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    Terms of service

    Multipurpose Notice and Agreement

    This document contains the terms & conditions upon which your use of any BlackBox Designs’ resource, platform or website (website) is dependent. Note BlackBox Designs has several departments / divisions all covered in this document.
    The terms & conditions (T&Cs) are inclusive of topics including usage, privacy, information & data, content and your legal rights in terms of The Protection of Personal Information Act (POPIA).

    Acceptance

    1. Use of BlackBox Designs is subject to you agreeing to these T&Cs. Should you decide not to accept the T&Cs, you shall cease engaging with us on any of our platforms.
    2. In the absence of another indication of intent, a person who continues engaging with BlackBox Designs shall be assumed to have read these T&Cs and thereby becomes a ‘User’ who has accepted fully, without exception, reservation or objections, to be bound to these T&Cs, therefore constituting a legally binding agreement.
    3. Should a User, for any reason, want to explicitly terminate the Agreement that arises after accepting the T&Cs (as explained in point 2 above), the User must notify BlackBox Designs of this in writing via WhatsApp +27 83 381 7053. The User understands that in doing so –
      • he/she no longer will be able to rightfully engage on BlackBox Designs’ websites or platforms, and may be actively prevented from doing so;
      • he/she remains bound by the T&Cs during the period of use.

    By registering for or using the Services, you represent and warrant that:You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

    If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

    It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. BlackBox Designs is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact via email or update your contact information through the BlackBox Designs’ Billing and Support System. Providing false contact information of any kind may result in the termination of your account.

    You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

    Definitions

    1. Reference to ‘platform/s’ within this T&Cs refer to any of BlackBox Designs’ owned or managed digital platforms, including but not limited to websites, digital communications or Apps.
    2. Reference to ‘content’ within this T&Cs refers to, but is not limited to, any text, images, video, sound, download, link, media, contact information, user date, or subject date or data subject information.
    3. Reference to ‘process’ in relation to information means to save, disseminate, publish or share the information.

    Our Organization

    1. Reference to BlackBox Designs or ‘We’ refers to the commercial trading entity the User is in agreement with. BlackBox Designs’ is a web-based services business. (Sole Proprietor. BT Matshazi. BlackBox Designs operates several websites, each enabling a business division / department of BlackBox Designs. BlackBox Designs promotes / sells / brokers / trades services and/or products of contracted or arranged service providers, as well as products and services it might produce itself.
    2. These T&Cs may be updated at any time. Accordingly, the User should revisit this document every time they make use of a website or any resource / platform related to BlackBox Designs.
    3. Any User who feels there is an infringement on their rights, agrees to first notify BlackBox Designs in writing of the concern and allow BlackBox Designs ten working days to resolve the matter internally before escalating the issue externally, either to an appropriate authority or for resolution via mediation or litigation. Such communication can be directed to bekithemba@blackboxdesigns.co.za.

    Information & Privacy

    1. In becoming a User, you are providing information to BlackBox Designs. Dependent upon the level of such use, this information is used to enable BlackBox Designs, and by extension its staff, agents, 3rd parties or suppliers, to
      • stay in contact with you,
      • maintain and update a User database,
      • provide or offer you resources, services or products,
      • improve our services and products,
      • communicate your needs and intent with staff, agents, suppliers or service providers (hereinafter referred to as “permissible purposes”)
      • market services or goods or information and news related to services or goods.
    2. Your information will only be used for the permissible purposes listed above , and by engaging with BlackBox Designs you are opting in to such use and permissible purposes. If there is any other purpose, this will be discussed between us and you prior to any such use.
    3. The sources BlackBox Designs obtains information from includes websites, social media (when information is shared/made public and required to create content / gather data), digital communication (not limited to chatbots, forms, and emails), phone, suppliers (not limited to hosting and 3rd party information suppliers), printed and posted public sources in public domain.
    4. We do not process your information if your engagement on the website is merely casual browsing (passive). We do process your information if you engage with us commercially by agreeing to be provided with our resources, services or products / opting in.
    5. We will only share your information with persons who are our employees or agents or acting as a representative on our behalf, and then we will do so only to the extent strictly necessary to provide the goods or services requested. We will not sell your information under any circumstances.
    6. As a User, you are defined as a Data Subject in terms of POPIA. You have all the rights afforded by POPIA as a consequence.
    7. BlackBox Designs reserves the right to pursue legal action against any User / Client who provides falsified / misleading / manipulated data or information for their own personal gain or interest.

