Terms & Conditions

Welcome to Link X-axis Digital PTY LTD. Please read our terms carefully.

1. Introduction

Welcome to Link X-axis Digital PTY LTD (K2024647120). These Terms and Conditions outline the rules and regulations for the use of our services.
Should the Terms and Conditions be downloaded for reference, it must always be read in conjunction with the most current version available on our website. (https://linkxdigital.co.za/terms.html)

2. Contract Formation & Electronic Signatures

The submission of a Service Application via the Link X-axis Digital website constitutes an offer by the Client to procure services. A legally binding agreement is only formed once Link X-axis Digital has reviewed the Client's supporting documentation (ID and CIPC registration) and formally accepted the offer by issuing a Welcome Email, Service Agreement, or initial tax invoice. Link X-axis Digital reserves the right to decline any application at its sole discretion prior to this formal acceptance.

By checking the "I accept the terms and conditions" box on the Service Application form, Package Order form or Custom Package Order Form the Client acknowledges that this constitutes a valid, legally binding electronic signature in terms of Section 13 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA). The timestamp and IP address recorded at the time of submission will serve as definitive proof of acceptance.

3. Services

Link X-axis Digital PTY LTD provides brand & business services, including but not limited to SEO, content marketing, social media management, and PPC advertising. The specific services to be provided will be detailed in the Statement of Work (SOW) agreed upon by both parties.

4. Payment Terms

  • Fees for services are payable monthly in advance.
  • Payments are due within 7 days of invoice receipt unless otherwise specified.
  • Late payments may incur a late fee of 15% of the outstanding amount.

5. Service Policies & Scope

  • Package fees cover our management and creative services only. They are exclusive of third-party costs, which include but are not limited to: advertising spend on platforms like Google Ads and Meta and any third-party software licenses. These costs will be billed separately or paid directly by the client.
  • Domain name and website hosting services are included to pre build packages (Starter Spark, Growth Groove, Epic Elevation).
  • All marketing reports will be supplied by no later than the 10th of the following month.
  • Due to factors like building brand awareness and search engine indexing, clients should anticipate that it may take up to 3-6 months to see significant results from marketing efforts.

6. Client Responsibilities

The Client agrees to cooperate fully with Link X-axis Digital and provide, in a timely manner, all necessary assets, data, and information required to perform the services. This includes, but is not limited to, providing access to website backends, social media accounts, and giving prompt feedback and approvals on content and strategies. Link X-axis Digital shall not be held liable for any delays in service delivery caused by the Client's failure to meet these responsibilities, and no financial credits will be issued for such delays.

7. Confidentiality

Both parties agree to keep confidential all information disclosed during the term of the agreement. This includes, but is not limited to, business strategies, client lists, and proprietary information.

8. Intellectual Property

All intellectual property created during the course of the agreement remains the property of Link X-axis Digital PTY LTD until full payment is received. Upon payment, the client will have full rights to the deliverables.

9. Privacy Policy

Your privacy is important to us. This Privacy Policy explains how we collect, use, and protect your personal information in line with South African data protection laws (POPIA).

9.1 Information Collection

We collect information from you when you fill out a form, submit an application, subscribe to our newsletter, or use our services. This may include your name, email address, phone number, company details, Identity Numbers, and company registration documents.

9.2 Sensitive Information & POPIA Compliance

Link X-axis Digital is committed to protecting your privacy. By uploading your Identity Document and CIPC Company Registration via our Service Application, you explicitly consent to the collection, processing, and temporary storage of this sensitive personal information solely for the purposes of FICA compliance, identity verification, and the drafting of the formal service agreement. This documentation will not be shared with unauthorized third parties and will be handled strictly in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

9.3 Use of Information

The information we collect is used to:

  • Verify identities and legally bind service agreements.
  • Provide and improve our services.
  • Process transactions.
  • Send periodic emails regarding updates, promotions, and related service information.
  • Respond to inquiries and provide customer support.

9.4 Cookies

Our website uses cookies to enhance user experience. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's systems to Recognise your browser and capture and remember certain information.

We use cookies to:

  • Understand and save your preferences for future visits.
  • Compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
  • Track advertisements and compile data about site traffic and site interaction.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If you disable cookies, some features will be disabled. It will affect the user experience.

9.5 Data Security

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

9.6 Third-Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

9.7 Third-Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

10. Special Promotional Offers

10.1 Free Website Promotion

  • This promotional offer includes a professional website setup with domain registration, web hosting, mobile responsiveness, basic features (excluding e-commerce), and SEO setup (meta tags & keywords). This is a limited-time offer priced at R250.
  • The Free Website Promotion package does not include discounts for extended subscription terms. The subscription is billed at the full rate of R250/month with no term discounts available.
  • Promotional offers are subject to availability and may be withdrawn at any time at Link X-axis Digital's sole discretion. Any changes to promotional terms will be communicated via our website.
  • Clients who have utilised a promotional offer are not eligible for additional promotional discounts on the same or related services during their active subscription period.

11. Termination

  • Either party may terminate this agreement with 1 (one) calendar month's written notice. In the event of termination, the Client will be responsible for payment for all services rendered up to the final day of service.
  • Should the Client terminate a fixed-term agreement before its conclusion, the Client shall be liable for an early termination fee equal to 80% of the remaining contractual value.

12. Disclaimer of Guarantees

While Link X-axis Digital will use its best professional efforts to achieve the desired outcomes, we do not promise or guarantee specific results. Search engine rankings, ad performance, and audience engagement are subject to numerous factors outside of our direct control. We do not guarantee any particular increase in traffic, leads, or sales.

13. Limitation of Liability

To the maximum extent permitted by law, Link X-axis Digital PTY LTD shall not be liable for any indirect, special, incidental, or consequential damages (including loss of profits, data, or business opportunities) arising out of or in connection with the services provided.

14. Governing Law

These Terms and Conditions are governed by the laws of South Africa. Any disputes arising from these terms will be resolved by arbitration in accordance with the Arbitration Act No. 42 of 1965.

15. Amendments

Link X-axis Digital reserves the right to amend these Terms and Conditions at any time. All amendments will be effective immediately upon posting to our official website. Continued use of our services following any amendments signifies your acceptance of the new terms.