1. Introduction
These Terms and Conditions apply to all quotations, proposals, invoices, projects, services and work undertaken by Magoven Creative Studio (Pty) Ltd t/a Magoven Creative Studio (“Magoven Creative Studio”, “we”, “us” or “our”) for any client (“Client”, “you” or “your”). By accepting a quotation, paying a deposit, approving a proposal, instructing us to start work, or continuing to use our services, you agree to be bound by these Terms and Conditions, together with the applicable quotation, proposal, invoice, project brief, service-level agreement, or written agreement between the parties. If there is a conflict between these Terms and Conditions and a signed written agreement, the signed written agreement will prevail to the extent of the conflict.
These Terms and Conditions are governed by the laws of the Republic of South Africa and are intended to be read consistently with applicable South African law, including consumer protection, electronic communications, data protection, tax, intellectual property, and cybercrime legislation.
2. Company Information
Legal name: Magoven Creative Studio (Pty) Ltd 2.2. Trading name: Magoven Creative Studio 2.3. Registration number: 2020/187776/07 2.4.
Registered address: 5820 Hillside Avenue, Woodhill Estate, Polokwane, LP, ZA 2.5. Website: www.magoven.io 2.6. Telephone: 087 001 0306 2.8.
VAT number, if applicable: N/A 2.9. Information Officer / privacy contact:
3. Definitions
“Agreement” means these Terms and Conditions together with the accepted quotation, proposal, invoice, project brief, service-level agreement, or any written agreement between the parties. “Client Content” means all text, images, videos, documents, logos, trademarks, brand assets, data, login details, product/service information, legal copy, policies, and other materials supplied by the Client. “Deliverables” means the completed items we agree to supply, such as website files, website pages, graphic designs, stationery designs, brand assets, copy, layouts, templates, or other project outputs specified in the quotation.
“Project Scope” means the specific work, features, pages, revisions, deliverables, timelines, assumptions and exclusions recorded in the quotation, proposal, project brief or written agreement. “Third-Party Services” means services, software, plugins, themes, fonts, stock images, hosting, domains, email, security tools, payment gateways, APIs, licences, integrations, or platforms supplied by a third party. “Handover” means delivery of the final Deliverables, launch of the website, release of approved design files, or provision of agreed access credentials after payment of all amounts due.
4. Scope of Work
We will provide the services and Deliverables described in the accepted quotation, proposal, invoice, project brief or written agreement. Anything not expressly included in the Project Scope is excluded and may be quoted separately. Unless expressly included in writing, our services do not include ongoing maintenance, hosting, domain renewal, email support, paid licences, content updates, copywriting, legal policies, compliance audits, paid advertising, advanced SEO, social media management, photography, videography, or third-party subscription fees.
The Client is responsible for reviewing the Project Scope before approving the quotation. Once approved, the Project Scope will be used to determine whether work is in scope or out of scope.
5. Quotations, Acceptance and Electronic Communications
Quotations are valid for the period stated on the quotation. If no validity period is stated, the quotation is valid for 14 calendar days from the date of issue. A quotation may be accepted electronically, including by email, WhatsApp, signed document, payment of deposit, or any other written instruction confirming acceptance.
The parties agree that electronic communications may be used for project instructions, approvals, notices, invoices and general communications, unless the law requires a specific form of notice. The Client must ensure that all instructions, approvals, changes and rejections are communicated clearly and in writing.
6. Fees, Deposits and Payment
Unless otherwise agreed in writing, a minimum of 50% deposit or the total quoted project fee is payable before work begins. The remaining 50% balance becomes payable when the Deliverables are completed, ready for launch, ready for handover, or substantially completed in accordance with the Project Scope. We may withhold launch, handover, files, credentials, transfer, publication, or final delivery until all amounts due have been paid in full.
Website design and development project fees are once-off fees for the agreed Project Scope. Once the full invoiced amount has been paid and Handover (including initial training) has taken place, no additional website design or development fees will be charged for that completed Project Scope. Ongoing or recurring fees will only apply where the Client separately agrees to them in writing.
Examples may include a maintenance plan, hosting plan, domain renewal, email service, security monitoring, backups, support plan, third-party licence, subscription, or any other ongoing service. If the Client does not choose a maintenance plan or other ongoing service, Magoven Creative Studio has no obligation to provide ongoing updates, backups, monitoring, support, edits, repairs, hosting support, licence renewals, security patches, or content changes after Handover. All prices are quoted in South African Rand unless otherwise stated.
