Terms of Service

By accessing or using the RaveDigital website located at https://ravedigital.co.za (the "Website"), or by engaging our professional services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Website or services.

These Terms constitute a legally binding agreement between you ("Client", "you", or "your") and RaveDigital (Pty) Ltd ("we", "us", "our", or "RaveDigital"), a company registered in the Republic of South Africa.

In these Terms, unless the context indicates otherwise:

RaveDigital provides professional digital services to businesses in South Africa and internationally. Our core service offerings include:

The specific scope, deliverables, and timelines for each engagement are detailed in the applicable Service Agreement.

All professional engagements between RaveDigital and the Client are governed by a written Service Agreement that supplements these Terms. The Service Agreement will specify:

• The detailed scope of work and deliverables
• Project timeline, milestones, and delivery dates
• Fees, payment schedule, and payment methods
• Number of revision rounds included
• Responsibilities of each party
• Acceptance criteria and sign-off process

In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail to the extent of the inconsistency, provided that the limitation of liability provisions in these Terms shall always apply unless expressly and specifically varied in writing.

Project Commencement: Work on a project will commence only after the Client has accepted the Service Agreement (whether by written signature, electronic acceptance, or email confirmation) and any required deposit has been received.

Change Requests: Any changes to the agreed scope of work must be submitted in writing and will be assessed for impact on timeline and cost. RaveDigital will provide a written estimate for any additional work before proceeding. Verbal requests for changes will not be binding.

All fees for services are quoted in South African Rand (ZAR) unless otherwise specified in the Service Agreement. Payment terms are as follows:

Client Materials: The Client retains all ownership rights to materials provided to RaveDigital for use in the project, including logos, brand assets, text content, images, and data ("Client Materials"). The Client warrants that it has the right to use and provide such materials.

Deliverables: Upon receipt of full payment for the applicable project, ownership of the custom-created Deliverables (excluding Pre-Existing IP, as defined below) transfers to the Client. Until full payment is received, all Deliverables remain the property of RaveDigital.

Pre-Existing Intellectual Property: RaveDigital retains ownership of all pre-existing tools, frameworks, libraries, code snippets, methodologies, and proprietary systems used in the creation of Deliverables ("Pre-Existing IP"). The Client is granted a non-exclusive, perpetual, royalty-free licence to use the Pre-Existing IP solely as embedded within the Deliverables.

Third-Party Components: Deliverables may incorporate open-source software or third-party components. Such components are subject to their respective licences, which RaveDigital will disclose upon request.

Portfolio Rights: RaveDigital retains the right to display completed work in its portfolio, case studies, and marketing materials, unless the Client requests confidentiality in writing prior to project commencement.

To ensure the successful delivery of services, the Client agrees to:

• Provide all required content, materials, access credentials, and information in a timely manner as reasonably requested by RaveDigital.
• Designate a single point of contact with authority to make decisions and provide approvals on behalf of the Client.
• Review and provide feedback on deliverables within the timeframes specified in the Service Agreement (default: 5 business days).
• Ensure that all Client Materials provided do not infringe any third-party intellectual property rights or violate any applicable laws.
• Maintain current and accurate contact and billing information.
• Comply with all applicable laws and regulations in connection with the use of the Deliverables.

Delays caused by the Client's failure to meet these obligations may result in adjusted timelines and, where applicable, additional fees as agreed in writing.

When using our Website or any Deliverables, you agree not to:

• Use the Website or Deliverables for any unlawful purpose or in violation of any applicable local, national, or international law.
• Attempt to gain unauthorised access to any part of the Website, server, or any connected systems.
• Transmit any viruses, malware, or other harmful code through the Website.
• Scrape, crawl, or use automated means to access the Website except as permitted by our robots.txt file.
• Reproduce, distribute, or create derivative works from our Website content without express written permission.
• Use the Deliverables in a manner that is defamatory, obscene, fraudulent, or otherwise harmful to third parties.

RaveDigital reserves the right to suspend or terminate access to any services if we reasonably believe a violation of these terms has occurred.

RaveDigital warrants that:

• Services will be performed with reasonable skill and care, consistent with generally accepted industry standards.
• Deliverables will materially conform to the specifications outlined in the applicable Service Agreement.
• We have the right and authority to enter into agreements and provide the services described.

Defect Rectification: If any Deliverable does not materially conform to the agreed specifications, RaveDigital will, at its own cost, rectify the defect within a reasonable time, provided the Client notifies us in writing within 30 days of delivery.

