1. Who We Are
Massive Operations (Pty) Ltd, trading as Massive Operations, is a South African company providing software and digital services. Our company registration number is K2025535844. Our website is www.massiveoperations.co.za. You can contact us at support@massiveoperations.co.za or legal@massiveoperations.co.za. Our telephone number is 0624079139. We do not sell physical goods through this website.
2. Agreement and Use of the Website and Portal
These Terms of Service govern your use of our public website, client portal, and services. By using the website or portal, or by signing a proposal, you accept the terms that apply to that use or engagement. If you do not agree, do not use the website, portal, or services.
You may not use the website or portal unlawfully, attempt unauthorised access, impersonate another person, upload malware or harmful content, interfere with operation, or scrape the platform at a volume that degrades service for others. You must keep login credentials confidential and must promptly report suspected unauthorised access.
We may suspend or terminate accounts, restrict access for security reasons or overdue invoices, remove unlawful or harmful content, and preserve records where reasonably necessary for security, legal, or regulatory purposes.
3. Services and Proposals
Our services may include SEO, website development, web application development, frontend development, backend development, e-commerce, hosting, maintenance, technical support, performance optimisation, automation, and integrations. We do not provide digital marketing services.
Website content is general information and is not a proposal or offer capable of acceptance. The scope, deliverables, timelines, revisions, and price for an engagement are set out in a written proposal. Quotes remain valid for 30 days unless the proposal says otherwise.
Work begins only after you sign the proposal and pay the required 50% deposit. Verbal approvals are not accepted. If a signed proposal conflicts with these Terms, the signed proposal takes precedence.
4. Payment, Subscriptions, and Chargebacks
Standard invoices are due within 14 days. We do not charge interest on overdue invoices, but we may pause work and suspend portal access until overdue amounts are paid. Hosting, maintenance, and retainers are not billed in advance. We do not add third-party costs such as hosting, domains, licences, advertising, or software to your invoice.
We support recurring subscriptions. Subscription cancellation takes effect at the end of the current billing period. Failed payments may suspend services or portal access. Paystack processes subscription payments and card details; we do not store card details.
Payments are non-refundable. Clients may not request refunds, subject to rights that cannot legally be excluded. An unjustified chargeback is a payment default and may result in suspension of services or portal access. You remain liable for the disputed amount and reasonable recovery costs, subject to applicable law.
5. Client Responsibilities and Delays
You must provide accurate content, brand assets, access, approvals, and decisions needed for the work. You confirm that the text, images, video, fonts, logos, data, and other materials you provide may lawfully be used for the project. Massive Operations is responsible for arranging licences for client-provided materials where the proposal assigns that responsibility to us.
Revision rounds are defined in the proposal. Changes after approval are additional work and require written approval before they begin. Deadlines may shift automatically when you are late with content, access, feedback, or approvals.
Delays caused by missing content or approvals may incur charges, which will be presented to you. You will have 72 business hours to pay those charges. If payment is not received, we may terminate the engagement.
6. Files and Portal Content
The portal accepts PDF, PNG, JPG/JPEG, and SVG files, subject to a maximum of 7 MB per file and 15 MB total per upload request. We validate and scan uploads. You are responsible for keeping your own backups.
By approving a proposal or using the portal to upload content, you give us the permission needed to store, process, transmit, and use that content to provide the services. We use Cloudinary for production file storage. We may delete files after project termination or inactivity. After termination, files remain available for 60 days, while portal access closes immediately.
7. Intellectual Property
Ownership of custom deliverables transfers to you only after full payment. Massive Operations retains ownership of reusable frameworks, libraries, components, templates, internal tools, methods, rejected concepts, drafts, prototypes, and unused designs.
Upon request, we may grant you a licence to use our underlying tools as part of your deliverables. Third-party libraries, frameworks, plugins, fonts, stock imagery, and other components remain subject to their own licences.
We retain the right to display completed work in our portfolio. Client work shown in our portfolio remains the client's property; the display does not transfer ownership to us.
