Terms of Service

1. Parties and Definitions

"Lohki", "we", "us", and "our" refer to Eric Lohler trading as Lohki, operating from Johannesburg, Gauteng, South Africa. Contact: [email protected]. Lohki is in the process of incorporating as a private company (Pty Ltd); these Terms will be updated to reflect the registered entity and company registration number upon incorporation.

"Client", "you", and "your" refer to the individual or entity that registers for and uses the Lohki platform and services.

The following definitions apply throughout these Terms:

Service

All services offered by Lohki, including website design and development, hosting, the client portal, the CMS add-on, and domain management.

Website

The completed website built by Lohki for the Client.

Platform / Client Portal

The online portal accessible at portal.lohki.co.za, through which clients manage their account, track their build, and access add-on services.

CMS / Website Management

The optional content management add-on that allows clients to self-edit defined sections of their website.

Domain

A registered internet domain name (e.g. yourbusiness.co.za) managed by Lohki on the Client's behalf.

Demo

The initial version of the Website presented to the Client for review and approval before payment.

Build Phase

The period between intake submission and the Client's approval of the Demo.

Go-Live

The deployment of the approved Website to its permanent hosting environment and custom domain.

Handover Package

A ZIP archive of all Website files provided to a Client who elects self-hosting or upon cancellation request.

These Terms constitute a binding agreement between Lohki and the Client from the date the Client creates an account or first uses the Service.

2. Services Offered

Lohki offers the following services:

• Website design and development — custom websites built from the Client's brief, available on monthly subscription plans for individuals, clubs and communities, and businesses. Custom-quote projects are also available.
• Managed hosting — websites are hosted on Cloudflare Pages, managed by Lohki, and included in the monthly subscription.
• Self-hosting option — clients may receive a Handover Package and manage their own hosting instead of Lohki-managed hosting.
• CMS add-on (Website Management) — an optional paid add-on that grants the client access to self-edit defined content sections of their website via the portal.
• Domain registration and management — Lohki registers and manages the client's domain as an additional paid service, billed separately from the website subscription.
• Client portal access — account management, build tracking, billing, and communication tools.

3. Subscription and Payment

3.1 Lohki operates on a monthly subscription model. Billing is processed via Payfast using recurring card charges. The subscription consists of:

• A once-off setup fee charged at the time of the Client's first payment, covering the build and launch of the Website.
• A recurring monthly fee covering managed hosting and platform access for as long as the subscription remains active.

3.2 Domain fees are billed separately from the website subscription and are non-refundable once the domain has been registered.

3.3 The CMS add-on is billed as a separate recurring Payfast subscription at the current published rate.

3.4 No refunds. All payments are final. The setup fee is non-refundable once the build process has commenced (i.e. once Lohki has reviewed the intake submission and begun work). Monthly subscription fees are non-refundable for the current billing period. Nothing in these Terms affects rights a Client may hold as a consumer under the Consumer Protection Act 68 of 2008, where applicable.

3.5 Failed payments. If a payment fails, Lohki will notify the Client by email immediately. The Client has 14 days from the failed payment date to update their payment method. If payment is not received within 14 days, the Website will be suspended. The Client's account and project files are retained during the suspension period in accordance with the data retention policy in Section 16.

3.6 Price changes. Lohki will provide at least 30 days' email notice before any price change takes effect. Clients may cancel their subscription within that 30-day window without penalty if they do not accept the new pricing.

4. Website Build Process

4.1 The Client completes the intake form via the portal, supplying all required information including business details, brand assets (logo, images, colours), and any content to be included on the Website.

4.2 Lohki builds a Demo for the Client's review. The Client will be notified via email and through the portal when the Demo is ready.

4.3 One (1) revision round is included during the Build Phase. The Client may submit a single set of revision notes; Lohki will incorporate these and present an updated Demo.

4.4 Additional revision rounds beyond the one included require a separate written quote and are subject to Lohki's availability.

