Terms of Service & Privacy Policy
  • Home
  • Terms of service & privacy policy

Contents:

  1. Terms of Service
  2. Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the mindmapmarketing.co.za website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Mind Map Marketing PTY LTD ("Mind Map Marketing"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mind Map Marketing's Privacy Policy) and procedures that may be published from time to time on this Site by Mind Map Marketing (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mind Map Marketing, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your mindmapmarketing.co.za Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mind Map Marketing may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mind Map Marketing liability. You must immediately notify Mind Map Marketing of any unauthorized uses of your blog, your account or any other breaches of security. Mind Map Marketing will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mind Map Marketing or otherwise.

    By submitting Content to Mind Map Marketing for inclusion on your Website, you grant Mind Map Marketing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Mind Map Marketing will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Mind Map Marketing has the right (though not the obligation) to, in Mind Map Marketing's sole discretion (i) refuse or remove any content that, in Mind Map Marketing's reasonable opinion, violates any Mind Map Marketing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mind Map Marketing's sole discretion. Mind Map Marketing will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Mind Map Marketing the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify Mind Map Marketing before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Mind Map Marketing in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Mind Map Marketing the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Mind Map Marketing reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Mind Map Marketing.
    • Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Mind Map Marketing to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free mindmapmarketing.co.za services. All support will be provided in accordance with Mind Map Marketing standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. Mind Map Marketing has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Mind Map Marketing does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mind Map Marketing disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which mindmapmarketing.co.za links, and that link to mindmapmarketing.co.za. Mind Map Marketing does not have any control over those non-Mind Map Marketing websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mind Map Marketing website or webpage, Mind Map Marketing does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mind Map Marketing disclaims any responsibility for any harm resulting from your use of non-Mind Map Marketing websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Mind Map Marketing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by mindmapmarketing.co.za violates your copyright, you are encouraged to notify Mind Map Marketing in accordance with Mind Map Marketing's Digital Millennium Copyright Act ("DMCA") Policy. Mind Map Marketing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mind Map Marketing will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mind Map Marketing or others. In the case of such termination, Mind Map Marketing will have no obligation to provide a refund of any amounts previously paid to Mind Map Marketing.
  8. Intellectual Property. This Agreement does not transfer from Mind Map Marketing to you any Mind Map Marketing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mind Map Marketing. Mind Map Marketing, mindmapmarketing.co.za, the mindmapmarketing.co.za logo, and all other trademarks, service marks, graphics and logos used in connection with mindmapmarketing.co.za, or the Website are trademarks or registered trademarks of Mind Map Marketing or Mind Map Marketing's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mind Map Marketing or third-party trademarks.
  9. Advertisements. Mind Map Marketing reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Mind Map Marketing reserves the right to display attribution links such as 'Blog at mindmapmarketing.co.za,' theme author, and font attribution in your blog footer or toolbar.
  11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
  12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
  13. Changes. Mind Map Marketing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mind Map Marketing may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  14. Termination. Mind Map Marketing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mindmapmarketing.co.za account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Mind Map Marketing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Mind Map Marketing's notice to you thereof; provided that, Mind Map Marketing can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  15. Disclaimer of Warranties. The Website is provided "as is". Mind Map Marketing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mind Map Marketing nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  16. Limitation of Liability. In no event will Mind Map Marketing, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mind Map Marketing under this agreement during the twelve (12) month period prior to the cause of action. Mind Map Marketing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Mind Map Marketing Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  18. Indemnification. You agree to indemnify and hold harmless Mind Map Marketing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  19. Miscellaneous. This Agreement constitutes the entire agreement between Mind Map Marketing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mind Map Marketing, or by the posting by Mind Map Marketing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the kwaZulu Natal, South Africa, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Durban, South Africa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Durban, South Africa, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mind Map Marketing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Back to top

Privacy Policy:

