Terms & Conditions

Lubb supplies software: subscriptions to the Lubb platform and its add-ons, custom web and mobile development, website and storefront builds, hosting for what we build, source-code licences, business email and domain registration. The services you receive are the ones recorded in your order, quote or subscription. Lubb does not operate a telecommunications network and does not supply connectivity.

By agreeing to use our services you agree to our standard terms and conditions.

It is the client's responsibility to keep their contact details up to date. This is easily accessible via the Customer Portal.

When you place an order with Lubb, provided that your order is accepted by Lubb in accordance with its standard operating procedures, we will make every commercially reasonable effort to comply promptly with any supply and/or delivery requirements recorded in the order, but will not be liable to you or any other person in any matter whatsoever, insofar as the law allows, if the supply and/or delivery is delayed or cancelled.

To the extent allowed by law, Lubb will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):

• If the services are interrupted, suspended or cancelled for any negligent act or failure to act by Lubb, or for circumstances outside of the control of Lubb.
• As a result of a fault, defect or unavailability in any third-party platform, hosting provider, payment gateway, app store or other service Lubb depends on to deliver the services.
• If your access to, or use of, the services is suspended in terms of your contract.
• If Lubb does not suspend the provision of the services to you after you have specifically requested Lubb to do so.
• The loss or damage was caused by any negligent act or failure to act by Lubb, its employees or its agents.

To the extent allowed by law, where Lubb is liable to you for any reason, the cumulative maximum liability of Lubb to you for all claims, actions, demands and proceedings of whatever nature and however arising shall in total be limited to the total value of the charges actually paid by you to Lubb in terms of your contract.

To the extent allowed by law, in no event will Lubb be liable to you for any loss of profits, loss of goodwill, loss of business opportunities, business interruptions, loss or destruction of data, damage to data, or for any indirect, consequential, special or exemplary losses or damages of whatever nature and however arising.

Lubb shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). See our Privacy Policy for more details.

Unless otherwise noted, all prices on this web site include Value Added Taxes (VAT). Residents from outside the Republic of South Africa are exempt from South African VAT.

Lubb at its sole discretion, may choose to change the pricing and operation of this website at anytime without notice.

You will pay all the applicable charges due by you to Lubb at the rates detailed in the price list on the Lubb website and/or as per your plan's terms and conditions. These charges will take into account the following charges, including but not limited to: the charges applicable to your plan, monthly subscription, add-on and capacity charges, once-off project, setup or licence fees, usage charges, and/or VAT charges. Lubb may amend these charges from time to time upon reasonable notice to you.

In addition to any other amounts which are payable by you in terms of the contract, you are required to pay Lubb:

• The cancellation charges for early termination of your contract in the event that Lubb elects to cancel your contract as a result of a breach of contract by you.
• The cancellation charges for early termination of your contract by you should you elect to cancel your contract before expiry of the applicable period.
• A late payment fee of R50.00 inclusive of Value Added Tax ("VAT") if you fail to make payment of any amount by the due date for payment.
• If there is a plan migration by you, the current migration fee and/or administration fee for the migration as detailed in the price list on the Lubb website at the time of the migration.
• Legal costs of an attorney and own client scale, reasonably incurred by Lubb if Lubb takes any legal steps against you relating to your breach of your contract. You will also be required to pay reasonable collection costs.

Our payment terms are 15 (fifteen) days from the date of invoice and must be paid to Lubb at Lubb's premises or into the bank account of Lubb. The details of Lubb's bank account shall be detailed in each monthly bill which Lubb may send you. If payment is made by you via electronic means or any intermediary, your bankers or other intermediaries will act as your agents. You will be responsible for the payment until it has been received by Lubb.

Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client's profile. Should we receive no response with regard to outstanding invoices, the account will be handed over to our attorneys.

The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment. If your service is suspended due to non payment a re-connection fee of R75.00 will be imposed and will be billed immediately as a separate invoice. It is also the responsibility of the client to be in contact with Lubb to arrange for payment before the account is handed over.

Lubb bills pro-rata in advance and invoices are processed once a month, typically on the first working day of each month. Upon signing up with Lubb, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any invoices generated for add-on capacity such as SMS, AI credits or newsletter sends, as well as usage or overage invoices created for hosting. As all invoices are automatically e-mailed immediately after they are generated, it is the client's responsibility to contact Lubb should they have any queries relating to an invoice upon receipt thereof.

Lubb may set a limit on the amount of the total charges which you may incur in any month and may change this limit from time to time. The limit on your charges is determined by Lubb in accordance with Lubb credit-vetting criteria and you may request Lubb to disclose this limit to you. If your actual charges exceed the limit set by Lubb, you will still be required to pay these charges.

You may also request Lubb to set a limit on your behalf, although you will still be liable to Lubb if your actual charges exceed the limit, and in which case you will still be required to pay these charges.

We have a strict no refunds policy. If necessary, we may credit your account.

The provision of goods and services by Lubb is subject to availability. In cases of unavailability, Lubb will refund the client in full within 30 days. All software and licences remain the property of Lubb until paid for in full. Cancellation of orders by the client will attract a 10% administration fee.

• Subscriptions are still payable due to Act of God or Act of Government.
• A 30 day notification period is required for all cancellations (a full calendar month).
• Active subscriptions, even if not in use, are still payable until cancelled.

Lubb may at any time make changes or amendments to your contract, including all documents which form part of your contract; your plan's terms and conditions; the charges or prices listed by Lubb; and the limit of the usage charges set by Lubb.

Lubb will endeavor to give you at least 30 (thirty) days prior written notice (which includes notice by SMS) of any changes or amendments but is entitled to give you a shorter period of notice where this is reasonable in the circumstances or where it is necessary in order to comply with law.

All value added services are made available at the discretion of Lubb and Lubb may change, withdraw and substitute them at any time by giving you at least 30 (thirty) days prior written notice.

Lubb may without any liability suspend your access to the services if:

• Any modification, maintenance or remedial work must be undertaken in relation to the platform or the services. Lubb will use reasonable endeavors to reduce the period of the suspension and will endeavor to notify you of this suspension in advance. Lubb will not be required to notify you in advance when the work is required due to an emergency.
• You breach any term of your contract (including, but not limited to, when you fail to give to Lubb all necessary documents stated on the application form or if you do not pay Lubb any amount owing on a due date).
• You at any time exceed the limit of the total amount of charges which you may incur in any month, as Lubb may set, from time to time.
• Lubb is required to do so by law.
• Lubb is of the reasonable belief that you have fraudulently exploited the services.

Should you wish to cancel a subscription, you will have to send a cancellation email to helpdesk@lubb.co.za stating that you would like to cancel the service. The cancellation takes a month to finalise; in that month the service will still be active and will therefore need to be paid for.

Your Contract may be cancelled by you:

• At any time giving Lubb at least 30 (thirty) days' notice in writing (not by SMS) or in any other recorded manner and form. Cancellations before the 25th are processed at the end of the current month.
• At the end of the Initial Contract Period, by giving Lubb written notice (not by SMS) of cancellation before the end of the Initial Contract Period.
• At the end of a particular Contract Renewal Period where your Contract is continuing on a month-to-month basis by giving Lubb a written notice (not by SMS) of cancellation before the end of the relevant month.
• If Lubb is in breach of an obligation in your contract and fails to remedy the breach within 30 (thirty) days after receiving written notice from you identifying the breach.
• By notice in writing (not by SMS) to Lubb within 30 (thirty) days after Lubb has given you notice of changes or amendments that meet the conditions set out in the contract.

Without limiting any of Lubb's other remedies and rights against you, your contract may be cancelled by Lubb immediately on written notice to you:

• If you are in breach of your contract and you have failed to remedy that breach within 30 (thirty) days after Lubb has given you notice, provided that if the breach is not material, Lubb will only cancel your contract where this is reasonable to do so.
• If Lubb is of the reasonable belief that you have violated the terms and conditions of the services.
• If you are sequestrated, liquidated, placed under judicial management or business rescue, whether provisionally or finally, and whether voluntarily or compulsory.

If your contract is cancelled, you will be required to pay:

• The monthly subscription applicable up to the cancellation date, except that if the cancellation date is not at the end of a particular month, then the monthly subscription for that last month will be pro-rated.
• All the usage and capacity charges up to and including the cancellation date.
• Any once-off project, setup or licence fees already incurred, and any work completed but not yet invoiced.
• All other amounts which Lubb is entitled to charge you up to the cancellation date or for any failure to make payment.

Custom development work is done against a written scope and quote which is accepted before work begins. Anything not recorded in that scope is out of scope, and is quoted separately as additional work. Timelines given during a project are estimates made in good faith and are not guarantees.

Changes requested after a scope has been accepted are quoted as additional work and may move agreed delivery dates. Where a change is small enough to absorb, we will say so rather than raise a quote for it.

You warrant that any content, data, branding or third-party material you supply for use in a project is yours to supply, and you indemnify Lubb against claims arising from material supplied by you. Delays caused by outstanding content or approvals from your side move delivery dates accordingly.

Lubb retains all rights in its own platform, frameworks, tooling and pre-existing code, including any of it used to deliver your project. Rights in work produced specifically for you pass to you on payment in full, on the terms set out in your quote. Nothing in a project transfers ownership of the Lubb platform itself; a subscription is a right to use it, not a sale of it.

Where a product is sold as a source-code licence, the licence is once-off and non-exclusive and is granted for the entity named on the invoice, on the terms of the licence agreement supplied with it. Onward resale, sublicensing or redistribution of the source is not permitted unless agreed in writing. Deployment, handover and any support or update entitlement are only those recorded in the quote — a source licence does not include ongoing development.

Some services depend on third parties — hosting providers, payment gateways, messaging and email providers, AI providers, app stores and domain registries. Their terms, fees, availability and approval decisions are theirs, not ours. Lubb is not liable for a third party changing its terms or pricing, rejecting or removing an app, or suffering an outage, and any third-party fees are for your account unless the quote says otherwise.

Apps published to the Apple App Store or Google Play are subject to those stores' review processes and policies. Lubb will build to the published guidelines, but cannot guarantee approval, approval timelines, or continued availability once policies change. Where apps are published under your own developer accounts, keeping those accounts, certificates and agreements current is your responsibility.

Lubb's hosting services are governed by our Acceptable Use Policy (AUP). Our AUP states that none of the services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it.

Should any aspect of a client's website cause spam and disrupt the service to any of our other clients, we will immediately suspend the hosting services of the website responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.

Lubb reserves the right to charge a service fee for any changes or system corrections needed on servers, sites or domains owned by clients, when the changes or corrections needed are the result of changes made by the client.

Lubb reserves the right to charge a specialised IT support fee for any changes or system corrections needed on client systems, in the event of a request for full systems access by the client.

Lubb's servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws.

Examples of unacceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "IRC Bots", "Illegal MP3's" etc. We will be the sole arbiters as to what constitutes a violation of this provision.

Daily backups are made of the web files on our servers and they are available in the event that your site needs to be restored. Please note that we do not offer any backups for mails linked to the domain hosted with us and suggest that you always ensure a local copy. Any restore procedure undertaken will incur a cost at our current labour per hour rate. It is highly recommended that you also create a separate backup of all your DNS records, web files and mailbox content, to prevent loss of data as we do not guarantee backups.

No form of criminal activity will be tolerated on Lubb's systems. This includes hacking or phishing or trespassing on any person's system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Lubb for the information. Lubb, however, reserves the right to disconnect a user's system until such time as the investigation is completed.

If you want to transfer, move, or cancel a domain, the abbreviated procedure is as follows:

• Client submits cancellation request
• New domain registrar initiates transfer
• Lubb accepts transfer
• Domain is transferred

It is imperative that you contact your new host or registrar before transferring a domain away so that this entire process can be facilitated. The essence of transferring a domain away is that the new ("incoming") provider does most of the work. If the new provider does not pro-actively manage the transfer your domain might go into redemption and then get re-registered by another party.

If a client wishes to transfer a domain out of office hours, the following policy applies:

• The client must make sure the domain and all related services are paid up to date.
• The incoming provider must get confirmation in writing (email is fine) that the accounts department will accept the transfer.
• If the above procedure has not been followed; the after hours (emergency personnel) will be unable to help.

Please note that all outgoing domain transfers are automated. If your domain or any of the related services are not paid up to date the domain transfer will be automatically declined. Manual override can only be done during office hours.

Transfer tickets are only accepted once the cancellation for the specific hosting product has been requested online in the client area by the client, and in accordance with Lubb's 30 day notice period for service cancellations.

An email must be sent to helpdesk@lubb.co.za in order for our support team to deal with the issue effectively. The following response time periods are applicable with regards to our support structure:

• Within 24hrs – emergency issues affecting a live system
• Within 02 working days – standard support requests and configuration changes
• Within 04 working days – development changes and new work, once the quote is accepted

These times do not include weekends or public holidays.

Lubb does not bear responsibility for performance, stability or availability where software is run on infrastructure not supplied by Lubb, or where it has been modified by anyone other than Lubb. Where this is the case, Lubb reserves the right to charge for investigating and correcting the resulting issues.