Terms and conditions

Please read these terms carefully. Sections 22, 23, 24 and 25 limit our responsibility to you, place risk on you and ask you to cover certain losses. They are in plain language and in their own sections so that you can see them before you agree. Ask us if anything is unclear.

1. Who we are and what these terms cover

Kwickly is a website builder run by TJ Software Solutions (Pty) Ltd ("Kwickly", "we", "us" or "our"). Our full details are in section 33.

These terms are the agreement between you and us. They apply to kwickly.co.za, the Kwickly app at app.kwickly.co.za, the websites we host and every other service we provide under the Kwickly name (together, "Kwickly"). "You" means the person who signs up. If you sign up for a business, you confirm that you have the authority to bind that business, and "you" also means the business.

"Your site" means a website you build or publish with Kwickly. "Your customers" means the people who visit or use your site. "Your content" means everything you or your staff add to Kwickly.

2. Accepting these terms

You accept these terms when you tick the box at sign-up, or when you use Kwickly. If you don't agree with them, please don't use Kwickly.

Before you pay, you can review your plan, address and price, correct any mistakes and stop without paying. The agreement for a paid plan starts when you complete the order and we issue your invoice.

You can read these terms at any time at kwickly.co.za/terms, and you can save or print them. Ask us if you need a copy of the version you accepted.

3. Your account

• You must be at least 18 years old and legally able to enter into a contract.
• The information you give us must be true, complete and kept up to date, especially your email address, because that's where we send invoices and notices.
• Keep your password and sign-in links private. You are responsible for what happens in your account, unless it happens because of our fault.
• You may invite staff to help. You are responsible for what they do in your account and for removing their access when they leave.
• Tell us straight away at support@tjsoftwaresolutions.co.za if you think someone else has used your account.

4. Who controls an account

The person who signed up, or the owner they name in the account, controls it. If you sign up for a business, make sure that the business can reach the account if you leave. If someone else built your site for you, ask them to give you owner access.

If there is a dispute about who owns or controls an account, site or web address, we may ask for proof, such as company records or written agreement between the people involved. Until it is settled, we may freeze the account or limit changes to it. We may give control to the person we reasonably believe is entitled to it, or follow a court order. We aren't responsible for deciding disputes between business partners, former staff or web designers, and you agree that we can act on the proof we receive.

If you sell your business, or if an account holder has died or can't act, contact us to arrange a transfer. We may ask for supporting documents.

If you build a site for a client, you must have their permission, you are responsible for what you do in the account, and you must hand over control when they ask you to or when your work ends.

5. What Kwickly provides

Kwickly lets you build a website from a design, change its words and photos, publish it, host it and receive messages through it. On the Business plan you can also take online bookings. The features of each plan are shown in the prices page of our website and in the app when you choose a plan.

Building a site is free. You need a paid plan to put it online and keep it online. Designs have a fixed structure. You can change the content and hide most sections, but you can't change how the design is built.

We may improve, change or remove features over time. If a change removes something important that you are paying for, we will tell you first, and you may stop your plan under section 15 if you don't accept the change.

If you make a free draft or preview and don't publish it, we may remove it if it stays unused for 12 months or more, or if it breaks these terms. We will email you first if we can.

There are reasonable limits on uploads and storage. If a site or account uses far more resources than a normal small business site, or puts Kwickly at risk, we may contact you, limit it or ask you to move to a more suitable service.

6. New and test features

We may offer features marked as beta, preview, test or similar. They may be less reliable than the rest of Kwickly, and we may change or remove them at any time. Please don't rely on them for anything important.

7. Plans, prices and tax

• Starter: R99 a month or R990 a year.
• Business: R199 a month or R1,990 a year.
• Your own .co.za address: an extra R25 a month.
• Your own .com address: an extra R35 a month.
• Premium design: R499 once, or R349 once on the Business plan.
• We build it for you: R1,499 once.

Plans are per site. All prices are in South African rand. If we are registered for VAT when we invoice you, the invoice will show the VAT. We will give you at least 30 days' notice before VAT first affects what you pay.