Mind Map Marketing PTY LTD ("Mind Map Marketing") operates mindmapmarketing.co.za and may operate other websites. It is Mind Map Marketing's policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Mind Map Marketing collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Mind Map Marketing's purpose in collecting non-personally identifying information is to better understand how Mind Map Marketing's visitors use its website. From time to time, Mind Map Marketing may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Mind Map Marketing also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on mindmapmarketing.co.za blogs/sites. Mind Map Marketing only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Mind Map Marketing's websites choose to interact with Mind Map Marketing in ways that require Mind Map Marketing to gather personally-identifying information. The amount and type of information that Mind Map Marketing gathers depends on the nature of the interaction. For example, we ask visitors who sign up at mindmapmarketing.co.za to provide a username and email address. Those who engage in transactions with Mind Map Marketing are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Mind Map Marketing collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Mind Map Marketing. Mind Map Marketing does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Mind Map Marketing may collect statistics about the behavior of visitors to its websites. Mind Map Marketing may display this information publicly or provide it to others. However, Mind Map Marketing does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Mind Map Marketing discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Mind Map Marketing's behalf or to provide services available at Mind Map Marketing's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Mind Map Marketing's websites, you consent to the transfer of such information to them. Mind Map Marketing will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Mind Map Marketing discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Mind Map Marketing believes in good faith that disclosure is reasonably necessary to protect the property or rights of Mind Map Marketing, third parties or the public at large. If you are a registered user of an Mind Map Marketing website and have supplied your email address, Mind Map Marketing may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Mind Map Marketing and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Mind Map Marketing takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Mind Map Marketing uses cookies to help Mind Map Marketing identify and track visitors, their usage of Mind Map Marketing website, and their website access preferences. Mind Map Marketing visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Mind Map Marketing's websites, with the drawback that certain features of Mind Map Marketing's websites may not function properly without the aid of cookies.

Business Transfers

If Mind Map Marketing, or substantially all of its assets, were acquired, or in the unlikely event that Mind Map Marketing goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Mind Map Marketing may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Mind Map Marketing and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Mind Map Marketing may change its Privacy Policy from time to time, and in Mind Map Marketing's sole discretion. Mind Map Marketing encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a mindmapmarketing.co.za account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Back to top

TERMS AND CONDITIONS FOR THE SUPPLY OF WEB MARKETING SERVICES BY Mind Map Marketing (Pty) Ltd

  1. DEFINITIONS AND INTERPRETATION
    • In these terms and conditions, the following definitions apply unless otherwise stated:

 

‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when banks in South Africa are open for business.

 

‘Contract’ means the contract between the Company and the Client for the supply of Services governed by these Terms and the Order.

 

‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the Order.

 

‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, natural disaster, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

‘Group Company’ means a company which is a subsidiary or holding company of the Company, as defined in the Companies Act of 2008.

‘Company’ means Mind Map Marketing (Pty) Ltd a company incorporated in South Africa under company registration number 2017/167453/07 whose registered office is at 27 View Hills Road, Crestholme, KZN, trading as Mind Map Marketing (Pty) Ltd.

‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

‘Order’ means the order placed by the Client through counter-signing the Company’s Scope of Works form.

‘Scope of Works Form’ means a proposal form counter-signed by the Client which together with these terms and conditions shall form a binding contract.

‘Quotation’ means the written quotation prepared by the Company which contains its proposals for providing Services to the Clients.

‘Services’ means the services the Company will provide to the Client as specified in the Order.

‘Specification’ means the description or specification of the Services in the Order.

‘Terms’ means these terms and conditions as updated from time to time by the Company.

‘VAT’ means value added tax chargeable under South African law for the time being and any similar additional tax.

White Label Work’ means Services provided by the Company to a Client who rebrands these services as their own for the benefit of their client.

  • Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words, which denote a particular gender, they shall be also read to include all genders and vice versa.

