Terms & Conditions

1.        TERMS

Welcome to Mana Marketing (Pty) Ltd. These terms and conditions (“Terms”) govern your access to and use of our website, services, and any related content provided by Mana Marketing (Pty) Ltd (referred to as “we,” “us,” or “our”).

By accessing or using our website or engaging with our services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our website or services.

2.        USER RESPONSIBILITIES

You are responsible for maintaining the confidentiality of any login credentials provided to you. You agree to use our website and services in a lawful manner, respecting the rights of others, and complying with all applicable laws and regulations.

3.        USE LICENSE

Permission is granted to temporarily download one copy of the materials (information or software) on Mana’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

• modify or copy the materials;
• use the materials for any commercial purpose or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Mana’s website;
• Remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mana at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4.        INTELECTUAL PROPERTY

All content, trademarks, logos, and intellectual property displayed on our website are the property of Mana Marketing (Pty) Ltd or its respective owners. You may not copy, reproduce, distribute, or use any content without obtaining prior written permission.

5.        SERVICE LIMITATIONS

While we strive to provide accurate and up-to-date information, our website and services are provided on an “as is” and “as available” basis. Mana makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mana does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

6.        LIMITATION OF LIABILITY

In no event shall Mana be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of our website or services. This includes but is not limited to any loss of data, profits, or business interruption.

7.        REVISIONS AND ERRATA

The materials appearing on Mana’s website could include technical, typographical, or photographic errors. Mana does not warrant that any of the materials on its website are accurate, complete, or current. Mana may make changes to the materials contained on its website at any time without notice. Mana does not, however, make any commitment to update the materials.

8.        THIRD-PARTY LINKS

Our website may contain links to third-party websites or resources. These links are provided for your convenience, but we do not endorse or have control over the content or practices of these third-party sites. Your use of such sites is subject to their respective terms and policies.

9.        MODIFICATION OF TERMS

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting the updated Terms on our website. It is your responsibility to review the Terms periodically for any changes. By using our website or engaging with our services, you agree to comply with these Terms. If you have any questions or concerns regarding these Terms, please contact us at info@manamarketing.co.za

If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

10.   GOVERNING LAW

Any claim relating to Mana’s website shall be governed by the laws of the state of South Africa without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Website.

11.   PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose, and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

Upon receipt of lawful consent, we will collect and use your personal information solely with the objective of fulfilling those purposes specified by us and/or related purposes.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

Our policies and practices relating to the management of personal information will be made readily available.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

12.   EARNINGS DISCLAIMER

From time to time, Mana may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by Mana and the Customer at the time of publishing.

While we make every effort to ensure that we accurately represent all the products and services reviewed on this website and their potential for income, it should be noted that the testimonials and reports used are exceptional results.

These exceptional results do not apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar result. Earnings and income statements made by Mana (www.manamarketing.co.za) and its advertisers/sponsors are for reference/testimonial purposes only.

With this disclaimer, you acknowledge that the prior success of others does not guarantee your success. There is no guarantee that you will generate the same levels of income and you accept the risk that the earnings and income statements differ by individual.

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of commitment. There is no assurance that examples of past earnings can be duplicated in the future and you acknowledge that there are no guarantees concerning the level of success you may experience. We cannot guarantee your future results and/or success. 

Each individual’s success depends on his or her background, dedication, commitment, and motivation.

In business and on the internet, there are some variables that we cannot foresee which could reduce the results you experience. We are not responsible for your actions.

The use of our information, products, and services should be based on your own due diligence and you agree that Mana is not liable for the failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised by Mana (www.manamarketing.co.za) or any of our advertisers/sponsors.

COOKIE POLICY

Mana Marketing Technologies (Pty) Ltd  (“us”, “we”, “our” or “Mana”) uses cookies on www.manamarketing.co.za (the “website”).

By using the website, you consent to the use of cookies.

This Cookie Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on the website, your choices regarding cookies, and further information about cookies.