If we change a price, we will email you at least 30 days before it applies to you. If you don't accept it, you may stop your plan before the new price applies. If a price on our website is clearly a mistake, we will contact you before we charge it.

Any discount or special offer applies only as stated when we offer it. It may not be combined with another offer, has no cash value, and normally ends at the normal price unless we say otherwise.

There is no minimum period for a monthly plan. A yearly plan runs for 12 months from payment.

8. Invoices and payment

• Your first invoice is for the full monthly price, whatever day of the month you start. We don't charge for part months.
• Your first payment covers the month in which you pay. If you make it on or after the 25th of the month, it also covers the next month.
• After that, monthly invoices are issued on the 1st of each month.
• We email invoices with a pay link. You can pay by EFT using the details on the invoice. You can pay by card when we offer it.
• Card payments are handled by our payment provider through its secure payment page. We don't see or store your full card number.
• EFT payments count as paid once the money has reached our account and we have confirmed it. Use the reference on your invoice, so that we can match your payment.
• We don't use debit orders and we don't charge saved cards. You pay each invoice yourself.

Your site goes online after we have confirmed your first payment and your site has passed its pre-publish check.

9. Late and unpaid invoices

We send email reminders after an invoice's due date. If it is still unpaid 14 days after its due date, the site it belongs to will be paused, which means visitors can't see it. Your site comes back after the invoice has been paid. An unpaid invoice for one site doesn't pause another site that has been paid for.

You remain responsible for amounts you owe for a period in which we provided the service. While your site is paused, bookings and messages through it will stop. We aren't responsible for any loss this causes when the invoice was properly due.

10. Reversed and disputed payments

If you think an invoice is wrong, please contact us before asking your bank to reverse a payment, because we can usually fix it quickly. If a payment is reversed, charged back or fails after we have accepted it, the invoice counts as unpaid. We may then pause the site or stop the service until it is settled, and we may ask you to cover bank charges that we paid because of a reversal that wasn't justified. This doesn't limit your right to dispute a payment that you didn't authorise.

11. Premium designs

A premium design is a once-off payment for one site and one design. The price depends on the plan the site is on when the design is invoiced. You can try a premium design in the editor without paying, but it must be paid for before your site can go online with it.

Once paid, the design stays available on that site, even if you switch to another design and back. It can't be moved to another site. Moving to Business afterwards gives no money back.

If an invoice for a premium design isn't paid, we don't send reminders and your site isn't paused. The invoice is cancelled 14 days after its due date.

12. We build it for you

If you ask us to set up your site, we agree what is needed by WhatsApp or email and send you an invoice. You must give us your details, words and photos, and you remain responsible for checking that they are right before the site goes online. This is a once-off set-up. You still need a plan to keep the site online, and later changes are yours to make unless we agree otherwise.

13. Your right to change your mind

If you are an individual, including a sole proprietor using your own name, section 44 of the Electronic Communications and Transactions Act gives you seven days from the date of the agreement to cancel without giving a reason and without penalty. If you do, we will refund what you paid within 30 days. To use this right, email us or tell us by WhatsApp.

Under section 42 of that Act, this right can fall away for a service that has already started with your agreement, such as a site you have asked us to publish within those seven days. It doesn't apply to companies, close corporations, trusts or partnerships. It doesn't affect any other right you have in law.

14. Refunds

• We refund you if the law requires it, if you use your right in section 13, if you were charged by mistake, or if you paid an invoice that was already paid or cancelled.
• Apart from that, we don't refund a period you have already paid for or a premium design once your site is online with it.
• We don't refund money for a web address once it has been registered, because we can't take back the registration.
• Refunds go back the way you paid where possible. For EFT, we will ask for your bank details.

15. Stopping your plan

A monthly plan has no contract period. You can stop at any time in your account, or by contacting us. Your site stays online until the end of the time you have paid for.

A yearly plan can be stopped at any time and stays online until its 12 months end. If you are a consumer and the Consumer Protection Act gives you the right to cancel a fixed-term agreement early, you may do that on 20 business days' written notice, and we may charge a reasonable cancellation amount that the Act allows.

