown on our pricing page. We may change our prices. If we change the price of your Basic plan, we will tell you at least 30 days before the new price applies, and you may cancel before then.

3. Ordering, your content and approvals

You can order using the order form on our website, which opens a WhatsApp message to us, or by contacting us on WhatsApp, by phone or by email. Your order is confirmed when we accept it and you make the first payment.

After we confirm your order, you need to send us everything we need to build your site, such as your logo, photos, business details, prices and text. Most sites are ready for you to review within 2 to 7 working days after we have received all of your content. This is an estimate, not a guarantee.

Before your site goes live, we send you a link to review it. You can ask for reasonable corrections to the setup we agreed. Your site is treated as approved when you tell us it is ready, or if you do not reply within 7 days of our review link.

  • You must give us accurate, complete content and reply to our questions within a reasonable time.
  • If your content is late or incomplete, our delivery time starts again when we receive everything.
  • If we do not receive your content within 30 days of your order, we may put your order on hold. If we still do not receive it within 60 days, we may cancel the order. The refund rules in section 4 apply.

4. Payment, late payment and refunds

We accept EcoCash, bank transfer and cash. We will give you payment details on WhatsApp when your order is confirmed. If you pay in Zimbabwe Gold (ZiG) or another currency, we convert our US dollar price at the official exchange rate published by the Reserve Bank of Zimbabwe on the day you pay.

  • Basic plan: your first payment is due before we start building. After that, your monthly payment is due in advance on the same date each month as your first payment, or on the last day of the month if that month is shorter.
  • Once-off plan: the full $29 is due before we start building.
  • Custom work: payment terms are set out in your quote. We may ask for a deposit before we start.

If a Basic plan payment is not received within 7 days of its due date, we may suspend your website until you pay. Your site will show as unavailable while it is suspended. If your account stays unpaid for 60 days, we may end your plan as described in section 11.

Refunds:

  • If you cancel before we start work on your site, we will refund what you paid, less any domain registration fee already paid to a registry.
  • Once we have started work, setup payments (including the Once-off $29) are not refundable, but we will finish the agreed setup and fix any faults in our work.
  • Monthly fees are not refunded for part of a month, or for months in which you did not use the service.
  • Domain registration and renewal fees are not refundable once paid to the registry.
  • If we cannot deliver what we agreed, we will refund the payments for the part we did not deliver.

5. Domain names

If we register a domain for you, it is registered in your name, or your business name, as the owner (registrant), wherever the registry allows it. We manage the technical and billing details on your behalf.

While your Basic plan is active and paid up, the yearly renewal of a domain we registered for you is included in your monthly fee, and we will renew it on time.

If your Basic plan ends, we will not renew the domain after its current paid period. We will try to remind you before it expires. If you want to keep it, you can ask us to transfer it to you or another provider.

We will transfer a domain we registered for you when you ask, as long as your account is paid up. We do not charge for this, but you must pay any fee the registry or the new provider charges. We are not responsible for a domain that expires because you did not renew it or ask for a transfer in time.

If you use your own domain, you remain responsible for renewing it and keeping it active.

6. Hosting, security and backups

For Basic plan websites, we arrange hosting and an SSL certificate (the padlock that shows the site is secure). We host websites with trusted third-party providers and, as it becomes available, on our own servers. We may move your website between providers or to our own servers, without extra cost to you and with as little disruption as possible. We also use third-party providers for domains, email and other services, and their own terms may also apply.

We take responsibility for monitoring your website and restoring it quickly if something goes wrong, at any time of day or night.

To be honest with you, no website can promise to be online 100% of the time. Short interruptions can happen during maintenance or upgrades, or because of internet or power failures, attacks or other events. When they do, we will keep you informed and restore your site as quickly as we can.

Outage credit: if your Basic plan website is down for more than 24 hours in a row, you get your next month free. This includes outages caused by us or by our hosting providers. It does not apply when the outage is caused by:

  • planned maintenance that we told you about in advance;
  • national or widespread internet or power failures, or other events outside our reasonable control;
  • your own actions or content, or a problem with a domain you manage yourself; or
  • your website being suspended under these terms, for example for late payment or a breach of section 9.

We will apply the credit automatically. If we miss it, tell us within 30 days of the outage. You can get at most one free month for any one calendar month. Credits cannot be exchanged for cash.

We keep backups of the websites we host, but you should keep your own copies of your logo, photos and other content. We are not responsible for content that cannot be recovered after an event outside our control.

Once-off sites are hosted by you or your chosen provider. Hosting, security, backups and uptime are your responsibility after handover.

7. Who owns what

We own all rights in our templates, designs, layouts, code, graphics and the SaniDesign name and logo ("our materials"). We do not sell or transfer ownership of our materials to you.

You own the content you send us, such as your logo, photos, text and business information. You give us permission to use, copy, edit and publish your content to build, host, update and support your website.

  • Basic plan: while your plan is active, we give you a non-exclusive licence to use our materials as part of your one website. The licence ends when your plan ends.
  • Once-off plan: when you have paid in full, we hand over the website files and give you a non-exclusive, permanent licence to use our materials as part of your one website, for your own business.
  • Custom work: anything specific to custom work is agreed in your quote. Unless the quote says otherwise, the same licence rules apply as for the Once-off plan.

We may show your finished website, its name and screenshots in our portfolio, on our websites and in our marketing. If you do not want us to, tell us at any time and we will stop using it for new marketing and remove it from our websites within a reasonable time.

