INKSNAPP PTY (LTD) & CLIENT COMPANY:

12-MONTH FIXED TERM SERVICE AGREEMENT & SERVICE LEVEL AGREEMENT (SA/SLA)

Executive Summary

This document constitutes the Fixed Term Service Agreement and Service Level Agreement exclusively for the provision of the PRO Fully Managed Website Hosting Package to the Client Company. The Agreement is designed as a Fixed Term contract spanning 12 months, commencing on the Effective Date. It incorporates the financial parameters of the 33% Black Friday Special, confirming a reduced initial and monthly rate, with the promotional pricing guaranteed until December 31, 2026. The Agreement confirms that all domain registration and renewal costs are fully integrated into the monthly hosting fee, ensuring a single, constant payment for the Client. Specialized clauses regarding pricing structure, the asset migration process, suspension protocols, and adherence to INKSNAPP’s specific Acceptable Use Policy (AUP) and South African legislation (POPI Act and CPA) are explicitly defined to protect both the Provider’s interests and the Client’s commercial assets. The associated Service Level Agreement (SLA) provides guaranteed response metrics commensurate with the Client Company’s E-commerce operation.

PART I: COMMERCIAL SERVICE AGREEMENT (SA) – FOUNDATIONAL TERMS

1. Introduction, Definitions, and Governing Documents

1.1. Identification of Parties, Scope, and Effective Dates

This Fixed Term Service Agreement (“Agreement” or “SA”) formalizes the relationship between INKSNAPP PTY (LTD) (CIPC Registration No. 2025/830596/07), acting as the Provider, and the Client Company, represented by the authorized signatory, the Client. This Agreement is exclusively for the PRO Fully Managed Website Hosting Package. The Client’s primary contact details will be recorded upon submission of this form.

The scope of this Agreement is the provision of the PRO Fully Managed Website Hosting Package, which is essential for supporting the Client Company’s primary operational goal of running a complex E-commerce store selling items ranging from kitchen ware to outdoor tools.[1, 1] The Agreement mandates a fixed contractual term of Twelve (12) calendar months. The contract commences on the Effective Date, October 30, 2025, and is scheduled to conclude on the Termination Date, October 29, 2026.

A critical component of this fixed-term structure is the stipulation regarding renewal and the promotional rate. The 33% Black Friday promotional discount applied to the monthly rate is guaranteed until December 31, 2026. Thereafter, the contract will automatically renew month-to-month, but the monthly fee will revert to the then-current standard, non-discounted PRO Package pricing (further detailed in Section 4.4). Non-renewal requires explicit written notice from the Client delivered at least thirty (30) days prior to the contract expiration date.

1.2. Key Contractual Definitions

To ensure clarity regarding the service obligations and assets under management, specific definitions are applied:

Service: Refers collectively to the provision of the PRO Fully Managed Website Hosting Package, encompassing all included resources (storage, mailboxes, and priority support) and the dedicated managed maintenance functions outlined in Section 2.¹
Client Data: This encompasses all data, content, files, and databases uploaded, generated, or stored by the Client Company or its customers. Given the nature of the Client Company’s business, this definition specifically includes high-value commercial assets such as product catalogues, customer records, inventory databases, and transaction data.¹
Fixed Term Price: The monthly fee of R201.00, which is guaranteed to remain stable for the 12-month duration of the initial fixed term due to the application of the promotional discount.¹
Prohibited Activities: Actions explicitly prohibited under INKSNAPP’s Terms of Service (ToS) Section 5. This includes, but is not limited to, unauthorized access, hosting illegal content, and the specific moral and religious content restrictions detailed in ToS Section 5(f) and 5(g).¹

1.3. Incorporation of Governing Documents

This SA, along with the integrated SLA, relies upon and incorporates all provisions within the official INKSNAPP policy documents. The Client confirmed reading and accepting these policies during the initial sign-up process.¹ The incorporated documents include the INKSNAPP Terms of Service (ToS, Last Updated: October 23, 2025) and the INKSNAPP Privacy Policy, which is designed for compliance with South Africa’s Protection of Personal Information Act (POPI Act).[1, 1]

2. Scope of PRO Managed Hosting Services

2.1. Service Delivery and Functional Requirements

INKSNAPP is obligated to deliver the PRO Fully Managed Hosting Service, which has been selected specifically to accommodate the Client Company’s complex E-commerce needs. The PRO Package is clearly marketed as having No Exclusions regarding E-commerce functionality.¹ This ensures full compatibility with the Client’s requirement for a functional online store and a secure, proprietary administrative backend page necessary for item upload, editing prices, and inventory control.¹

