Terms & Conditions

These Terms and Conditions (“Terms”) govern the relationship between Beyond Imagination Consulting (Pty) Ltd(Registration No. 2023/885807/07), trading as Beyond Imagination (“Beyond Imagination”, “we”, “us”, “our”), located at Waterford Court Office Park, 236 Glover Ave, Die Hoewes, Centurion, 0163, Gauteng, South Africa, and any person or entity (“you”, “the Client”) who engages our services or uses our website.

By submitting an enquiry, accepting a proposal, placing an order, or engaging any of our services — whether in writing, electronically, or by conduct — you confirm that you have read, understood, and agree to be bound by these Terms.

Where a Client is a juristic person (company, close corporation, or other entity), the individual accepting these Terms on its behalf warrants that they have authority to bind that entity.

If you do not agree with any part of these Terms, you must not proceed with engaging our services and should contact us to discuss your concerns before any agreement is concluded.

Beyond Imagination is a full-service marketing and creative agency registered and operating in South Africa. We provide marketing consulting, design and development, and AI marketing and automation services to South African and international businesses.

Beyond Imagination offers three primary service areas:

• Marketing Consulting — brand strategy and positioning, market research and insights, campaign planning and media buying, and performance analytics and reporting.
• Design and Development — website design and development, brand identity and visual systems, social media and content production, and video, motion and animation.
• AI Marketing and Automation — AI chat and voice agents, marketing automation workflows, CRM integration, lead scoring and nurture sequences.

The specific services rendered in any engagement will be set out in a written proposal, quotation, or statement of work agreed between the parties. We reserve the right to decline any engagement at our discretion, without obligation to provide reasons.

All quotations and proposals are valid for 14 (fourteen) calendar days from the date of issue, unless a different validity period is expressly stated.

A quotation does not constitute a binding agreement. A binding agreement is formed only when the Client formally accepts the quotation or proposal in writing — whether by email, signed agreement, or online acceptance — and we confirm the engagement in writing.

Quotations are based on the information and specifications provided at the time of the quote. Material changes to scope, specifications, or deliverables after acceptance may result in a revised quotation and amended timeline. We will notify you before proceeding with any variation that affects price.

All fees are as set out in the accepted quotation or proposal. Unless expressly stated otherwise, all fees are quoted exclusive of VAT. Value-Added Tax is charged at the prevailing statutory rate (currently 15%) as required by the Value-Added Tax Act 89 of 1991, and is reflected separately on all invoices.

Default payment terms

Unless otherwise agreed in writing:

• A deposit of 50% of the total project fee is payable upon acceptance, before work commences.
• The balance is payable within 7 (seven) business days of project completion or delivery of the agreed deliverables.
• Retainer clients are invoiced monthly in advance; payment is due within 7 (seven) business days of invoice date.

Method of payment

Payments must be made by electronic funds transfer (EFT) to the account details reflected on the invoice. We do not accept cash payments above the threshold prescribed by the Financial Intelligence Centre Act 38 of 2001 (“FICA”).

Late payments

Overdue amounts attract interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, calculated from the due date until the date of payment. We reserve the right to suspend services where payment is overdue by more than 14 (fourteen) calendar days, without prejudice to any other remedies available to us.

International clients

Where clients are invoiced in a currency other than ZAR, conversion will be based on the prevailing exchange rate at the time of invoicing. Any bank charges or currency conversion fees are for the client's account.

Our pre-existing IP

All intellectual property owned or developed by Beyond Imagination prior to or independently of any client engagement — including our methodologies, templates, tools, frameworks, AI systems, and proprietary code — remains our exclusive property. Nothing in these Terms transfers ownership of such IP to the Client.

Project deliverables

Upon receipt of payment in full, Beyond Imagination assigns to the Client the intellectual property rights in the agreed deliverables specific to that project, to the extent required for the Client's intended use, unless a different arrangement is specified in writing in the proposal.

Client materials

You warrant that all materials, content, trade marks, images, and data you provide to us are either your property or you have full rights to use them, and that their use by us in the project will not infringe any third party's rights. You indemnify Beyond Imagination against any claim arising from a breach of this warranty.

Portfolio and case study rights

Unless you request otherwise in writing before project commencement, we reserve the right to display completed work in our portfolio, website, and marketing materials as an example of our creative work.

Registered trade marks

The Beyond Imagination^® name and the b logo^® are registered trade marks of Beyond Imagination Consulting (Pty) Ltd (Reg. No. 2023/885807/07), registered with the Companies and Intellectual Property Commission (“CIPC”) of South Africa under the Trade Marks Act 194 of 1993. These marks may not be used, reproduced, displayed, or incorporated into any material, product, or service without our prior written consent. Unauthorised use constitutes trade mark infringement and may result in legal action.

Third-party licences

Where deliverables incorporate third-party licensed materials (such as stock photography, licensed fonts, or software libraries), those materials remain subject to the applicable third-party licence. We will notify you of any material third-party licence requirements that affect your use of the deliverables.

To enable us to perform our services effectively, you agree to:

• Provide accurate, complete, and timely information, content, and feedback as reasonably required.
• Designate a single authorised point of contact for the project with authority to give binding instructions.
• Obtain all necessary internal approvals before submitting instructions or content to us.
• Respond to review and approval requests within agreed timeframes (or within 5 business days if no timeframe is agreed).
• Provide access to your systems, platforms, accounts, or third-party tools as required, in a timely manner.

Where a project is delayed because of the Client's failure to comply with the above obligations, Beyond Imagination is not responsible for those delays, and any agreed timelines are extended accordingly. Additional costs incurred as a result of Client-caused delays may be charged.

