These Terms of Use ("Terms") govern your access to and use of the Blumagik Media (Pty) Ltd website, services, and any digital products we deliver. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
Acceptance of Terms
By accessing this website, submitting an inquiry, signing a proposal, or otherwise engaging Blumagik Media (Pty) Ltd for web design, creative direction, workflow automation, or digital infrastructure services, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Refund & Cancellation Policy.
If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
Our Services
Blumagik Media provides professional digital services including, but not limited to:
- Web design, development, and maintenance
- Creative direction and brand identity work
- Workflow automation and systems integration (e.g. Make.com, API-driven tooling)
- Digital infrastructure setup, hosting coordination, and technical consulting
Specific deliverables, timelines, and pricing for any project are governed by the individual proposal, quote, or Service Level Agreement (SLA) agreed upon with the client, which takes precedence over these general Terms where a conflict arises.
Client Obligations
To enable us to deliver quality work on schedule, clients agree to:
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Provide Required Materials
Supply accurate content, brand assets, credentials, and feedback in a timely manner, as outlined in the project schedule.
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Ensure Lawful Use
Only request content, designs, or automations that comply with applicable law and do not infringe on third-party rights.
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Maintain Account Security
Safeguard any credentials, API keys, or access granted to third-party platforms used during the engagement.
Intellectual Property
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Final Deliverables
Upon full payment, ownership of final approved deliverables (designs, websites, custom code) transfers to the client, unless otherwise agreed in writing.
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Proprietary Tools & Frameworks
Internal frameworks, automation templates, design systems, and reusable code libraries developed by Blumagik Media remain our intellectual property, even when used within client projects.
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Portfolio Rights
Blumagik Media reserves the right to showcase completed work in our portfolio, case studies, and marketing materials unless the client requests confidentiality in writing.
Payment Terms
Payment schedules, deposits, and milestone invoicing are specified in each project's quote or SLA. Late payments may result in a pause of active work until the account is brought current. Our full refund eligibility terms are detailed in our separate Refund & Cancellation Policy.
Limitation of Liability
Blumagik Media will perform services with reasonable skill and care, but we do not guarantee specific business outcomes (e.g. traffic, conversions, search rankings) resulting from our work. To the maximum extent permitted by law, Blumagik Media shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services or deliverables, including third-party software, plugins, or hosting providers integrated into a project.
Clients are responsible for maintaining independent backups of their data and content where applicable.
Third-Party Services
Our projects may integrate third-party platforms such as hosting providers, domain registrars, payment gateways, or automation tools (e.g. Make.com, Gemini API). Use of these services is subject to the respective provider's own terms and conditions. Blumagik Media is not responsible for outages, pricing changes, or policy changes made by third-party providers.
Termination
Either party may terminate an engagement in accordance with the cancellation terms set out in our Refund & Cancellation Policy. Blumagik Media reserves the right to suspend or terminate access to any services or website features at our discretion in cases of misuse, non-payment, or violation of these Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the South African courts.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our services or legal obligations. Updated Terms will be posted on this page with a revised effective date. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.
Questions About These Terms?
If anything here is unclear, our team is happy to walk you through it.