Tsala Media – Terms & Conditions

Effective Date: January 2025

These Terms and Conditions govern all services provided by Tsala Media (“we”, “our”, or “us”) including website development, hosting, domain management, digital media, and ongoing maintenance. By using our services, the client (“you”) agrees to these terms.

1. Scope of Services

Tsala Media provides website design, development, maintenance, hosting, domain registration, and other digital solutions. Specific deliverables, timelines, and fees are outlined in project proposals or quotations.

2. Payment Terms

A 50% deposit is required before development begins unless otherwise agreed. The balance is due upon completion of approved design and navigation, or within four (4) weeks after proposal submission, whichever occurs first. Delay in providing content or feedback does not delay payment obligations.

Invoices for hosting, maintenance, or digital services are payable upon receipt. Late payments may lead to suspension of services after 14 days and permanent removal after 30 days. Reactivation or re‑setup fees of a minimum of P1,000 apply.

3. Domain Registration and Hosting

Domain registration and hosting services are billed annually in advance. Registration grants you rights to a domain name, such as yourcompany.co.bw. Domains may be registered through Tsala Media or another provider, but we recommend managing them with us to ensure renewal and security. Domain and hosting fees are non‑refundable once activated.

Hosting includes server space, email accounts, bandwidth, and security tools. Projects involving custom code must be hosted on Tsala Media servers. If you choose another provider, this must be disclosed before development begins.

Hosting renews automatically each year unless Tsala Media receives written notice of cancellation at least fifteen (15) days before renewal. Cancellations or transfers requested later will not qualify for refunds.

4. Hosting Transfer and Cancellations

Clients may cancel hosting or maintenance with 30‑day written notice. Fees already paid are non‑refundable. Tsala Media can provide a downloadable copy of your website upon request for a service fee of P1,500. FTP access is not provided for security reasons.

5. Website Development Process

Our design and development process follows these phases: Homepage Design → Navigation Approval → Content Integration → Testing and Launch. Each phase must be approved by the client before moving forward.

Changes requested after approval are billable at our standard hourly rate. Clients are responsible for providing text and image content in digital form. Two rounds of revisions are included free of charge; additional revisions are billable.

6. Stock Photography and Third‑Party Products

Stock images purchased on your behalf are billed at a minimum of P150 per image. Some may cost more and will require prior approval. All costs for plugins, apps, or components purchased in foreign currency are billed using the FNB sell rate on the invoice date plus 8% to cover bank and exchange fees.

7. Maintenance and Support

Website maintenance is optional but recommended. It may include updates, backups, monitoring, and minor content edits. Support outside of maintenance contracts is billed hourly. Failure to pay maintenance fees within 14 days may result in suspension of services.

8. Training and Tutorials

We include one complimentary training session for websites with an admin panel or CMS. Additional sessions are available at standard hourly rates or under maintenance contracts.

9. Intellectual Property

All source code and proprietary systems developed by Tsala Media remain our intellectual property. Clients receive a license to use such code while hosted on our servers. Access to or transfer of proprietary source code is not permitted without written consent. Logos, text, and media provided by clients remain their property.

10. Sites Not Hosted by Tsala Media

If hosting is done externally, Tsala Media cannot guarantee functionality of scripts or applications. We will assist where possible, but troubleshooting on third‑party servers is billable.

11. Data Protection and Confidentiality

We comply with the Botswana Data Protection Act and relevant POPIA/GDPR standards. All client data is treated as confidential and will not be shared without consent. Clients are responsible for obtaining rights to all materials they supply.

12. Liability and Warranties

Tsala Media’s liability for any claim is limited to the total amount paid for the specific service. We do not guarantee uninterrupted access, and are not liable for indirect or consequential losses caused by downtime or third‑party failures.

13. Non‑Domain‑Based Troubleshooting

We maintain and troubleshoot websites and domain‑based email accounts we manage. We are not responsible for issues related to external internet providers, routers, or non‑domain email systems.

14. Termination

Either party may terminate this agreement with 30 days’ written notice. All completed work to date will be invoiced and payable upon termination. Outstanding invoices must be settled before data or content transfers.

15. Force Majeure

Neither party is liable for delays or non‑performance due to causes beyond reasonable control, including power outages, natural disasters, or internet failures.

16. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Botswana. Any disputes will first be addressed through good‑faith negotiation, and if unresolved, referred to arbitration in Gaborone.

17. Updates to Terms

Tsala Media reserves the right to amend these Terms at any time. The latest version will always be available on our website and will apply to new and ongoing services.