Terms of service
Thank you for showing interest in our services. These are our terms and services.
In A Nutshell:
Clients will have complete copyright of the content as soon as they are given access to the client folder with the final work and payment has been made in full. This includes the written copy (which is created by a ghostwriter and does not need to be credited), the research, data and the images. With reference to images, we only use royalty-free images that are available in the public domain. We will resize these images according to your requests.
For those of you that enjoy reading the fine print, we’ve got that for you too.
- These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Travel Tractions a company registered in South Africa under number 2019/404716/07 whose registered office is at 12 Windblom Rd, Bloubergstrand, Cape Town, 7436, South Africa with email address firstname.lastname@example.org (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website traveltractions.com on which the Services are advertised.
- The description of the Services is as set out in the Website, catalogues, brochures, social media or other form of advertisement.
- In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. We provide a standard operating procedure (SOP) to be filled out by the Consumer before work is produced.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any information under your control as required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
- We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
- The description of the Services on our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you or if any information is missing. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all the information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
- The Company has the right to use marketing material, strategies and content in aid of case studies and learning material to benefit Travel Traction, its clients and the community.
Fees and Payment
- The fees (Fees) for the Services at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order, we alternatively accept payment via Paypal Payment Gateway, Payoneer or Transferwise and we can take payment immediately or otherwise before delivery of the Services.
- Account credits can be purchased or awarded in US Dollars ($ USD) only and can be used for the purchase of services on the website. Account credits cannot be refunded as currency and are valid for 12 (TWELVE) calendar months from the day of purchase. After this period of time the credit will be forfeited and no refunds will be made on expired credit.
- We will deliver the Services via email by the time or within the agreed period or, failing any agreement in the case of Services, within a reasonable time.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges. The exception is that TravelTractions makes the Consumer aware of any delays in advance.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
Amendments and changes
- Amendments will be made with respect to the service offered and the number of amendments or hours stated on the product or service.
- Amendments and changes must be requested within 2 weeks, (14 days) from when the work is delivered unless previously arranged before the time of order or delivery, by a clear statement setting out time period (e.g. an email).
Risk and Title
- You do not own the content provided until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any Services outstanding.
Withdrawal and Cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 48 hours, without giving any reason, on the condition that the Services have not already been delivered. The exception that monthly retainers calculations must be 28 days in advance.
- In a contract for the supply of Services, the cancellation period will expire 48 hours from the day the Contract was entered into.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. an email). In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
- Except as set out below, if you cancel this Contract, we will reimburse all payments received from you.
Payment for Services Commenced During the Cancellation Period
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Conformity and Guarantee
- We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, Termination and Suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and Our Sub-Contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii). Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
- The Contract (including any non-contractual matters) is governed by the law of South Africa.
- Disputes can be submitted to the jurisdiction of the courts of South Africa.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.
Affiliate Terms and Conditions
For all information on Travel Tractions affiliate terms and conditions are stipulated on the Terms and Conditions page of our website.