To delete a site that is online, or to close your account, contact us. We will explain what must be done first, such as ending the plan and dealing with any web addresses.

16. Web addresses

Your free address

Every published site can use a free yourname.kwickly.co.za address. This address stays part of Kwickly. You don't own it, it can't be transferred, and it stops working when your site stops. We may refuse or change an address that is misleading, offensive, reserved or that infringes someone's rights.

An address you buy through us

• We register your own .co.za or .com address in your name through our domain supplier, using details you give us. These details must be true, because the registry can cancel a registration based on false details.
• We can't promise that an address is available or that it will be registered within a set time. If we can't register it, we won't charge you for the extra, and we will refund what you paid for it.
• The address is yours. While your extra is active, we handle its renewal. If you stop the extra or your plan, you must move the address to another provider before the registration ends, and we will give you what you need to do that. If you don't move it, it may expire and someone else may register it.
• You must follow the rules of the domain registry. You are responsible for making sure that an address doesn't infringe a trade mark or someone else's rights. Disputes about an address may be decided under the registry's dispute process, and we will follow its decision.

An address you already own

If you connect an address you already own, it stays with your current provider. You are responsible for renewing it and for its settings. We show you the settings to add, but we can't control or fix your provider's service.

17. Your content and your site

Your content stays yours. You give us a non-exclusive, royalty-free licence to store, copy, resize, process, back up and display it, for as long as we need to in order to run Kwickly and your site.

We may show your business name and screenshots of your published site as an example of Kwickly on our website and marketing. If you don't want this, email us and we will stop using it in new material, and will remove it from our website. We won't use your customers' messages or bookings for this.

You are responsible for everything on your site, including what appears because you left it there. Designs start with example words, prices, hours, reviews and photos. You must replace or remove anything that isn't true for your business before your site goes online. By publishing, you confirm that what's on your site is true and that you may use it. The same applies to words or images you create with an AI tool or get from someone else.

You must also meet the laws and professional rules that apply to your business and its advertising. This includes rules for health practitioners, attorneys, estate agents and other regulated work, and the rules of the Consumer Protection Act. If your site takes messages or bookings, you must tell your customers how you use their details. You are also responsible for your site meeting any accessibility or sector rules that apply to you. We have no duty to monitor or review your site or your messages, and Kwickly doesn't give legal advice. If we do look at something, that doesn't mean we approve it.

Keep your own copies of your words and photos. We take care of the data we hold, but Kwickly isn't a backup service.

18. Your customers' information

When your customers send a message or make a booking through your site, you are the responsible party under the Protection of Personal Information Act (POPIA), and we are your operator. This means that:

• we process this information only on your behalf, to run your site and as these terms and our privacy policy describe, unless the law requires otherwise
• we treat it as confidential and keep appropriate security measures in place
• we use the service providers listed in our privacy policy, some of which are outside South Africa, and you agree to this
• if we have reasonable grounds to believe that this information has been accessed by someone who shouldn't have it, we will tell you without delay
• you must have a lawful reason to collect the information, must answer your customers' requests, and must not ask for sensitive information you don't need

Messages and booking emails can be delayed or fail, for example because of a wrong address or a spam filter. Keep an eye on your Kwickly dashboard, and don't use Kwickly as the only record of an appointment or an urgent request.

Bookings are between you and your customer. Kwickly doesn't take payments from your customers and isn't part of any deal between you and them.

