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Terms of Service
These terms govern every quotation, order and contract between Matmos Trading (Pty) Ltd and its customers, for both goods and services. Please read them before placing an order or accepting a quotation.
Contents
- About these terms
- Definitions
- Quotations and orders
- Prices, VAT and payment
- Supply of goods
- Supply of services
- Your responsibilities
- Delivery and risk
- Cancellations and refunds
- Warranties
- Intellectual property
- Confidentiality and data
- Limitation of liability
- Suspension and termination
- Acceptable use of this website
- Complaints and disputes
- General
1. About these terms
1.1 These terms of service (“terms”) apply to all goods supplied and all services rendered by Matmos Trading (Pty) Ltd. They apply to purchases made through this website, by email, by telephone and against a purchase order.
1.2 By accepting a quotation, placing an order, making payment or using our website, you agree to these terms. If you are agreeing on behalf of a company or organisation, you confirm that you are authorised to do so.
1.3 Nothing in these terms limits or excludes any right you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other law that cannot lawfully be excluded.
1.4 We may update these terms from time to time. The version published on this website on the date you accept a quotation is the version that applies to that order.
2. Definitions
2.1 “Goods” means any physical or digital product we supply, including household items, motor vehicle parts and accessories, software and licences, ICT hardware and essential products.
2.2 “Services” means work we perform, including website development, software development, IT consultancy, hosting, support, maintenance, digital marketing, design, data and training services.
2.3 “Quotation” means the written quotation or proposal we issue setting out the goods or services, the price, the timeline and any specific conditions.
2.4 “Order” means your written acceptance of a quotation, or your purchase order, or your completed and paid checkout.
2.5 “Working day” means Monday to Friday, 08:00 to 17:00 South African Standard Time, excluding South African public holidays.
3. Quotations and orders
3.1 All goods and services are supplied against a written quotation. Prices published on this website, including on our pricing page, are guide prices for planning purposes and do not constitute an offer.
3.2 Quotations are valid for 7 calendar days in the case of goods and 30 calendar days in the case of services, unless the quotation states a different period.
3.3 A contract comes into existence only when you accept the quotation in writing (email is sufficient) and, where payment in advance is required, when that payment is received.
3.4 We may decline or cancel any order before dispatch or commencement, including where an item is unavailable, where a price or specification error has occurred, where we cannot verify the payment or the payer, or where we reasonably suspect fraud. If we cancel, any amount you have paid is refunded in full.
3.5 Obvious errors in a quotation, invoice or website listing (for example a decimal error) are not binding on either party. We will notify you promptly and reissue the correct document, and you may cancel without penalty.
4. Prices, VAT and payment
4.1 All prices are quoted in South African Rand (ZAR) and, unless expressly stated otherwise, exclude VAT and delivery. VAT, where applicable, and delivery are shown as separate lines.
4.2 Accepted payment methods, deposit requirements and payment terms are set out in full on our pricing page. In summary: goods are payable in full before dispatch unless you are an approved account customer; service projects are payable 50% on acceptance and 50% on approval before go-live; monthly plans are payable in advance; approved accounts are payable within 30 days of statement.
4.3 Card payments are processed by a third-party payment gateway over an encrypted connection. We do not receive, see or store your full card details.
4.4 Ownership of goods passes to you only once we have received payment in full. Where services produce deliverables, ownership of those deliverables passes to you on final payment as set out in clause 11.
4.5 Overdue amounts may attract interest at the maximum rate permitted by law, and we may suspend further supply or services after giving you written notice and a reasonable opportunity to settle.
4.6 We do not change our banking details by email. Always verify banking details against the invoice or by telephoning us before making payment.
5. Supply of goods
5.1 We supply goods as a general dealer, sourcing to order. Availability and lead times are confirmed on each quotation and are estimates given in good faith.
5.2 All goods are new unless the quotation expressly describes them otherwise. We do not deal in counterfeit, refurbished-as-new or unlawfully obtained goods.