Prices are exclusive of VAT unless expressly stated otherwise. If Magoven Creative Studio is VAT-registered, VAT will be charged at the applicable South African VAT rate on taxable supplies. Invoices are payable on the due date stated on the invoice.
If no due date is stated, invoices are payable within 7 calendar days of invoice date. If payment is overdue, we may suspend work, delay launch, withhold Handover, suspend services, or charge reasonable collection costs, subject to applicable law. Any bank charges, chargeback fees, reversal fees or foreign exchange costs caused by the Client’s payment method will be for the Client’s account.
7. Third-Party Costs and Additional Expenses
The Client is responsible for all Third-Party Services required for the project unless the quotation expressly states that they are included. Third-Party Services may include domain registration, hosting, email accounts, SSL certificates, premium plugins, themes, fonts, stock images, APIs, content delivery networks, paid integrations, payment gateway fees, security tools, and platform subscriptions. We will seek the Client’s approval before incurring additional expenses that are not included in the quotation, unless the expense is urgent, necessary to protect the project, and reasonable in the circumstances.
Third-Party Services are governed by the third party’s own terms, pricing, availability, renewal periods, service levels, privacy terms and refund policies. We are not responsible for changes, failures, downtime, price increases, data loss, suspension, defects or discontinued services caused by third parties.
8. Client Responsibilities
The Client must provide all Client Content, information, approvals, feedback, access credentials and instructions reasonably required for the project. Client Content must be accurate, complete, lawful, and supplied in a usable format. The Client must appoint one authorised contact person to give instructions and approvals, unless otherwise agreed.
The Client is responsible for proofreading and approving all content, names, contact details, prices, addresses, spelling, grammar, links, legal statements, product/service descriptions and factual information before launch or final delivery. The Client must not provide unlawful, defamatory, discriminatory, harmful, misleading, infringing, abusive, obscene, fraudulent, malicious or unauthorised content. The Client warrants that it has the right to use all Client Content supplied to us and indemnifies us against claims arising from Client Content, including intellectual property, privacy, defamation, consumer protection, advertising or regulatory claims.
9. Project Timelines and Delays
Any timelines or delivery dates are estimates unless expressly agreed in writing as fixed deadlines. Timelines depend on the Client providing complete content, approvals, feedback, access and payment on time. If the Client delays the project by not providing required content, access, feedback, approvals or payment, we may extend the timeline by a reasonable period.
If the Client delay continues for more than 30 calendar days, we may place the project on hold and invoice for all work completed to date. If a project is placed on hold because of Client delay, recommencement will depend on our availability and may be subject to a reactivation fee or updated quotation.
10. Revisions, Variations and Out-of-Scope Work
The number of revisions included in the project will be stated in the quotation. If no number is stated, the project includes two reasonable revision rounds on the agreed Deliverables. A revision means a reasonable adjustment to work already created within the agreed Project Scope.
It does not include a new concept, new direction, new functionality, new page structure, replacement of approved content, or a material change to the brief. We may charge additional fees for work outside the Project Scope, including extra pages, extra designs, additional revision rounds, new functionality, complex integrations, content loading beyond the agreed scope, urgent work, rework caused by late content, or changes requested after approval. Unless a different rate is agreed in writing, out-of-scope work will be charged at our standard hourly or project rate applicable at the time.
We will not be obliged to perform out-of-scope work unless the additional fees and scope are approved in writing.
11. Approval of Work
When work is completed or ready for review, we will notify the Client and provide a reasonable opportunity to review the Deliverables. The Client must notify us in writing of any defects, omissions or unsatisfactory items within 5 business days of receiving the review notice, unless a different review period is agreed in writing. If the Client does not respond within the review period, the Deliverables will be deemed approved, provided that this will not affect any rights the Client may have under applicable law.
Once approved or deemed approved, work cannot be rejected for subjective preference changes, new instructions, change of mind, or matters that were visible and reasonably capable of being identified during the review period. Approved changes requested after approval may be quoted separately.
12. Rejected Work and Defect Correction
If the Client rejects any Deliverable during the review period, the rejection must clearly identify the specific issue and explain why it does not meet the Project Scope.
We will correct valid in-scope defects or omissions within a reasonable time.
If a rejection is unreasonable, relates to out-of-scope work, or is based on a change of mind after work was completed according to the approved brief, we may charge for additional work or treat the project as complete to the extent allowed by law.
13. Handover and Completion
Handover will take place after final approval or deemed approval and after all amounts due have been paid in full. Handover may include launch of the website, release of agreed files, provision of agreed access credentials, transfer of domain/hosting access, training or delivery of other agreed Deliverables. Unless otherwise agreed in writing, we are not required to hand over editable source files, raw design files, development source code, staging files, internal working files, paid assets, proprietary tools, templates, processes, or files licensed from third parties.
We will provide access credentials for domain, hosting and email accounts that we registered or manage on the Client’s behalf after payment of all amounts due, subject to third-party provider policies and security requirements.
14. Ownership and Intellectual Property
The Client retains ownership of Client Content supplied to us. We retain ownership of our pre-existing intellectual property, know-how, processes, reusable code, templates, frameworks, concepts, tools, libraries and methodologies. Once the Client has paid all amounts due, the Client receives a non-exclusive, non-transferable licence to use the completed Deliverables for the purpose for which they were supplied, unless a broader transfer or assignment is expressly agreed in writing.
Where the project includes custom design assets created specifically for the Client and fully paid for, the Client may use those final approved assets for its business purposes. Third-Party Services and third-party assets remain subject to the relevant third-party licence terms. The Client may not resell, copy, reverse-engineer, redistribute, sublicense or exploit our pre-existing materials, templates, systems or tools except as necessary to use the final Deliverables for the intended purpose.
15. Design Credit and Portfolio Use
Unless the Client objects in writing, we may place a small design credit or link in the footer of a website we design or develop. The Client may request removal of the design credit in writing. Unless the Client objects in writing, we may display the completed project, screenshots, descriptions, public website links, and the Client’s name or logo in our portfolio, proposals, case studies and marketing materials.
We will not disclose the Client’s confidential information when using portfolio materials.
16. Website Functionality, Browser Compatibility and Devices
We will use reasonable care and skill to ensure that a website functions substantially according to the Project Scope at the time of launch. Unless otherwise agreed in writing, websites will be tested on current major versions of commonly used modern browsers, such as Chrome, Safari, Firefox and Edge. We do not guarantee identical appearance or functionality across all browsers, devices, operating systems, screen sizes, assistive technologies, outdated browsers, third-party embedded tools, or future software versions.
Changes required because of future browser updates, platform changes, plugin updates, hosting changes, legal changes, security changes or third-party changes are not included after Handover unless covered by a maintenance plan or separately quoted.
17. Search Engine Optimisation, Analytics and Online Marketing Services
SEO services are only included where they are expressly stated in the quotation, proposal, invoice, project brief, maintenance plan, retainer agreement or other written agreement. SEO services may include, depending on the agreed Project Scope: basic technical SEO setup; keyword research; on-page optimisation; metadata, headings, image alt text and internal linking recommendations; website speed and performance recommendations; search-engine indexing setup; Google Business Profile assistance; local SEO assistance; SEO content recommendations; analytics and reporting setup; SEO audits; monthly SEO support or retainer services. Unless expressly included in writing, SEO services do not include copywriting, blog writing, paid advertising, backlink building, public relations, social media management, reputation management, advanced technical development, schema implementation, conversion-rate optimisation, competitor monitoring, website maintenance, speed optimisation, content uploads, or ongoing monthly reporting.
SEO is affected by many factors outside our control, including search-engine algorithms, competitor activity, Client content, website history, backlinks, user behaviour, hosting performance, website speed, reviews, location signals, indexing delays, penalties, third-party platforms and market conditions. We do not guarantee any specific ranking, search position, traffic level, enquiry volume, lead volume, sales, revenue, indexing timeframe, Google Business Profile placement, map-pack placement, conversion rate, or business result. Any SEO projections, estimates, benchmarks, keyword opportunities, traffic estimates or recommendations are provided for planning purposes only and are not guarantees.
Search engines and online platforms are controlled by third parties and may update their algorithms, policies, ranking factors, interfaces, data access rules and reporting metrics at any time. We are not liable for ranking drops, traffic changes, indexing issues, account restrictions, platform changes or algorithm updates caused by third parties. We will use reasonable care and skill and will follow generally accepted SEO practices.
We will not knowingly use deceptive, unlawful, malicious or high-risk SEO tactics such as hidden text, keyword stuffing, cloaking, fake reviews, spam backlinks, automated link schemes, unauthorised scraping, impersonation, misleading business listings, or other practices that may breach search-engine guidelines or applicable law. The Client is responsible for ensuring that all claims made on its website, Google Business Profile, listings, advertisements, metadata, service pages, landing pages and content are accurate, lawful, current, substantiated and not misleading. The Client must supply accurate information for SEO work, including business name, trading details, addresses, service areas, telephone numbers, operating hours, product/service descriptions, qualifications, accreditations, pricing claims, guarantees, testimonials and legal disclaimers.