2.2. PRO Package Technical Specifications

The PRO Package provides a high level of dedicated resources and service benefits that distinguish it from standard offerings.¹

Table 2.2: PRO Fully Managed Hosting Service Specifications

Feature Category	PRO Package Specification
Core Hosting Type	Fully Managed Hosting (INKSNAPP Manages Everything)
Primary Use Case	E-commerce Ready (No Exclusions for complex features)
Storage	Custom Ultra-Fast NVMe SSD Storage
Pages/Content Capacity	Unlimited Pages
Email Services	150 Mailboxes
Support Level	Priority Support

2.3. Website Design, Approval, and Maintenance Scope (ToS Section 4 Integration)

While the PRO Package offers capacity for Unlimited Pages ¹, this specification refers to technical hosting capacity and not unlimited development labor. To maintain operational efficiency and protect the scope of work, ongoing development and maintenance are subject to the defined limits within the Terms of Service.¹

Initial Design & Approval: The initial professional design is included in the monthly subscription. The design must align with the Client’s stated preferences for ease of browsing and the use of blue, gold, and black colors, aiming for a look and feel similar to established competitors like Amazon and Takealot.¹ Upon presentation of the initial design, the Client is afforded a seven (7) calendar day review period. Formal approval of the website design is automatically granted if this 7-day period lapses without the Client submitting any requests for revision.¹
Post-Approval Development Limit: Standard maintenance covers routine updates (text, image replacement). However, significant structural changes are restricted. The adding and creation of one (1) additional page, or significant updates to the layout and content of a single existing page, is permitted once every year.¹
Custom Request Limit: Requests that necessitate custom code, unique development, or complex functionality outside the routine maintenance scope are strictly limited to three (3) special requests per year.¹
Re-design Fee Enforcement: The contract enforces a crucial boundary between standard maintenance and a major structural overhaul. Should the Client request a Re-design—defined as a significant alteration to the core structure, branding, or overall aesthetic—after the initial 7-day approval period has concluded, a separate, non-refundable Re-design Fee of R500.00 will be levied.¹ This fee ensures that the Provider’s development resources are appropriately compensated when scope expansion is requested beyond the agreed maintenance limits.

3. The Value Proposition: INKSNAPP as Your Fully Managed Partner

The PRO Package selected by the Client Company is a Fully Managed Website Hosting service. This means INKSNAPP acts as the client’s dedicated, always-on IT partner, responsible for all technical aspects of website operation and security. This removes the operational burden from the Client, allowing them to focus entirely on their E-commerce business.

The service is built on the following core pillars:

Security: The Digital BodyguardThis is the #1 reason to have monthly maintenance. The internet is full of automated bots constantly trying to break into websites.
- Software Updates: WordPress core, themes, and plugins release updates frequently. Many of these updates patch critical security holes. Your IT guy (INKSNAPP) applies these updates in a controlled way to ensure they don’t break your site.
- Malware Scanning & Removal: INKSNAPP runs regular scans to look for viruses, malicious code, and other threats that could deface your site, steal customer data, or get you blacklisted by Google.
- Firewall Management: INKSNAPP manages a security firewall that acts as a bouncer, blocking suspicious traffic and hack attempts before they can even reach your site.
Backups: The “Undo Button” for DisastersIf something goes horribly wrong (a hack, a bad update, you accidentally delete a page), a backup is your only way out.
- Automated Backups: INKSNAPP ensures backups of your entire website (files and database) are running automatically and reliably.
- Off-Site Storage: INKSNAPP stores these backups in a separate, secure location (not on your same hosting account), so if the host has a major failure, your backups are safe.
- Tested Recovery: INKSNAPP will periodically test that the backups actually work by restoring them to a test environment.
Performance: Keeping Your Site FastA slow website loses visitors and hurts your Google ranking.
- Performance Monitoring: INKSNAPP checks your site’s speed and identifies what’s slowing it down.
- Optimization: INKSNAPP performs tasks like cleaning up the database (deleting spam comments, post revisions), optimizing images, and ensuring caching is working properly to make pages load faster.
“Under the Hood” MaintenanceThese are technical chores that keep the engine running smoothly.
- Uptime Monitoring: INKSNAPP uses tools to get an alert immediately if your site goes down, so they can fix it before you even notice.
- Link Checking: INKSNAPP checks for broken links (which create a poor user experience and hurt SEO) and fixes them.
- Spam Management: INKSNAPP cleans out spam comments from your contact forms and blog posts.
Support & Reporting: Your Peace of Mind
- Small Changes & Support: The managed plan includes support for small tasks. This could be adding a new team member photo, changing text on a page, installing a new plugin, or helping you with a problem.