What are cookies

Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the website or a third party to recognize you and make your next visit easier and the website more useful to you. Cookies can either be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. We use both session and persistent cookies on the website.

How Mana uses cookies

When you use and access the website, we may place a number of cookie files in your web browser.

We use cookies for the following purposes:

1.            to enable certain functions of the Service;

2.            to provide analytics;

3.            to store your preferences; and

4.            to enable advertisement delivery, including behavioral advertising.

Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the website, deliver advertisements on and through the website, etc.

What are your choices regarding cookies?

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.

Please note that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences and some of our pages might not display properly.

Where can you find more information about cookies?

You can learn more about cookies on the following third-party websites: AllAboutCookies – www.allaboutcookies.org or Network Advertising Initiative – http://www.networkadvertising.org.

To contact us with any queries relating to this Cookies Policy, please use the following details:

Email Address: info@manamarketing.co.za

13.   TESTIMONIAL DISCLAIMER

These examples are not typical.

Due to the variables associated with defining success in online marketing, it is impossible to accurately state when an individual may or may not achieve it.

Success is determined on an individual basis and is dependent on a variety of factors including willingness to take action and implement ideas based on what is taught, prevailing market conditions, target market selection, and the amount of hard work and effort an individual expends.

Similar to another type of marketing, our typical student should not expect to make any amount of money from the training that Mana provides but should expect to receive a great education.

Consequently, Mana does not guarantee success, income, or savings whether explicit or implied, and past customer testimonials are only examples of what can be obtained. There are risks associated with this education, and past results do not represent an indication of future success or earnings.

The customers depicted in our testimonial have declared the information shared is true and accurate at the time of publication.

The written, audio, and visual presentations offered may have been edited from their original versions. Some personal and private information has been removed in order to protect client and consultant confidentiality.

14.   DIGITAL SERVICES DISCLAIMER

All Services are subject to a signed agreement by both parties.

The services offered by Mana Marketing (referred to as “we,” “us,” or “our”) are provided under the terms and conditions outlined in the service scope, quote, and agreement signed by both parties.

This disclaimer serves to clarify that the provision of any digital services by Mana Marketing is contingent upon the mutual agreement and acceptance of the specific terms and conditions set forth in the formal agreement.

a.     Service Scope:

The agreed-upon service scope outlines the details, objectives, deliverables, and timeline for the digital services to be provided by Mana Marketing. Any modifications or additions to the service scope must be mutually agreed upon and documented in writing.

b.     Quote:

The quote provided by Mana Marketing outlines the pricing, payment terms, and any specific conditions related to the digital services. The quote is an integral part of the overall agreement and must be accepted by both parties for the services to proceed.

c.      Agreement:

The formal agreement, which includes the service scope, quote, and any additional terms and conditions, must be signed by both parties to establish a binding contractual relationship. The agreement outlines the rights, responsibilities, and obligations of both parties throughout the duration of the digital services.

Please note that any services offered by Mana Marketing are subject to the terms and conditions set forth in the signed agreement. It is essential to carefully review and understand the agreement before proceeding with the services. If there are any questions or concerns regarding the agreement, please contact us at info@manamarketing.co.za for further clarification.

15.   AFFILIATE AGREMEENT DISCLAIMER

By signing up to be an affiliate in the Mana Marketing Affiliate Program (henceforth known as the “Affiliate Program”), you agree to be bound by the following terms and conditions of this Agreement (henceforth known as the “Agreement”).

Please ensure that you read them carefully before signing up.

These Terms are a legal agreement between Mana Marketing (Pty) Ltd (henceforth known as “Mana,” “We,” “Us”) and you (the “Affiliate,” “You”).

The terms of the Agreement will begin upon completing your registration with Mana Marketing and will end when terminated by either party. Either you or we may terminate the Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your address on our records, is considered sufficient notice to terminate this Agreement.