  • The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
  • A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  1. TERMS AND CONDITIONS   
    • These Terms shall apply to all agreements concluded between the Company and the Client to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    • These Terms and the Order may only be varied by express written agreement between the Company and the Client.
  2. THE CONTRACT
    • The Order constitutes an offer by the Client to purchase the Services in accordance with these Terms. The Client shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
    • The Order shall only be deemed to be accepted when the Company issues a written acceptance of the Order, or when the Company has started to provide the Services having received the Order, whichever happens first, at which point the Contract shall come into existence.
    • The Contract constitutes the entire agreement between the Company to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms.
    • The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between the Company and the Client for the supply of Services.
    • A Quotation for the supply of Services given by the Company shall not constitute an offer. A Quotation shall only be valid for a period of 14 Business Days from its date of issue.
    • For any White Label Work the Client understands and agrees that the Company have no contractual relationship and therefore no liability in respect of the ultimate client with whom the Client agrees to perform the White Label Work for.
  3. COMPANY OBLIGATIONS AND WARRANTIES
    • The Company warrants that it will provide the Services as stipulated in the Order using reasonable care and skill to conform in all material respects with the Specification.
    • The Company shall use all reasonable endeavours to meet any performance dates specified in the Order but any such dates shall be estimates only and time shall not be of the essence for the provision of the Services. The Company shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the Client’s failure to provide the Company with adequate delivery instructions or any other instructions relevant to the supply of the Services.
    • The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law.
    • The Company shall be entitled to use a Group Company or other subcontractors for the provision of the Services provided always that the Company shall remain liable to the Client for the performance of the Services as if it had carried them out itself.
  4. CLIENT’S OBLIGATIONS AND INDEMNITIES
    • The Client shall provide assistance and technical information to the Company, as reasonably required by the Company in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Company and warrants and undertakes to the Company that the Client’s employees assisting in the execution of an Order have the necessary skills and authority.
    • The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and or approve materials provided under the Services, including (without limitation) advertising copy, search terms and graphic material submitted by the Company. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems or where it may otherwise be required by the Company.
    • The Client shall be obliged to inform the Company immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Company.
    • In the event that the Client fails to undertake those acts or provide those materials required under this clause 5 within any agreed deadline (and at least within 10 Business Days of the date requested by the Company) the Company shall be entitled to invoice for the Services that it has supplied and the remaining Services specified in the Order whether or not the Company has been able to deliver them.
    • The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
    • The Client undertakes to comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Services, including without limitation its obligations under the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, Competition Act 1998 and the E-Commerce Directive and equivalent legislation and hereby agrees to indemnify and to keep the Company indemnified in respect of any and all costs, claims or proceedings whatsoever brought against the Company by any third party in connection with any breach of the same by the Client.
    • As standard across the Services and unless otherwise notified, the Client shall be exclusively responsible for implementing the optimisation changes recommended by the Company. As notified by the Company, in certain cases for amendments to existing optimizations, the Client shall allow the Company use of the site’s FTP or content management system’s username and password in order to gain access to add in keywords.
    • The Company require that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services supplied by the Company. If alterations are made by the Client or a third party to the Client’s site(s) search engine placements may be affected and the Company cannot be held responsible.
    • The Company advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines and the Client understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
    • In respect of all White Label Work the Client shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the contract between the Client and their client for the White Label Work.
  5. PRICES
    • Unless otherwise expressly stated, all prices shall be in Rands (ZAR) and shall be exclusive of VAT and other duties. In the event that duties are introduced or changed after the conclusion of an Order, the Company shall be entitled to adjust the agreed prices accordingly.
