We use cookies to improve your experience on our site. By using our site, you consent to the use of cookies. Rejecting cookies will prevent non-essential cookies from loading.
These terms govern (Part A) use of the website at maverickmagician.com and (Part B) the services we provide to clients. They are written in plain language as the Consumer Protection Act 68 of 2008 (CPA) requires, and nothing in them takes away rights the law gives you that cannot be excluded.
Who we are (ECTA section 43 disclosure): Maverick Magician, trading as Maverick Magician. Physical address: 120 Waterval Road, Newlands. Email: [email protected]. Phone: +27 69 687 4321. Prices are quoted in South African Rand [and exclude VAT unless stated / no VAT is charged as we are not VAT-registered].
Part A: Website terms
1. The content on this site is general information about our services. It is not professional advice, and results described are not promises of results for you.
2. The site, its design, copy, graphics, and the Maverick Magician name and logo are our intellectual property. Do not copy or reuse them without written permission.
3. We may link to third-party sites and tools. We do not control them and are not responsible for them.
Booking a call or submitting a form creates no obligation on either side until an engagement is confirmed under Part B.
Part B: Service terms
1. How an engagement works
We confirm every engagement in a written Engagement Confirmation (a proposal, order form, or signed document, including electronic signature under ECTA, which is valid and binding). The Engagement Confirmation states the services, the setup fee, the monthly fee, and any special terms, and incorporates these Terms. If the two conflict, the Engagement Confirmation wins.
2. What we do and do not promise
We build and operate marketing and automation systems: websites, review generation and response systems, missed-call recovery, booking systems, messaging automation, database reactivation campaigns, and related services, largely on third-party platforms.
We do not and cannot guarantee specific business results. Google decides rankings and which reviews stand. Customers decide whether to leave reviews and whether to buy. Platforms change their rules without asking us. We promise professional, diligent work and an honestly reported monthly account of what the system did. Any figures we mention in proposals or conversations are illustrations from past or comparable work, not promises, and you confirm you have not signed on the strength of any promised result.
3. What we need from you
You agree to: give us the access we need (for example your Google Business Profile and domain) promptly; provide accurate information about your business; review and approve message wording we prepare in your name; respond to reasonable requests within 5 business days; and use the system lawfully. If a delay on your side stalls the work, the monthly fee still runs, and we will tell you in writing when that is happening.
4. Your customer data: your warranty to us
Some services use your existing customer list (for example review requests and reactivation campaigns). You warrant that any list you give us was collected lawfully; that the people on it are your genuine current or past customers or have consented to be contacted; and that you are entitled under POPIA to have them contacted for the agreed purpose. We honour every opt-out permanently and follow our compliance rules (consent-appropriate wording, throttled sending, no contact with anyone who has opted out). You indemnify us against claims, fines, and losses arising from a list or instruction you provided that breaches this warranty.
5. How we handle your customers' information (operator clause)
For your customer data we act as your operator under POPIA: we process it only on your instructions and for the agreed services; we apply reasonable security safeguards; we use vetted sub-operators (currently HighLevel Inc. for the platform, Meta for WhatsApp delivery, Google, and Paystack for payments, some hosted outside South Africa as our Privacy Policy describes); we notify you without undue delay if we believe your customer data was accessed unlawfully; and on termination we return your data as clause 10 says and delete what we hold, except what the law requires us to keep. You remain the responsible party for your customers' information and for your own privacy notices to them.
6. The line we do not cross
We do not create fake reviews, pay for reviews, or filter ("gate") review requests so that only happy customers are asked. These practices break Google's rules and can destroy your profile. You agree not to instruct us to do any of them. If you insist, we may terminate the engagement immediately on written notice, and the fees for work already done remain payable. The same applies to instructions to send spam or to message people who have opted out.
7. Fees and payment
Setup fees: 50% on signature, 50% on go-live, unless the Engagement Confirmation says otherwise. Monthly fees: payable monthly in advance by debit order or card through our payment processor. Each monthly fee includes the stated allowance of messaging and AI usage; usage beyond it is billed at cost plus a stated handling margin, shown transparently on the invoice.
We may adjust monthly fees once per year on 30 days' written notice, and additionally if the Rand/US Dollar exchange rate moves more than 15% against the rate stated in your Engagement Confirmation (because our platform costs are dollar-based), also on 30 days' notice. You may cancel under clause 9 rather than accept an adjustment.