Definitions:

• “Mana Marketing” means the company Mana Marketing (Pty) Ltd.
• “Affiliate Program” means our marketing affiliate program as described in this Agreement.
• “Agreement” means this marketing Affiliate Program Agreement and all materials referenced, linked, or attached therein.
• “Commission” means the amount described in the Affiliate Tool for each Customer Transaction.
• “Customer Transactions” mean those transactions by Leads that are eligible for Commission pursuant to the “Customer Transactions” section of this Agreement. These may include customer purchases or customer signups, as further described in the Affiliate Tool.
• “Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
• “Affiliate Tool” means the tool that we make available to you upon your acceptance into the Affiliate Program and for you to use in order to participate in the Affiliate Program.
• “Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
• The Parties to the agreement: “We,” “Us,” “Our,” and “Mana Marketing” means Mana Marketing (Pty) Ltd and the affiliate program.
• “Affiliate”; refers to the affiliate program
• “You”; means the party, other than us, entering into this Agreement and participating in the Affiliate Program.

Nature of the Relationship:

Mana Marketing Technologies (Pty) Ltd is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will not be permitted to make any statement, whether on your site or otherwise, that may reasonably contradict anything in this Agreement.

Age Limit and Acceptance into the Program:

To be accepted into our Affiliate Program, you must (i) be over 18 years old and (ii) agree to the terms and conditions of this Agreement.

By signing up to the Mana Marketing Affiliate Tool either as a user, client, or Affiliate, you admit to being over 18 years old and agree that the terms and conditions of this Agreement shall apply to you in full force and effect until terminated.

Once you have signed up for the Affiliate Program, you will be provided with a URL link that must be used to identify you when placing a link from your site, email, or other communications to the Mana Marketing website. It is your responsibility to ensure that each of these links is correctly formatted.

Non-exclusivity Clause:

This Agreement does not create an exclusive relationship between the parties. Both parties will have the right to recommend similar products and services of third parties and to work with other parties.

Customer Transactions:

·         Affiliate Program Limits:

Each accepted Lead will expire within one year from the date the Lead clicked on the Affiliate Link that was made available by you.

A Lead can also expire if they click on an Affiliate Link provided by another Affiliate other than you. This is known as operating “on the last referrer” or “on the last cookie.”

We will pay you a Commission for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Link made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.

The start of the Customer’s subscription is determined by the date of the first purchase or sign-up by the Customer, and you will receive a Commission payment for that monthly/annual Customer Transaction and for any additional purchases made by that customer during their subscription service unless the Lead clicks on another Affiliate Link after they make the purchase.

• Eligibility

To be eligible for Commission:

(i) A lead must be accepted and valid;

(ii) a Customer Transaction must have occurred;

(iii) a customer must remain a customer during a 30-day period; and

(iv) the Customer Transaction must not have been completed by you or any party affiliated with you, such as your employee, spouse, or family member.

You are not eligible to receive Commissions or any other compensation from us if:

(i) Such compensation is disallowed or limited by any laws or regulations in Ireland or the laws or regulations of your jurisdiction;

(ii) the applicable Customer objects to or prohibits such compensation or demands a refund within 30 days of the purchase date; and

(iii) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, misuse of the Affiliate Tool, or in violation of this Agreement or by any other means that we deem damaging to the Affiliate Program.

Should you fail to meet any of the above-said criteria, we have the right to discontinue, commission payments.

• Acceptance and Validity.

You will only be eligible for a Commission payment for any Customer Transactions that are derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by Mana Marketing. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination, they are: (i) a real person and (ii) a new potential customer of ours.

Regardless of the foregoing, we reserve the right to decline an Affiliate Lead at our sole discretion.

If a Lead does not make any Customer Transactions within a time period of (1) year from their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Lead decides to purchase after the time period has expired. If a person clicks on the Affiliate Link for the first time after this Agreement has ended or come to an end, they are not a valid Affiliate Lead.

• Engagement with Prospects.

Once we have received the Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Lead is valid. If a Lead is not valid, then we may choose to maintain it in our database and engage with such Lead. Any engagement between us and a Lead will be at Mana Marketing’s own discretion.

• Commission and Payment.

In order to receive payment under this Agreement, you must have:

(i) agreed to the terms of this Agreement;

(ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions; and

(iii) Have a valid and up-to-date payment method in the Affiliate Tool with such an account.

