Last updated: 12 October 2026
This Agreement (“Agreement”) is a legal contract between you (“Client”, “you” or “your”) and Origin Digital Trading (Pty) Ltd (“Origin Digital”, “we”, “us” or “our”) for the services described below. By subscribing to or using our services, you agree to these Terms and Conditions.
Please read clauses 5 (Cancellation and Refunds), 8 (Backups and Your Data), 10 (Limitation of Liability) and 11 (Indemnity) carefully. They limit our responsibility to you and place certain risks and responsibilities on you.
1. About Us
- Legal name: Origin Digital Trading (Pty) Ltd
- Registration number: 2015/123173/07
- Physical address (for service of legal documents): 6 Ascot Road, Mill Park, Gqeberha, 6001
- Email: info@origindigital.co.za
- Telephone: +27 78 626 8589
- Website: origindigital.co.za
- VAT: Origin Digital is not registered for VAT. No VAT is charged.
2. Services Provided
a. Nextcloud Hosting: A hosted Nextcloud instance, including storage space, access to Nextcloud features and basic technical support.
b. Website Maintenance: Ongoing technical maintenance of your website. The tasks included in your plan are those listed in the plan description shown on our website when you subscribed, read together with Schedule A (What Website Maintenance Does and Does Not Include) at the end of these terms.
c. Work outside your plan’s scope is not included in your subscription. We will quote for it separately, and will only do it once you have accepted the quote.
3. Subscriptions, Billing and Payment
a. Billing in advance: Subscriptions are billed monthly in advance, in South African Rand. Your subscription renews automatically every month until you or we cancel it.
b. How billing works: Payments are processed securely by Payfast. Billing is managed by OriginSubs, a service of Origin Digital Trading (Pty) Ltd. Billing emails and receipts are sent by OriginSubs.
c. Prices: The price of your plan is the price shown on our website when you subscribed. We may change our prices by giving you at least [30] days’ notice by email before the new price applies. If you do not accept the new price, you may cancel before it takes effect.
d. Failed payments: If a monthly payment fails, we will notify you and may retry the payment. If payment is still not received, we may suspend the services until your account is brought up to date. Suspension does not cancel your subscription. See clause 14.
e. Chargebacks: If you dispute a payment with your bank, please contact us first so we can try to resolve it. While a chargeback is unresolved we may suspend the services.
4. Cooling-Off Period and Start of Services
a. Under section 44 of the Electronic Communications and Transactions Act, 2002, you may have the right to cancel an online purchase within seven (7) days of concluding the agreement, without reason or penalty.
b. By subscribing, you ask us to start providing the services immediately, before the seven-day period ends. You acknowledge that, under section 42(2)(d) of that Act, the cooling-off right does not apply to services that begin with your consent before the seven-day period ends.
c. If you cancel within the first seven (7) days and we have not yet carried out any maintenance work on your website or provisioned your Nextcloud instance, we will refund your first payment in full.
5. Cancellation and Refunds
a. How to cancel: You may cancel at any time, either yourself at originsubs.co.za/manage, or by emailing info@origindigital.co.za.
b. When cancellation takes effect: Cancelling stops all future payments. You keep the services until the end of the month you have already paid for, and they end then.
c. No partial refunds: Except as set out in clauses 4(c) and 5(d), we do not refund the current month or any part of it.
d. Our failure: If we materially fail to provide the services you paid for in a month and do not put this right within a reasonable time after you tell us, we will refund the fees for that month, or the affected part of it.
e. Handover: When your subscription ends, we will stop all maintenance work, and remove any monitoring and backup tools we installed if you ask us to. For Nextcloud Hosting, you must download your data before your service ends. We may delete it [30] days after the service ends.
6. Client Responsibilities
a. Access: You will give us the access we reasonably need to perform the services (for example, a WordPress administrator account and, where needed, hosting access). You warrant that you are authorised to give us that access.
b. Credentials: You are responsible for keeping your own passwords and accounts secure, and for telling us promptly if you believe they have been compromised.
c. Changes you make: If you, your staff or another provider change the website (for example by installing plugins, editing code or changing themes) and those changes cause problems, fixing those problems is outside the scope of your plan.
d. Hosting and licences: You are responsible for keeping your hosting account, domain name and any paid themes or plugins active and paid for, unless your plan states otherwise.
e. Your content: You are responsible for all content on your website and Nextcloud instance, and for ensuring it is lawful.
f. Acceptable use: You agree not to use the services for any illegal or unauthorised purpose. This includes, but is not limited to, distributing malware, phishing, sending spam, or infringing the intellectual property rights of others.
7. Security Monitoring and Compromised Websites
a. Security monitoring, updates and hardening reduce the risk of your website being hacked, but no service can eliminate that risk. We do not guarantee that your website will not be compromised.
b. If we detect, or you report, that your website has been compromised, we will notify you and take reasonable steps to contain the problem.
c. Full clean-up and restoration of a compromised website is [included in your plan only if the plan description says so / not included in any plan]. Otherwise we will quote for it separately. If the compromise was caused by our failure to perform the services, we will clean up and restore the website at no extra charge.
8. Backups and Your Data
a. Where your plan includes backups, we take routine backups as described in the plan. Backups are a safeguard, not a guarantee that every file or version can be recovered.
b. You remain responsible for your data. We strongly recommend that you keep your own regular, independent backups of your website and Nextcloud data, kept separately from our systems.
c. Subject to clause 10(d), we are not liable for data loss, corruption or unavailability, including where a backup fails or cannot be restored.
9. Third-Party Services
The services depend on third parties we do not control, including your hosting provider, domain registrar, WordPress, theme and plugin developers, Payfast, and infrastructure providers. Subject to clause 10(d), we are not responsible for their failures, outages, changes or security incidents. Where a third-party update causes a problem, we will make reasonable efforts to resolve it, for example by rolling the update back.
10. Limitation of Liability
a. Service “as is”: To the extent permitted by law, the services are provided “as is” and “as available”. We strive for high availability and security, but we do not guarantee uninterrupted, secure or error-free service.
b. Indirect losses: To the extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill, business opportunity or data, or losses caused by downtime or unavailability, whether in contract, delict (including negligence) or otherwise.
c. Maximum liability: To the extent permitted by law, our total liability to you for all claims arising from or connected with this Agreement will not exceed the fees you paid us for the affected service in the six (6) months before the event giving rise to the claim.
d. What we do not exclude: Nothing in this Agreement excludes or limits our liability for fraud, wilful misconduct or gross negligence, or any liability that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 2008, where it applies to you.
11. Indemnity
You agree to indemnify Origin Digital against any third-party claims, losses and reasonable legal costs arising from your content, your breach of this Agreement, or your unlawful use of the services, except to the extent the claim is caused by our own breach, negligence or misconduct.
12. Personal Information
a. We process your personal information as described in our Privacy Policy.
b. In providing the services we may have access to personal information stored on your website or Nextcloud instance, such as your customers’ details. For that information you are the responsible party and we act as your operator, as defined in the Protection of Personal Information Act, 2013 (POPIA). We will:
- process it only to provide the services, or as you instruct;
- keep it confidential and not disclose it except as required by law;
- maintain appropriate, reasonable technical and organisational security measures to protect it, as required by section 19 of POPIA; and
- notify you without undue delay if we have reasonable grounds to believe it has been accessed or acquired by an unauthorised person.
13. Intellectual Property
You own your website content, data and branding. We own our own tools, scripts, processes and know-how used to provide the services. Nothing in this Agreement transfers ownership of either party’s intellectual property to the other.
14. Suspension and Termination by Origin Digital
a. We may suspend the services if a payment is not received, if a chargeback is raised, or if we reasonably believe your use of the services is unlawful or puts our systems or other clients at risk. Where reasonably possible, we will notify you before suspending.
b. We may terminate this Agreement if you materially breach it and do not remedy the breach within [7] days of our written notice. We may terminate immediately for serious breaches such as illegal use, fraud or distributing malware.
c. We may also end a service for any other reason by giving you at least [30] days’ notice by email. In that case we will refund any fees paid for the period after the service ends.
15. Events Beyond Our Control
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including load-shedding or power outages, internet or hosting provider outages, cyber-attacks on third-party infrastructure, natural disasters, strikes or acts of government.
16. Changes to These Terms
We may update these terms from time to time. We will email you at least [30] days before material changes take effect. If you do not accept the changes, you may cancel before they take effect. Continuing your subscription after that date means you accept the updated terms.
17. Notices
We will send notices to the email address linked to your subscription. You may send notices to us at info@origindigital.co.za. Notices sent by email count as written notice under this Agreement. Formal legal notices may also be delivered to our physical address in clause 1.
18. Governing Law and Disputes
This Agreement is governed by the laws of the Republic of South Africa. If a dispute arises, please contact us first so we can try to resolve it in good faith. Any dispute that cannot be resolved will be decided by the courts of the Republic of South Africa. Nothing in this clause limits any right you have to approach a consumer protection body or tribunal.
19. General Provisions
a. Entire agreement: This Agreement, together with the plan description shown when you subscribed and our Privacy Policy, is the entire agreement between you and Origin Digital about the services. It replaces all prior agreements, oral or written, about the services.
b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
c. No waiver: If we delay or do not enforce a right under this Agreement, we have not waived it.
d. Assignment: You may not transfer this Agreement without our written consent. We may transfer it to a successor business by giving you notice.
Schedule A: What Website Maintenance Does and Does Not Include
Included (as set out in your plan description)
- Updates to WordPress core, themes and plugins
- Security monitoring
- Routine backups
- Any other tasks listed in your plan description
The frequency, number of hours or other limits that apply are those stated in your plan description.
Work hours are allocated per monthly billing period. Unused hours do not roll over to the next month and are not refundable.
Not included unless your plan description says otherwise
- Copywriting, photography and videography (content updates using material you provide are included within your plan’s monthly work hours)
- Design changes, redesigns or new features
- Full clean-up and restoration of a hacked or compromised website (see clause 7)
- Fixing problems caused by changes made by you or another provider (see clause 6(c))
- Purchasing or renewing paid theme or plugin licences, hosting or domain names
- Problems caused by your hosting provider, server configuration or outages
- Search engine optimisation, marketing or analytics work
- Email hosting or email deliverability
We are happy to quote for any of these separately.