    • The Client acknowledges that certain Services may involve the licensing of third party Intellectual Property Rights and that the Client may be required to enter into a license directly with such third party. Unless otherwise expressly stated, all prices shall be exclusive of costs for the acquisition of Intellectual Property Rights for materials to be included in marketing materials, including if relevant (but without limitation) pictures and licenses from third party owners and licensors.
    • The price stated in the Order shall be an estimate based on a qualified estimate of the number of hours required to provide the Services. This is an estimate only and Services shall be invoiced in accordance with the actual number of hours spent in accordance with the price set out in the Order or Quotation and in the event that the price is not so stipulated, the Client shall be charged at the hourly rate specified in the Company’s then current price list. the Company shall be obliged to update the estimate and budgets on an ongoing basis following, among other things, changes made to an Order.
    • Whilst every effort is made to ensure that costing estimates are accurate, the Company reserves the right to amend any estimate, should an error or omission have been made.
  6. PAYMENT
    • The Company shall invoice the Client monthly, either in advance or following Services delivered. Before the Company carries out any work Clients are usually asked to provide a non-refundable fees deposit.  This deposit is like a rent deposit.  It is kept securely and will be offset against the Client’s last invoice(s) when the work detailed in an Order has been completed.  Also, if the Client does not pay a monthly invoice when it is due the Company shall use the deposit to pay the invoice and will not do any further work until the deposit is replaced.
    • The Client shall pay each invoice submitted by the Company within 5 Business Days of the date of the invoice and in cleared funds in accordance with clause 7.3 below. The invoice number shall be stated on all payments and payment by Bank Transfer.
    • The Client shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part. the Company may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Company to the Client.
    • In the event of overdue payment, interest shall accrue on the invoice amount at the statutory rate prescribed by the National Credit Act No 34 of 2005 or at the rate of 2 per cent over the base rate of the SARB (whichever should be the higher). At the Company’s discretion, a fee of R180 (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. the Company shall be entitled to submit such reminders on a weekly basis once the fees have become overdue. the Company expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.
    • Late payment shall be considered as constituting a material breach of the Contract entitling the Company (at its discretion) to cancel the Contract or to affirm the Contract and assert the usual remedies for breach.
    • In the event that the Services cannot be delivered either in full or in part due to the Client’s failure to assist or delay in assisting in the execution of the Order, the Company shall be entitled to charge to the Client an estimated amount, corresponding to the amount that would have been due had the Services been rendered in accordance with the Order. the Company shall be entitled to payment on the basis of the Company’s price list applicable from time to time for any additional work required because of the Client’s failure to assist or delay in assisting.
    • If the Client subsequently requires the Company to complete the work within a shorter time frame than specified in the Order the Company reserves the right to charge additional monies to prioritise such projects ahead of pre-planned work.
  7. DELAYS AND COMPLAINTS
    • In the event that the Client proves that the Services are delayed or not in accordance with the Contract, the Company shall be obliged to remedy or redeliver, at its own discretion, without undue delay. In the event that the Services continue to be not in accordance with the Contract after reasonable attempts have been made to remedy this, the Client shall be entitled to cancel the Order in accordance with clause 13.2 a), provided that the breach is material.
    • Complaints concerning delays or breach of Contract shall be submitted immediately after the time when the Client became or should have become aware of the matter. If the Client fails to bring the defect (unless by its very nature it is impossible to ascertain within such a period) to the attention of the Company within 48 hours the Client shall be deemed to have accepted the Services and shall not be entitled to assert remedies based on delays or breach of Contract.
    • The Client hereby acknowledges that certain Services rely upon goods and/or services being provided by third parties (‘Third Party Services’). The Client acknowledges that the Third-Party Services will be governed by that third parties’ terms and conditions and that the Company cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the Client for any delays and/or failings in respect of the same.   Providers of Third Party Services may provide their own warranties to the Client and the Client must satisfy itself whether or not such warranties (where given) are acceptable for the Client’s business purposes or risk management policies.
    • the Company’s only responsibility in respect of the Third-Party Services is to take reasonable care and skill when selecting the providers of the same.
    • The Client’s exclusive remedies for late delivery or Services not conforming with the Contract are as specified in this clause 8 and, if the remedies set out in these Terms have been exhausted, the Client’s final remedy is limited to cancellation of the Contract and the Company’s sole liability is to refund any payments for Services not conforming with the Contract, subject to the limitations set out in clause 9 below.