4. Pricing, Billing, and Fixed Term Commitment

4.1. Calculation of Fixed Term Fees (33% Black Friday Special)

The pricing structure for the Fixed Term is derived from the minimum standard rate of R300.00 per month for the PRO Package ¹, adjusted by the 33% Black Friday promotional discount, which is guaranteed until December 31, 2026. The Setup Fee is a one-time, non-recurring charge separate from the 12-month hosting subscription fees.

The discount calculation results in a R99.00 reduction (33% of R300.00).

Fixed Term Price (Monthly): R300.00 (Standard) – R99.00 (Discount) = R201.00/month.
Upfront Setup Fee (Once-Off): The setup fee, which is normally R300.00 or more, is also discounted by R99.00, resulting in a required upfront payment of R201.00 (Once-Off).¹

Table 4.1: 12-Month Contract Pricing Summary (Client Company PRO Package)

Item	Original Standard Price (R)	Discount Applied (33%)	Fixed Term Price (R)	Billing Cycle
PRO Managed Hosting (Monthly Rate)	R300.00 (Base Minimum)	R99.00	R201.00	Monthly
Upfront Setup Fee (Original R300+)	R300.00 (Base Minimum)	R99.00	R201.00	Once-off (Effective Date)
Primary Domain Registration (.com)	N/A	Included in PRO Package (See 5.1)	N/A	Monthly (Included)
Total Upfront Payment Due (Effective Date)	R400.00	N/A	R402.00 (Setup + First Month)	Once-off
Total Contract Value (Fixed Term, Hosting Fees Only)	R3,600.00	R1,188.00	R2,412.00	12 Payments

4.2. Billing and Payment Terms

The monthly Fixed Term Price operates on a “pay-before-use” model, similar to rent, ensuring the Client is always paid ahead for the upcoming service period and never owes for past services.

The first invoice, due immediately upon contract execution on October 30, 2025, will include two components: 1) the discounted Upfront Setup Fee of R201.00, and 2) the first monthly Fixed Term Price of R201.00 (which covers the hosting service for the period of November 1, 2025, to November 30, 2025).

Subsequent monthly payments of R201.00 are due on the 30th day of the preceding month (e.g., payment due November 30, 2025, covers the service period of December 1, 2025, to December 31, 2025), and continue monthly thereafter. The Client may utilize manual payment methods such as EFT, Yoco Pay Links, or in-person card machine payments, while acknowledging the forthcoming integration of an automated Recurring Card Payment (RCP) system.¹

4.3. Late Payments and Service Suspension Protocol

Strict adherence to payment deadlines is required. If any payment is late or rejected, INKSNAPP reserves the right to immediately suspend the Service, as mandated by ToS Section 7.¹ Suspension includes the following specific and severe consequences designed to prompt timely payment for an E-commerce operation: the 150 email services associated with the hosting package will be deactivated, and the hosted website will be immediately replaced by a prominent INKSNAPP notification or pop-up screen covering the entire site, indicating suspension due to non-payment.¹ Importantly, suspension does not relieve the Client of the ongoing obligation to pay accrued fees.¹

4.4. Post-Fixed Term Renewal Pricing

It is formally established that the 33% Black Friday Special is guaranteed until December 31, 2026. Upon the first renewal on January 1, 2027, the contract will automatically convert to a month-to-month agreement, and the monthly hosting fee will automatically revert to the prevailing standard, non-discounted PRO Package rate (currently R300.00/month minimum, subject to INKSNAPP’s right to adjust pricing with 30 days notice).¹

5. Domain Registration and Management

5.1. Domain Registration Inclusion

The PRO package automatically includes the annual registration and management fees for one primary domain, ensuring a constant monthly fee structure as requested by the Client. This is applied to the domain: new-domain.com. The cost for this domain is integrated into the monthly R201.00 Fixed Term Price, guaranteeing the Client a single, predictable recurring payment that includes the domain registration and all subsequent annual renewals for the duration of the contract, and subsequent renewals thereafter, unless the service package is downgraded.¹

5.2. Domain Ownership and Transfer

The Client Company is acknowledged as the sole legal registrant and owner of all domain names registered under this Agreement. INKSNAPP acts solely as the technical facilitator for registration and renewal. Crucially, the website itself cannot be migrated within the first 12 months of paid subscription if the Client is unsatisfied with the service. Only the domain name can be transferred away, which is permitted after three (3) months of paid subscription. However, the facilitation of any domain transfer to an external registrar upon termination of the hosting service is conditional upon the Client having fully settled all accrued fees and outstanding charges related to the account.¹