• Requirements for Payment

Forfeiture. We will have no obligation to pay you the Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in this section, then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.

• Commission Payment.

We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or another similar referral fee on any given Customer Transaction (unless we choose to at our own discretion).

• Taxes.

You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

• Commission Amounts.

We reserve the right to alter or change the Commission amount as per the Affiliate Tool.

• Commission Payout

Please note that all commission payouts are subject to payout fees. These fees are deducted from the commission amount before the final payout is issued to the affiliate. The specific payout fees are subject to the third-party payment gateways that we use.

It is important to understand that these payout fees cover administrative and processing costs associated with commission payments. The deducted amount helps us manage the financial transactions efficiently and ensure smooth operations of our affiliate program.

We strive to provide accurate and timely commission payouts while minimizing any associated costs. However, please be aware that the actual payout amount received by the affiliate may be slightly lower than the original commission amount due to these payout fees.

If you have any questions or concerns regarding the commission payout process or the applicable payout fees, please reach out to our affiliate support team for further clarification. We value transparency and aim to provide you with a clear understanding of the payout process and any associated fees.

By participating in our affiliate program, you acknowledge and accept the deduction of payout fees from the commission payouts. We appreciate your understanding and cooperation in this matter.

Note: The specific payout fees may vary and are subject to change without notice.

Brand Promotion

You have the right to use the resources and trademark images that we make available to you while respecting the following conditions:

• You are prohibited from altering our resources in any way.
• You can only use our trademarks in connection with the affiliate program, and you may not use any other competitor trademarks in your promotion of Mana Marketing.
• You are prohibited from using our trademark in a misleading way or implying that we endorse, sponsor, or approve of your services or products without our prior consent.
• You are prohibited from using our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
• You are solely responsible for ensuring that your reviews, product descriptions, and articles adhere to all applicable copyright and trademark regulations and other laws. Mana Marketing will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law.
• If we request you to discontinue use, you are required to comply immediately, failing which, you herewith consent that we may proceed with legal action against you.

Legal Stipulations

You must comply with all applicable foreign and domestic laws (including, but not limited to, export laws and laws governing the sending of unsolicited emails), governmental regulations, ordinances, and judicial administrative orders, and you must ensure that any third parties performing sales or referral activities on your behalf do the same. You agree not to engage in any deceptive, misleading, illegal, or unethical marketing activities or any other activities that may be harmful to us, our customers, or the general public. The Mana Marketing Affiliate Program may be affected by the export laws and rules of the United States, as well as any other export laws and rules that are important in the area.

Indemnification

You will be liable for all our legal costs against any third-party claim, suit, action, or proceeding brought against us by a third party based on or arising out of your noncompliance with or breach of this agreement or your misuse of any trademarks.

We will:

(i) notify you in writing within thirty (30) days of our becoming aware of any such claim;

(ii) give you sole control of the defense or settlement of such a claim; at your own cost and

(iii) provide you with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim.

You shall not accept any settlement on our behalf, without our written consent prior to any proposed settlement.

Governing Law and Jurisdiction

This legal notice shall be governed by and construed in accordance with South African law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the South African Courts.

16.   REFUND AND CANCELLATION POLICY

Mana Marketing is a digital marketing agency whose goal is to provide the highest level of digital marketing services to our clients.

Like all businesses in order to provide our services, we need to cover operating expenses associated with providing said services. We expect our clients to understand the associated costs and respect all policies regarding our services. 

We require payments to be made on time with respect to the services, and any and all-inclusive materials, I.e., content, files, and images to be submitted upon request.

All fees collected are subject to the refund policies as outlined below. Upon hiring Mana, for digital marketing and/or web designing services you are bound by our refund and cancellation policy agreement and agree to abide by our policies therein.

a. Project-Based Refund Policy

We plan each project by dividing work into milestones.

All projects begin with a complete discovery/analysis and the creation of a scope of work document. This is done to make sure that both parties have a complete understanding of the work required and thus eliminate the potential for project cancellations, reversals, or disputes.