8. Confidentiality and Privacy
Each party must keep the other party's non-public business, financial, technical, project, account, pricing, proposal, portal, and other confidential information confidential, use it only for the engagement, and protect it with reasonable care. These obligations survive termination indefinitely.
Confidential information may be disclosed to employees, contractors, hosting providers, email providers, payment providers, security providers, and other service providers where reasonably necessary to provide the services, provided they are subject to appropriate confidentiality obligations. Disclosure is also allowed where required by law.
Personal information is handled as described in our Privacy Policy. Where we process personal information on your behalf, we act as an operator under POPIA on your instructions. You remain responsible for having the necessary permissions to provide personal information to us.
9. Third-Party Services
We use third-party providers including Vercel, Neon/Postgres, Upstash Redis, Resend, Cloudinary, Sentry, Google OAuth, Microsoft OAuth, Paystack, GoDaddy, and Cloudflare. These providers may process information or support hosting, authentication, storage, payments, email, security, monitoring, or infrastructure. We do not control their availability, policies, security, or changes to their services.
10. Warranties and Liability
We perform services with reasonable skill and care, but do not guarantee particular rankings, traffic, leads, sales, revenue, conversion rates, advertising results, or other business outcomes. Third-party platforms and their rules may change without notice.
We are not liable for faults caused by third-party platforms, changes made by you or another supplier, content supplied by you, or your failure to maintain software, hosting, security, or backups where that is your responsibility.
To the fullest extent permitted by law, our total liability arising from an engagement is limited to the fees paid for the specific work giving rise to the claim. We are not liable for indirect or consequential loss, including loss of profit, revenue, data, goodwill, or anticipated savings. Nothing excludes liability that cannot lawfully be excluded, including fraud or rights under the Consumer Protection Act where it applies.
11. Ending an Engagement
You may terminate an engagement without cause by giving 14 days' written notice. We may terminate if you materially breach these Terms or the proposal and fail to remedy the breach within 48 hours after written notice. We may also suspend or terminate for overdue payments, unlawful use, security risks, or an unjustified chargeback.
On termination, you must pay for all work completed, approved additional work, outstanding invoices, and commitments already made on your behalf. Deposits and all unused prepaid amounts are non-refundable. Ownership transfers only after full payment.
12. Events Beyond Our Control
Neither party is liable for failure caused by events outside reasonable control, including power failure, load shedding, network or hosting outages, natural disaster, civil unrest, or failure of a third-party platform. The affected party will give notice where reasonably possible and take reasonable steps to limit the effect.
13. Website Content, Availability, and External Links
Website content, code, design, writing, branding, and other materials belong to us or are used with permission. You may not republish substantial portions, scrape the site, or use our name or logo to imply an unauthorised endorsement. The website and portal are provided as available and may be changed, suspended, or taken offline for maintenance or reasons outside our control.
External links are provided for convenience. We do not control or accept responsibility for external websites, their content, availability, or privacy practices.
14. Changes to These Terms
We may update these Terms for future proposals and engagements. Signed proposals continue under the version accepted when they were signed. We will communicate material changes to active clients by email. Continued use of the website after updated terms are posted constitutes acceptance of the website terms.
15. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa. The parties will first try to resolve disputes through good-faith negotiation. They may then attempt mediation with a neutral facilitator before court proceedings, unless urgent relief is needed. Mediation does not require either party to settle.
The courts in the Mangaung/Bloemfontein district, Free State, have jurisdiction on a non-exclusive basis. Where the Consumer Protection Act applies, nothing in these Terms limits your right to approach the National Consumer Commission or an accredited ombud.
16. General
If any provision is unenforceable, the remaining provisions continue. A failure to enforce a provision is not a waiver. The signed proposal and these Terms form the agreement for the engagement and replace earlier discussions on the same subject. You may not transfer your rights or obligations without our written consent.
17. Contact
Massive Operations (Pty) Ltd can be contacted at support@massiveoperations.co.za or legal@massiveoperations.co.za. Our telephone number is 0624079139.
These Terms of Service are provided for general information and govern your use of the Massive Operations website, portal, and services.