6. Client Obligations, AUP, and POPI Act Compliance

6.1. Compliance with Acceptable Use Policy (AUP) and Moral/Religious Clause

The Client warrants that all hosted E-commerce content, including product inventory, descriptions, and user-generated content, will strictly comply with the INKSNAPP ToS Section 5.¹

The Client is required to provide explicit, non-revocable acknowledgement of the high-risk provisions concerning content standards, specifically ToS Section 5(f) and 5(g). This clause reserves INKSNAPP’s right to terminate service immediately if the hosted content is deemed contrary to the Provider’s core moral and religious values, including, but not limited to, pornography or sexually explicit material.¹ Breach of this specific clause grants INKSNAPP the right to immediate and un-notified suspension or termination of service without liability, emphasizing the contractual weight of this policy.¹

6.2. POPI Act and Data Processing Responsibilities

As an E-commerce entity, the Client Company necessarily processes the Personal Information (P.I.) of its customers (e.g., payment, shipping, and contact details). Adherence to the Protection of Personal Information Act (POPI Act) ¹ is therefore mandatory, requiring clear delineation of data roles:

Client Company as Responsible Party: The Client determines the means and purpose for processing its customers’ P.I. The Client Company is therefore the “Responsible Party” under the POPI Act and bears sole liability for the lawful collection, securing of consent, and processing of this consumer data.¹
INKSNAPP as Operator: INKSNAPP acts exclusively as the “Operator,” providing the secure hosting environment and processing data strictly on behalf of the Client. INKSNAPP’s legal responsibility is limited to maintaining the security safeguards defined within its Privacy Policy.¹ This clarifies that liability for customer-side data breaches or POPI non-compliance rests primarily with the Client Company.

7. Asset Migration, Data Ownership, and Termination Protocol

7.1. Initial Data Migration and Security

The Provider is responsible for the technical configuration of the PRO package, including installing the necessary E-commerce architecture and provisioning the secure, proprietary administrative backend page that the Client requires for inventory management.¹

7.2. Critical Clause: Client Backup Obligation and Liability

A key contractual requirement derived from the Terms of Service (ToS Section 8) is the acknowledgment that INKSNAPP is not liable for any data loss, corruption, or inability to access data stored on the Services, regardless of the cause.¹ Given the high commercial value of E-commerce Client Data, the Client retains the fundamental and non-negotiable responsibility for maintaining complete, independent, and verifiable backups of all such data.¹

7.3. Suspension Data Off-boarding Protocol (DOP)

To manage data retention during periods of non-payment, a structured protocol is applied. If the Service is suspended due to late payment (Section 4.3), Client Data is retained on the Provider’s servers for a maximum grace period of sixty (60) calendar days. This retention period is solely to facilitate payment and subsequent service restoration. Should payment not be received and the service not be restored within this 60-day period, the suspension automatically converts to formal termination, and the data destruction protocol defined in Section 7.4 is immediately activated.

7.4. Mandatory Data Retrieval and Secure Destruction Protocol (DOP) Upon Termination

The formal termination of services, whether initiated by the Client or by INKSNAPP due to breach, triggers a time-bound Data Off-boarding Protocol (DOP) to manage the transition and final disposal of commercial assets:

Data Retrieval Window: Following the Termination Date, INKSNAPP grants the Client a final, non-extendable seven (7) calendar day Data Retrieval Window. During this period, the Client must download a complete, machine-readable copy of all Client Data, including the E-commerce database and mailbox contents.
Secure Destruction: If the Client Data is not fully retrieved, or upon the expiration of the 7-day Retrieval Window, INKSNAPP is contractually mandated to initiate the secure and permanent destruction (erasure and de-identification) of all Client Data from its servers. This destruction must be completed within the following thirty (30) calendar days. This protocol formalizes the end-of-life cycle for the data and aligns the process with the Client’s Right to Erasure under the POPI Act.¹
No Liability Post-Destruction: INKSNAPP accepts no liability for the deletion or the inability to recover any Client Data once the 7-day Retrieval Window has expired.

PART II: SERVICE LEVEL AGREEMENT (SLA) – OPERATIONAL GUARANTEES

8. Service Availability and Uptime Guarantee

8.1. Guaranteed Monthly Uptime Percentage

INKSNAPP guarantees a minimum Monthly Uptime Percentage of 99.9% for the core PRO Managed Hosting Services, excluding scheduled maintenance windows and valid exclusions detailed in Section 10. This equates to a maximum allowable Downtime of 43.2 minutes within any given calendar month.

