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1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website and stationary Design, Development and apply to all contracts and all work undertaken by Magoven Creative Studio (Pty) Ltd t/a Magoven Creative Studio, for its clients.

2. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and any development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. As the client, you will receive 18 full hours of access to the website and any other design projects, during which time you are to note all desired changes. However any major deviation from the specification will be charged at the rate of R250.00 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases.It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and the 50% balance of the project price will become due. You have the opportunity to review the final product. You must notify us in writing of any unsatisfactory points within 2 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 2-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

7. REJECTED WORK

If you reject any of our work within the 2-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover any remaining payment for the completed work.

8. PAYMENT

Upon completion of the amendments noted by yourself during the 18-hours period, we will invoice you for the 50% balance of the project.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications (which we will then use as we see fit to complement the overall  design of your website). You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Magoven Creative Studio under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting, website maintenance or comparable expenses.

17. BACKUPS & MAINTENANCE

Unless agreed to Magoven Creative Studio’s monthly lease package, all clients are responsible for regularly maintaining their own website and backups with respect to the website.

Magoven Creative Studio we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. Any backup restorations or maintenance done by Magoven Creative Studio will be charged for.

Magoven Creative Studio is under no obligation to provide instructions/ training on maintenance/ coding/ content management or backup creation for any website created by Magoven Creative Studio.

18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration, web hosting and emails that we registered on your behalf after you settle all amounts payable to us.

19. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Republic of South Africa. You and Magoven Creative Studio submit to the non-exclusive jurisdiction of the courts in and of Republic of South Africa in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

20. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

21. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Magoven Creative Studio and its subcontractors from any claim, penalty, vat, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

22. WARRANTIES & LIABILITIES
22.1. Limited Warranty:

Magoven Creative Studio provides a limited warranty for websites and systems that are developed and designed by Magoven Creative Studio. This warranty is valid for up to 90 days from the date of launch of the website or system or from the date that Magoven Creative Studio determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Magoven Creative Studio that are “in scope” for a project scope and contracted project or that are clearly specified in the applicable written quote.

Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be “not working” when assessed by Magoven Creative Studio against the project scope or the written quote specifications, Magoven Creative Studio will “fix” the bug or problem or fault in the website or system at no cost to the Client where Magoven Creative Studio determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by Magoven Creative Studio during the execution of the works in question.

This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system hosting or the relevant hosting control panel by Magoven Creative Studio.

This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written permission and approval of Magoven Creative Studio.
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.

22.2. Website

Magoven Creative Studio will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.

Any warranty or guarantee provided by Magoven Creative Studio for a website is conditional upon the website being hosted by Magoven Creative Studio on hosting servers run and operated by Magoven Creative Studio that have restricted access to the hosting server and/or the hosting control panel for the hosting server.

Any warranty or guarantee provided by Magoven Creative Studio for a website is rendered null and void if the client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.

Magoven Creative Studio can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, Magoven Creative Studio will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.

Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Magoven Creative Studio is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.

22.3. Search Engine Optimisation Services

Whilst Magoven Creative Studio will try to improve the position of the client’s Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful nor can Magoven Creative Studio warrant the time that the position a search engine will be held.
Magoven Creative Studio cannot be held responsible for any changes to the position of the client’s Website in the Search Engines results pursuant to the provision of search engine optimisation services by Magoven Creative Studio.

22.4. Copyright And Intellectual Property

Magoven Creative Studio is not responsible for the contents and data of any Web Site we design for the client, and upon publication the client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the client has provided to us.
Magoven Creative Studio is similarly not responsible for the client’s subsequent use of the site and compliance of various Governmental  legislations.

22.5. Domain Name

Magoven Creative Studio is not responsible for the client’s choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the ZADNA governing laws.

22.6. Client’s Third Party

Magoven Creative Studio is solely not responsible for the performance of the product or service if the client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the client may be liable for charges or fees incurred by Magoven Creative Studio for the repair of any product or service if the client or their third party installs any unapproved software into the product or service supplied by Magoven Creative Studio.

22.7. Data And Proofing

Magoven Creative Studio shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
Magoven Creative Studio is not responsible or held liable for any errors contained in the final product after the final product, this remains the final responsibility of the client.
Magoven Creative Studio cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.

22.8. Hosting

Magoven Creative Studio shall use reasonable endeavours to provide continuing availability of the hosting server and the services, but Magoven Creative Studio shall not, in any event, be liable for service interruptions or down time of the server.
Magoven Creative Studio operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from client access or third party access.

Magoven Creative Studio does not ordinarily provide clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. That if a client formally requests and is provided access to their hosting server by Magoven Creative Studio, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee including the 1st Level Support provided by Magoven Creative Studio.