Where SEO work involves health, financial, legal, regulated, safety-related, environmental, property, employment, educational or other specialised claims, the Client must obtain appropriate professional review before publication. If analytics, tracking pixels, tags, cookies, heatmaps, call tracking, CRM integrations, newsletters, lead forms or similar tools are used, the Client is responsible for ensuring that appropriate privacy notices, cookie notices, consent mechanisms, opt-out mechanisms and direct-marketing disclosures are in place. Where we assist with analytics or tracking setup, we do so based on the tools and access provided by the Client.
We are not responsible for inaccurate reports caused by incorrect Client access, third-party platform changes, ad blockers, consent settings, cookie restrictions, browser restrictions, tracking prevention, data sampling, bot traffic, spam traffic or third-party measurement limitations. The Client is responsible for granting and maintaining the access required for SEO services, including access to the website, CMS, hosting, analytics accounts, Google Search Console, Google Business Profile, Google Tag Manager, advertising accounts, social accounts, directories or other relevant platforms. If the Client or another service provider changes website content, metadata, URLs, redirects, headings, internal links, tracking code, analytics settings, business listings, DNS, hosting, plugins, theme files or technical settings, this may affect SEO results.
We are not liable for SEO impact caused by such changes unless the changes were made by us in breach of the Agreement. SEO work performed as part of a once-off website project is limited to the SEO items expressly included in that project. Once-off SEO setup does not include ongoing optimisation, monitoring, reporting, link management, content creation, ranking recovery, algorithm-response work or monthly SEO management after Handover.
Ongoing SEO services are only provided where the Client has agreed to a monthly SEO retainer, maintenance plan, support plan or separate SEO agreement. Such ongoing services will be billed according to the applicable agreement and may be suspended if payment is overdue. SEO reports, where included, will be prepared using available third-party tools and available data at the time of reporting.
Reports may include approximations and should not be treated as audited performance statements. The Client acknowledges that SEO is a long-term process and that results may take time. Past performance, case studies or examples do not guarantee future results for the Client.
We may recommend changes to website structure, content, speed, hosting, reviews, business listings, backlinks, technical configuration or user experience. If the Client declines or delays implementing recommendations, results may be affected.
18. Hosting, Domains and Email Services
Hosting, domain registration, domain renewal, DNS management, email hosting, SSL certificates and related services are only included if expressly stated in the quotation or a separate written agreement. Where we assist with Third-Party Services, we do so as a facilitator or reseller unless otherwise stated. The Client remains responsible for renewal dates, acceptable-use compliance, lawful content, account information, email usage, storage limits, backups and payments, unless covered by a written maintenance or hosting plan.
We are not liable for downtime, email delivery issues, blacklisting, hosting suspension, domain expiry, DNS errors, provider outages, data loss, malware, unauthorised access, or third-party service failures unless directly caused by our proven negligence. If the Client receives hosting, FTP, database, control panel, CMS administrator or similar access, the Client is responsible for all actions taken using that access. We may charge for repairing, restoring, cleaning, updating, migrating, reconfiguring or investigating issues caused by the Client, the Client’s staff, another service provider, third-party plugins, insecure passwords, unauthorised access, malware, expired services, or hosting/provider changes.
19. Maintenance, Backups and Support
Website design and development fees are once-off fees for the agreed Project Scope. After Handover and full payment, no further fees are payable for the completed Project Scope unless the Client requests additional work or agrees to an ongoing plan. Ongoing maintenance, support, security monitoring, backups, software updates, plugin updates, content changes, uptime monitoring, malware scanning, SEO work, edits, training, reporting or emergency support are not included unless the Client has agreed to a maintenance plan or separate support agreement.
If no maintenance plan is in place, the Client is responsible for maintaining the website, creating backups, updating software, renewing licences, renewing hosting/domains, securing access credentials and monitoring website performance after Handover. We may offer maintenance, support, backup restoration, updates, edits or troubleshooting as a separate paid service, subject to availability.