9. Support and Incident Management

9.1. Priority Support Entitlement

The Client Company, as a PRO Package Client, is entitled to elevated Priority Support.¹ All technical support requests must be initiated through the designated channels: the support@inksnapp.co.za email address or the Nextcloud Talk Support channel.¹

9.2. Incident Severity Classification and Response Metrics

Given that the Client Company’s operation is E-commerce based, revenue-critical systems require accelerated response times. The incident management protocol prioritizes issues impacting commercial capability, such as failures in the checkout process or loss of access to the secure administrative backend used for item management.¹

Table 9.2: Guaranteed Priority Response and Resolution Times

Severity Level	Definition	Target Response Time	Target Resolution Time
P1 (Critical)	Total Service Outage (Website, Email, or primary database completely unavailable).	15 minutes (24/7)	4 hours (24/7 basis)
P2 (High)	Major Functionality Impairment (e.g., checkout/payment processing failure, secure E-commerce Admin access compromised, system security alerts).	30 minutes (Business Hours*)	8 Business Hours
P3 (Medium)	Minor Bug or Configuration Request (e.g., minor content update, mailbox setup, slow performance without service loss).	2 Business Hours*	Dependent on Scope (Max 3 days)

*Business Hours are defined as 08:00 – 17:00 SAST, Monday to Friday, excluding South African Public Holidays.

10. Exclusions and Limitations of the SLA

10.1. Valid Exclusions from SLA Guarantees

The Service Level Agreement guarantees do not apply if the outage or performance degradation is attributable to causes outside of INKSNAPP’s operational control. These exclusions include: (a) Client’s direct breach of the AUP, particularly content restrictions; (b) Events qualifying as Force Majeure; (c) Issues stemming from external, third-party services (e.g., payment gateways or external APIs) which are not managed by INKSNAPP; or (d) Errors caused by the Client’s own configuration changes or misuse of the hosted content.

PART III: EXECUTION AND LEGAL FRAMEWORK

11. General Legal Clauses and Indemnity

11.1. Limitation of Liability

The Provider adheres strictly to the limitations established in its Terms of Service.¹ In no event shall INKSNAPP be held liable for any indirect, incidental, special, punitive, or consequential damages resulting from the use or inability to use the Service, including damages for loss of profits, data, or goodwill. The maximum aggregate monetary liability for any claim arising out of this SA or SLA is contractually capped and limited to the total fees paid by the Client Company to INKSNAPP for the Services during the six (6) months immediately preceding the event giving rise to the claim.¹

11.2. Indemnification

The Client agrees to fully indemnify and hold INKSNAPP harmless against any loss, damages, liability, or cost arising directly or indirectly from specific failures in Client operation. This includes costs stemming from: 1) The Client’s breach of the Prohibited Activities clauses, including the Moral/Religious Clause (ToS Section 5) ¹; and 2) Any third-party claim alleging unlawful collection or processing of Personal Information by the Client, who serves as the Responsible Party under the POPI Act.¹

11.3. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Republic of South Africa, specifically incorporating the provisions of the POPI Act and the Consumer Protection Act (CPA).¹ Any disputes arising under this Agreement must first be subjected to a mandatory thirty (30) day period of good-faith negotiation between the parties. If the dispute remains unresolved, it must be submitted to binding arbitration in South Africa, conducted according to the rules of the Arbitration Foundation of Southern Africa (AFSA).¹

12. Execution of Agreement

The duly authorized representatives of the Provider and the Client execute this Fixed Term Service Agreement and Service Level Agreement on the date set forth below, confirming acceptance of all terms, including the Fixed Term Price, the 33% discount limitations, the requirements of the Moral/Religious Clause, and the strict adherence to the Data Off-boarding Protocol.

Table 12.1: Contractual Summary and Client Acknowledgement

Contractual Parameter	Detail	Client Acknowledged Acceptance (Required)
Fixed Term Duration	12 Months (Oct 30, 2025 – Oct 29, 2026)	YES
Fixed Monthly Rate	R201.00 (Guaranteed until 31 Dec 2026)	YES
Upfront Setup Fee	R201.00 (Includes 33% Discount)	YES
Primary Domain Included	`new-domain.com` (Integrated into Monthly Fee)	YES
Data Off-boarding Protocol (DOP)	Accepted (7-day retrieval window post-termination)	YES
Moral Clause (ToS 5(f)/5(g))	Accepted (Risk of immediate termination for Prohibited Activities)	YES

INKSNAPP PTY (LTD) (Provider)	Client Company (Client)
Signature: _BPK HABIG_	Signature: ______________________________ (complete below)
Name: Bernard Habig	Name: (Authorized Signatory Name)
Title: Owner/CEO	Title: (Authorized Signatory Title)
	Date: ______________________________ (complete below)