8. Your promises about your content

By sending us content, you confirm that:

  • you own it, or you have permission to use it on your website (including photos taken by others and any logos or brand names);
  • it is accurate and not misleading, including your prices, products and contact details;
  • it does not break any law or anyone else’s rights, including copyright, trade marks and privacy; and
  • you have any consent you need from people who appear in your photos or whose details you publish.

You are responsible for what your website says and sells, and for any licences or permits your business needs.

9. What our websites cannot be used for

We will not build or host a website, or keep content on it, that:

  • is illegal in Zimbabwe, or promotes or supports illegal activity;
  • is fraudulent or misleading, including scams, pyramid or get-rich-quick schemes, fake products or impersonation;
  • copies or infringes anyone else’s copyright, trade marks or other rights;
  • contains adult or sexually explicit material;
  • is hateful, violent, threatening or discriminatory, or harasses anyone;
  • sells or promotes weapons, illegal drugs or other restricted goods without the required licences;
  • contains viruses or harmful code, sends spam or tries to collect people’s data unfairly; or
  • could damage our reputation or put our systems or other customers at risk.

We may refuse any order. If we believe a website breaks this section, we may remove the content or suspend the website without notice, and may end your plan. Where we can, we will tell you why and give you a chance to fix the problem first. We may report illegal activity to the authorities.

10. Monthly updates and support

Basic plan customers can send update requests on WhatsApp. Monthly updates include small changes to your existing site, such as:

  • changing text, prices, opening hours or contact details;
  • adding, removing or replacing photos, products or menu items; and
  • switching to another of our templates.

Monthly updates are for reasonable, small changes that together take about one hour of work. Unused updates do not carry over to the next month.

Larger work is not part of monthly updates and is quoted separately, for example new pages or sections, a redesign, custom features, online payments, booking systems, logo design, copywriting, or a large number of new products at once. We will tell you the cost before we start.

You can contact us for support at any time, 24 hours a day, 7 days a week. We aim to reply within one working day, and faster when your site is down. Most updates are done within 2 working days.

Once-off customers do not get monthly updates or ongoing support. We will fix faults in our setup that you report within 14 days of handover. Other changes are quoted separately.

11. Cancelling and ending the service

You can cancel your Basic plan at any time by telling us on WhatsApp or by email. Please give us 7 days’ notice. Your website stays online until the end of the month you have paid for, and no further payments will be due.

We can end your plan by giving you 30 days’ notice. We can end it immediately, or after the notice we think is fair, if you seriously or repeatedly break these terms, do not pay, or use your website in a way that breaks section 9.

When your Basic plan ends:

  • your website is taken offline;
  • your licence to use our templates and code ends, and you may not copy or keep using them on another website;
  • you can ask us for a copy of your own content (your logo, photos and text) within 90 days;
  • you can ask to take over the finished website files under the Once-off plan terms by paying the Once-off price at that time;
  • domains we registered for you are handled as described in section 5; and
  • we keep a copy of your website for at least 90 days so that it can be restored if you come back. After that, we may delete it.

Sections of these terms that by their nature should continue after the service ends (such as sections 7, 8, 12, 13 and 14) will continue to apply.

12. Our responsibility to you

We will provide our services with reasonable care and skill. Apart from that, our templates, websites and services are provided "as is". We do not promise that your website will bring you a particular number of customers, sales or search results, or that it will be free of every error or interruption.

We are not responsible for:

  • loss of profits, sales, business, opportunity or data, or any indirect or unforeseeable loss;
  • problems caused by your content, your instructions, or changes made by you or anyone other than us;
  • failures of third-party services, such as hosting providers, domain registries, WhatsApp, payment providers or internet and power suppliers; or
  • events outside our reasonable control.

Our total responsibility to you for any claim is limited to the amount you paid us in the 6 months before the event that led to the claim. This does not affect the outage credit in section 6, which you receive on top of it.

You agree to cover our reasonable losses and costs (including legal costs) if someone makes a claim against us because of your content, your business, or your breaking these terms.

Nothing in these terms limits any responsibility that cannot be limited by law, or any rights you have under the Consumer Protection Act [Chapter 14:44] that cannot be excluded.

13. Protecting the SaniDesign brand

The SaniDesign name, logo, templates, designs and website content belong to us. You may not, without our written permission:

  • copy, resell, sublicense, give away or share our templates or code, or offer them as part of your own services;
  • rebrand our templates or present them as your own work;
  • use our templates for more than the one website we set up for you; or
  • use the SaniDesign name or logo, or anything similar, in a way that suggests you are us or are linked to us.

If you break this section, we may end your licence and plan immediately and take legal action to protect our rights.

14. Law, disputes and changes

These terms are governed by the laws of Zimbabwe.

If something is not right, please talk to us first. Most problems can be sorted out with a quick WhatsApp message or call, and we will always try to find a fair solution with you, usually within 14 days.

If we still cannot agree, we can ask an independent mediator to help us find a solution together. Only if that does not work would the matter go to the courts of Zimbabwe, which have the final say.

We may update these terms from time to time, for example when our services or the law change. The latest version will always be on this page with the date it was updated. If a change significantly affects your active plan, we will tell you on WhatsApp or by email at least 14 days before it applies. If you keep using our services after that, you accept the new terms.

If any part of these terms is found to be invalid, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. You may not transfer your plan to someone else without our agreement.

Questions about these terms? Contact us: