WARRANTY & PERFORMANCE DISCLAIMER POLICY

UKUTHULA SALES SOLUTIONS

WARRANTY AND PERFORMANCE DISCLAIMER POLICY

Effective Date: 25 September 2026

Last Updated: 25 September 2026

Version: 2.0

1. Purpose of This Policy

1.1  This Policy explains what Ukuthula Sales Solutions ("Ukuthula", "we", "us") promises about the quality of our work, what we do if something we built does not work, and what we cannot promise, such as sales, leads or advertising results.

1.2  This Policy forms part of our Terms and Conditions, published at https://ukuthulasalessolutions.co.za/. Words with capital letters, such as "Client", "Order", "Services" and "Deliverables", have the meaning given in the Terms and Conditions. If this Policy and the Terms and Conditions conflict, the Terms and Conditions apply.

1.3  This Policy applies to Clients in South Africa, the United States and any other country.

2. What We Promise

2.1  We will perform the Services with reasonable skill and care, in line with generally accepted practice in web design and digital marketing, using people with suitable experience.

2.2  We will deliver the Services described in the Order, within the timelines in the Order where these are stated as fixed, unless a delay is caused by the Client or by events outside our control.

2.3  We will monitor and adjust the campaigns we manage as often as the Order states, and report on performance as the Order states.

2.4  Deliverables created by us will be our own original work or properly licensed, and will not knowingly infringe anyone's copyright.

3. Website Warranty

3.1  For 30 days after a website we built goes live (the "Warranty Period"), we will fix at no charge any defect that stops the website from working as described in the Order. Examples are broken links, forms that do not submit, pages that do not display correctly on current versions of Chrome, Safari, Edge or Firefox, and features in the Order that do not work.

3.2  The website warranty does not cover problems caused by:

(a) changes made to the website by the Client or anyone other than us;

(b) updates to WordPress, themes, plugins, hosting software or third-party services made after launch;

(c) hosting that is not managed by us;

(d) browser or device versions released after launch;

(e) content, images or information supplied by the Client;

(f) hacking, malware or security incidents that are not caused by our failure to take reasonable care; or

(g) requests for new features, design changes or content changes.

3.3  After the Warranty Period, fixes are covered by a maintenance plan if the Client has one, or billed at our hourly rate.

4. How to Make a Warranty Claim

4.1  Email [email protected] within the Warranty Period, or for other Services within 30 days after the work was delivered. Describe the problem, the page or system affected, and include a screenshot or screen recording where possible.

4.2  We will acknowledge your claim within 2 Business Days and tell you what we will do and when. We aim to fix critical problems (such as a website that is offline or a checkout that does not work) within 2 Business Days, and other problems within 10 Business Days.

4.3  Please give us reasonable access to the affected systems so we can investigate and fix the problem.

5. Remedies

5.1  If work we delivered does not meet clause 2 or clause 3, we will, at our choice:

(a) fix or redo the work at no charge; or

(b) if we cannot fix it within a reasonable time, refund the part of the fees paid for the defective part of the work.

5.2  This is the Client's main remedy for defective work, subject to clause 6 and to the Limitation of Liability clause in our Terms and Conditions.

6. Your Rights Under Consumer Protection Law

6.1  Our Services are supplied to businesses. Where a Client qualifies as a "consumer" under the South African Consumer Protection Act 68 of 2008 ("CPA"), nothing in this Policy limits the rights in section 54 of the CPA, including the right to services performed in the manner and quality that people are generally entitled to expect, and the right to ask us to fix the problem or refund a reasonable portion of the price.

6.2  Where the law of a US state or any other country gives the Client rights that cannot be excluded by contract, nothing in this Policy limits those rights.

7. No Guarantee of Results

7.1  We do not guarantee any specific result, including:

(a) the number or quality of leads, enquiries or bookings;

(b) sales, conversion rates, revenue, profit or return on investment;

(c) cost per lead, cost per click or other advertising costs;

(d) search engine rankings, including a first page or first position on Google;

(e) social media followers, reach or engagement; or

(f) that results will stay the same from month to month.

7.2  Any forecast, estimate or example of past results we share is our honest estimate based on the information we have. It is not a promise, and past results for other clients do not mean the Client will get the same results.

7.3  Google states that no one can guarantee a first position in Google search results. We agree, and we do not make that promise.

8. What Affects Results

8.1  Marketing results depend on many things we do not control, including:

(a) the Client's product or service, its quality, pricing and demand in the market;

(b) how fast and how well the Client follows up on leads, answers enquiries and closes sales;

(c) the Client's reviews, online ratings and reputation;

(d) the Client's staff, operations and ability to deliver what it sells;

(e) competition, economic conditions and seasonal demand; and

(f) changes made by Google, Meta, LinkedIn and other platforms to their algorithms, policies and advertising prices.

8.2  Results are strongest when both parties do their part. We are responsible for the quality of our work. The Client is responsible for its offer, its sales process and its customer service.

9. Client Responsibilities

9.1  The Client is responsible for:

(a) following up on and converting the leads our work generates;

(b) the quality of its products and services and the satisfaction of its customers;

(c) giving us accurate information, content and approvals on time; and

(d) telling us promptly about changes to its offer, prices, stock or capacity that affect campaigns.

9.2  If the Client does not follow our written recommendations, or delays approvals, we are not responsible for the effect this has on results.

10. Advertising Spend and Ad Accounts

10.1  Advertising spend is separate from our fees. The Client pays it directly to Google, Meta or the other platform, unless the Order says we pay it and bill the Client.

10.2  The Client must keep a valid payment method and enough funds in its advertising accounts. Platforms may charge the payment method at any time under their own billing rules.

10.3  We are not responsible for campaign interruptions, lost leads or lower performance caused by failed payments, insufficient funds, platform billing actions, ad rejections or account restrictions imposed by a platform, unless our own breach of platform policy caused them.

10.4  We are not responsible for money spent on advertising that performs poorly, provided we managed the campaign with reasonable skill and care and within the budget the Client approved. Platforms may spend slightly above daily budgets under their own rules.

10.5  If we make an error that causes spend above the budget the Client approved, such as entering the wrong budget, we will credit the Client with the excess spend caused by our error, up to the limit in our Terms and Conditions.

10.6  Some industries, including health, finance, housing and alcohol, face extra advertising rules on some platforms and in some countries. We will tell the Client about restrictions we know of, but platforms decide what they approve.

11. Third-Party Platforms and Products

11.1  Our work relies on third-party platforms and products, such as hosting providers, WordPress and its plugins, GoHighLevel, Google, Meta, email and SMS providers and payment gateways. We do not control them and we do not give any warranty for them.

11.2  Where a third-party product comes with its own warranty or support, we will pass on the benefit of it to the Client as far as the provider allows, and help the Client use it.

11.3  We are not responsible for outages, data loss, policy changes, price changes or account suspensions caused by third parties. We will help the Client resolve these within the scope of the Services.

12. AI Tools and Automations

12.1  Where the Services include AI agents, chatbots or automated workflows, these can make mistakes, give incorrect answers or stop working when a connected platform changes.

12.2  We will test automations and AI agents before launch and fix faults in our setup under clause 5. The Client should review the content and answers these systems produce, and must not rely on them for legal, medical, financial or safety advice to its customers.

13. Disclaimer of Other Warranties

13.1  EXCEPT FOR THE PROMISES IN CLAUSES 2 AND 3, AND TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS". WE GIVE NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT ANY WEBSITE, SYSTEM OR CAMPAIGN WILL BE ERROR-FREE OR UNINTERRUPTED.

13.2  Clause 13.1 does not limit any right that cannot be excluded by law, as set out in clause 6.

14. Limitation of Liability

14.1  Our liability for any claim relating to the Services, including under this Policy, is limited as set out in the Limitation of Liability clause in our Terms and Conditions.

14.2  We do not exclude or limit liability for fraud, wilful misconduct, gross negligence or anything else that cannot be limited by law.

15. Changes to This Policy

15.1  We may update this Policy by giving Clients at least 30 days written notice. Updates apply from the start of the Client's next Renewal Term or new Order, unless the Client agrees in writing or the change is required by law. The current version is published at https://ukuthulasalessolutions.co.za/.

16. Contact

16.1  Ukuthula Sales Solutions, Brits, North West, South Africa. Email: [email protected]. Phone: +27 63 260 2023. Website: https://ukuthulasalessolutions.co.za/