My Community Solutions — Website Terms & Conditions (including Terms of Service)

Effective date: 30 April 2025

These Terms & Conditions (“Terms”) govern your access to and use of mycommunitysolutions.co.za (the “Website”) and the products and services offered by My Community Solutions (“MCS”, “we”, “us”, or “our”). By accessing or using the Website, creating an account, submitting an enquiry, booking services, or making any payment, you agree to be bound by these Terms.

1) Who we are

About us:

My Community Solutions is a South African, mission‑driven company that builds stronger communities through media, civic innovation and infrastructure. We connect services, communications, security infrastructure and training under one umbrella, delivering measurable value to customers. Our partner brands include the Community Action Network (CAN), which links communities to tools and partners for civic action; The News Project ZA, which produces independent analysis and training in communications; CCTV NOW, which rolls out practical community and home security solutions; and Local Impact Advertising, which helps hyper‑local businesses find smart, place‑based visibility. Together, these offerings enable people to take action, solve problems, and become empowered.

2) Applicability of South African law

These Terms are governed by the laws of the Republic of South Africa, including (where applicable): the Consumer Protection Act, 2008 (CPA), the Electronic Communications and Transactions Act, 2002 (ECTA), and the Protection of Personal Information Act, 2013 (POPIA).

3) Definitions

  • Services: Consulting, advisory, digital products, training, facilitation, and any other offerings described on the Website or in written proposals/quotes.
  • Client/you: Any person or entity who accesses the Website, creates an account, requests a quote/booking, or pays for Services.
  • Digital Content: Downloadable or access‑controlled items (e.g., templates, toolkits, reports, recordings) delivered electronically.
  • Business Days: Mondays to Fridays excluding South African public holidays.

4) Acceptance of Terms

By using the Website or engaging our Services, you confirm that you:
(a) are at least 18 years old and legally capable of entering into binding agreements; and
(b) have read, understood, and accepted these Terms.

5) Website use & acceptable conduct

You agree not to:

  1. Violate any applicable laws or regulations.
  2. Interfere with the security or proper functioning of the Website or payment systems.
  3. Upload or transmit malicious code, automated scraping, spam, or infringing content.
  4. Misrepresent your identity or impersonate any person/entity.

We may monitor access for security and to improve services. We may suspend or block access if we reasonably suspect misuse or risk.

6) Accounts and authentication

Some features may require an account. You are responsible for safeguarding login credentials and for all activity under your account. Notify us immediately of any unauthorised use. We may deactivate accounts that are inactive, compromised, or breach these Terms.

7) Services overview (Terms of Service)

This section forms the Terms of Service for the Services provided by MCS.

7.1 Scoping & proposals

  • We may provide scoping calls, written proposals, or quotes specifying deliverables, timelines, fees, and assumptions.
  • A proposal/quote is valid for the period stated (or 14 days if not stated).
  • Engagement commences once you accept in writing (including email) and, where required, pay any deposit or initial invoice.

7.2 Delivery & cooperation

  • We will provide Services with reasonable skill and care.
  • You will provide timely access to information, stakeholders, venues, systems, approvals, and sign‑offs reasonably required.
  • Delays caused by your unavailability or late inputs may extend delivery dates and may incur additional costs if material.

7.3 Changes & additional work

  • Out‑of‑scope requests, change requests, or new deliverables will be quoted separately or billed at agreed rates.
  • We will not proceed with material changes without your confirmation in writing.

7.4 Cancellations, postponements, no‑shows

  • Client‑initiated postponement with < 3 Business Days’ notice may incur a reasonable rescheduling fee and reimbursement of non‑refundable costs.
  • Client cancellation after acceptance: (a) deposits are non‑refundable once work has begun; (b) time and materials incurred to date are payable.
  • No‑show to meetings/workshops may be charged at the full session fee.

7.5 Digital Content access

  • Licences to Digital Content are personal, non‑exclusive, non‑transferable, and for the Client’s internal use only unless stated otherwise.
  • Sharing, reselling, or public distribution without written consent is prohibited.

7.6 Outcomes & dependencies

  • Our Services involve advisory and facilitation; results depend on client execution and external factors. We do not warrant specific outcomes unless expressly guaranteed in writing.

8) Pricing, fees & payments

  • Prices are typically quoted in South African Rand (ZAR) and may be subject to VAT if applicable.
  • We may require deposits, progress payments, or retainers.
  • Online payments are processed by third‑party payment gateways. Card data is handled by those gateways and not stored by us.
  • You authorise us to issue electronic invoices and statements.
  • Due dates: Invoices are payable on receipt unless otherwise stated. Late amounts may attract interest at the maximum rate permitted by law.
  • You are responsible for bank charges, exchange fees, and any withholding taxes (if applicable).
  • In the event of chargebacks or unpaid amounts, we may suspend access to Services or Digital Content until resolved.

9) Refunds & cooling‑off (ECTA/CPA)

  • For electronic transactions with a natural person, you may have a 7‑day cooling‑off period under ECTA, except where Services have begun with your consent or for customised work or Digital Content already accessed/downloaded.
  • Where the CPA applies, we will honour your statutory rights for defective services or goods.
  • To request a refund, email {{INSERT EMAIL}} with your order details and reason. Approved refunds are processed to the original payment method within a reasonable period, less transaction fees if permitted by law.

10) Intellectual property

  • All pre‑existing materials, methodologies, know‑how, templates, and tools used by MCS remain our intellectual property.
  • Client Materials you supply remain yours; you grant us a limited licence to use them solely to perform the Services.
  • Unless otherwise agreed in writing, final Deliverables are licensed to you for internal business use. Public or commercial redistribution requires our consent.
  • You may not remove proprietary notices from Deliverables or Digital Content.

11) Testimonials, portfolio & publicity

Unless you opt out in writing, you grant us permission to reference your name/logo and high‑level description of the engagement in proposals and on our Website/portfolio. We will not disclose confidential information.

12) Confidentiality

Each party will keep the other party’s non‑public information confidential and use it only for performing or receiving the Services, except where disclosure is required by law or to professional advisers under confidentiality.

13) Data protection & privacy (POPIA)

  • We process personal information in accordance with POPIA and our Privacy Notice (available on the Website).
  • We act as an operator (processor) for Client personal information only on instructions and subject to reasonable technical and organisational safeguards.

14) Third‑party services & links

The Website may link to or integrate third‑party tools (e.g., payment gateways, webinar platforms). We are not responsible for third‑party terms, privacy practices, outages, or performance. Use is at your own risk and subject to their terms.

15) Warranties & disclaimers

  • We provide the Website on an “as is” and “as available” basis.
  • While we aim for accuracy, content may be updated or corrected.
  • To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

16) Limitation of liability

To the maximum extent permitted by law, MCS will not be liable for: (a) indirect, consequential, special, or punitive damages; (b) lost profits or data; (c) business interruption; even if advised of the possibility.
Our aggregate liability for all claims in any 12‑month period will not exceed the total fees actually paid by you to MCS for the specific Services giving rise to the claim during that period, except where liability cannot be limited by law.

17) Indemnity

You agree to indemnify and hold MCS harmless against claims, damages, liabilities, costs, and expenses arising from: (a) your breach of these Terms; (b) your misuse of the Website, Services, or Digital Content; or (c) infringement arising from Client Materials.

18) Force majeure

Neither party is liable for delay or failure due to causes beyond reasonable control (including acts of God, utility failures, strikes, war, epidemic, civil unrest, or governmental action). Timeframes will be extended for the period of delay. If force majeure persists beyond 30 days, either party may cancel undelivered Services on written notice without penalty.

19) Termination & suspension

We may suspend or terminate access to the Website or Services if you materially breach these Terms or fail to pay due amounts. You may terminate for convenience by written notice; amounts due for Services rendered up to termination remain payable.

20) Electronic communications (ECTA)

You consent to receive communications electronically and agree that electronic records, notices, and signatures satisfy legal requirements under ECTA. Contracts may be formed electronically via email acceptance or online checkout.

21) Dispute resolution & jurisdiction

  • The parties will first attempt to resolve disputes amicably within 10 Business Days.
  • If unresolved, either party may refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA).
  • If mediation fails, either party may proceed with legal action. These Terms are governed by the laws of South Africa, and the courts of South Africa have jurisdiction.

22) Changes to these Terms

We may update these Terms from time to time. The updated Terms will be posted on the Website with a revised effective date. Continued use of the Website or Services after changes take effect constitutes acceptance of the updated Terms.

23) Contact

Questions about these Terms or our Services?
Email: info@mycommunitysolutions.co.za
Address: 426–428 Bartle Rd, Umbilo, Durban, KwaZulu‑Natal, South Africa

Annexure A — Service‑Specific Add‑Ons

 

A1. Subscriptions/Retainers

  • Retainer services renew monthly unless terminated by either party with 30 days’ written notice.
  • Unused hours do not roll over unless agreed in writing.

A2. Events/Workshops

  • Venue, catering, travel, and AV costs (if any) are charged at cost plus handling where stated.
  • Client is responsible for participant communications and minimum attendance unless we agree to manage this.

A3. Digital Products

  • Download links are provided after successful payment. Links may be time‑limited and device‑limited to prevent abuse.

A4. Travel & Expenses

  • Out‑of‑town work may include reasonable travel, accommodation, and per‑diem costs, pre‑approved by the Client.

A5. Confidential Projects (NDA)

  • If required, a mutual NDA may be executed. In case of conflict between an NDA and these Terms, the NDA prevails for confidentiality matters.