    Copyright

    1. All content published on the website or included in any BlackBox Designs medium, which content includes any variety of: text, images and video, literary works, musical works, artistic works, sound recordings, cinematography, sound and television broadcasts, program-carrying signals and published editions, are subject to copyright in terms of the Copyright Act.
    2. Unless you get our written agreement, you shall not copy, reproduce, adapt, broadcast, transmit, publish, sell, licence, share or in any way deal with the content.
    3. Nothing contained within the platform may be construed by you, the User, as granting by implication, estoppel or otherwise, any licence or right of use to any mark or content displayed on the website.
    4. When used, we have licence / permission from the owner to publish all content which is not owned by us. We may from time to time display content sourced from a public or open source. In such an instance, we acknowledge that our rights of use are limited and acknowledge the moral rights of the author.
    5. As a matter of policy, we do not use content that is contrary to our statements in 4 above. However, should we inadvertently publish content reasonably believing it to open source/ free to use, and an owner of such content becomes aware that this is not the case, he/she is requested to please notify BlackBox Designs immediately in writing via email to bekithemba@blackboxdesigns.co.za so that content can be removed.
    6. BlackBox Designs reserves the right to make any changes to any platforms at any times and without further notice. In so doing, we assume no liability or responsibility for the consequences.

    Use

    1. Casual use. The User may visit / use a BlackBox Designs’ platform passively: browse, view, read, watch or listen to content, without providing personal identify information or data, but understands that certain platforms do record IP address and general analytics. Casual use does not include engaging with any BlackBox Designs’ platform via digital communication, form, downloads, comments or active participation of any sort.
    2. Unsolicited Information
      • If a User posts / writes / sends unsolicited or unrequested content / info onto BlackBox Designs via platforms / offices / staff / representatives: the User grants BlackBox Designs a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
      • In addition, the User also grants the right to use the name of the person and entity included with the Users submission connected with such Information.
      • Furthermore, the User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to BlackBox Designs or posted / shared with BlackBox Designs, that the User does not violate Policy, Laws or infringe on the rights of any person or entity; and that the User indemnifies BlackBox Designs for all claims resulting from their own actions.
    3. Solicited Information the User gives to BlackBox Designs. (Active)This is the principal User level, and most frequently involves an entity being quoted / invoiced or paying an account, or also referred to as a ‘Client’. This category also can apply to service providers or 3rd party agents who engage with BlackBox Designs.
      • BlackBox Designs’ requires certain personal information or data to engage with a User and/or process transactions if the User desires / requests. BlackBox Designs’ receives and stores all Information the User provides / shares in this instance. The User may choose not to provide certain Information / data, but that may limit the level of engagement / services or products that the User may obtain / benefit from BlackBox Designs’.

