Legal Terms & conditions
Last updated
These terms apply when you use artive.co.za, buy a product or tool from our store, or subscribe to one of our plans. By doing any of these you agree to them. They are governed by South African law, including the Consumer Protection Act 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”). Nothing in these terms limits any right you have under those Acts.
About us
This website is operated by Artive Commerce (Pty) Ltd, registration number 2024/577334/07, of 22 Magwa Cres, Waterfall, Midrand, 1686, South Africa. Email hi@artive.co.za, phone +27 60 205 3922.
Agency services
Audit, Build and Grow engagements are governed by the proposal, statement of work or service agreement we sign with you. If that agreement conflicts with these terms, the agreement wins.
Using this website
- You may use the site for lawful purposes only, and must not try to interfere with its security or operation.
- We work to keep the content accurate, but it is general information, not professional advice for your specific situation.
- Links to other websites are provided for convenience. We are not responsible for their content.
Orders and prices
- Prices are shown in South African rand (ZAR). Delivery, where it applies, is shown at checkout before you pay.
- An order is a request to buy. A contract is formed when we confirm your order by email.
- If a price is clearly wrong because of an error, we will tell you and you may cancel or proceed at the correct price.
- Payment is processed by PayFast. Your order is fulfilled once payment is confirmed.
Digital products and tools
- Digital products (for example themes, templates and brand kits) are delivered by download or account access once payment is confirmed.
- Unless the product page says otherwise, you receive a non-exclusive, non-transferable licence to use the product for your own business or for one client project. You may not resell, share or redistribute the product files themselves.
- All intellectual property in our products stays with Artive or our licensors.
Subscriptions and retainers
- Subscription plans, including Grow retainers and design subscriptions, renew automatically at the end of each billing period at the price shown when you subscribed, until you cancel.
- You can cancel at any time from your account or by emailing us. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- We will give you at least 30 days’ notice of any price change, and you may cancel before it takes effect.
- If a renewal payment fails, we may pause the subscription until payment is made.
Design subscriptions
- Design subscriptions are sold at artive.co.za/design-subscription as monthly or yearly plans. The plan page sets out what each plan includes.
- Monthly plans renew every month on the date you first paid. You can pause or cancel with 30 days’ notice, given from your subscription page or by email. Any payment that falls due during the notice period is still payable, and the plan runs until the end of the period that payment covers.
- Yearly plans are paid up front for 12 months at the price of 10. They are not refundable if you cancel early, except where the law requires a refund. Your plan runs to the end of the year you paid for.
- Requests are counted as described on the plan page, and unused requests do not roll over.
- Once you have paid for the period in which a design was delivered, you own the final design files we deliver to you, including the source files.
Cancellations, refunds and cooling-off
- Where section 44 of the ECT Act applies, you may cancel an online purchase within seven days of the transaction (or of receiving goods), without reason or penalty, and we will refund you within 30 days. The ECT Act excludes some purchases from this right, including services that have already begun with your agreement and software that has been downloaded or unsealed.
- If a product is defective or not as described, you have the rights set out in the CPA, including repair, replacement or a refund.
- To request a cancellation or refund, email hi@artive.co.za with your order number.
Your account
Keep your login details confidential. You are responsible for activity on your account. Tell us immediately if you suspect unauthorised use.
Liability
To the extent the law allows, we are not liable for indirect or consequential loss, or for loss caused by events outside our reasonable control. Our total liability for any claim relating to a purchase is limited to the amount you paid for it. This does not limit liability that cannot be limited by law, including under the CPA.
Privacy
How we handle personal information is explained in our privacy policy.
Changes and governing law
We may update these terms; the version on this page at the time of your purchase applies to it. These terms are governed by the laws of the Republic of South Africa, and disputes fall under the jurisdiction of the South African courts.