20. Limited Warranty
Unless otherwise agreed in writing, we provide a 30 calendar day limited workmanship warranty from launch or Handover for in-scope defects caused by our failure to perform the agreed work with reasonable care and skill. During the warranty period, we will correct valid in-scope workmanship defects at no additional cost. The limited warranty does not cover: changes requested after approval; issues caused by Client Content; issues caused by the Client or third parties; hosting, server, DNS, email or third-party platform issues; expired domains, licences or subscriptions; malware, hacking, insecure passwords or unauthorised access; browser, platform, plugin or software updates after Handover; new features, new pages, content updates or design changes; issues outside the Project Scope; defects caused by plugins, themes, APIs, integrations or services supplied by third parties.
The warranty may be voided where the Client or a third party changes the website, code, database, hosting settings, plugins, theme, files, security settings, DNS, email settings or content in a way that causes or contributes to the issue. Nothing in this clause limits any non-excludable rights the Client may have under applicable South African law.
21. Legal Compliance and Client Website Content
The Client is responsible for ensuring that its website, business activities, Client Content, products, services, advertising claims, privacy notices, cookie notices, direct marketing, industry-specific disclosures, pricing, terms, policies and legal statements comply with applicable law. Unless expressly included in writing, we do not provide legal, tax, accounting, financial, medical, regulatory, compliance or professional advice. Any website terms, privacy policy, cookie notice, refund policy, disclaimer, accessibility statement, legal notice or compliance wording supplied by us is a draft or general template only and must be reviewed by the Client’s legal adviser before publication.
The Client indemnifies us against claims, complaints, penalties, losses, damages or costs arising from unlawful or non-compliant Client Content, business practices, products, services, data processing, advertising, direct marketing, consumer disclosures or website use.
22. POPIA, Privacy and Personal Information
Each party must comply with the Protection of Personal Information Act, 2013 (“POPIA”) where applicable. The Client remains responsible for deciding what personal information is collected through the Client’s website, why it is collected, how it is used, how long it is retained, and which third parties receive it. Where we process personal information on the Client’s behalf during a project, we will process it only for the purposes of performing the services, complying with the Agreement, protecting our lawful interests, or meeting legal obligations.
The Client must ensure that any personal information supplied to us has been lawfully collected and may lawfully be shared with us for the project. If the project involves contact forms, newsletters, analytics, cookies, tracking tools, CRM integrations, payment gateways or other data collection tools, the Client is responsible for publishing appropriate privacy notices, cookie notices, consent mechanisms, opt-out mechanisms and direct marketing disclosures. Each party must take reasonable and appropriate technical and organisational measures to protect personal information against loss, unauthorised access, misuse, alteration, destruction or disclosure.
If either party becomes aware of an actual or suspected compromise involving personal information processed under the Agreement, that party must notify the other party without unreasonable delay and cooperate reasonably in dealing with the incident. The Client authorises us to use reputable Third-Party Services where reasonably required to perform the services, provided that we take reasonable steps to use service providers with appropriate safeguards. If personal information is transferred outside South Africa through hosting, cloud storage, email, analytics, plugins or other Third-Party Services, the Client is responsible for ensuring that such transfer is lawful and disclosed in the Client’s privacy notice.
23. Confidentiality
Each party must keep the other party’s confidential information confidential and may use it only for purposes of the Agreement. Confidential information does not include information that is public, already known without a duty of confidentiality, independently developed, or lawfully received from another source. We may disclose confidential information to employees, contractors, subcontractors, advisers and service providers who need to know it for purposes of performing the services, provided that they are subject to confidentiality obligations.
Confidential information may be disclosed where required by law, court order, regulator, law enforcement authority, or to protect legal rights.
24. Security, Access and Prohibited Use
The Client must keep all account credentials, passwords and access details secure. The Client must not use our services, systems, websites, hosting, email or Deliverables for unlawful, harmful, abusive, discriminatory, defamatory, fraudulent, obscene, malicious, infringing, spam-related or unauthorised purposes. The Client must not introduce malware, attempt unauthorised access, interfere with systems, perform security testing without written permission, send unsolicited bulk communications, or use any service in a way that harms our systems, third-party systems, other users, or the public.
We may suspend services, refuse work, remove access, or report conduct to the relevant authorities where we reasonably believe that unlawful, harmful or prohibited activity has occurred.
25. Subcontractors
We may use employees, contractors, freelancers, subcontractors or third-party service providers to perform the services.
We remain responsible for the work we agree to provide, subject to the limitations in the Agreement.
We will take reasonable steps to ensure that subcontractors who access confidential information or personal information are subject to suitable confidentiality and data protection obligations.
