Terms of Service

Effective Date: 20 March 2026

Last Reviewed: 21 March 2026

1. Preamble

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “the Client”), and Instabiz (Pty) Ltd, trading as InstaBiz (“we”, “us”, “our”, “the Company”), concerning your access to and use of the https://new.instabiz.co.za website and all related media, channels, applications, and services connected thereto (collectively, the “Site”), as well as all products and services undertaken by InstaBiz on your behalf.

By accessing the Site or purchasing any product or service from InstaBiz, you confirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree with any part of these Terms of Service, you must discontinue use of the Site immediately and refrain from purchasing any products or services.

These Terms of Service apply to all users of the Site and to all Clients who have accepted a quotation or purchased a product or service through the Site or through any other channel offered by InstaBiz.

Supplemental terms, policies, or documents posted on the Site from time to time are incorporated herein by reference. We reserve the right to amend these Terms of Service at any time. Changes will be indicated by updating the Effective Date of this document. Continued use of the Site following any amendment constitutes acceptance of the revised Terms of Service.

2. Definitions

For the purposes of these Terms of Service, unless the context clearly requires otherwise:

The singular includes the plural and vice versa.
A reference to any gender includes a reference to all other genders.
Headings are for convenience only and shall not affect interpretation.
The word “including” followed by specific examples shall not limit the meaning of the general wording preceding it.
Instabiz (Pty) Ltd — hereinafter referred to as the “Company”, “InstaBiz”, “we”, “us”, or “our”.
Client — the end user, purchaser, or any party entering into an agreement with InstaBiz.
Business Day — any day other than a Saturday, Sunday, or South African public holiday.
Business Hours — Monday to Friday: 08:00–18:00; Saturday: 08:00–16:00; Sunday: Closed.
Contract Year — each successive 12-calendar-month period during the term of an order, calculated from the Effective Date.
Effective Date — in respect of each order, the date stipulated in the order, or in the absence thereof, the date the order is accepted by us.
Order — an order placed through the Site or via a formal quotation, describing the specific products or services to be provided.
Our Technology — any technology created, acquired, or otherwise held by InstaBiz, including concepts, methods, processes, software, templates, frameworks, logic, and system designs.
Personnel — any director, employee, agent, affiliate, consultant, contractor, or other representative of InstaBiz.
Project Specifications — the documented requirements, scope, and deliverables agreed upon between InstaBiz and the Client for a specific project.
Required Documentation — all materials, content, images, text, and information necessary for the commencement and delivery of the agreed products or services.
Signature — a handwritten signature, advanced electronic signature, or electronic signature as prescribed in the Electronic Communications and Transactions Act 25 of 2002.
Site — InstaBiz’s website, subdomains, and subdirectories, the primary URL of which is https://new.instabiz.co.za.
Tax — any value added tax, income tax, pay-as-you-earn tax, stamp duty, tariff, levy, or other governmental charge payable in any jurisdiction.
CPA — the Consumer Protection Act 68 of 2008.
ECTA — the Electronic Communications and Transactions Act 25 of 2002.

3. User Representations

By using the Site, you represent and warrant that:

All registration information you submit is true, accurate, current, and complete
You will maintain the accuracy of such information and update it promptly as necessary
You have the legal capacity to agree to and comply with these Terms of Service
You are at least 18 years of age, or if a minor, you have obtained parental or guardian consent
You will not access the Site through automated or non-human means, including bots or scripts
You will not use the Site for any illegal or unauthorised purpose
Your use of the Site will not violate any applicable law or regulation

If any information you provide is found to be untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site.

4. User Registration

Certain areas of the Site may require registration. You agree to keep your password confidential and accept full responsibility for all activity conducted through your account. We reserve the right to remove, reclaim, or change any username that we determine, in our sole discretion, to be inappropriate, offensive, or otherwise objectionable.

5. Prohibited Conduct

You may not access or use the Site for any purpose other than that for which it is made available. As a user of the Site, you agree not to:

Systematically retrieve data or content from the Site to create a database, directory, or compilation without our written permission
Make unauthorised use of the Site, including collecting user data for unsolicited communications
Use the Site to advertise or offer to sell goods or services without our consent
Circumvent, disable, or interfere with security-related features of the Site
Engage in unauthorised framing or linking to the Site
Trick, defraud, or mislead us or other users
Make improper use of our support services or submit false reports of abuse
Engage in any automated use of the Site, including scripts, bots, scrapers, or data mining tools
Interfere with or disrupt the Site or networks connected to it
Attempt to impersonate another user or person
Use information obtained from the Site to harass, abuse, or harm another person
Use the Site for any revenue-generating endeavour in competition with InstaBiz without consent
Decompile, disassemble, or reverse engineer any software comprising the Site
Attempt to bypass any access restrictions on the Site
Upload or transmit viruses, malware, Trojan horses, or any other harmful material
Delete or alter any copyright or proprietary rights notice from any content on the Site
Use the Site in any manner inconsistent with applicable laws or regulations

6. Project Specifications and Quotations

All products and services are listed on the Site with pricing and descriptions.
Where a Client has materially different project specifications, the Client must supply full written specifications to InstaBiz for an accurate and binding quotation to be issued.
InstaBiz may assist the Client in preparing project specifications and may charge for this assistance at its discretion.
Quotations for custom projects are valid for 7 (seven) calendar days from the date stated on the quotation.
Quotations do not include domain name registration or monthly hosting fees unless expressly stated otherwise.
Expired quotations may be reissued at an additional fee at InstaBiz’s sole discretion.

7. Agreement and Acceptance

The Client acknowledges acceptance of these Terms of Service by purchasing any product or service through the Site or by accepting a quotation issued by InstaBiz.
Acceptance of a quotation is confirmed by payment of the required deposit as set out in Section 8 below.
Work on any quoted product or service will only commence once the deposit has been received and confirmed by InstaBiz.
InstaBiz commits to completing all products and services within the scope and timeframes indicated in the Project Specifications, subject to the terms of this agreement.
InstaBiz cannot be held responsible for delays beyond its reasonable control, including equipment failure, third-party hosting services, third-party software, internet connectivity, or force majeure events.

8. Deposits and Payments

Custom project work requires a 50% deposit payable prior to commencement. The deposit is non-refundable once work has commenced, except where InstaBiz is unable to deliver the agreed work due to circumstances within its control.
The remaining 50% balance is payable upon delivery of the completed project for Client sign-off.
Standard catalogue products and services (including hosting, domains, software licences, and courses) are payable in full upfront.
All work remains the property of InstaBiz until full and final payment has been received.
InstaBiz is not a registered credit service provider and does not extend credit facilities of any kind.
Invoices are emailed to the Client in accordance with these Terms of Service. Payments are allocated to invoices upon confirmed receipt of funds.

9. Required Documentation

The Client is responsible for supplying all Required Documentation electronically via the platforms provided by InstaBiz.
If the Client does not supply the Required Documentation within 20 (twenty) calendar days of the invoice date, the full amount of the agreement becomes immediately due and payable should the Client wish to continue.
If the Required Documentation has still not been provided within 45 (forty-five) calendar days of the invoice date, an additional continuation fee of 15% of the total quotation value will be billed monthly until the project is completed.

10. Completion Date and Additional Work

The completion date of a project is subject to receipt of full payment and all Required Documentation from the Client. Timeframes will be adjusted accordingly.
Additional work requested after the completion date of the original agreement will be quoted and billed separately in accordance with these Terms of Service.
Scope creep will not be tolerated. It is the Client’s responsibility to set clear goals, objectives, and specifications during the initial project negotiation.
InstaBiz may suggest additional work to enhance the Client’s project and reserves the right to provide such suggestions free of charge or by issuing a separate quotation.

11. Website Hosting via InstaBiz

Hosting is provided on a month-to-month basis and is payable upfront on or before the last business day of each month.
Hosting fees apply from the date of domain registration, transfer to InstaBiz hosting, or commencement of website development, whichever occurs first.
Disk usage in excess of the allocated hosting package will be charged at the applicable rate and invoiced to the Client’s account, payable within 14 (fourteen) calendar days.
Payments not received by the third day of each month will result in automatic suspension of the Client’s hosting service, which may deactivate the Client’s website. A reactivation fee of R100.00 will be charged to restore the hosting service.
Hosting fees outstanding for 3 (three) consecutive calendar months will result in irrevocable termination of the linked website. The Client’s domain registration remains active for the balance of the annual registration period, but no website software, design, or development work is recoverable after termination.
Domain names that lapse into a redemption period as a result of non-payment or non-renewal are subject to a redemption recovery fee charged by the domain registry. This fee, which may be substantial, will be passed on to the Client in full in addition to the standard renewal fee. InstaBiz accepts no liability for domain names lost due to non-payment or non-renewal by the Client.
InstaBiz makes use of industry-leading hosting infrastructure and cannot be held liable for downtime, data loss, or service interruptions arising from third-party server faults, hacking, technical errors, or electricity outages. InstaBiz will make every reasonable effort to resolve such issues promptly.
Should hosting be cancelled or terminated, the responsibility to migrate the website and its content rests with the Client. InstaBiz can manage the migration upon request and will issue a quotation for the time involved.
No notice is required to terminate hosting services with InstaBiz, provided all outstanding amounts have been settled prior to termination and release for transfer.

12. Website Hosting via a Third-Party Service Provider

Where the Client uses a third-party hosting provider, the Client enters into a direct agreement with that provider.
InstaBiz accepts no responsibility for the Client’s hosting, domain renewals, or email services via a third-party provider.
All technical queries relating to third-party hosting must be directed to the relevant provider.
InstaBiz may assist the Client with third-party hosting queries upon request and may charge for such assistance at its discretion.

13. Licensing

The Client retains the right to use InstaBiz’s technology indefinitely at no additional cost while hosted with InstaBiz.
Where the Client makes use of third-party hosting, continued use of InstaBiz’s technology is subject to payment of an annual licensing fee as quoted.
If the Client fails to pay or discontinues payment of the annual licensing fee, InstaBiz reserves the right to revoke some or all licences, which may render the Client’s website partially or fully non-functional.
A reactivation fee of R100.00 will be charged to restore revoked licences.

14. Cross-Platform Compatibility

InstaBiz designs websites to perform optimally across current versions of major browsers including Google Chrome, Firefox, Safari, Microsoft Edge, Opera, and Brave, and across common devices including desktops, laptops, tablets, and mobile phones. We cannot guarantee backward compatibility with outdated browser versions or legacy devices.

15. Search Engine Optimisation (SEO)

InstaBiz cannot guarantee specific search engine positions or website rankings. All websites developed by InstaBiz include standard SEO provisions, including Google Search Console submission, Google Analytics integration, meta tags, meta descriptions, and basic structural and content recommendations. Additional SEO services are available upon request and will be quoted accordingly.

16. eCommerce

InstaBiz specialises in eCommerce development.
We will load up to 3 (three) products on the Client’s website on the Client’s behalf as part of the standard project scope. The Client may load unlimited additional products subject to fair usage of their hosting package.
Should the Client require InstaBiz to load more than 3 products, a separate quotation will be issued accordingly.

17. Consultations

Telephonic, email, Zoom, and WhatsApp queries will be responded to free of charge for confirmed Clients.
Formal meetings and consultations may be charged at InstaBiz’s discretion in accordance with these Terms of Service and will be quoted and agreed to in advance where applicable.

18. Copyrights, Trademarks and Intellectual Property

The Site and all its contents, including source code, databases, software, designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the “Content”) are the proprietary property of InstaBiz or its licensors, and are protected by the Copyright Act 98 of 1978 and other applicable South African and international intellectual property laws.
The Content is provided for your personal, non-commercial use only. No part of the Site or its Content may be copied, reproduced, republished, uploaded, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without the prior written consent of InstaBiz.
You are granted a limited, non-exclusive licence to access and use the Site and to download or print Content solely for personal, non-commercial purposes, provided you retain all copyright and proprietary notices.
The Client must ensure they hold all necessary copyright and trademark rights for all material supplied to InstaBiz for use in any project.
InstaBiz and its personnel will not be liable for any copyright or trademark disputes arising from material supplied by the Client without appropriate rights.
If InstaBiz is notified that any Client-supplied material infringes third-party rights, the infringing content will be removed immediately and the Client will be billed for the removal.
Website designs created by InstaBiz remain the property of InstaBiz. The Client receives a right to use the design on one website only. Designs may not be resold or transferred to any third party.

