Important notice: By engaging Mavox Consulting's services, accessing our website, or signing any proposal or service agreement, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or engage our services.
Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
Acceptance of Terms
These Terms and Conditions form the basis of the legal relationship between you and Mavox Consulting. By doing any of the following, you agree to be bound by these Terms:
- Accessing or using our website at www.mavox.co.za
- Signing, accepting, or countersigning a proposal, quotation, or Statement of Work
- Making payment of any invoice or deposit
- Requesting or commencing receipt of any Services
- Corresponding with us in relation to a prospective or ongoing engagement
These Terms apply to all Services provided by Mavox unless expressly varied in writing by a duly authorised representative of Mavox. In the event of conflict between these Terms and any specific project agreement, the specific project agreement shall prevail to the extent of the inconsistency.
These Terms and Conditions were last updated on 1 August 2026. We reserve the right to update these Terms at any time. Continued use of our services after notification of changes constitutes acceptance of the updated Terms.
Use of Our Website
3.1 Permitted Use
You may use our website for lawful purposes only, in accordance with these Terms. You agree not to:
- Use the website in any manner that violates any applicable local, national, or international law or regulation
- Transmit any unsolicited or unauthorised advertising or promotional material
- Knowingly transmit any data, or send or upload any material that contains viruses, trojans, worms, or any other malicious or technologically harmful material
- Attempt to gain unauthorised access to any part of the website, the server on which it is stored, or any connected systems or networks
- Scrape, crawl, or systematically extract content from this website without our prior written consent
- Use the website in a way that could damage, disable, overburden, or impair the website or disrupt other users' use of it
3.2 Accuracy of Information
We make reasonable efforts to ensure that information on our website is accurate and up to date. However, website content (including pricing, service descriptions, and availability) is provided for general information purposes only and does not constitute a binding offer. All prices displayed are indicative and subject to formal quotation.
3.3 Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only. We have no control over the content, privacy practices, or availability of those websites and accept no responsibility or liability for them.
3.4 Website Availability
We do not guarantee that our website will be available at all times, error-free, or free from viruses. We reserve the right to suspend, restrict, or terminate access to the website at any time without notice.
Services & Scope of Work
4.1 Service Engagement
All Services are formally engaged through a written proposal, quotation, or Statement of Work (SOW) issued by Mavox. No Services will commence until a SOW or proposal has been accepted by the Client, a deposit (where applicable) has been received, and Mavox has confirmed commencement in writing.
4.2 Scope of Work
The specific scope, deliverables, timeline, and fees for each engagement are set out in the applicable SOW. Any work requested that falls outside the agreed scope constitutes a change request and will be subject to a separate quotation and approval process. Mavox is not obligated to carry out out-of-scope work until a change request has been formally agreed in writing.
4.3 Subcontracting
Mavox reserves the right to engage qualified subcontractors or freelancers to perform elements of the Services, provided that Mavox remains fully responsible to the Client for the quality and delivery of all Deliverables.
4.4 Service Standards
Mavox will perform the Services with reasonable care, skill, and diligence, in accordance with generally accepted industry standards applicable to the type of Services being provided.
Client Obligations
The Client agrees to fulfil the following obligations, without which Mavox cannot be held responsible for delays or failure to deliver:
- Provide accurate, complete, and timely information, content, access credentials, and materials required for the Services
- Designate a single authorised point of contact with the authority to approve work and make decisions on behalf of the Client
- Review and provide written feedback on drafts and deliverables within the timeframes specified in the SOW (or within 5 Business Days if no timeframe is specified)
- Ensure all content, images, logos, and materials provided to Mavox are owned by the Client or properly licensed for use, and do not infringe any third-party rights
- Pay all invoices in accordance with the payment terms set out in Section 6
- Obtain all necessary approvals, licences, and authorisations required to enable Mavox to perform the Services
- Notify Mavox promptly of any change in requirements, circumstances, or information that may affect the Services
Delays caused by the Client's failure to fulfil these obligations may result in timeline extensions and/or additional charges. Mavox will notify the Client in writing of any impact on the project schedule or cost.