You are responsible for ensuring that your own marketing, advertising, and business activities comply with all applicable South African laws, including the CPA, the Advertising Regulatory Board (“ARB”) codes, and any industry-specific regulations. We accept no liability for your failure to comply with such laws.

Each party agrees to keep the other party's confidential information strictly confidential and not to disclose it to any third party without prior written consent, except to professional advisers bound by equivalent confidentiality obligations or where required by law, court order, or a regulatory authority.

Confidential information means any non-public information relating to a party's business, clients, pricing, strategies, systems, or trade secrets that is designated as confidential or that a reasonable person in the industry would understand to be confidential.

This confidentiality obligation survives termination of any engagement for a period of 3 (three) years.

In terms of section 54 of the Consumer Protection Act, we warrant that our services will be performed:

• With reasonable care and skill.
• To a standard that persons are generally entitled to expect given the description and price of the services.
• Fit for the purpose for which such services are ordinarily provided.

If our services do not meet this standard, you are entitled, subject to section 56 of the CPA, to require us to remedy the deficiency at no additional cost, or to a proportionate refund of the amount paid for the deficient services.

In terms of section 16 of the Consumer Protection Act, if you receive a direct marketing communication from us and enter into an agreement as a direct result of that communication, you have the right to cancel that agreement without penalty within 5 (five) business days of the agreement being concluded.

To exercise this right, you must notify us in writing by email to Info@beyondic.co.za within the cooling-off period. We will refund any amounts paid within 15 (fifteen) business days of receiving your cancellation notice.

The cooling-off right does not apply where you are a juristic person with an asset value or annual turnover above the threshold prescribed under the CPA, or where the CPA otherwise does not apply to the transaction (including where services have already been substantially rendered at your request during the cooling-off period).

You may unsubscribe from our marketing communications at any time by clicking the unsubscribe link in any marketing email, or by emailing Info@beyondic.co.za with “Unsubscribe” in the subject line.

To the maximum extent permitted by applicable law, Beyond Imagination's total liability to you for all claims arising out of or in connection with any engagement shall not exceed the total fees actually paid by you to us in the 3 (three) months immediately preceding the event giving rise to the claim.

Beyond Imagination is not liable for any indirect, special, incidental, punitive, or consequential loss or damage, including but not limited to loss of profit, loss of revenue, loss of anticipated savings, loss of data, loss of goodwill, or business interruption — even if we have been advised of the possibility of such loss.

Neither party is liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, war, civil unrest, government or regulatory actions, national or regional power outages (load-shedding), pandemics, or failures of third-party telecommunications or internet infrastructure.

The affected party must notify the other party in writing as soon as reasonably practicable after becoming aware of the force majeure event, and must use reasonable endeavours to minimise its effects and resume performance as soon as possible.

Termination by the Client

You may terminate a project by giving us 20 (twenty) calendar days' written notice to Info@beyondic.co.za. Upon termination, you remain liable for:

• All fees for work completed or in progress up to the termination date.
• Any third-party costs or commitments incurred on your behalf that cannot reasonably be avoided or cancelled.

Termination or suspension by Beyond Imagination

We may immediately suspend or terminate services by written notice if you:

• Fail to make any payment due and do not remedy the failure within 7 (seven) calendar days of written notice.
• Materially breach any provision of these Terms and do not remedy the breach within 14 (fourteen) calendar days of written notice from us.
• Become insolvent, enter into voluntary business rescue or liquidation proceedings, or have a curator, liquidator, or administrator appointed.
• Use our services for any unlawful, fraudulent, or harmful purpose.

Effect of termination

On termination, all outstanding amounts become immediately due and payable. We will deliver to you all completed deliverables that have been paid for in full. Clauses relating to intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination.

The parties agree to first attempt to resolve any dispute or disagreement arising from or relating to these Terms through good-faith negotiation within 30 (thirty) calendar days of one party notifying the other of the dispute in writing.

If the dispute is not resolved through negotiation, the parties agree to refer it to non-binding mediation before resorting to litigation. The mediation will be conducted under the auspices of the Arbitration Foundation of Southern Africa (“AFSA”), and the cost of mediation will be shared equally between the parties.

If mediation fails or a party refuses to participate, either party may pursue the matter through the competent courts of South Africa.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, excluding any conflict of law rules that might require the application of the law of another jurisdiction.

The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria for the resolution of any dispute arising out of or in connection with these Terms, without prejudice to either party's right to approach a Magistrate's Court having jurisdiction over the matter.

• Entire agreement: These Terms, together with the accepted proposal or quotation and any written statements of work, constitute the entire agreement between the parties and supersede all prior oral or written representations, negotiations, or agreements relating to the subject matter.
• Variation: No variation of these Terms is binding unless agreed in writing and confirmed by an authorised representative of each party.
• No waiver: A failure or delay by either party in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, it will be severed or modified to the minimum extent necessary, and the remaining provisions continue in full force and effect.
• Plain language (CPA s22): These Terms are intended to be read and understood by an ordinary person of average literacy. If any provision is unclear, please contact us before proceeding.
• Electronic communications: Communications by email satisfy the requirement for written notice under the ECT Act and these Terms, subject to confirmation of receipt.
• Notices: Formal notices must be delivered by email to the party's last known email address or by hand or registered post to their physical address. Notices by email are deemed received on the next business day after sending, unless the sender receives an automated delivery failure notification.

These Terms were last updated on 9 May 2026. We may update them from time to time — material changes will be notified by email or a notice on our website. Continued use of our services after notification constitutes acceptance of the updated Terms.