19. Copyright Infringement and Takedown Notices

InstaBiz respects the intellectual property rights of others and complies with the provisions of Section 77 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) regarding the takedown of infringing content.

If you believe that any material on the Site infringes your copyright, please submit a written notification to hello@instabiz.co.za including the following:

Your full name, address, telephone number, and email address
A description of the copyrighted work you claim has been infringed
The URL or location of the allegedly infringing material on the Site
A statement that you have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law
A statement that the information in your notification is accurate and that you are authorised to act on behalf of the copyright owner
Your physical or electronic signature

Please note that submitting a false or misleading takedown notification may result in liability for damages. If you are uncertain whether material infringes your copyright, we recommend seeking legal advice before submitting a notification.

Counter Notification: If you believe material has been incorrectly removed from the Site, you may submit a written counter notification to hello@instabiz.co.za including your name, address, telephone number, a description of the removed material and its location before removal, and your physical or electronic signature. InstaBiz will restore removed material upon receipt of a valid counter notification unless the notifying party has filed a court action to restrain the infringing activity.

20. Graphic Images and Photographs

Unless otherwise specified in the Project Specifications or quotation, the Client is responsible for supplying all graphic images to be used in the project.
All graphic images, including artwork and logos, must be supplied in high-quality digital format as specified by InstaBiz.
All photographs supplied by the Client must be of high digital quality and in an appropriate format as confirmed by InstaBiz.

21. User-Generated Contributions

Where the Site permits users to submit, post, or publish content (“Contributions”), you represent and warrant that your Contributions:

Do not infringe any copyright, patent, trademark, trade secret, or other proprietary rights of any third party
Are not false, inaccurate, or misleading
Are not unsolicited advertising, spam, or chain letters
Are not obscene, offensive, harassing, or otherwise objectionable
Do not violate the privacy or publicity rights of any third party
Do not contain material that exploits or solicits personal information from minors
Do not violate any applicable law or regulation

You retain ownership of your Contributions. By submitting Contributions, you grant InstaBiz a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and distribute your Contributions in connection with the operation of the Site. InstaBiz is not liable for any statements or representations in your Contributions and reserves the right to edit, remove, or re-categorise any Contributions at any time without notice.

22. Reviews and Ratings

Where the Site provides areas for reviews or ratings, you agree that your reviews will be based on firsthand experience, will not contain offensive or discriminatory language, will not reference illegal activity, and will not include false or misleading statements. InstaBiz reserves the right to accept, reject, or remove any review at its sole discretion.

23. Social Media and Third-Party Accounts

Where the Site allows you to link your account with third-party social media accounts, you warrant that you are entitled to grant InstaBiz access to such accounts. InstaBiz makes no representation regarding the accuracy or legality of any social network content and is not responsible for content sourced from third-party accounts. You may disconnect any linked third-party account at any time through your account settings or by contacting us.

24. Third-Party Websites and Content

The Site may contain links to third-party websites or content not owned or controlled by InstaBiz. We do not investigate, monitor, or endorse third-party websites or content. Inclusion of any third-party link does not imply approval or endorsement. You access any third-party website at your own risk and subject to that website’s terms and conditions. InstaBiz accepts no responsibility for any loss or damage arising from your use of third-party websites or content.

25. Security

InstaBiz will not be held liable for viruses, hacking, malicious content, or security breaches pertaining to third-party applications or the Client’s website.
InstaBiz may suspend a domain at any time if viruses, malicious content, or security breaches are detected.

26. Site Management

InstaBiz reserves the right to monitor the Site for violations of these Terms of Service, take appropriate legal action against violators, restrict or limit access to any content or user, remove files that are excessive in size or burdensome to our systems, and otherwise manage the Site to protect our rights and ensure its proper functioning.

27. Service Agreement

Where the Client requests InstaBiz to access their website’s content management system, the Client indemnifies InstaBiz against any changes made by the Client or any third party to the website, including content changes, software updates, or loss of data.
InstaBiz commits to responding to any technical error within its reasonable control within a reasonable timeframe and resolving the matter as promptly as possible.