4.5 The Client must approve the Demo before payment is processed and the Website goes live. Approval is indicated by proceeding to checkout via the portal.

4.6 The live Website is based on the approved Demo. During Go-Live, Lohki may make minor technical refinements and will apply SEO optimisation (meta tags, page titles, descriptions, structured data). These improvements are not considered departures from the approved Demo.

5. Client Content Obligations

5.1 The Client is responsible for supplying accurate, complete, and up-to-date information in the intake form, including all text content, images, logos, and brand assets required to build the Website.

5.2 The Client must provide content and respond to queries in a timely manner. While no strict deadline is imposed, unreasonable delays on the Client's part will delay the build and do not entitle the Client to a refund or to an extension of any free build period.

5.3 Lohki is not responsible for inaccuracies, errors, or omissions in content supplied by the Client.

6. Changes and Edits (Post-Launch)

6.1 No change requests are included in any Lohki plan.

6.2 Clients who subscribe to the CMS add-on (Website Management) may self-edit defined content sections of their Website — such as text, images, and other CMS-enabled fields — at any time via the portal.

6.3 For changes that fall outside the scope of the CMS (for example, structural layout changes, new sections, or new functionality), the Client may contact Lohki at [email protected] to request a quote. Such work is subject to Lohki's availability and a separate written agreement.

7. Intellectual Property

7.1 Completed Website: Ownership of the completed Website (its HTML, CSS, and content as delivered) vests in the Client upon receipt of full payment of the setup fee and any outstanding amounts.

7.2 Client content: All text, images, logos, and brand assets supplied by the Client remain the Client's property at all times.

7.3 Lohki's tools and know-how: All templates, build processes, methodologies, proprietary systems, and software tools used by Lohki to create the Website remain the exclusive property of Lohki and are not transferred to the Client.

7.4 The Client may not resell, sublicense, or commercially exploit any Lohki tool or template separate from the Client's own Website.

8. Client Content Warranties and Indemnity

8.1 The Client warrants that all content, images, logos, and materials supplied to Lohki are either owned by the Client or are properly licensed for use on the Client's website.

8.2 The Client warrants that the Website does not and will not infringe any third-party intellectual property rights, defamation laws, or other applicable laws.

8.3 The Client indemnifies and holds Lohki harmless from any third-party claims, costs, or damages arising from content supplied by the Client.

8.4 If Lohki receives a valid intellectual property infringement notice or is required to act by any competent authority, Lohki may take the affected content or Website offline without prior notice to the Client.

9. Domain Registration and Management

9.1 Lohki registers and manages the Client's domain as an additional paid service. Domain fees are separate from the website subscription and are non-refundable once the domain has been registered.

9.2 The Client is the beneficial owner of the domain. Lohki acts as registrar and DNS manager on the Client's behalf while the subscription is active.

9.3 DNS and domain settings are managed by Lohki during the active subscription period. The Client must not independently modify DNS settings without first informing Lohki.

9.4 On cancellation or termination: Lohki will initiate a domain transfer to the Client's chosen registrar within a reasonable time. The Client is responsible for completing the transfer and covering any associated registrar fees.

9.5 If the Client does not arrange a domain transfer within the 90-day file retention period (see Section 13), Lohki is not responsible for any domain lapse, loss, or third-party acquisition of the domain.

10. Hosting and Uptime

10.1 Websites are hosted on Cloudflare Pages, a third-party infrastructure provider.

10.2 Lohki makes no formal service level agreement (SLA) or uptime guarantee. Lohki will make commercially reasonable efforts to keep the Website available but accepts no liability for outages, disruptions, or data loss caused by Cloudflare, DNS propagation issues, or any other third-party infrastructure.

10.3 Scheduled maintenance may occasionally take a Website offline briefly. Lohki will endeavour to provide advance notice where reasonably possible.