Magoven Creative Studio will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

22.9. Hosting- 1st Level Support

All CMS or ecommerce websites hosted by Magoven Creative Studio include up to 4 hours per calendar month of 1st level support which includes standard tasks on the hosting control panel such as setting up email accounts or domain name parking. It also includes general support for standard tasks and functions in the CMS or ecommerce system.
If the 4 hours of support is not used in any given month, the included hours expires at the end of the month and does not roll over to the subsequent month.

Custom hosting plans do not include additional hours of 1st level support unless otherwise agreed to in writing.

Any excess 1st level support provided in a given calendar month will be charged at the standard hourly rate applicable.
1st Level Support is rendered null and void if the client accesses the hosting server using FTP or the hosting control panel.

22.10. Loss

In no event will Magoven Creative Studio be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify Magoven Creative Studio from and against any claim by any party claiming any such damage against Magoven Creative Studio.

Magoven Creative Studio will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by Magoven Creative Studio or its agents / third party partners.
Technology Compatibility

Magoven Creative Studio will ensure that any website or application will function correctly on the server to which it is initially installed.
Magoven Creative Studio can offer no guarantee of correct function with all browser software including future releases.

22.11. General Liabilities

Magoven Creative Studio may from time to time and without notice or liability to the client suspend any of the services if the reason for doing same is an event beyond the reasonable control of Magoven Creative Studio.
Magoven Creative Studio will not be liable or become involved in any disputes between the site owner and their clients and Magoven Creative Studio cannot be held responsible for any wrongdoing on the part of a site owner.

23. DESIGN CREDIT

A link to Magoven Creative Studio will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than R3700, a fixed fee of R600 will be applied. The Client also agrees that the website developed for the Client may be presented in Magoven Creative Studio’s portfolio.

24. Cancellations

24.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.

24.2. Magoven Creative Studio will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 24.1.

24.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.

24.4. Magoven Creative Studio reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein

2020 Website Giveaway Promotion

Defining Terms
entity – an entity is one person or one company that wishes to enter the completion

  1. No Purchase Necessary
    • No purchase necessary to enter or win. Contracting services with Magoven Creative Studio (Pty) Ltd does not improve chances of winning.
  2. Promotion Description
    • Every entity that signs up for our newsletter from while the contest is taking place will receive a link to a signup form where the entity can get one entry for a chance to win a free professionally developed website. See prize info below.
  3. Eligibility
    • This promotion to anyone over the age of 18 years.
    • You must enter through the 3 steps outlined on the competition advertisement.
    • Participants must be in the market for a new website and may only redeem the prize for themselves or a company that they personally own.
  4. Prizes
    • A Basic Custom Business Website will be given away. Custom Business Websites are valued at R3700 and the maximum hourly time allotted to a winning Custom Business Website is 9hrs (including setup and development).
    • Drawing Date
      • 31/10/20
    • Prizes are not redeemable for cash and prizes are not transferable but the prize’s value can be used as credit towards an upgraded website package.
    • The work on your new website must start within 3 months of winning.
  5. Winner Selection
    • Winners will be selected at random using commentpicker.com.
    • Odds of winning are dependent on how many entries are received.
    • You can only win one prize.
  6. Winner Notification
    • Winners will be notified by by Direct Messaging on the Social Media Platform used to enter the competition..
    • Winners have 2 weeks to redeem their prize. If they do not redeem their prize within 2 weeks of the notice they forfeit their prize and it will be given away to another participant by random selection.
    • A winner’s new website project will be added to our current work schedule which can put a 2-4 week waiting period on the front end of starting your project.
  7. Privacy
  8. Limitation of Liability
    • By entering you agree to release and hold harmless Magoven Creative Studio (Pty) Ltd and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
  9. General
    • Terms are subject to change without notice.
    • Winners are required to agree to our standard website design terms & conditions prior to accepting the prize.
    • If any term of this Giveaway is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
    • Winners agree to have their first name and first initial of their last name shown on the internet to prove who has won.
    • Winners agree to grant to Magoven Creative Studio (Pty) Ltd and its affiliates and assigns Magoven Creative Studio (Pty) Ltd the right and permission to use in perpetuity, their name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Magoven Creative Studio (Pty) Ltd’s products and services, without review, permission or compensation of any amount or kind whatsoever. Magoven Creative Studio (Pty) Ltd shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Magoven Creative Studio (Pty) Ltd to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as Magoven Creative Studio (Pty) Ltd may elect in its sole discretion.
  10. Web Hosting
    • Magoven Creative Studio (Pty) Ltd will provide 2 months free hosting on it’s hosting servers.
    • The winner will be liable for a hosting fee of R100 per month thereafter

Sponsor

  • Legal Name & Registered Address: Magoven Creative Studio (Pty) Ltd
  • 5820 Hillside Ave, Woodhill Estate, Polokwane, 0699
    info@magoven.co.za

 

Online Store Terms & Conditions

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.