  8. LIABILITY
    • Except as expressly stated in this Clause 9, the Company shall have no liability to the Client for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Client by any third party.
    • Without prejudice to the generality of Clause 9.1 above, the Company shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:
      1. Any indirect or consequential loss arising under or in relation to the Contract even though the Company was aware of the circumstances in which such loss could arise;
      2. Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;
      3. Loss of data; and
      4. Fraudulent clicks on any of the Client’s accounts managed by the Company.
    • To the extent such liability is not excluded by sub-clauses 9.1, 9.2 and clause 10 below, the Company’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.
  9. OTHER LIMITATIONS OF LIABILITY
    • The Company shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. The Company shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these Terms or (at the Company’s discretion).
    • The Company shall not be liable for any changes made without notice by the Client or a third party employed by the Client to domain names, websites, links, technical setup etc. and affecting the Services delivered by the Company. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the Client in accordance with these Terms or on the basis of the Company’s price list applicable from time to time at the Company’s discretion.
    • The Company shall use all reasonable endeavors to deliver Services relating to search engine optimisation, links, advertisements, banners, pay per click and google analytics in accordance with the guidelines applicable to the relevant search engines. However, the Company shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond the Company’s control and reserves the right to make changes to Services as a result of the same. In addition, the Company shall not be liable for other changes or discontinuation of search engines.
    • The Company shall not be liable for Services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, the Company shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like.
    • The Company shall not be responsible for URLs dropped or excluded by a search engine for any reason.
    • If the Client does not implement some or all of the Company’s recommendations, the Company shall not bear any liability for any lack of success experienced by the Client relating to the Services.
  10. INTELLECTUAL PROPERTY RIGHTS
    • It is the responsibility of the Client to ensure that they have the right to use any Intellectual Property Rights when they provide any text, image or representation (“Materials”) to the Company for incorporation into the Services and the Client hereby grants or agrees to procure the grant of (as applicable) an irrevocable license to the Company to use such Materials for the purposes of providing the Services for the duration of the Contract.
    • The Client shall be responsible for ensuring that the contents of Materials which the Client has contributed or approved are not in contravention of legislation, decency, marketing rules or any other third-party rights. the Company shall be entitled to reject and delete such material without incurring any liability. In addition, the Company shall be entitled to cancel the Order.
    • The Client shall indemnify the Company against all damages, losses and expenses suffered or incurred by the Company as a result of the Materials which the Client has contributed or approved being in contravention of legislation, decency, marketing rules or any action that any such Materials infringe any Intellectual Property Rights of a third party.
    • The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described above.
    • Unless expressly stated otherwise in these Terms or in an Order, the Intellectual Property Rights created, developed, subsisting or used in connection with the Services and whether in existence at the date hereof or created in the future shall vest in and be the property of the Company or the relevant third party from whom the Company has acquired a right of use with a view to executing the Order. The Client agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vest in the Company.
    • The Intellectual Property Rights as mentioned in Clause 11.2 shall not be used, assigned, distributed, copied, forwarded to online or offline activities by the Client without a separate, express written agreement.
    • If the Company makes software, scripts, ASP services etc. available to the Client as part of the execution of an Order, the Client shall only acquire a non-exclusive personal nontransferable license to use such material until the Services under this agreement cease.
    • The Client hereby irrevocably licenses the Company to use and display the Client’s name, figure, logo etc. as a reference on the Company’s website, other marketing materials or types of media whilst they are a Client of the Company and for 18 months after the Contract terminates. The Client agrees to send the Company its most recent logo or figure as and when it is amended from time to time.
  11. CONFIDENTIALITY AND PERSONAL DATA
    • A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.
    • During the term of the Contract and for a period ending 5 years from the date of its conclusion, the Company shall take the same care as the Company uses with its own confidential information, to avoid, without the Client’s consent, the disclosure to any third party (except a subcontractor working on the Services who is subject to similar undertakings of confidentiality) of any of the Client’s business or operational information which the Client has designated as confidential.