    General Terms

    1. Business / Entity Transfers. BlackBox Designs’ will not transfer User or Content information / data to a new party or trading entity if *BlackBox Designs’* or its interests are sold without first publishing a ‘User’s Notice’ and allowing for a window of opportunity to object.
    2. Lawful Purposes: When BlackBox Designs’ is served with due legal process requiring the hand over / delivery of personal customer Information or a Data Subject, it has the legal duty to abide by that demand, and will do so.
    3. Access to and use of information:
      • BlackBox Designs’ receives various types of information / data from Users who access BlackBox Designs’ digital platforms and engage with BlackBox Designs’, or its staff, agents or supplier via digital methods. BlackBox Designs’ takes every effort to protect Information and Data Subjects, including issuing policy to Staff and permanent Suppliers. In addition, information is stored at limited locations, and information is only made available on a need to access basis. BlackBox Designs’ also has reasonable firewall and virus software on its own equipment.
      • IDespite reasonable steps and undertakings, it is possible for digital communications or data to be intercepted and/or stolen by criminals, and a User has to accept that the digital criminal environment and elements in cyberwarfare / cybercrime are ever evolving. Therefore, all Users / Client accept that privacy and Data Subject information cannot ever be 100% secure, and therefore the User / Client indemnifies BlackBox Designs’ of any damages or loss, directly or indirectly, that may result from a data breach or digital crime of any sort.
      • BlackBox Designs’ explicitly refutes permission and usage to any 3rd party or external organizations to use its own people/staff/supplier or any technology, such as but not limited to: search bots, crawling technology, AI or algorithms, or software or Apis, to assess / process / index / review / copy / create reports / share content or details of our resources, with intent to prejudice our organization or staff, supplier, Users / agents in any way. Any 3rd party or external organization found to be guilty of such an offence is hereby notified that BlackBox Designs’ reserves its rights as provided to us in terms of Law of South Africa to claim for losses, damages and costs.
      • BlackBox Designs’ has given Google.com and Facebook.com limited permission and access of BlackBox Designs’ platforms for SEO and other Marketing purposes.
    4. Solicited Information the User gives to BlackBox Designs’. (Active)This is the principal User level, and most frequently involves an entity being quoted / invoiced or paying an account, or also referred to as a ‘Client’. This category also can apply to service providers or 3rd party agents who engage with BlackBox Designs.
      • BlackBox Designs’ requires certain personal information or data to engage with a User and/or process transactions if the User desires / requests. BlackBox Designs’ receives and stores all Information the User provides / shares in this instance. The User may choose not to provide certain Information / data, but that may limit the level of engagement / services or products that the User may obtain / benefit from BlackBox Designs’.
    5. Online Payments: Should a User / Client offer / provide their bank / debit / credit card information / details via the *BlackBox Designs’* 3rd party online payment gateway, for the purpose of payment for a service or product, the User / Client indemnifies BlackBox Designs’ of all losses or damage if the payment platform is breached / hacked / subject to cybercrime or a technical problem. BlackBox Designs’ does not save credit card information on any of its own internal systems. No refunds or losses can be claimed from BlackBox Designs’. A User / Client can opt to do a payment via a direct EFT payment from their own bank platform to avoid this risk.
    6. Miscellaneous:
      • BlackBox Designs and its resources operate within the Republic of South Africa. BlackBox Designs’ makes no representation that the Content / Platforms / Digital communications are appropriate for use in another country.
      • A User may not use BlackBox Designs’ resources and platforms in violation of South African law.
      • The User consents to the jurisdiction of the Western Cape High Court.
      • If any term is found by a Court to be invalid or unenforceable, that term is excised and the balance of the terms shall remain enforceable.
      • BlackBox Designs’ platforms and communications, as well as all content (current and future) are provided on an “as is” basis, and may include inaccuracies or typographical or technical errors despite BlackBox Designs’ best intent. Therefore, BlackBox Designs’offers no warranty or representation as to the availability, accuracy (detail and processing), and ownership, competence of the platforms / content or digital communication. The User agrees not to hold BlackBox Designs’ responsible for any direct or indirect, consequential or other damage of any kind whatsoever suffered or incurred, as a result of use or consumption of content.
      • The User agrees to indemnify us against any claim or action brought against us which is caused by or arises from your use of the platform or your breach of these terms and conditions.

    Backup & Data Loss

    Your use of the Services is at your sole risk. BlackBox Designs backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time.

    A backup of your website is made available to you in the event of critical failure of our platforms.

    BlackBox Designs is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on BlackBox Designs’ servers.

    END OF T&C’s