Terms of Engagement & Service Level Agreement
Governing The Local Lead Engine, The WhatsApp Boutique Store, Paystack Billing, and Monthly Maintenance Retainers
Last updated: 21 September 2026 • Ballito, KwaZulu-Natal
Parties & Statutory Authority (ECTA 25 of 2002)
This Master Service Agreement and Service Level Agreement (“Agreement”) is entered into between Samuel Ngandu trading as Digital Architect (“The Developer”), and the entity, individual, or representative engaging services (“The Client”).
Pursuant to Sections 22 through 26 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), submission of an intake brief, clearance of an initial deposit, or setup of a recurring card mandate via Paystack constitutes unconditional, binding acceptance of this Agreement.
1Core Engines & Scope of Deliverables
Digital Architect provisions, configures, and deploys high-speed web solutions derived strictly from our two proven architectural engines:
Engineered for trade contractors, emergency services, clinics, and professional consultants. Includes sticky contact bar, trust metrics, tap-to-call, sideways services carousel, reviews carousel, and direct WhatsApp quote routing.
Engineered for artisans, bakeries, bespoke leathercrafters, and boutique retail. Includes interactive drawer cart, real-time product search & category filters, delivery/collection selector, online checkout, and WhatsApp order alerts.
1.3 Single Configuration Invariant: Standard deployments are configured via the system's master configuration file. Bespoke architectural overhauls, custom database development, or third-party CRM pipelines are strictly out-of-scope and quoted separately.
2Commercial Engagement Models & Pricing
The Client engages Digital Architect under one of two distinct commercial models:
- Option A: Managed Partner Plan (Subscription Lease):
- Local Lead Engine: R350 per month (~$19 USD/mo).
- WhatsApp Boutique Store: R450 per month (~$25 USD/mo).
- Billed monthly in advance via automated Paystack card tokenization. Waives upfront build costs in exchange for a recurring service commitment. Includes edge hosting, SSL, and routine maintenance under Section 4.
- Option B: Once-Off Source Code Buyout:
- Local Lead Engine: R2,200 once-off (~$120 USD).
- WhatsApp Boutique Store: R3,200 once-off (~$175 USD).
- Settled via fifty percent (50%) initial sprint deposit and fifty percent (50%) upon staging approval. Grants outright code transfer. Hosting and ongoing maintenance are transferred to client responsibility.
3Paystack Recurring Mandate, Failed Payments & Deactivation
3.1 Card-on-File Mandate: By subscribing to the Managed Partner Plan, the Client explicitly authorizes Digital Architect and its PCI-DSS compliant payment processor (Paystack) to securely store their card token and debit the recurring monthly fee on the 1st day of each calendar month.
3.2 Automated Dunning: If a scheduled recurring charge fails due to insufficient funds, card expiry, or banking restrictions, Paystack will automatically retry the transaction across a seventy-two (72) hour window while notifying the Client.
If an outstanding monthly retainer remains unsettled for seven (7) calendar days following the due date, production DNS routing and hosting instance will be automatically deactivated.
A mandatory Reconnection Fee of R250 (~$14 USD), alongside settlement of all arrears, is required to restore DNS records and unpause live services.
3.4 Cancellation Notice: Managed Partner subscriptions may be cancelled by either party with thirty (30) calendar days' written notice prior to the next billing cycle. Fees paid in advance are non-refundable.
4Monthly Support Scope Ledger & Overage Billing
To guarantee extreme quality and defend our development velocity, the Managed Plan includes a strictly defined Maintenance Scope Ledger:
- • Global cloud edge hosting & automated SSL.
- • 99.9% uptime and infrastructure monitoring.
- • Up to 2 Minor Content Updates per month (maximum 15 minutes each; 30 minutes total).
- • Swapping text (operating hours, contact info, bio).
- • Updating up to 3 item prices or replacing up to 2 photos.
- • Layout redesigns, new page creation, or theme changes.
- • Writing new copy, marketing strategy, or SEO articles.
- • Graphic design, photo editing, or brand identity design.
- • Third-party corporate email troubleshooting (e.g. Outlook).
- • Phone consultations exceeding standard text briefing.
4.2 Use-It-or-Lose-It Invariant: Unused maintenance minutes do not roll over, accumulate, or convert to cash credit. The time bank resets to zero on the 1st of each calendar month.
4.3 Billable Overage Rate: Any requested work exceeding the thirty (30) minute monthly allocation or classified under Exclusions will be quoted and billed at our standard rate of R450 per hour (~$25 USD/hr), billed in thirty (30) minute increments. Overage invoices must clear via Paystack prior to work execution.
5Asset Delivery, Turnarounds & Deemed Acceptance
5.1 Asset Submission Clock: The Client must provide all required brand photography, phone numbers, and service/pricing details within fourteen (14) calendar days of brief confirmation.
5.2 24–48 Hour Preview Delivery: Turnaround windows commence strictly once the Developer confirms receipt of all required assets.
5.3 Consolidated Revision Round: The initial build includes exactly one (1) consolidated written revision list. All edits, text adjustments, or image replacements must be provided simultaneously. Fragmented, rolling feedback over multiple days is not accepted.
Upon presentation of the staging preview link, the Client has exactly seven (7) calendar days to submit their consolidated revision list.
If no written feedback is received within seven (7) calendar days, the project is legally deemed accepted and complete in full. For Once-Off builds, the final 50% balance becomes immediately due. For Managed Partner builds, monthly Paystack billing activates automatically.
6Intellectual Property: Commercial Lease vs Buyout
6.1 Managed Partner Plan (Commercial Operating Lease): The Client receives a non-exclusive, revocable commercial licence to operate the deployed web asset for as long as their subscription remains active and paid in full. The underlying codebase, proprietary components, configuration pipelines, and master templates remain the exclusive intellectual property of Digital Architect. Code export or repository access is not included.
6.2 Once-Off Buyout Plan (Ownership Transfer): Upon 100% cleared settlement of the R2,200 or R3,200 buyout invoice, Digital Architect executes a full repository and source code transfer, assigning all commercial usage rights of that specific build to the Client.
6.3 Portfolio & Demonstration Rights: Digital Architect retains the permanent right to display project screenshots, live preview demonstrations, and case study metrics across its commercial portfolio and pitch presentations.
7Communication Protocol & Operating Hours
7.1 Asynchronous Communication: To maintain maximum coding velocity, all communications, update requests, and asset handovers occur asynchronously via our official business WhatsApp (+27 72 450 7879) or email (digitalarchitect.za@gmail.com).
7.2 Operating Hours: Standard technical support operates Monday through Friday, 08:30 to 17:00 (SAST), excluding South African public holidays.
7.3 Weekend & Emergency Policy: Standard subscription plans do not include weekend telephone hotlines. Requests submitted outside operating hours are logged and resolved during the subsequent business sprint.
8Content Warranties, Indemnification & POPIA
8.1 Client Content Warranty: The Client warrants that all logos, trademarks, text, photographs, and media supplied are owned outright or lawfully licensed. The Client explicitly indemnifies and holds harmless Samuel Ngandu and Digital Architect against any copyright infringement claims or damages.
8.2 POPIA Compliance (Act 4 of 2013): The Client operates as the statutory “Responsible Party” for all client leads, inquiries, or transactions captured through their website. The Developer acts solely as a technical “Operator” provisioning infrastructure and accepts zero liability for how the Client manages end-user data.
9Limitation of Liability & Cloud Telemetry
9.1 Financial Liability Cap: To the maximum extent permitted by South African law, Digital Architect's aggregate liability for any disputes arising from this Agreement is strictly capped at the total amount actually paid by the Client in the thirty (30) days preceding the claim.
9.2 Third-Party Infrastructure Exclusions: The Developer is not liable for indirect damages or revenue loss caused by upstream telecom blackouts, DNS registrar propagation delays, or outages originating on third-party cloud edge networks (e.g. AWS, Cloudflare, Paystack).
10Governing Law & Jurisdiction
This Agreement is governed strictly by the laws of the Republic of South Africa. Any unresolved disputes shall be submitted to the exclusive jurisdiction of the Magistrates' Court of Ballito, KwaZulu-Natal.
Commercial Inquiries & Legal Notices
For SLA clarifications, Paystack billing questions, or commercial custom quotes, contact Digital Architect directly: