TERMS OF SERVICE

Effective Date: 2026-02-15
Last Updated: 2026-02-15

These Terms of Service (“Terms”) govern the provision of services by:

Casey Harper trading as Harper Interactive, a sole proprietor operating in Durban, KwaZulu-Natal, Republic of South Africa (“Provider”, “we”, “us”, “our”),

to any person, company, or entity engaging our services (“Client”, “you”, “your”).

By engaging our services, accessing our website, or making a payment for any service, you agree to be legally bound by these Terms.

1Definitions

• Agreement means these Terms and any signed service agreement.
• Services means website development, hosting, maintenance, support, consulting, and related services.
• Retainer Agreement means any separately signed recurring service agreement.
• CPA means the Consumer Protection Act 68 of 2008.
• POPIA means the Protection of Personal Information Act 4 of 2013.

2Eligibility

2.1 Services may only be purchased by persons aged 18 years or older.
2.2 Minors may access the public website, but may not purchase services.
2.3 By purchasing services, you warrant that you are legally competent to contract.

3Scope of Services

3.1 Services are provided as agreed in writing or in a signed agreement.
3.2 Any work outside agreed scope shall require written approval and may incur additional fees.
3.3 We reserve the right to decline work inconsistent with our technical, ethical, or legal standards.

4Hosting & Infrastructure

4.1 We provide hosting using third-party infrastructure providers.
4.2 We do not guarantee uninterrupted uptime unless expressly agreed in writing.
4.3 We may suspend hosting, domain management, DNS services, or email services where:

• Payment is overdue;
• Illegal activity is detected;
• Infrastructure is compromised;
• There is breach of these Terms.

5Prohibited Use

Clients may not use our infrastructure for:

• Illegal content or unlawful activities;
• Distribution of malware;
• Spam or unsolicited bulk communications;
• Adult or explicit content;
• Cryptocurrency mining;
• Excessive resource abuse;
• Any activity that compromises infrastructure stability.

We reserve the right to immediately suspend services without notice in such cases.

6Payment Terms

6.1 Fees are payable in advance unless agreed otherwise.
6.2 Late payments may attract interest at 2% per month or the maximum permitted by law.
6.3 We may suspend services for non-payment exceeding 15 days.
6.4 Chargebacks without lawful basis shall constitute material breach.

7Intellectual Property

7.1 All intellectual property remains the property of Casey Harper trading as Harper Interactive until full payment is received.
7.2 Upon full settlement, ownership transfers only as expressly agreed in writing.
7.3 We retain the right to use non-confidential work for portfolio purposes.

8Data Protection & POPIA

8.1 We process personal information in accordance with our Privacy Policy.
8.2 Where hosting client websites, we act as a data processor.
8.3 The Client remains responsible for compliance with applicable data protection laws in respect of its end-users.

9International Clients

9.1 Services are governed by South African law.
9.2 International clients agree to South African jurisdiction and arbitration provisions.

10Limitation of Liability

10.1 Liability is limited to the total fees paid in the preceding three (3) months.
10.2 We are not liable for:

• Indirect or consequential damages;
• Loss of profits or data;
• Third-party service failures;
• Cyber incidents beyond reasonable control;
• Force majeure events.

Nothing excludes liability where unlawful under South African law.

11Indemnity

The Client indemnifies and holds harmless the Provider against any claims arising from:

• Client content;
• Client misuse of services;
• Client breach of law;
• Third-party claims relating to hosted content.

12Termination

12.1 Either party may terminate in writing.
12.2 Outstanding amounts become immediately due.
12.3 Data transfer fees may apply.
12.4 Services may be suspended until all amounts are paid.

13Force Majeure

We shall not be liable for delays or failures caused by events beyond reasonable control.

14Dispute Resolution

14.1 Disputes shall first be resolved amicably.
14.2 Failing resolution, disputes shall be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA).
14.3 If arbitration fails, courts of KwaZulu-Natal shall have jurisdiction.

15General Provisions

• No partnership or agency created.
• Assignment prohibited without consent.
• Waiver must be in writing.
• Severability applies.
• Electronic acceptance is binding.

By engaging our services, you acknowledge and agree to these Terms.