As there is time spent to achieve every milestone and complete every module, we have an extensive refund policy.

In the event of a project terminated on a mutual basis, the client has control of all completed work, and any payment for further development will become void. No previous payment or deposit will be refunded.

No payment will be refunded once the client approves mock-up designs and we move into the development phase of the project.

There are no partial refunds for projects mid-way through a milestone phase.

No cancellations are entertained for services that our marketing team has offered on special occasions. These are limited-time offers and cannot be canceled.

Digital marketing packages are not refundable, but the client may cancel with a notice written 30 days in advance.

We do not offer refunds on deposits or payments for projects that are abandoned or lay dormant for more than 30 days.

b.     Website Hosting Refund Policy

All hosting payments whether present or past months are non-refundable. Web hosting accounts are set up from the date of your order and are allotted a limited amount of server resources depending on the plan you purchased.

Upon installation of a Client hosting account payment is considered due. If the Client fails to use a hosting account set up by Oculon, in association with Mana, fees will not be remanded and are still considered due. Hosting billing cycles continue until a 30-day cancellation notice is received in writing from the CLIENT.

c.      Web Development Refund Policy

Web design and development project requirements comprise extensive resources including time, research, and incurring internal expenses. Therefore, once a payment or deposit is made, it is non-refundable. By submitting a deposit payment client agrees to the pricing in the quote. All client-provided material to Mana is considered as Mana property and assumes no return of said materials. Materials include emails, data, images, and or samples of any kind. Mana is not responsible for any lost, stolen, or misplaced material. If a project is canceled, delayed, or postponed by the CLIENT, all fees will be forfeited and will be retained by Mana. If applicable, an additional cost will be charged to the CLIENT for all work completed beyond the project’s original specifications. No exceptions.

d.     Social Media Management and Marketing Refund Policy

All Payments for Social Media Marketing or any of our Internet Marketing services are non-refundable per agreement. Once a payment or deposit is made, no exceptions will be granted to our refund policy even if fees were paid in advance.

• A full refund will be made if you secede to cancel our services within 5 days of making the payment.
• If you choose to terminate our services after the initial 5 days then you will be charged an amount equivalent to the working hours put into the project. The balance will be credited to the account from which you made payment within 45 days of cancellation.
• Cancellation of any service renewal should be done 30 days prior to the start of the next billing cycle.
• If cancellations are made after the start of the billing cycle, then an amount equivalent to the working hours put into the project during that month will be billable, which the clients will be liable to pay.
• If you signed up for our services but did not make use of them then you are still liable to pay us.
• The amount of refund will be credited to the account from which the payment was made within 45 days of service cancellation.

• SEO Refund Policy

Mana will not be liable for refund or guarantee of top search ranking under any of the following circumstances:

In case of effect on SEO ranking due to changes in the ranking algorithm, policies, or functionality of search engines.

Link building, a part of SEO, is carried out based on the information you provide us. In case the URLs given by you are incorrect, we will not be responsible for any subsequent errors and there will not be any refunds or money-back guarantee.

Mana will not be responsible for SEO results if the client engages with any other third-party SEO services.

The number of times and rank of a website appearing on the search list varies and thus an immediate change in the search ranking cannot be guaranteed.

Any adverse effect on ranking due to changes in website content by the client or third-party service provider hired by them.

There is no guarantee that our SEO services will show the client’s website in the top ten search ranks. However, understand that we work in your best interest and put in our best effort to provide genuinely profitable results. Our aim is to make your life simpler and your business more lucrative.

• Account Suspension and Termination Policy

All hosting payments that are 7 days past due will trigger an account suspension. Hosting paid up to 12 months in advance and canceled before the expiration date will be refunded for the months not yet elapsed.

Mana reserves the right to disable and/or terminate a user’s account, services, or contract if a user is found in violation of our terms and policies. Termination due to policy violations will not be refunded.

*Mana reserves the right to change the above refund and cancellation policy at any given point

without any prior notice.