19. What you may not do

You may not use Kwickly to:

• break any law, or help someone else to do so
• mislead, defraud or scam anyone, or pretend to be another person or business
• publish anything hateful, threatening, harassing, defamatory, sexually explicit or harmful to children
• sell or advertise illegal goods or services, or weapons, drugs, counterfeit goods, unlicensed gambling, unlicensed financial services, pyramid schemes or adult services
• run a website for a person or organisation that may not lawfully receive services under sanctions or similar laws
• infringe someone's copyright, trade mark, privacy or other rights
• send spam, or collect people's details without a lawful reason
• host phishing pages, or spread malware
• attack, overload or break into Kwickly or anyone else's system, or test Kwickly's security without our written permission
• copy, resell, reverse engineer or scrape Kwickly, or get around any limit or payment step
• use the Kwickly name or logo in a way that suggests that we endorse you, or register a name that looks like ours

We may remove content, or pause or close a site or account, if we reasonably believe that these rules have been broken, or if we must do so by law. Where we reasonably can, we will tell you first and give you a chance to fix the problem. If the problem is serious, urgent or illegal, we may act first and tell you afterwards. No refund is due if we close an account for a serious breach, unless the law requires it.

If your account or site has been hacked or is being misused, we may pause it to protect you, your customers or Kwickly until it is safe.

20. Reporting unlawful content or abuse

If you believe something on a Kwickly site is unlawful, infringes your rights or is a scam, email support@tjsoftwaresolutions.co.za and tell us:

• your name, address, phone number and email address
• the address of the page, and exactly what the problem is
• the right you say has been infringed, and your connection to it
• that you believe in good faith that your complaint is true and correct

We may share your complaint with the site's owner, so that they can respond. We may remove the content or pause the site while we look into it. We may close the accounts of people who repeatedly infringe the rights of others. If your content was removed and you think that was a mistake, tell us why and we will look at it again. Please don't send a false complaint, because you may be liable for the harm it causes.

If you find a security problem in Kwickly, please report it to the same address and give us a reasonable time to fix it before you share it.

We may share information with police, regulators or courts where the law requires it, or where we reasonably believe that it is needed to prevent harm or fraud.

21. Our rights

Kwickly's software, brand, designs, templates, written content and everything else we provide belong to us or to the people who license them to us. These terms don't transfer any of those rights to you. While you have a plan, you may use them as part of your Kwickly site.

You can't take your site's design or files to another host unless we have agreed to this in writing. Stock photos we supply can only be used as part of your Kwickly site. You may not download them to use or sell elsewhere. Your own content can always be taken with you.

If you suggest an improvement to Kwickly, we may use it without owing you anything.

22. Availability and third-party services

We provide Kwickly on an "as available" basis. We work to keep it and your site online, and we use reasonable skill and care, but we can't promise that they will always be available, free of errors or uninterrupted. We may need to take Kwickly offline for maintenance. There is no service credit for downtime.

Kwickly isn't made for emergencies or anything where a failure could cause harm. Don't rely on a contact form, booking or email for urgent medical, safety, legal or other emergency requests, and make sure that your site tells your customers how to reach you in an emergency.

Kwickly relies on other companies for things like hosting, email, payments and web addresses. Links, maps, WhatsApp buttons and other third-party services on your site are provided by those companies under their own terms. We aren't responsible for their failures, changes or outages, though we will try to help where we can.

23. What we don't promise

We don't promise that your site will attract any number of visitors, enquiries or customers, or that it will reach any particular place on Google or any other search engine. Kwickly gives your site a good technical start, but search engines make their own decisions. Nothing on our website is legal, tax or business advice.

24. Limits on our responsibility

This section limits our legal responsibility to you.

As far as the law allows, we aren't liable for:

• indirect, consequential, special or punitive loss
• loss of profit, income, business, opportunities, goodwill or data
• loss caused by downtime, paused sites, undelivered messages or missed bookings
• loss caused by your content, your staff, your customers or a third-party service

As far as the law allows, our total liability to you for all claims is limited to the fees you paid us for the affected site in the 12 months before the event that caused the claim.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for anything else that the law doesn't allow us to limit.

25. Your promise to cover certain losses

This section places a responsibility on you. You agree to cover us, and our directors, employees and contractors, against claims, losses and reasonable costs caused by your content, your site, your dealings with your customers, your breach of these terms, or your breach of the law or anyone's rights. This doesn't apply to the extent that the loss was caused by our own fault.

26. Your rights under the Consumer Protection Act

The Consumer Protection Act 68 of 2008 applies to some customers and not others. It generally applies if you are an individual, or a business with an asset value or annual turnover below the threshold set by the Minister, which is currently R2 million.