26. Cancellation and Termination
The Client may cancel a project by written notice. If the Client cancels after work has started, the Client must pay for all work performed, time spent, costs incurred, commitments made, and approved third-party expenses up to the cancellation date. The deposit is refundable only to the extent that no work has started and no costs have been incurred, unless otherwise required by law.
If the value of work performed and costs incurred exceeds the deposit paid, we may invoice the Client for the balance, payable within 7 calendar days. We may cancel or suspend the Agreement if the Client fails to pay, fails to provide required information, materially changes the brief, breaches the Agreement, provides unlawful content, becomes abusive or threatening, or requests work that we reasonably consider unlawful, unethical or harmful. Either party may terminate the Agreement if the other party commits a material breach and fails to remedy it within 7 calendar days after receiving written notice requiring remedy.
Clauses dealing with payment, intellectual property, confidentiality, privacy, indemnities, liability, dispute resolution and governing law survive termination.
27. Refunds
Because website design, development and creative services involve customised work, refunds are not available for work already performed, approved work, completed milestones, time spent, costs incurred, or Third-Party Services already purchased.
Where a refund is legally required or agreed, it will be limited to the portion of fees paid for services not yet performed and costs not yet incurred.
Third-Party Services are refundable only if the relevant third party allows a refund and actually refunds the amount to us.
28. Limitation of Liability
To the maximum extent permitted by law, Magoven Creative Studio will not be liable for indirect, special, incidental, punitive or consequential loss, including loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, reputational loss, business interruption, or loss caused by third-party services. To the maximum extent permitted by law, our total liability arising from a project or service will be limited to the fees actually paid to us for the specific project or service giving rise to the claim. Nothing in these Terms and Conditions excludes or limits liability where the law does not allow exclusion or limitation, including liability for intentional misconduct, gross negligence where applicable, fraud, or non-excludable statutory rights.
The Client must take reasonable steps to mitigate any loss, including keeping backups, maintaining access to accounts, reviewing work before approval, and notifying us promptly of issues.
29. Indemnity
The Client indemnifies Magoven Creative Studio, its directors, employees, contractors and subcontractors against claims, losses, damages, penalties, costs and expenses arising from: Client Content; the Client’s breach of the Agreement; the Client’s unlawful conduct; infringement of intellectual property or privacy rights by Client Content; inaccurate, misleading or unlawful information supplied by the Client; the Client’s products, services, advertising, direct marketing or business operations; unauthorised access caused by the Client’s actions or omissions; changes made by the Client or third parties after Handover.
30. Force Majeure
We will not be liable for delay or failure caused by events beyond our reasonable control, including power failures, load shedding, internet outages, hosting outages, strikes, illness, natural disasters, civil unrest, cyberattacks, acts of government, supplier failure, platform failure, or other circumstances beyond our reasonable control.
We will take reasonable steps to reduce the effect of such events and resume performance when reasonably possible.
31. Notices
Notices may be sent by email to the contact details last provided by the receiving party, unless the law requires another method.
The Client must keep its contact information up to date.
Legal notices may be delivered to the physical or registered address recorded in clause 2 or to any updated address notified in writing.
32. Dispute Resolution
The parties must first attempt to resolve disputes through good-faith negotiation. If a dispute is not resolved within 14 calendar days, either party may refer the dispute to mediation or another agreed alternative dispute resolution process. Nothing prevents either party from approaching a competent court for urgent relief, debt collection, intellectual property protection, confidentiality protection, or any other relief that cannot reasonably wait for mediation.
Where applicable, a consumer may also exercise rights available under South African consumer protection law.
33. Governing Law and Jurisdiction
The Agreement is governed by the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the South African courts with competent jurisdiction over the dispute.
We may institute proceedings in any Magistrates’ Court with jurisdiction, even if the claim would otherwise exceed that court’s ordinary monetary jurisdiction, where legally permissible.
34. General
The Agreement constitutes the entire agreement between the parties regarding the relevant project or services, unless amended in writing. No waiver, indulgence or delay in enforcing any right will be treated as a waiver of that right. If any clause is found to be invalid, unlawful or unenforceable, the remaining clauses will continue to apply.
The Client may not transfer its rights or obligations under the Agreement without our written consent. We may update these Terms and Conditions from time to time. The version applicable to a project will be the version accepted by the Client at the time of quotation acceptance, unless otherwise agreed in writing.
35. Acceptance
By accepting a quotation, paying a deposit, giving written instruction to proceed, approving a project, or using our services, the Client confirms that they have read, understood and accepted these Terms and Conditions.