George
Serving businesses across the Garden Route and the surrounding Western Cape region.
Last Updated: June 25, 2026
The following Terms and Conditions of Use (“Terms”) are entered into by and between You (the "Client", "User", or "Visitor") and Business Growth Marketing Agency (“Company,” “we” or “us”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your access to and use of the website business-growth-marketing.com (“Website”), including all materials, resources, digital marketing services, and assets provided by the Company.
By accessing or using the Website and our services, you agree to be bound by these Terms, without modification. If you disagree with any part of these Terms, you may not access the Website or utilize our marketing services.
1. Privacy Policy & Disclaimer
Your use of the Website and our services is also subject to the Company’s Privacy Policy (compliant with the Protection of Personal Information Act, or POPIA) and our Disclaimer. Both documents are expressly incorporated into these Terms. Please review them to understand our data collection practices and limitations of liability.
2. Use of the Website
To access or use the Website, you must be 18 years of age or older and possess the requisite legal capacity to enter into a binding agreement under South African law.
The Company reserves the right to withdraw or amend this Website and any service or material we provide without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
3. Lawful Purposes
You may use the Website and our services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, defamatory, invasive of privacy, vulgar, obscene, or otherwise violates South African law or encourages criminal conduct.
4. Use of Free Downloadable Content
The Company may offer digital resources in exchange for an email address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content strictly for your own personal or internal business operations. You may not modify, copy, reproduce, reverse engineer, sell, redistribute, or create derivative works from our Gated Content without our express written consent.
5. Service Terms, Cancellations, and Website Transfers
If you engage the Company for active website development, search engine optimization (SEO), or digital marketing services, the following operational terms apply:
- Month-to-Month Agreement: All our standard service agreements operate on a flexible, month-to-month basis. You are not locked into any long-term annual contracts.
- Cancellation Policy: You have the right to cancel your service agreement at any time. To execute a cancellation, you must provide the Company with
one (1) calendar month's written notice via email to
phillip@business-growth-marketing.com. - No Cancellation Fees: No penalties, termination costs, or cancellation fees will be charged to your account for ending your month-to-month agreement.
- Client Ownership of Content: You retain full, exclusive intellectual property rights and ownership over all custom text, copy, proprietary branding material, logos, and images provided by you or created specifically by us for your operational website.
- Website Hosting & Duda Platform Account Transfer: Our client websites are designed, built, and hosted using the proprietary Duda platform architecture. Because the code is integrated into Duda’s ecosystem, we cannot export or transfer the full functional site to external hosting environments (such as WordPress or standard cPanel hosting).
Crucial Requirement: If you cancel your services and wish to take over the live, full administration and management of your website design and layout, you must open your own independent, active Duda account. Upon verification, we will transfer the full site to your Duda account free of charge. If you choose not to open a Duda account, your website deployment on our network will be deactivated at the end of your notice period.
6. Material You Submit to the Website
By uploading or submitting any public artwork, photos, reviews, feedback, or suggestions to our public channels (collectively, “Submissions”), you grant us a non-exclusive, royalty-free license to use it for marketing and business development.
We claim no ownership over your Submissions. You warrant that you own the rights to anything you submit and agree to hold the Company harmless from and against any copyright or trademark infringement claims arising from your submissions.
7. Our Intellectual Property
All core platform content included on the Website—such as baseline text, proprietary graphics, software, layouts, site code, logos, and agency marketing assets—is the property of the Company or its suppliers and is protected by South African and international copyright, trademark, and intellectual property laws.
Your license to use our platforms is strictly revocable. You may not modify, publish, reverse engineer, or exploit any of our underlying operational intellectual property.
8. Changed Terms
We reserve the right to amend these Terms at any time. The date of the latest update will always be noted at the top of this page. Amendments are effective immediately upon being published on the Website. Your continued use of our services or Website following updates constitutes explicit acceptance of the revised Terms.
9. Warranties and Limitation of Liability
While we use reasonable professional skill to maintain our digital environments, to the maximum extent permitted under the South African Consumer Protection Act (CPA), our Website and services are provided on an "As Is" and "As Available" basis without representations or warranties of any kind.
The Company, its directors, and employees shall not be liable for any direct, indirect, incidental, consequential, or special damages (including loss of revenue, data, or business interruption) arising out of your use of or inability to use our services or website infrastructure. In no event shall the Company’s total collective liability to you exceed the total amount paid by you to the Company for services rendered.
10. Security and Malicious Code
We deploy industry-standard security measures to safeguard our servers; however, data transmission over the internet cannot be guaranteed completely secure. You accept that files downloaded from the web may carry inherent risks. You are responsible for maintaining your own localized firewall and anti-virus protection. We disclaim liability for any losses caused by third-party malicious code, hacking incidents, or unauthorized data alterations.
11. Indemnification
You agree to indemnify, defend, and hold harmless Business Growth Marketing Agency and its team against any claims, damages, losses, or legal costs (calculated on an attorney-and-own-client scale) arising out of your breach of these Terms, your misuse of our services, or your infringement on any third-party intellectual property rights.
12. Severability and Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable by a South African court, that specific provision will be limited or severed to the minimum extent necessary, and the remaining terms will remain in full force and effect. These Terms constitute the entire agreement between you and the Company regarding our service framework.
13. Governing Law and Jurisdiction
These Terms shall be governed by, interpreted, and construed exclusively in accordance with the laws of the Republic of South Africa.
The parties agree to first attempt to resolve any formal dispute through amicable, informal mediation. Should mediation fail, you explicitly submit to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria / Johannesburg) to resolve any legal proceedings arising from these Terms.
14. Contact Information
- Website Owner: Business Growth Marketing Agency
- CEO / Representative: Phillip Nicholson
- Physical Address: 327 Theuns van Niekerk, Centurion, Gauteng, South Africa, 0157
- Contact Email: phillip@business-growth-marketing.com