If a payment fails or is overdue: we will notify you and re-try; if it remains unpaid 7 days after notice, we may suspend the services (the system pauses, including review requests and missed-call recovery) until payment is made; interest may be charged on overdue amounts at the prescribed rate of interest; and amounts remain payable for the period before suspension. Deliverables and access transfers may be withheld until amounts due are paid.
8. Intellectual property
Everything we bring to the engagement stays ours: our methods, templates, automation designs, snapshots, prompts, and systems, including improvements made while serving you. Everything that is yours stays yours: your brand, your content, your customer data. On full payment, you get ownership of the final creative deliverables made specifically for you (your website copy, your images) and a licence to use the configured system for as long as you are a client. We may describe the engagement generically in our marketing; we only name you or publish your numbers with your written consent.
9. Term and cancellation
Engagements run month to month unless the Engagement Confirmation says otherwise. Either side may cancel on one calendar month's written notice, no reason needed. We may also terminate under clause 6 or for unremedied breach under clause 13.
If you transact with us electronically as a consumer, you may have a 7-day cooling-off right under ECTA section 44 for the applicable services; where you ask us to begin work inside that window, you authorise us to start, and work done before cancellation is payable. Nothing here limits rights you have under the CPA.
10. What happens when we part ways
We hand over, within 14 days of the final payment being settled: an export of your contact and customer data, transfer of your Google Business Profile access (which was always yours), and your domain (which you own). Access to the operated system, automations, and our templates ends on the termination date. Setup fees for completed phases are not refundable; monthly fees are not refundable for the notice month. We part ways cleanly: your data is never held hostage.
11. Third-party platforms
The services depend on platforms we do not control: HighLevel, Google, Meta and WhatsApp, Paystack, telecoms and hosting providers. Their outages, decisions (including review removals, template rejections, or account restrictions we did not cause), and price or policy changes are not a breach by us. Where a platform materially changes something, we will propose the best available alternative. Platform restrictions caused by your instructions or content are your responsibility.
12. LIMITATION OF LIABILITY: PLEASE READ THIS CLAUSE CAREFULLY
This clause limits our liability and is drawn to your attention as section 49 of the CPA requires.
To the extent the law allows: (a) we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data recoverable from your own systems; and (b) our total liability arising from or connected to an engagement is limited to the fees you actually paid us in the 3 months before the event giving rise to the claim (or, if the claim arises from setup work, the setup fee paid).
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for gross negligence or wilful misconduct, or your rights under the CPA where it applies to you.
13. Breach
If either side breaches these Terms, the other may give written notice describing the breach and requiring it to be fixed within 7 business days. If it is not fixed, the innocent party may terminate on written notice, without losing any other rights. We may suspend services during an unremedied material breach by you (including non-payment under clause 7).
14. Force majeure
Neither side is liable for failure caused by events beyond reasonable control, including electricity grid failure and load shedding, telecommunications and internet failures, platform-wide outages, civil unrest, and acts of authority. The affected side must notify the other and mitigate. If force majeure continues for 30 days, either side may cancel on written notice.
15. Disputes
First, we talk: either side may call for a good-faith discussion, and we both make a senior person available within 14 days. If that fails, the dispute goes to mediation, and if mediation fails within 30 days, to arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA), or, at the option of the claimant for smaller claims, to a court with jurisdiction. You consent to the jurisdiction of the Magistrates' Court notwithstanding the amount. Nothing here stops you approaching the National Consumer Commission, the Information Regulator, or any ombud with jurisdiction, and nothing stops either side seeking urgent court relief.
16. General
South African law governs these Terms. Notices go to the email and physical addresses in the Engagement Confirmation (each party's chosen domicilium citandi et executandi); email notices count on the business day after sending. These Terms plus the Engagement Confirmation are the whole agreement; no oral promises count; changes must be in writing (electronic writing included). If a clause is unenforceable, the rest stand. No indulgence is a waiver. You may not cede or assign without our consent; we may assign to a successor of the business on notice to you. Clauses that by nature survive termination (including 4, 5, 8, 10, 12, and 15) survive.
Questions:[email protected]. We would rather explain a clause before you sign than argue about it after.
