Terms of Service

1. Who We Are

The Site is owned and operated by Balcon Webworks ("Balcon Webworks", "we", "us", or "our"), a web design and development business based in Johannesburg, South Africa. Balcon Webworks designs and builds websites for businesses of all sizes.

Balcon Webworks is an independent, unregistered business (operating as a partnership) and is not a registered company. "Balcon Webworks" is the trading name under which we operate.

• Trading name: Balcon Webworks
• Email: balconwebworks@gmail.com

2. Definitions

• "Site" means this website and all of its pages and content.
• "Services" means the web design, development, and related services offered by Balcon Webworks.
• "You" or "user" means any person who accesses or uses the Site.
• "Quote" means an estimate or proposal provided by us in response to an enquiry.

3. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that breaches any applicable law or regulation;
• Attempt to gain unauthorised access to the Site, its servers, or any connected database or system;
• Introduce any malicious code, viruses, or harmful material;
• Use the Site to transmit unsolicited or unauthorised advertising or spam;
• Copy, reproduce, or exploit any part of the Site for commercial purposes without our written permission.

We reserve the right to restrict or terminate your access to the Site if you breach these Terms.

4. Enquiries, Quotes, and Proposals

The Site allows you to submit an enquiry describing your website needs so that we can provide you with a quote.

• Submitting an enquiry does not create a binding contract between you and Balcon Webworks.
• Any quote we provide is an estimate based on the information you supply and is not an offer capable of acceptance unless expressly stated. Quotes may be subject to change following further discussion of your requirements.
• A binding agreement for Services only comes into effect once both parties have agreed to the scope, pricing, and terms in a separate written engagement or service agreement.
• The content, pricing, and availability of Services described on the Site may change at any time without notice.

5. Intellectual Property

5.1 Our content

All content on the Site — including the Balcon Webworks name, logo, text, graphics, layouts, and design — is owned by or licensed to Balcon Webworks and is protected by applicable intellectual property laws. You may not use, copy, or reproduce this content without our prior written consent.

5.2 Portfolio and client work

Examples of past work displayed on the Site remain the intellectual property of their respective owners and are shown for demonstration purposes. Ownership of any work produced for a client under a separate service agreement is governed by that agreement, not by these Terms.

6. Third-Party Links and Services

The Site may contain links to third-party websites or reference third-party services. We do not control and are not responsible for the content, policies, or practices of any third party. Accessing third-party links is at your own risk, and you should review the terms and privacy policies of any third-party site you visit.

7. Disclaimers

The Site and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no warranties or representations, express or implied, regarding:

• The accuracy, completeness, or reliability of any content on the Site;
• That the Site will be uninterrupted, secure, or free of errors or harmful components.

Any reliance you place on information on the Site is at your own risk.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Balcon Webworks and its partners shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with your use of, or inability to use, the Site — including loss of profits, data, or goodwill — even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under South African law.

9. Indemnity

You agree to indemnify and hold harmless Balcon Webworks and its partners from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms or your misuse of the Site.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA). Please review it carefully.

11. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.

13. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: balconwebworks@gmail.com