5.3 Product images, brochures and descriptions are indicative. Manufacturers may change packaging, finish or minor specifications without notice; such variations do not entitle you to a refund unless the item is materially different from what was quoted.
5.4 For motor vehicle parts, you are responsible for supplying the correct vehicle make, model, year and VIN. We fit our quotation to the information you provide. Where the wrong part is supplied because the information given to us was incorrect, our returns process still applies but a handling fee may be charged.
5.5 Special orders, imported items and made-to-order goods may require a deposit of up to 50%, which will be stated on the quotation before you accept it.
5.6 Digital goods, including software licences and activation keys, are delivered by email once payment is confirmed. Once a key has been issued or redeemed it cannot be returned, save as set out in the refund policy.
6. Supply of services
6.1 We will render services with reasonable skill and care, in accordance with the scope stated in the accepted quotation.
6.2 Timelines are estimates that assume timely feedback, content and approvals from you. Delays caused by outstanding information, approvals or payment shift the delivery dates accordingly.
6.3 Each project package includes two consolidated rounds of revisions at design stage and two at build stage. Additional revisions, or work outside the agreed scope, are quoted separately and only carried out once approved in writing.
6.4 A deliverable is deemed accepted if you confirm acceptance in writing, or if you do not raise a written defect within 7 working days of us notifying you that it is ready for review.
6.5 We provide 30 days of free corrective support after launch on every project, covering defects in our work. It does not cover new features, third-party changes or content updates.
6.6 Where services depend on third parties — hosting providers, domain registrars, payment gateways, licence vendors, couriers or connectivity providers — we are not responsible for their outages, price changes or terms, but we will assist you in dealing with them.
6.7 Monthly plans and retainers run month to month and may be cancelled by either party on 30 days’ written notice. Unused included hours do not roll over.
7. Your responsibilities
7.1 You must provide accurate contact, delivery and billing information, and inform us promptly if it changes.
7.2 You must provide the content, brand assets, access credentials, approvals and decisions we reasonably need, and you warrant that you have the right to use any material you supply to us.
7.3 You are responsible for the lawfulness of the content you publish through systems we build, and for keeping your own passwords secure.
7.4 If a project is inactive for more than 30 days because information or approvals are outstanding, we may invoice for work completed to date and reschedule the balance of the project subject to availability.
8. Delivery and risk
8.1 Delivery timelines, fees, collection arrangements and the procedure for damaged or missing parcels are set out in our delivery and shipping policy, which forms part of these terms.
8.2 Risk in goods passes to you on delivery to the address you gave us, or on collection. Ownership passes on payment in full.
8.3 You must inspect goods on delivery and report shortages, incorrect items or visible damage within 48 hours.
9. Cancellations and refunds
9.1 Your cancellation rights, our refund process, timeframes and the limited categories of non-returnable items are set out in full in our refund and cancellation policy, which forms part of these terms.
9.2 In summary: you may cancel an order for goods before dispatch at no charge; you have a 7-day cooling-off right on distance purchases under the Electronic Communications and Transactions Act; defective, damaged or incorrect goods are replaced or refunded at our cost; and services may be cancelled with payment due only for work completed and third-party costs already committed.
10. Warranties
10.1 Goods carry the applicable manufacturer or supplier warranty, and in addition the statutory six-month right under section 56 of the Consumer Protection Act to return goods that are unsafe, defective or not fit for their ordinary purpose. We facilitate all warranty claims on your behalf.
10.2 We warrant our own workmanship on services for 30 days after acceptance. Defects in our work reported within that period are corrected at no charge.
10.3 Warranties do not cover fair wear and tear, accidental or intentional damage, incorrect installation or use by others, unauthorised modification, power surges, or failure caused by third-party software or hardware we did not supply.
10.4 We do not warrant that any website or system will be uninterrupted or error-free, or that any particular commercial result, ranking or level of sales will be achieved.