    • The obligation in Clause 12.2 shall not apply to any information which is or becomes publicly available otherwise than through a breach of this agreement, is already or rightly comes into the Company’s possession without an accompanying obligation of confidence, is independently developed by the Company, or which the Company is required to disclose by law.
    • During the term of the Contract and for a period ending 5 years from termination thereof, the Client will not disclose to any persons within its organisation that do not have a need to know, or to any third party, any information and non-Client materials provided by the Company concerning the method or approach the Company uses in providing the Services.
    • Each party agrees to comply with its respective obligations under the Data Protection Act 1998.
    • The Client shall be obliged to indemnify the Company for any loss, including costs incidental to legal proceedings, suffered by the Company as a result of the processing of personal data which the Client has contributed being in contravention of the Data Protection Act 1998 or marketing law. The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described in the present clause.
  12. TERM, TERMINATION AND ASSIGNMENT
    • The Contract shall renew automatically for a further term of one year at the end of each year unless and until either party notifies the other of its wish to terminate the Contract at the expiry of the current year by giving the other party at least 30 days’ written notice to expire at the end of that Contract term.
    • Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party:
      1. commits a material breach of the Contract and (if such breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
      2. becomes or is insolvent or is unable to pay its debts (within the meaning of the Insolvency Act No 24 of 1936) or (except for the purposes of a genuine amalgamation or reconstruction) a petition is presented or meeting convened or resolution passed for winding up the defaulting party or the defaulting party enters into liquidation whether compulsorily or voluntarily or compounds with its creditors generally or has a receiver, administrator, or administrative receiver appointed over all or any part of its assets or the defaulting party ceases to carry on all or a substantial part of its business.
    • The Company shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Contract without notice in the event that any of its charges for the Services are not paid in accordance with these Terms.
    • Upon termination, for whatever reason, the parties shall be obliged to return all materials received from the other pursuant to the Contract without undue delay. If relevant, the Client shall be obliged to remove codes, etc, from websites without undue delay. If the Client fails to do so, the Company shall be entitled to invoice the Client in line with its then current terms and conditions for subsequent Services without such invoicing amounting to a waiver of the Company’s right to terminate the Contract.
    • The Client shall not be permitted to assign or transfer all or any part of its rights or obligations under the Contract and these Terms without the prior written consent of the Company.
    • The Company shall be entitled to assign or subcontract any of its rights or obligations under the Contract and these Terms and the Client acknowledges that certain elements of the Services will be provided by third parties.
  13. FORCE MAJEURE
    • Neither party shall be held liable for a Force Majeure Event.
    • If a party believes that a Force Majeure Event has occurred, such party shall immediately inform the other party of the start and end of the Force Majeure Event.
    • Notwithstanding the other provisions of the present Terms, each party shall be entitled to terminate the Contract without liability to the other by written notice to the other party in the event that the performance of the Contract is impeded for more than 6 months due to a Force Majeure Event.
  14. MISCELLANEOUS
    • The Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the Client and the Company shall not be liable to the Client or any third party for any modification to or discontinuance of these Services save for the return of any prepaid sums in connection with the provision of the Services which are subsequently not provided.
    • The Company shall be free to provide its Services to third parties whether during or following the provision of the Services to the Client.
    • During the term of the Contract and for a period of 12 months thereafter, the Client agrees not to employ or engage or offer to employ or engage anyone designated by the Company to work on the Services.
    • The failure of either party to enforce or to exercise at any time or for any period of time any right pursuant to these Terms does not constitute, and shall not be construed as, a waiver of such terms or rights and shall in no way affect that party’s right later to enforce or to exercise it.
    • If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Contract.
    • Any valid alteration to or variation of these Terms must be in writing signed on behalf of each of the parties by duly authorised officers.
    • A person who is not a party to the Contract shall not have any rights under or in connection with it.
    • All notices must be in writing to Mind Map Marketing (Pty) Ltd, PO Box 337, Kloof, 3640, or such address as is advised by the Company.
  15. ENTIRE AGREEMENT

The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Company and the Client relating to these Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.

  1. LAW AND JURISDICTION
    • The Company and the Client shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Contract through negotiation provided always that either party shall be entitled at all times to exercise any of its other remedies including through taking legal action.
    • The Contract shall be governed by and construed in accordance with South African law and the parties hereby agree to submit to the non-exclusive jurisdiction of the South African courts.

 

Terms & Conditions for Website Design & Development

Mind Map Marketing is a Digital Marketing Agency servicing companies across the world.

These terms and conditions are applicable to all Web Development projects that are undertaken by Mind Map Marketing. If the project is to be hosted by Mind Map Marketing, then the same terms and conditions will apply.

The following terms and conditions document is a legal agreement between Mind Map Marketing and “Client” for the purposes of web site design or development.
These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

Mind Map Marketing is an Internet Marketing Provider offering the Client Web Design, Development and other related solutions.

1. Acceptance

All clauses in this Agreement apply to any Project undertaken for any Client by Mind Map Marketing. By accepting a Proposal or making a payment of invoice to use the services supplied by Mind Map Marketing, the Client acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions. These terms and conditions are always available on our website for review.

When the Client places an order to purchase a service from Mind Map Marketing, the order represents an acceptance of the quotation together with the Scope of Works contract provided by Mind Map Marketing.  These documents will always be sent to the Client for signature prior to commencing any work commissioned by the Client and copies of such are kept on file should the Client have need of them.

Any other services, which have not been included in the quotation – do not form part of the contract. The Client agrees to check that the details of the quotation are correct and should keep a copy for their records.

Mind Map Marketing reserves the right to withdraw from contracts at any time prior to acceptance.

2. Charges

Charges for services to be provided by Mind Map Marketing are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days (thirty) unless otherwise stated on the quotation. Mind Map Marketing reserving the right to alter or decline to provide a quotation after expiry of the original quotation.

All Web Development projects will require an advance payment of fifty (50%) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work, after final approval and before hand over of the project files/login details. Payment for services is due by bank transfer.

3. Client Review

Mind Map Marketing will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once completed.

4. Content Control

Client agrees to provide any needed information and content required by Mind Map Marketing in good time to enable Mind Map Marketing to complete a design or web site work as part of an agreed project.

Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Mind Map Marketing agrees to try to match the design as closely as is possible when building the code.

Mind Map Marketing endeavours to create pages that are search engine friendly, however, Mind Map Marketing gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Mind Map Marketing be held liable for any changes in search engine rankings because of using Mind Map Marketing code.

If an error or issue with the design or code arises from search engine analysis, then Mind Map Marketing is not held liable.

After site completion and full payment is received, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If Client or a third party of their choosing edits the web site code and these results in functionality errors or the page displaying incorrectly, then Mind Map Marketing reserves the right to quote for work to repair the web site, however Mind Map Marketing will not be held liable.

Mind Map Marketing reserves the right to assign subcontractors in whole or as part of a project if needed.

Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third-party services in case of a software or hardware failure upon completion and full payment of the project.

All communications between Mind Map Marketing and Client shall be by telephone, skype or email.

5. Payment and Non-Payment

Mind Map Marketing will provide invoices upfront and upon completion of the work for Web Development and Design and any associated services. Invoices are due within seven (5) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled on completion of their services then Mind Map Marketing will consider the account to be in default.

Additional work requested by the Client, which is not specified in the agreed quotation, is subject to a separate quotation. Mind Map Marketing reserves the right to quote or accept additional work. If Mind Map Marketing accepts additional work, the Client understands that this may affect timescale and overall delivery time of the project.

The Client can choose to either pay the full cost in one payment or split the cost into 2 payments to be agreed upon with Mind Map Marketing. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.

Once an invoice is sent to the Client it must either be paid by bank transfer, and sent with proof of payment to the relevant Mind Map Marketing email address. Mind Map Marketing reserves the right to decline further work on a project if there are invoices outstanding with the Client.

Client may request that the Mind Map Marketing cancel a project in writing by email to Mind Map Marketing and the project is cancelled only if Mind Map Marketing confirms work has not been started on the project. If Mind Map Marketing has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Mind Map Marketing for the work that has been carried out.

