Terms & Conditions

1. Definitions

“Komena (Pty) Ltd”, “Vendiflex (Pty) Ltd”, “Vendiflex”, “Komena.Com”, “Komena”, “KDG”, “Soniq”, “Soniq Systems”, “YCS”, “Your Community Solution”, “SA Magazines” and “SAMAG” collectively refer to Komena (Pty) Ltd and Vendiflex (Pty) Ltd trading under any of the respective names, and will be referred to in these terms as “The Company”.

All logos and trademarks remain the property of their respective owners. Any person or entity placing an order, accepting a quotation, requesting a service, making payment or providing instructions must accept these Terms and Conditions.

2. Orders

• All company orders must be accompanied by an official and irrevocable order or written confirmation.
• All items ordered must be paid in full with the order.
• Private orders may be accepted subject to a guarantee of payment.
• Quotations are valid for one day unless otherwise stated.
• No item may be returned for credit after delivery.
• Items cancelled or returned before delivery may be subject to a 20% handling fee, with a minimum fee of R250.00.
• The client is responsible for ensuring that all products, specifications and quantities ordered are correct.
• Acceptance of a quotation, whether verbal or written, is binding.

3. Pricing

Pricing may be based on the prevailing Rand/US Dollar exchange rate on the date of quotation. Quotations are valid for 24 hours unless otherwise confirmed in writing. Prices and stock availability may change before delivery due to exchange-rate movements, supplier increases or stock changes.

E&OE applies.

4. Payment

• Payment is strictly by cash or electronic bank transfer.
• No cheques are accepted.
• No credit or payment terms are provided unless expressly approved in writing by The Company.
• All prices are based on one order and one delivery unless otherwise stated.
• Prices are quoted net and exclusive of VAT unless stated otherwise.
• A quote rejection fee of 20% of the quotation value or R250.00, whichever is higher, may apply.
• No refund will be granted unless approved in writing by The Company.

5. Ownership of Equipment

Ownership and liability for goods pass to the purchaser upon full payment, subject to any applicable supplier or manufacturer terms.

6. Guarantees & Warranties

• New equipment carries a one-year guarantee unless otherwise stated.
• Second-hand or refurbished equipment carries no guarantee unless expressly stated in writing.
• Media and consumables carry no warranty.
• Manufacturer guarantees, warranties and support remain subject to the manufacturer’s terms and approval.
• Warranty periods commence on the invoice date.
• Warranty may be void where serial labels are missing or damaged, or where equipment has been tampered with.
• Equipment returned for assessment must include the original invoice and a full fault report.
• Courier, transport and postal charges for returned items are for the client’s account.
• Hardware and software compatibility is not guaranteed.
• On-site support is charged at the applicable call-out and labour rates.
• Repair times are estimates only and may depend on suppliers, parts and manufacturer decisions.

7. Specifications

Specifications, prices and availability may change without notice. Pricing may be recalculated according to the exchange rate and supplier pricing applicable at the time of order.

8. Deliveries

• Delivery and courier charges are for the client’s account unless otherwise agreed.
• Delivery times depend on stock availability, suppliers and courier services.
• Courier services may be arranged to major cities and other supported destinations in South Africa.
• End-of-life, obsolete or scarce products may cause delays or require substitution with an equivalent item.
• The Company is not responsible for delays caused by strikes, suppliers, couriers, transport problems, force majeure or other events beyond its reasonable control.

9. Software Licensing

The Company reserves the right to request proof of software ownership before installation, setup, support or data recovery. The Company will not sell, loan, distribute or install illegal copies of software.

Clients are responsible for ensuring that all software supplied for installation is genuine, properly licensed and suitable for the intended device.

10. The Company and Its Staff

• The client must provide a reasonably safe working environment.
• Safe parking must be available for company vehicles where on-site work is requested.
• Loss or damage to company vehicles, tools or equipment caused by unsafe site conditions may be charged to the client.
• The Company will not be liable for loss or damage except to the extent that liability cannot lawfully be excluded.

11. Loss of Data

The Company is not responsible for data loss arising during repairs, servicing, virus removal, upgrades, software installation, hardware replacement, remote support or any related work.

Clients are responsible for maintaining current and verified backups. A backup service may be provided upon request and quotation.

12. Software and Hardware Support & Compatibility

• Technical, remote and telephonic support may be charged at the applicable rate.
• Support is provided subject to an agreed method of payment.
• The Company does not guarantee compatibility between third-party software, operating systems, hardware or peripherals.
• Clients must ensure that their software licences and applications are compatible with any upgrade or replacement device.
• Compatibility assessments may be quoted separately but do not constitute a guarantee that all software will function without error.

13. Consequential Damages or Losses

To the maximum extent permitted by law, The Company will not be liable for loss of profits, loss of contracts, business interruption, loss of data, indirect loss, special loss or consequential damages arising from goods, services, support, delays, theft, hijacking, accidents, third-party failures or defective components.

Clients must maintain appropriate insurance for equipment, data, materials and other property left with or transported by The Company.

14. Website Design & Hosting

14.1 Instructions and Orders

Website, hosting, design and advertising instructions may be accepted in writing, by email or verbally. Verbal instructions and acceptance are binding.

14.2 Intellectual Property

Unless otherwise agreed in writing, designs, artwork, source materials and intellectual property created by The Company remain its property. Where a service ends or is cancelled, The Company may remove or discontinue work, content or advertising it created, subject to any written agreement with the client.

14.3 Client Content

The client must supply all required text, images, logos and other information within seven days of accepting the service, unless otherwise agreed. The client warrants that it is authorised to use all supplied content and that the content does not infringe third-party rights.

14.4 Payment and Suspension

Payments are due within 48 hours of acceptance unless otherwise stated. Domain renewals are payable when presented. Services may be soft-locked after seven days of non-payment and hard-locked or suspended after thirty days.

14.5 Development Times

An initial design is generally supplied within two weeks after all required information has been received. Clients must submit requested changes in writing. Final revisions are generally completed within one week after receiving the client’s consolidated amendments, subject to workload and project complexity.

14.6 Cancellation

Once a contract, quotation or order has been accepted, cancellation is not automatically permitted. Where cancellation is approved, the balance may be transferred to another package or forfeited. One calendar month’s written notice may be required for ongoing services. Refunds are not provided unless expressly approved in writing by The Company.

15. Privacy & POPIA

Personal information may be collected and processed for quotations, orders, billing, service delivery, support, legal compliance and communication. The Company will process personal information in accordance with applicable South African privacy law, including the Protection of Personal Information Act.

16. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute will be subject to the jurisdiction of the appropriate South African court.

17. Acceptance

By using this website, accepting a quotation, placing an order, making payment, requesting support, signing an invoice or giving verbal or written instructions, the client confirms that the client has read, understood and accepted these Terms and Conditions.