Fees, Invoicing & Payment
6.1 Fees
Fees for Services are as quoted in the accepted proposal or SOW. All quoted prices are in South African Rand (ZAR) and exclude Value Added Tax (VAT) unless expressly stated otherwise. VAT will be added at the applicable rate where Mavox is registered as a VAT vendor.
6.2 Payment Terms
6.3 Late Payment
Invoices not paid by the due date will accrue interest at the rate of 2% per month (compounded monthly) on the outstanding balance from the due date until the date of payment. Mavox reserves the right to suspend Services without liability where payment is more than 14 calendar days overdue, and to terminate the Agreement where payment is more than 30 days overdue.
6.4 Disputed Invoices
If the Client disputes any portion of an invoice, the Client must notify Mavox in writing within 7 Business Days of the invoice date, setting out the grounds for the dispute. Undisputed amounts remain due and payable by the original due date.
6.5 Expenses
Unless otherwise stated in the SOW, reasonable out-of-pocket expenses incurred in performing the Services (including travel, accommodation, software licences, and third-party costs) will be charged to the Client at cost, subject to prior written approval where such expenses exceed R500.
Delivery, Timelines & Acceptance
7.1 Timelines
Estimated delivery timelines are stated in the applicable SOW. These timelines are contingent on the Client fulfilling its obligations in Section 5 above and are subject to change due to Client delays, scope changes, or circumstances beyond Mavox's reasonable control. Mavox will notify the Client promptly of any anticipated delay and its cause.
7.2 Revisions
Unless otherwise stated in the SOW, the following revision allowances apply:
- Websites (Starter): 2 rounds of revisions per page/section
- Websites (Professional & Enterprise): 3 rounds of revisions per page/section
- Design work (logos, graphics, banners): 2 rounds of revisions
- Content / copywriting: 2 rounds of revisions per piece
Additional revision rounds requested by the Client beyond those included will be charged at Mavox's then-current hourly rate.
7.3 Acceptance
Upon delivery of each Deliverable, the Client has 5 Business Days to review and either: (a) provide written acceptance; or (b) provide detailed written feedback specifying any defects or non-conformances. If the Client does not respond within 5 Business Days, the Deliverable shall be deemed accepted.
7.4 Defects
Where the Client identifies genuine defects (i.e. failure to meet the agreed specifications in the SOW), Mavox will remedy such defects at no additional charge within a reasonable timeframe. This remedy obligation does not apply to issues arising from Client-provided content or assets, third-party services, or changes in Client requirements.
Intellectual Property
8.1 Client Materials
The Client retains all Intellectual Property rights in materials, content, logos, data, and other assets provided to Mavox for use in delivering the Services ("Client Materials"). The Client grants Mavox a non-exclusive, royalty-free licence to use Client Materials solely for the purpose of performing the Services.
8.2 Deliverables — Ownership After Full Payment
Upon receipt of full and final payment for all fees and expenses owing under an Agreement, Mavox assigns to the Client all Intellectual Property rights in the custom Deliverables created specifically for the Client under that Agreement.
Important: Title to Deliverables does not pass to the Client until all outstanding amounts have been paid in full. Mavox reserves the right to remove, take down, or disable access to Deliverables in the event of non-payment.
8.3 Mavox Pre-existing IP and Tools
Mavox retains all Intellectual Property rights in:
- Pre-existing code, frameworks, tools, templates, processes, methodologies, and know-how used in delivering the Services
- Any general-purpose software libraries, components, or utilities developed by Mavox that are incorporated into Deliverables
Where Mavox incorporates pre-existing IP into Deliverables, Mavox grants the Client a non-exclusive, perpetual, royalty-free licence to use such elements as incorporated in the final Deliverable.
8.4 Third-Party IP
Where Deliverables incorporate third-party open-source software, stock images, fonts, or licensed components, the Client's use of such elements is subject to the applicable third-party licence terms. Mavox will inform the Client of material third-party IP incorporated in Deliverables.