Introduction and Agreement
This website (“Site”) is owned by Magoven Creative Studio (Pty) Ltd T/A Magoven Creative Studio (“the Company” / “us” / “we”).

The Site incorporates the Magoven Creative Studio Online Site and, except where the context otherwise indicates, references to “the Site” include the Magoven Creative Studio Online Site. The Site promotes the sale of the Company’s products as well as other products (collectively “the Products”).

By shopping or browsing on this Site, you:

  • Represent and warrant that you have read and understood these terms and conditions as well as the policies displayed on this Site; and
  • Agree to be bound by these terms and conditions as well as the policies (collectively “the Agreement”).

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.

Product Pricing and Availability
The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.

Colours
We have made every effort to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor’s display of any colour will be accurate.

Intellectual Property
All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company.
The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the Products.

Any use of materials on the Site other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.

Trademarks
“Magoven Creative Studio”, the Magoven Creative Studio logo as well as the Company logo and all other marks, logos and trade names appearing on this Site are trademarks of either the Company, its holding company or affiliates in the Republic of South Africa, or of third parties who have authorised the Company to display such trademarks on the Site. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Site without the express prior written consent of the Company. Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site. You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

Unlawful use
You shall not use this Site to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Site.

Links and Advertising
No person, business or other website may link to any page on this Site without the prior written permission of the Company.
External hyperlinks may be provided on the Site, but such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this Site to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.

Any advertising and other promotional material that may be displayed on the Site from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such advertising or promotional material on the Site, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.

Disclaimers and Exclusions of Liability
You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.

The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times.
The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, Products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

The Company does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the Products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the Products or services.

The Company, its directors, employees, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of Products or services supplied by the Company pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company’s liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the Product(s) in respect of which any such dispute or claim arises.

By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the Products and that all the details you have provided are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

Security
You agree and warrant that your user name and password shall be used for your personal use only and shall not be disclosed to any third party. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Site, including associated applications.

The content contained on the Site may be used by you for your own personal shopping and information purposes only. In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page shall be prosecuted.
General Terms
The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Durban, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
The Company chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at 7 Ajolote Street, Polokwane Ext28, Polokwane, Limpopo, 0700 and marked for the attention of the Financial Director.
General Information
The Company’s:

  • registration number is 2020/187776/07
  • directors details may be located here:
  • registered office address is 7 Ajolote Street, Polokwane Ext28, Polokwane, Limpopo, 0700.
  • website address is: www.bohlabelacorp.co.za
  • email address is: admin@bohlabelacorp.co.za

Electronic Communication
When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for Products, you:

  • consent to receiving communications from the Company electronically;
  • agree that all notices, disclosures and other communications sent by the Company, including this Agreement, satisfies any legal requirements, including but not limited, to the requirement that such communications should be ‘in writing’;
  • agree that the Company may use your information to contact you about promotions and special offers if you have indicated during registration that you would like to receive such information. You are entitled, at any stage, to opt out of this service. We shall not sell or rent information about you including, without limitation, your name, identity number, address, email address and contact telephone number (“personal information”) to any third parties; and
  • agree that the Company may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law, e.g. for accounting purposes.

Magoven Creative Studio ONLINE SITE TERMS
To purchase Products from the Magoven Creative Studio Online Site you must first register your personal information. Registration and/or use of the Magoven Creative Studio Online Site constitutes acceptance of this Agreement by you, and shall accordingly apply as between the Company and yourself.

To buy Products on the Magoven Creative Studio Online Site you must be over the age of 18 (eighteen) and be the holder of a valid credit card (e.g. a MasterCard or Visa card) (“Credit Card”). Or have access to electronic banking in order to make payment via EFT.

Online Registration
To register to buy Products you will be required to provide us with your personal information including payment details and your South African delivery address and contact information to enable us to verify who you are and deliver any products that you have bought.
You may be required to choose a user name and a password, or elect to checkout as a guest customer. Please keep your password secret. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password shall:

  • be used for personal use only; and
  • not be disclosed to any third party.

You will be required to login with your username and password each time you want to buy Products on the Magoven Creative Studio Online Site. Should you want to review and/or change any of your particulars please go to ‘My Account’.
Guest customers will not have a registered account. You will be able to track and trace the progress of your orders delivery, using the link in the email that is sent to you. Your delivery address and contact details is required to facilitate the delivery of your order.