11. Self-Hosting Option

11.1 Clients may elect to self-host their Website instead of using Lohki-managed hosting. In this case, Lohki provides a Handover Package (a ZIP archive of all website files) in lieu of ongoing hosting.

11.2 Once the Handover Package is delivered, Lohki's hosting obligation ceases entirely.

11.3 After electing self-hosting, ongoing support, content updates, and CMS access are not included and must be arranged under a separate written agreement with Lohki.

11.4 Domain registration, renewal, DNS configuration, and hosting infrastructure become the Client's sole responsibility after handover.

12. CMS Add-On (Website Management)

12.1 The Website Management (CMS) feature is an optional, separately billed monthly add-on subscription.

12.2 The CMS allows the Client to edit defined content sections of the Website (such as text, images, and other CMS-enabled fields) via the portal. The scope of editable fields is determined by the Website's build.

12.3 Content published via the CMS is subject to the same acceptable-use requirements as the original Website (see Section 15).

12.4 Lohki reserves the right to revert any CMS-published content that violates these Terms or any applicable law.

12.5 Cancellation of the CMS subscription: access ends at the close of the current billing period. The Website remains online and the content as last published is retained.

13. Cancellation by the Client

13.1 The Client may cancel the subscription at any time via the client portal. There is no minimum subscription term and no cancellation fee.

13.2 Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued.

13.3 On cancellation: the Website is taken offline. The Client's portal account is retained — the Client may log in at any time in the future to start a new website project.

13.4 File retention: Website files (HTML, images, and associated assets) are retained by Lohki for 90 days after cancellation. The Client may request a Handover Package in writing (email to [email protected]) at any time within this window. After 90 days, all files are permanently and irreversibly deleted.

13.5 Domain management ceases on cancellation (see Section 9). CMS subscriptions must be cancelled separately if active.

14. Suspension and Termination by Lohki

14.1 Lohki may immediately suspend or terminate the Service without notice for:

• Hosting, publishing, or transmitting illegal content
• Adult, explicit, or sexually explicit content
• Hate speech or content that violates the Promotion of Equality and Prevention of Unfair Discrimination Act
• Fraud, misrepresentation, or serious breach of these Terms
• Non-payment beyond the 14-day grace period

14.2 For minor or first-time breaches, Lohki will issue a written warning and provide a reasonable opportunity to remedy the breach before suspending or terminating the Service.

14.3 Lohki reserves the right to decline service to any prospective or existing client at its sole discretion.

14.4 On termination for cause: no refund of fees paid. Lohki may provide or withhold a Handover Package at its sole discretion.

15. Acceptable Use

The Website and the platform may only be used for lawful purposes. The following are expressly prohibited:

• Adult, explicit, or sexually explicit content of any kind
• Content that promotes, facilitates, or glorifies activities that are illegal under South African law
• Hate speech, discrimination on any grounds, or content that contravenes the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
• Impersonating another business, individual, or organisation, or misrepresenting the nature of the business
• Using Lohki's services to distribute spam, phishing content, malware, or fraudulent communications
• Any content that infringes third-party intellectual property rights

Violations may result in immediate suspension or termination of the Service.

16. Data Protection and POPIA Compliance

16.1 Lohki collects and processes personal information (name, email address, phone number, and business information) to provide and manage the Service. All personal data is processed lawfully in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

16.2 Payment information: Lohki does not store payment card details. All payment processing is handled exclusively by Payfast. Lohki retains only a subscription reference code for billing reconciliation.

16.3 Client data is not sold or rented to third parties. It is shared only with service providers strictly necessary to deliver the Service: Payfast (payment processing), Cloudflare (hosting), Google (analytics), and other essential technology providers.

16.4 Lohki's dual role under POPIA: Lohki acts as a Responsible Party when processing the Client's personal data to manage the account and deliver the Service. Lohki acts as an Operator when processing the personal data of the Client's website visitors (for example, contact form submissions) on the Client's behalf.