8.5 Portfolio Rights
Unless the Client expressly requests otherwise in writing, Mavox reserves the right to showcase completed Deliverables in its portfolio, website, proposals, and marketing materials, with appropriate attribution to the Client's brand or project (but not disclosing confidential project details).
Confidentiality
9.1 Mutual Obligation
Both parties agree to keep confidential all Confidential Information received from the other party and to use it only for the purpose of performing obligations under the Agreement. Each party will protect the other's Confidential Information with the same degree of care it uses for its own confidential information, but in any event no less than reasonable care.
9.2 Exceptions
The obligation of confidentiality does not apply to information that:
- Is or becomes publicly available through no fault of the receiving party
- Was already known to the receiving party prior to disclosure
- Is received from a third party without restriction
- Is required to be disclosed by law, court order, or regulatory authority (in which case the disclosing party will give the other party prompt notice where legally permitted)
9.3 Duration
The confidentiality obligations in this Section survive the termination or expiry of the Agreement for a period of 3 years from the date of disclosure.
9.4 POPIA
Where either party processes personal information on behalf of the other in connection with the Services, the parties agree to comply with their respective obligations under POPIA. Where required, the parties will enter into a separate data processing agreement. Mavox's Privacy Policy is available at www.mavox.co.za/privacy-policy.html.
Warranties & Representations
10.1 Mavox Warranties
Mavox warrants that:
- It has the authority, capacity, and rights to enter into and perform the Agreement
- The Services will be performed with reasonable care and skill by suitably qualified personnel
- To the best of its knowledge, the Deliverables will not infringe the Intellectual Property rights of any third party
- It will comply with all applicable South African laws and regulations in performing the Services
10.2 Client Warranties
The Client warrants that:
- It has the authority, capacity, and rights to enter into and perform the Agreement
- All Client Materials provided to Mavox are owned by the Client or properly licensed, and their use by Mavox will not infringe any third-party rights
- All information provided to Mavox is accurate and complete to the best of the Client's knowledge
- It will use the Deliverables and the Services in compliance with all applicable laws
10.3 Disclaimer of Implied Warranties
Except as expressly stated in these Terms, all warranties, conditions, and representations, whether express or implied by statute, common law, or otherwise (including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement) are excluded to the fullest extent permitted by law.
10.4 Website Content
Content on our website is provided for general information only and does not constitute professional advice. Mavox does not warrant that the website will be uninterrupted, error-free, or free from viruses.
Limitation of Liability
Please read this section carefully — it limits the extent of Mavox's liability to you.
11.1 Cap on Liability
To the maximum extent permitted by applicable law, Mavox's total aggregate liability to the Client under or in connection with the Agreement (whether in contract, delict, negligence, or otherwise) shall not exceed the total fees actually paid by the Client to Mavox under the specific Agreement giving rise to the claim in the 12 months immediately preceding the event giving rise to liability.
11.2 Exclusion of Consequential Loss
To the maximum extent permitted by applicable law, Mavox shall not be liable for any:
- Loss of profits, revenue, business, or anticipated savings
- Loss of data or corruption of data
- Business interruption or loss of goodwill
- Indirect, special, or consequential loss or damage
- Loss arising from third-party claims against the Client
even if Mavox has been advised of the possibility of such losses.
11.3 Exclusions
Nothing in these Terms limits or excludes liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited by South African law
Indemnification
The Client agrees to indemnify, defend, and hold harmless Mavox, its directors, employees, agents, and subcontractors from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:
- The Client's breach of any provision of these Terms or any Agreement
- Any claim that Client Materials infringe the Intellectual Property rights, privacy rights, or other rights of any third party
- The Client's use of the Deliverables in a manner not authorised by Mavox or in violation of applicable law
- Any content published or distributed by the Client using Deliverables produced by Mavox
- The Client's wilful misconduct or gross negligence
Termination & Suspension
13.1 Termination for Convenience
Either party may terminate a fixed-term project engagement by giving 30 days' written notice to the other party. Monthly retainer agreements may be terminated with 30 days' written notice effective from the end of the then-current billing month.