If the Act applies to you, nothing in these terms takes away a right it gives you, and any term that conflicts with the Act doesn't apply to you to that extent. You have the right to services performed with reasonable skill and care. If they aren't, you may ask us to perform them again or to refund a reasonable part of what you paid. We will not rely on any term that a court would treat as unfair, unreasonable or unjust.

27. Confidentiality

We each agree to keep the other's non-public information confidential, to use it only for the purpose of this agreement and to share it only with people who need it and must protect it. This doesn't apply to information that is already public, that was lawfully obtained elsewhere, or that must be disclosed by law. These duties continue for five years after our agreement ends. Personal information stays protected for as long as the law requires.

We may look at your account to give support, keep Kwickly secure, fix a problem, follow the law or check whether these terms have been followed. Our privacy policy explains how support access works.

28. When we may pause or end the service

We may pause or end your use of Kwickly if you don't pay, if you seriously or repeatedly break these terms, or if the law requires it. We may also stop offering Kwickly altogether. If we do, we will give you at least 30 days' notice where we can, and we will refund the unused part of any period you have paid for.

When your plan ends, your site goes offline and your published files may be removed. We aren't obliged to keep your content after that, so save anything you need before your plan ends. Our privacy policy explains how long personal information is kept. Sections that are meant to continue, including money owed, limits on responsibility, confidentiality and disputes, stay in force.

29. Changes to these terms

Small changes that don't affect your rights, like correcting a mistake, apply when we publish them. If a change affects your rights or what you pay, we will email you at least 30 days before it applies. If you don't accept it, you can stop your plan before it applies, and the old terms will apply until your paid period ends. The date of the latest version is at the top of this page.

30. Events outside our control

Neither of us is responsible for a failure caused by something genuinely outside our control, such as load-shedding or a national power failure, a network or undersea cable failure, a provider outage, a cyber attack we couldn't reasonably have prevented, a natural disaster, war, unrest or a government act. This doesn't excuse payment for services we have provided.

31. Complaints and disputes

If something goes wrong, please contact us first at support@tjsoftwaresolutions.co.za or on 064 556 7711. We will try to resolve it with you directly. We don't subscribe to a code of conduct or an alternative dispute resolution code, but this doesn't stop you from approaching the National Consumer Commission, the Information Regulator or any other body you are entitled to approach.

South African law applies to these terms. Subject to any right you have under consumer law, South African courts have jurisdiction over any dispute. Either of us may ask a court for urgent relief at any time.

32. General

• Whole agreement: these terms and our privacy policy are the whole agreement between us about Kwickly, and they replace anything said or written before. A change agreed specially between us must be in writing.
• If one part fails: if a court finds any part of these terms unenforceable, the rest continues to apply.
• Not enforcing a right: if we don't enforce a term straight away, we don't lose the right to do so later.
• Transfer: you may not transfer this agreement without our written consent. We may transfer it to a company that takes over Kwickly, and we will tell you if that happens.
• Notices: we send notices to the email address on your account. An email counts as received on the next business day, unless we learn that it wasn't delivered. Notices to us go to the email address below. Legal documents must be delivered to our physical address below.
• Electronic records: you agree that we can communicate with you and keep records electronically. Our records of invoices, payments and acceptance of these terms are proof of them unless shown to be wrong.
• Language: these terms are written in English. If we provide a translation, the English version applies.
• No partnership: nothing here makes either of us the other's partner, agent or employee.

33. Contact us

• Full name: TJ Software Solutions (Pty) Ltd, a private company registered in South Africa, trading as Kwickly
• Company registration number: 2026/087392/07
• Directors: Jaco van der Merwe and Tania van der Merwe
• Physical and postal address, and address for legal documents: 33 Sacharia Street, Centurion, 0152, Gauteng, South Africa
• Phone and WhatsApp: 064 556 7711
• Email: support@tjsoftwaresolutions.co.za
• Website: kwickly.co.za