Security
The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.

For further information please refer to the Security Policy.

Pricing
Subject to availability, the price you pay for Products will be the price shown on the Magoven Creative Studio Online Site on the date that you pay for such Products.

Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Time-based pricing is only available during the times and dates stipulated on the Site.

The price of each Product is the price displayed on the Magoven Creative Studio Online Site. In the event of a Product being on special, this price will be displayed. All prices are quoted in South Africa Rand (ZAR) and exclude VAT at the rate of 14%, unless otherwise stipulated. Prices are only valid on the Site and not in Magoven Creative Studio stores. Delivery costs are calculated taking into account the area of delivery as well as the weight and product dimensions of each Product being delivered, and are quoted separately.

Whilst all precautions are taken by the Company to provide the correct pricing on this Site, in the event that an error does occur, the Company will make every effort to contact you to cancel the purchase and provide a full refund for the original amount paid. As such the Company will not be obliged to provide you with the affected Product at such incorrect price.

Free delivery promotions are limited to web orders only.

Payment
Prior to delivery of the Products to you, the Company shall be entitled to debit the Credit Card supplied by you on acceptance of your order should you be paying with a Credit Card.

Should you pay for the Products via EFT the Products will only be delivered to you once your payment has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement within 3 working days of date of the placement of your order.

By submitting an order to buy Products you:

  • represent and warrant that you are over the age of 18 (eighteen);
  • represent and warrant that you are authorised to make payment with a Credit Card if you are paying via this mechanism;
  • represent and warrant that there are sufficient funds available to pay for the order; and
  • consent to us providing your personal information to our third party payment provider, which is necessary to enable us to perform our obligations in terms of this Agreement.

In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
No other method of payment, including by gift vouchers, will be accepted by the Company in respect of the purchase of Products on the Magoven Creative Studio Online Site.

Stock Availability
The Company cannot always guarantee availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.

Confirmation of Orders
Orders placed on the Magoven Creative Studio Online Site constitute your offer to purchase Products subject to this Agreement. Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.

Agreement of Sale
An agreement of sale in respect of a Product between the Company and you only comes into effect if and when a Credit Card authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT, and the order has been invoiced. The Company reserves the right to:

  • refuse to accept and/or execute an order without giving any reasons; and
  • cancel orders in whole or in part in its sole and absolute discretion.

The Company shall only be liable to refund monies already paid by the user. A delivery fee will be charged each time Products are delivered to you.

Collections
We do not currently offer a collection option from Magoven Creative Studio stores.

Cancellation
If you would like to cancel an order this may be done by emailing the Company on sales@bohlabelacorp.co.za or by contacting our Call Centre on 087 701 2582. You will be able to cancel an order up until the point a Branding Layout is approved. No penalty charges will be levied against cancelled orders prior to the abovementioned cut-off time. The Company will, however, be entitled to recover from you the direct cost of recovering the Products.

The Company will only accept a cancellation of an order in circumstances where the Products are unbranded and returned to the Company in their original condition together with the packaging within 10 (ten) days after delivery to you, and provided the Products have not been used or otherwise altered in any way whatsoever.

The Company shall be entitled to retain any payment already received from you in respect of delivery fees where a Product has already been delivered to you prior to your cancellation of the order, as set out above. You may return a Product, at your cost, to any Magoven Creative Studio store provided you have the original invoice/proof of purchase.

If you cancel your payment for any reason or if your Credit Card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the Company the full purchase price, including all costs incurred by the Company in respect of any Products already delivered to you, and which you have not returned to the Company as set out above.

Without prejudice to any other rights or remedies in law, the Company shall be entitled to cancel forthwith any sale and/or your registration if you should breach any of your obligations.

Replacement Products and Refunds
Should the Company supply the incorrect Product or if the Product supplied is damaged or faulty, the Company shall exchange the Product for a new one, provided that the damaged or incorrect unit is returned in its original packaging with all warranty cards, manuals and accessories within 10 (ten) days of the delivery of the Product to you. Cash refunds will not be given. The Company will replace any damaged or faulty Product or an incorrect Product with a new Product within a reasonable amount of time. In the case of refunds, any monies due to you will be paid back into the bank account from which payment was received from you.

Items with seals on them such as laptops, cell phones etc will not be accepted back if the seal is broken. This will be regarded as an used item.

Warranties
To the extent that the Products are altered contrary to the instructions, or after having been delivered to the delivery address stipulated by you the Products or property in which the Products are installed have been subjected to misuse or abuse, the Company and/or manufacturer of the Products will not be obliged to honour any warranties applicable to such Products. Warranties do not apply to ordinary wear and tear.