Non-payment of web design fees payable to Mind Map Marketing will result in the files being archived out of the main server and kept for a period of 60 days. In order to re-integrate the files back onto the main frame for publishing onto the world wide web, an additional R1000.00 reintegration fee will be charged.

All invoices are submitted by email except where required otherwise by regulations or agreed at Mind Map Marketing’s discretion.

6. Refunds & Cancellations

Mind Map Marketing will not refund deposits for work already performed on client’s design projects or hosting fees/web administration agreements that have been paid in advance.  We guarantee to honour our obligations of service as we expect our clients to honour theirs.

Hosting is paid annually upfront and if clients require to cancel or transfer their domain, one month’s written notice must be given before the expiry of the domain, if the client fails to provide this notice and the account goes into arrears, Mind Map Marketing reserves the right to suspend clients hosting accounts and a reactivation fee of R500.00 will be charged along with the back payments to reactive the account.

Mind Map Marketing reserves the right to terminate the account after 60 days and all files will be deleted from the server.

With regards to terminating any monthly website marketing packages agreed and transacted upon, we require a 1-month notice period. Not adhering to this term will result in immediate suspension of the clients account and intellectual property and a reactivation fee of R1000.00 per domain will be additionally charged.

7. Web Browsers

Mind Map Marketing shall make every effort to ensure sites are designed to be viewed by the majority of visitors. The Client agrees that Mind Map Marketing cannot guarantee correct functionality with all browser software across different operating systems.

Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Mind Map Marketing reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes at their discretion, but will not be held liable.

8. Post Project Alterations

Mind Map Marketing cannot accept responsibility for any alterations caused by the Client or a third party to the Client’s webpages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Mind Map Marketing may require a once-off Web Development charge before resolving any issues that may arise.

9. Domain Names

Mind Map Marketing may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and Mind Map Marketing will invoice the Client. Reminder emails will be sent out to the client before the domain expires. Domains ending in .co.za are automatically renewed ten (10) days before expiration. In this case, the Client must notify Mind Map Marketing that they do not wish to keep the domain, thirty days before the expiration date. The loss or cancellation of the domain brought about by non or late payment is not the responsibility of Mind Map Marketing

The Client should keep a record of the due dates for payment to ensure that payment is made in good time.

10. Liability and Warranty Disclaimer

Mind Map Marketing provides their Website Development projects and the contents thereof on an “as is” basis and makes no warranties regarding the site and its contents, or fitness of services offered for a particular purpose. Mind Map Marketing cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees Mind Map Marketing is not liable for absence of service as a result of illness or holiday.

The Client agrees Mind Map Marketing is not liable for any failure to carry out services for reasons beyond its control including but not limited to: time and unforeseen circumstances, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third-party services.

Mind Map Marketing is not liable for any consequences or financial losses including, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Mind Map Marketing to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, Mind Map Marketing cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then Mind Map Marketing can correct these errors for the Client at its own discretion, but will not be held liable for these errors.

Mind Map Marketing may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Mind Map Marketing reserves the right to quote for any updates as separate work. Client agrees Mind Map Marketing is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Mind Map Marketing harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

11. Nondisclosure

Mind Map Marketing and any third-party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Mind Map Marketing to another party.

12. Privacy Policy

This website uses website statistical analytics by Google Analytics by Google Inc. Both use cookies – text files – stored on your computer to analyse users visiting the website. Your IP address and non-identifiable information is sent to Google and used to provide an evaluation of website use. Google may send this information to third parties if required by law, or where information is processed on their behalf by third parties. Google does not associate your IP address with other data held by them. You can switch off cookies on your web browser but in doing so, it may restrict website functionality. In using this website, you accept the terms of this privacy policy and consent to the processing of data by Google.

In projects Mind Map Marketing and any third-party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

13. Interpretation

Mind Map Marketing reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Mind Map Marketing shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.

Mind Map Marketing reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Mind Map Marketing web site at https://mindmapmarketing.co.za.

By accepting a quotation or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.