Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Logi-Ink ("Company," "we," "us," or "our") concerning your access to and use of the website logi-ink.co.za (the "Site") and our services.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site or services. Your use of the Site is also subject to our Privacy Policy, which explains how we process personal information.

2. Use of the Site

2.1 Eligibility

You must be at least 18 years old to use our Site and services. By using our Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2.2 Acceptable Use

You agree to use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, national, or international law or regulation
• Transmit any material that is defamatory, obscene, offensive, or harmful
• Infringe upon the intellectual property rights of others
• Attempt to gain unauthorized access to our Site, servers, or systems
• Introduce viruses, malware, or other harmful code
• Interfere with or disrupt the Site or servers
• Use automated systems (bots, scrapers) to access the Site without permission
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users
• Use the Site for any commercial purpose without our express written consent

3. Services

3.1 Service Description

Logi-Ink is a Pretoria-based digital agency. Depending on your proposal or service agreement, Services may include website design and development, e-commerce builds, SEO, Google Ads management, social media management, hosting and maintenance, brand and graphic design, content/copywriting, business registration support, and related consulting. The definitive scope, deliverables, timelines, and fees are those stated in your quotation, proposal, or signed agreement.

3.2 Service Agreements

Specific terms for individual projects or services will be outlined in separate service agreements, proposals, or contracts. In the event of a conflict between these Terms and a specific service agreement, the service agreement shall prevail.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4. Intellectual Property Rights

4.1 Our Content

The Site and its original content, features, and functionality are owned by Logi-Ink and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Your Content

You retain ownership of any content, materials, or information you provide to us ("Your Content"). By providing Your Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing our Services to you.

4.3 Work Product

Upon full payment for our Services, ownership of the final work product (excluding third-party materials and our proprietary tools) will transfer to you as specified in the applicable service agreement. We retain the right to use completed projects in our portfolio and marketing materials unless otherwise agreed in writing.

5. Website Access (No User Accounts on This Site)

This marketing Site does not require you to create a user account. If we later offer client portals or account-based features, separate credentials terms will apply and will be communicated at signup. You remain responsible for keeping any credentials we issue for third-party tools (for example hosting or analytics) confidential.

5A. Cooling-Off Period (ECTA)

Where the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") applies to a consumer electronic transaction for standard digital products supplied by us, you may have a statutory cooling-off right (commonly seven days) as provided in ECTA. Cooling-off generally does not apply to custom development, bespoke design, or services that have already commenced or been substantially performed with your consent. Business-to-business engagements are typically governed by the applicable service agreement rather than consumer cooling-off rules. Nothing in this section limits non-excludable consumer protections under South African law.

6. Payment Terms

6.1 Pricing

All prices for our Services are as displayed on our Site or as specified in service agreements. Prices are subject to change without notice, but changes will not affect existing service agreements.

6.2 Payment

Payment terms will be specified in individual service agreements. Generally:

• Payment is due as specified in the service agreement
• We typically invoice via bank transfer (EFT). Other methods (for example card payments through a payment service provider) may be agreed in writing. This Site does not process card payments itself.
• All prices are in South African Rand (ZAR) unless otherwise specified
• Late payments may incur interest charges as specified in the service agreement

6.3 Refunds

Refund policies will be specified in individual service agreements. Generally, we do not offer refunds for completed work, but may consider refunds for cancelled projects on a case-by-case basis.

6.4 Payment Overdue and Service Suspension

Logi-Ink reserves the right to suspend or terminate services (including hosting and SEO) if payment is overdue by more than 7 days.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. However, we do not guarantee specific results or outcomes.

7.2 Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.3 Third-Party Services

Our Services may integrate with or rely on third-party services, tools, or platforms. We are not responsible for the availability, functionality, or content of third-party services.

7.4 Availability / Hosting

Where we provide or manage hosting, we aim for high availability consistent with industry practice and any service levels stated in your agreement. We are not liable for interruptions caused by third-party infrastructure providers, upstream networks, force majeure, or factors beyond our reasonable control, except as required by non-excludable law or an express written SLA.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGI-INK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.

To the maximum extent permitted by law, Logi-Ink's total liability for any claim arising from our services is limited to the total fees paid by the client in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Logi-Ink and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any content you submit, post, or transmit through the Site

10. Termination

We may suspend or terminate access to the Site or ongoing Services where you materially breach these Terms or an applicable service agreement, after notice where reasonably practicable. Project-specific termination, notice periods, and fees are governed by your service agreement. Upon termination of Site access, your right to use the Site ends; provisions that by nature should survive (including IP, payment, disclaimers, indemnity, and liability limits) continue to apply.

11. Dispute Resolution

11.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. The governing law and jurisdiction for all disputes is explicitly the Republic of South Africa.

11.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms or our Services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If such negotiations are unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of South Africa, or through the courts of South Africa.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and Services.

14. Third-Party Operators and Tools

The Site and Services may depend on third-party platforms (for example form processors, analytics, CAPTCHA, CDN/security, hosting, advertising platforms, or messaging apps). Their availability and terms are outside our control. Personal information shared with such operators is described in our Privacy Policy.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

16. Acknowledgment

By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.