28. Breach and Termination

Either party may cancel this agreement in writing if the other party:

Fails to remedy a breach within 7 (seven) days of written notice to do so
Commits a material breach twice or more within any 6-month period
Becomes insolvent, is placed under administration, or takes steps to deregister
Makes a settlement or arrangement with its creditors
Fails to satisfy a court order in excess of R1,000,000 within 21 days

Upon cancellation, the non-defaulting party may claim specific performance, cancel the agreement immediately, and claim damages including any fees already due.

29. Cancellations and Refunds

Should the Client cancel a project at any time, all fees incurred to the date of cancellation will be calculated. Any amount exceeding the 50% deposit will be invoiced to the Client, payable within 14 (fourteen) calendar days of invoice date.
InstaBiz will only refund amounts paid for products or services not delivered in accordance with the original agreement.
Hosting and domain fees are non-refundable as these are paid in advance to third-party providers.
All refunds are subject to the Returns and Refunds Policy published on the Site.

30. Force Majeure

Neither party will be liable for any breach of this agreement caused by circumstances beyond its reasonable control, including flood, fire, earthquake, war, pandemic, government restrictions, industrial action, or acts of God. The affected party must notify the other party in writing immediately upon the occurrence of a force majeure event. If the force majeure event prevents a party from fulfilling a material part of its obligations for more than 60 days, the other party may cancel the agreement by written notice.

31. Legal Costs

Failure to comply with payment obligations under these Terms of Service may result in legal action. All legal costs arising from non-payment will be added to the Client’s outstanding balance and will be recoverable from the Client on an attorney-and-own-client scale.

32. Privacy and Data

InstaBiz is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Please review our Privacy & Cookie Policy for full details of how we collect, use, and protect your personal information. By using the Site, you agree to be bound by our Privacy & Cookie Policy.

The Site is hosted in the Republic of South Africa. If you access the Site from outside South Africa, you acknowledge that your data will be transferred to and processed in South Africa.

33. Electronic Communications and Signatures

Visiting the Site, sending emails, and completing online forms constitute electronic communications in accordance with ECTA. You consent to receive electronic communications from InstaBiz and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and records as provided for under ECTA and the Electronic Communications Act 36 of 2005.

34. Modifications and Interruptions

InstaBiz reserves the right to change, modify, suspend, or discontinue the Site or any of its contents at any time without notice. We will not be liable for any loss, damage, or inconvenience arising from your inability to access or use the Site during any downtime or discontinuance.

35. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. InstaBiz reserves the right to correct any such errors and to update information at any time without prior notice.

36. Limitations of Liability

To the fullest extent permitted by applicable South African law, InstaBiz shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including loss of profit, loss of revenue, or loss of data, arising from your use of the Site or any services provided, even if InstaBiz has been advised of the possibility of such damages.

37. Indemnification

You agree to defend, indemnify, and hold InstaBiz and its directors, employees, agents, affiliates, and partners harmless from any loss, damage, liability, claim, or demand, including reasonable legal fees, arising from your Contributions, your use of the Site, your breach of these Terms of Service, your violation of any third-party rights, or any harmful act directed at another user of the Site.

38. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of South Africa, with due regard to applicable conflict of law principles. By accessing the Site, you consent to South African law, including but not limited to:

Copyright Act 98 of 1978
Electronic Communications Act 36 of 2005
Electronic Communications and Transactions Act 25 of 2002
Consumer Protection Act 68 of 2008
Companies Act 71 of 2008
Protection of Personal Information Act 4 of 2013
Cybercrimes Act 19 of 2020

39. Miscellaneous

These Terms of Service constitute the entire agreement between you and InstaBiz regarding your use of the Site and supersede all prior agreements and understandings.
Our failure to exercise or enforce any right under these Terms of Service does not constitute a waiver of that right.
If any provision of these Terms of Service is found to be unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
There is no joint venture, partnership, employment, or agency relationship created between you and InstaBiz as a result of these Terms of Service.
InstaBiz may assign its rights and obligations under these Terms of Service at any time without notice.

40. Contact Us

For any questions, complaints, or requests for permission regarding these Terms of Service, please contact us:

Email	hello@instabiz.co.za
Telephone	+27 65 966 4042
Physical Address	Ashley Drive, Gillitts, Durban, KwaZulu-Natal, 3610

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