This Refund Policy governs all web development and design services provided by Eghardt du Toit ("I", "me", "Service Provider") and is compliant with the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
Because I provide custom professional services — not off-the-shelf products — refunds are handled on a case-by-case basis in accordance with the principles set out below. Please read this policy carefully before engaging my services.
Web development is a custom service. Time, skill, and resources are invested from the moment a project begins. Unlike physical goods, completed digital work cannot be "returned." This policy reflects the legitimate business need to protect work already performed, while still honouring your rights as a consumer under South African law.
A deposit of 50% of the total agreed project fee is required before work commences. This deposit is non-refundable in all circumstances, including if the Client decides to cancel the project after work has commenced.
The deposit covers the time spent on discovery, planning, initial design, and early development work that is undertaken immediately upon project commencement. By paying the deposit, you acknowledge and agree that this amount is fair compensation for work that will already have been performed.
If a Client cancels a confirmed project before any work has commenced and before the deposit invoice has been paid, no cancellation fee applies. If the deposit has already been paid but work has genuinely not commenced, a refund of the deposit may be considered at my discretion.
If a Client cancels a project after work has commenced:
In terms of Section 54 of the Consumer Protection Act 68 of 2008, consumers have the right to receive services that are performed in a manner consistent with the agreement, with reasonable care and skill, using suitable materials and within a reasonable time.
If you believe the work delivered is materially deficient or does not meet the agreed specifications, you must:
Upon receiving a valid complaint, I will, at my election:
General dissatisfaction with design aesthetics or subjective preferences — where the work meets the agreed brief — does not constitute grounds for a refund. Change-of-mind refunds are not offered.
In terms of Section 44 of ECTA, consumers who enter into electronic transactions have the right to cancel the transaction within 7 days of the date of the transaction, without penalty, where the transaction involves the purchase of goods. This cooling-off right applies primarily to goods transactions and has limited application to bespoke professional services.
For the avoidance of doubt: because web development is a custom professional service commenced at the Client's express request, the Section 44 cooling-off period does not apply once work has commenced, in accordance with Section 44(2) read with the nature of bespoke service agreements.
Where I facilitate the setup of third-party services on your behalf (such as web hosting, domain registration, or software licences), any refunds for those services are subject to the refund policies of the respective third-party providers. I cannot issue refunds for costs already paid to third parties on your behalf.
To request a refund or raise a service complaint, please contact me in writing at eghardtdutoit@gmail.com with the following information:
I will acknowledge your request within 3 business days and aim to resolve the matter within 21 calendar days. If we cannot reach an agreement, you may refer the matter to the National Consumer Commission or a court of competent jurisdiction in South Africa.
If you are not satisfied with how I handle your complaint, you have the right to approach the National Consumer Commission (NCC):
For any questions about this Refund Policy, please contact me at eghardtdutoit@gmail.com.