13.2 Termination for Cause
Either party may terminate the Agreement immediately upon written notice if the other party:
- Commits a material breach of the Agreement that is incapable of remedy
- Commits a material breach that is capable of remedy but fails to remedy it within 14 Business Days of written notice requiring it to do so
- Becomes insolvent, is placed in liquidation, business rescue, or administration, or makes an assignment for the benefit of creditors
13.3 Consequences of Termination
Upon termination of the Agreement:
- All fees for Services performed up to the termination date become immediately due and payable
- Where termination is by the Client for convenience, Mavox is entitled to a reasonable cancellation fee not exceeding 25% of the remaining contract value
- Each party will promptly return or destroy the other's Confidential Information
- Mavox will deliver to the Client all completed work and work-in-progress (upon receipt of all outstanding payments)
- Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination
13.4 Suspension for Non-Payment
Mavox may suspend Services without liability where an invoice is more than 14 calendar days overdue, on 5 Business Days' written notice to the Client. Services will recommence on receipt of all overdue amounts.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Agreement to the extent that such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, pandemics, government actions, load shedding or prolonged power outages, internet or telecommunications failures, or supplier failures ("Force Majeure Event").
The party affected by a Force Majeure Event must notify the other party in writing as soon as reasonably practicable, describing the nature of the event and its expected duration. If the Force Majeure Event continues for more than 30 consecutive days, either party may terminate the Agreement on 10 Business Days' written notice without further liability, except for amounts already due and payable.
Governing Law & Dispute Resolution
15.1 Governing Law
These Terms and Conditions and all Agreements between Mavox and the Client shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
15.2 Jurisdiction
The parties consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa — specifically the High Court of South Africa, Gauteng Division — to resolve any disputes arising out of or in connection with these Terms or any Agreement.
15.3 Dispute Resolution Process
Before commencing legal proceedings, the parties agree to follow this escalation process:
- Good faith negotiation: The parties will first attempt to resolve the dispute informally through good faith discussion between senior representatives within 10 Business Days of the dispute being raised in writing.
- Mediation: If negotiation fails, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). The costs of mediation will be shared equally.
- Litigation: If mediation is unsuccessful after 30 days, either party may institute legal proceedings in the appropriate court.
Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.
General Provisions
16.1 Entire Agreement
These Terms and Conditions, together with any accepted proposal, SOW, or service agreement, constitute the entire agreement between the parties in relation to the subject matter and supersede all prior representations, negotiations, and agreements, whether written or oral.
16.2 Variation
No variation of these Terms shall be effective unless made in writing and signed by authorised representatives of both parties.
16.3 Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, it shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
16.4 Waiver
No failure or delay by Mavox in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver of any breach of these Terms does not constitute a waiver of any subsequent breach.
16.5 Assignment
The Client may not assign or transfer any rights or obligations under the Agreement without Mavox's prior written consent. Mavox may assign its rights and obligations to an affiliate or in connection with a business transfer or restructuring, on written notice to the Client.
16.6 Notices
All formal notices under these Terms must be in writing and delivered by email (with delivery confirmation) or registered post to the address set out in the applicable SOW or below. Notices take effect on the next Business Day after the date of sending (for email) or 5 Business Days after posting (for registered post).
16.7 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency between Mavox and the Client or its personnel.
16.8 Language
These Terms are written in English. In the event of any conflict between an English version and any translation, the English version shall prevail.
Contact Us
For any questions, concerns, or notices relating to these Terms and Conditions, please contact Mavox Consulting at:
Mavox Consulting (Pty) Ltd
Kempton Park, Gauteng, South Africa
Email: info@mavox.co.za
Phone: +27 (0)71 887 1586
Website: www.mavox.co.za
You may also wish to review our Privacy Policy and our POPIA & Health Data Guide.