11. Intellectual property
11.1 On receipt of full payment, ownership of the bespoke deliverables we create for you — website designs, page content we wrote, custom source code and brand assets — transfers to you.
11.2 Third-party components remain the property of their owners and are supplied to you under their own licences. This includes open-source libraries, licensed fonts, stock imagery, plugins and commercial software.
11.3 We retain ownership of our own pre-existing tools, frameworks, templates and know-how, and may reuse them on other projects. Nothing confidential to you is reused.
11.4 Domains, hosting accounts, analytics and third-party service accounts are registered in your name and remain yours.
11.5 Unless you ask us in writing not to, we may reference your name and show non-confidential images of completed work in our portfolio.
12. Confidentiality and data
12.1 Each party will keep the other’s confidential information confidential and use it only for the purposes of the engagement. We are willing to sign a separate non-disclosure agreement on request.
12.2 Our handling of personal information is governed by our privacy policy and the Protection of Personal Information Act 4 of 2013.
13. Limitation of liability
13.1 Nothing in this clause limits liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited.
13.2 Subject to clause 13.1, our total liability arising out of any order is limited to the amount you actually paid us for the goods or services giving rise to the claim.
13.3 Subject to clause 13.1, we are not liable for indirect or consequential loss, including loss of profit, loss of business, loss of anticipated savings, loss of goodwill, or loss or corruption of data where you have not maintained your own backups.
13.4 Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disaster, civil unrest, national disaster, sustained interruption of the electricity supply, failure of national telecommunications infrastructure, strike, or action by government or a supplier.
14. Suspension and termination
14.1 Either party may terminate an engagement on written notice if the other commits a material breach and fails to remedy it within 14 days of written notice.
14.2 We may suspend services or withhold deliverables where an invoice remains unpaid after due date and written reminder, or where continuing would be unlawful.
14.3 On termination you must pay for all goods delivered, all work completed and all third-party costs already committed on your behalf. We will hand over deliverables paid for in full, together with the credentials for accounts in your name.
15. Acceptable use of this website
15.1 You may not use this website unlawfully, attempt to gain unauthorised access to it, introduce malicious code, scrape it at a scale that degrades service, or copy its content for commercial reuse without our written permission.
15.2 The content of this website is provided for general information. While we keep it accurate and current, we do not warrant that it is complete or error-free, and it does not constitute professional advice on your specific circumstances.
15.3 Links to third-party websites are provided for convenience. We do not control and are not responsible for their content or practices.
16. Complaints and disputes
16.1 Please raise any complaint with us first at info@matmos.co.za. We acknowledge complaints within two working days and aim to resolve them within ten working days.
16.2 If a complaint cannot be resolved directly, the parties will attempt to settle it by good-faith negotiation, then by mediation, before either party approaches a court.
16.3 Consumers retain the right to refer a dispute to the National Consumer Commission or another competent body under the Consumer Protection Act.
16.4 The parties consent to the jurisdiction of the Magistrate’s Court having jurisdiction, notwithstanding that the amount in dispute may exceed its normal limits.
17. General
17.1 These terms are governed by the laws of the Republic of South Africa.
17.2 The accepted quotation together with these terms and the policies referred to in them constitutes the entire agreement between the parties and supersedes prior discussions.
17.3 Where a quotation or signed service agreement conflicts with these terms, the quotation or signed agreement prevails for that engagement.
17.4 No variation is binding unless recorded in writing. Failure to enforce a term is not a waiver of it. If a provision is found unenforceable, the remaining provisions continue to apply.
17.5 You may not cede or assign your rights under an order without our written consent.
17.6 Notices must be sent by email to info@matmos.co.za and, to you, to the email address on your order.
Related policies
This policy should be read together with our terms of service, refund and cancellation policy, delivery and shipping policy, privacy policy and published pricing structure.
Contact us about this policy
Questions, complaints or requests relating to this policy should be sent to info@matmos.co.za. We acknowledge all written queries within two working days.
Questions about our policies?
Email us and a person will answer — usually the same day, and within two working days at the latest.