16.5 Client's obligation: Clients who collect personal information from their own website visitors (via contact forms or similar mechanisms) are Responsible Parties under POPIA. Such clients are responsible for maintaining their own privacy policy on their website and for processing visitor data lawfully.

16.6 Data retention: Account and project data is retained while the account is active and for 90 days following cancellation (website files). Billing and transactional records are retained for 5 years as required by South African tax and financial record-keeping obligations.

16.7 Client rights: Clients may request access to, correction of, or deletion of personal data held by Lohki by emailing [email protected]. Requests will be processed within a reasonable time.

16.8 Lohki maintains reasonable technical and organisational security measures to protect personal information from unauthorised access, loss, or disclosure. For full details, refer to our Privacy Policy.

17. Account Security

17.1 The Client is responsible for maintaining the confidentiality of their portal login credentials. All activity conducted under the Client's account is the Client's responsibility.

17.2 The Client must notify Lohki immediately at [email protected] if they suspect unauthorised access to their account.

17.3 Lohki is not liable for any loss or damage resulting from unauthorised account access caused by the Client's failure to keep their credentials secure.

18. Third-Party Services

18.1 The Service relies on third-party providers including Payfast, Cloudflare, Google, Railway, and others. These providers operate independently of Lohki.

18.2 Lohki is not liable for any disruptions, data loss, failures, or service changes caused by these third-party providers.

18.3 Each third-party provider's own terms and privacy policies govern their respective services.

19. Limitation of Liability

19.1 To the maximum extent permitted by South African law, Lohki's total liability arising out of or in connection with these Terms or the Service is limited to the fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.

19.2 Lohki is not liable for any:

• Indirect, consequential, incidental, special, or punitive damages
• Loss of revenue, profits, or business opportunities
• Loss of data or corruption of data
• Reputational damage
• Content inaccuracies, intellectual property issues, or legal claims arising from client-supplied materials

19.3 Nothing in these Terms limits or excludes liability for fraud, gross negligence, or any liability that cannot lawfully be excluded under South African law.

19.4 Nothing in these Terms limits or excludes any rights a Client may hold as a consumer under the Consumer Protection Act 68 of 2008, where that Act applies to the transaction.

20. Portfolio and Marketing Rights

20.1 By default, Lohki may showcase the Client's completed Website in its portfolio, case studies, social media, and marketing materials.

20.2 The Client may opt out at any time by sending a written request to [email protected]. Lohki will remove the Website from future marketing upon receipt of the request. Existing published materials (social posts, etc.) may not be retroactively removed.

21. Amendments to These Terms

21.1 Lohki may update these Terms at any time. Clients with active subscriptions will be notified by email at least 30 days before material changes take effect.

21.2 If a Client does not accept the updated Terms, they may cancel their subscription within the 30-day notice period without penalty.

21.3 Continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.

22. Dispute Resolution

22.1 The parties will first attempt to resolve any dispute in good faith through direct negotiation within 21 days of either party notifying the other of the dispute.

22.2 If the dispute remains unresolved after 21 days, either party may refer it to mediation before a mutually agreed, accredited mediator in South Africa.

22.3 If mediation is unsuccessful, the dispute will be referred to the courts of the Republic of South Africa with jurisdiction in Johannesburg, Gauteng.

22.4 These Terms are governed by the laws of the Republic of South Africa.

23. General

Entire agreement: These Terms, together with any written quotes or service agreements, constitute the entire agreement between Lohki and the Client and supersede all prior representations, understandings, or agreements.

Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Waiver: Lohki's failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision.

Force majeure: Lohki is not liable for any delay or failure to perform caused by events beyond its reasonable control, including load shedding, natural disasters, internet outages, cyberattacks, or government actions.

Age and capacity: The Client represents that they are at least 18 years of age and are legally authorised to enter into this agreement, either personally or on behalf of a business entity.

Notices: Formal notices under these Terms must be in writing and sent to the email addresses on record. Lohki's contact email is [email protected].