No Guarantee of Results: While we design our services to improve your digital presence and lead generation, RaveDigital does not guarantee specific business outcomes, search engine rankings, conversion rates, or revenue increases. Results depend on numerous factors beyond our control.

Cap on Liability: To the maximum extent permitted by applicable law, the total aggregate liability of RaveDigital, its directors, employees, and agents, arising out of or in connection with these Terms or any Service Agreement, whether in contract, delict (tort), strict liability, or otherwise, shall not exceed the total fees actually paid by the Client to RaveDigital under the applicable Service Agreement during the twelve (12) months immediately preceding the event giving rise to the claim.

Exclusion of Consequential Damages: In no event shall RaveDigital be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Business interruption or downtime costs
• Cost of procurement of substitute services
• Any damages arising from reliance on the services or deliverables

These limitations apply regardless of whether RaveDigital has been advised of the possibility of such damages and regardless of the failure of the essential purpose of any limited remedy.

Exceptions: Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under South African law, including the Consumer Protection Act 68 of 2008 where applicable.

The Client agrees to indemnify, defend, and hold harmless RaveDigital, its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's breach of these Terms or any Service Agreement.
• The Client's use of the Deliverables in a manner not contemplated by the Service Agreement.
• Any claim that Client Materials infringe or violate the intellectual property rights or other rights of any third party.
• The Client's violation of any applicable law or regulation.

This indemnification obligation shall survive the termination of these Terms and any Service Agreement.

Termination by Client: The Client may terminate a Service Agreement at any time by providing written notice to RaveDigital. Upon termination by the Client:

• All fees for work completed up to the date of termination are immediately due and payable.
• Any deposit paid is non-refundable.
• The Client will receive all completed Deliverables for which payment has been made.
• Work in progress will be delivered in its current state upon payment for work completed.

Termination by RaveDigital: RaveDigital may terminate a Service Agreement if:

• The Client fails to make payment within 30 days of the due date after written notice.
• The Client materially breaches these Terms or the Service Agreement and fails to remedy the breach within 14 days of written notice.
• The Client becomes insolvent, enters liquidation, or is placed under business rescue.

Effect of Termination: Termination does not affect any rights or obligations that accrued prior to termination. Sections relating to intellectual property, limitation of liability, indemnification, confidentiality, and dispute resolution shall survive termination.

Both parties agree to keep confidential all information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). This includes, but is not limited to, business plans, financial information, technical data, customer lists, and proprietary methodologies.

Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except:

• To employees, contractors, or advisors who need to know the information to perform their duties, provided they are bound by confidentiality obligations no less restrictive than those in these Terms.
• Where disclosure is required by law, regulation, or court order, provided the receiving party gives the disclosing party prompt written notice where legally permitted.
• Information that becomes publicly available through no fault of the receiving party.

This confidentiality obligation shall survive for a period of two (2) years following the termination of the Agreement.

RaveDigital is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and, where applicable, the General Data Protection Regulation (GDPR).

Our collection, use, and processing of personal information is described in our Privacy Policy. By using our Website or services, you consent to the collection and use of your information as described therein.

For information about how we use cookies and similar technologies, please refer to our Cookie Policy.

Where RaveDigital processes personal information on behalf of the Client as part of a service engagement, we will act as an "operator" (as defined in POPIA) and will process such information only in accordance with the Client's lawful instructions and the applicable Service Agreement.

The parties agree to resolve any disputes arising out of or in connection with these Terms or any Service Agreement in the following manner:

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction where necessary to protect its rights.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party ("Force Majeure Event"). Force Majeure Events include, but are not limited to:

• Natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government sanctions
• Power outages, internet disruptions, or telecommunications failures
• Load shedding or rolling blackouts affecting service delivery
• Acts of government, legislative changes, or regulatory actions
• Cyberattacks, data breaches, or system failures beyond reasonable prevention

The affected party must promptly notify the other party in writing of the Force Majeure Event and use reasonable efforts to mitigate its impact. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Service Agreement without liability.

RaveDigital reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" and "Effective" dates at the top of this page.
• Post a notice on our Website for a reasonable period.
• Where practicable, notify existing clients by email of significant changes.

Your continued use of the Website or services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of the Website and notify us if you wish to terminate any active Service Agreement.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The following legislation is particularly relevant:

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the economic and legal intent of the original provision.

These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party.

If you have any questions about these Terms of Service, or if you wish to exercise any of your rights under these Terms, please contact us: