Issue Date: 01 December 2024
Revision: 01
Welcome to the DigifyIQ Terms and Conditions.
1. INTRODUCTION
1.1. Welcome to DigifyIQ, a South African-based digital platform that connects businesses (“Leads”) seeking digital marketing services with verified digital marketing service providers or agencies (“Partners”).
1.2. This Term and Conditions supersedes and replace all previous versions or understandings relating to the platform’s use. The most current version of this Agreement is effective from the date reflected at the top of this document and is accessible online at www.digifyiq.co.za.
1.3. These Terms and Conditions (“Agreement”) govern access to and use of the DigifyIQ platform. By listing a service, requesting a quote, or otherwise using the platform, the User agrees to be bound by the terms set out in this Agreement.
1.4. This Agreement, together with the DigifyIQ Privacy Policy and any other referenced policies or documents, forms the complete legal framework governing the relationship between DigifyIQ and its Users (Leads and Partners).
1.5. This Agreement is issued by DigifyIQ (Pty) Ltd, a registered company under South African law with registration number 2024/161273/07.
2. INTERPRETATION
2.1. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context, the following expressions bear the meanings set out hereunder:
2.1.1. “Agreement” means these Terms and Conditions, or policies referenced herein, which govern the use of the DigifyIQ platform and form a legally binding contract between DigifyIQ and the User (Lead or Partner);
2.1.2. “Lead” means a pre-qualified individual or business that submits a request for quotations through the platform for the purpose of obtaining digital marketing services from registered Partners;
2.1.3. “DigifyIQ” is the provider of the online platform facilitating connections between Leads and Partners;
2.1.4. “Get a Quote” means the process by which a Lead submits their information and service requirements on the platform to receive a quotation for digital marketing services from registered Partners;
2.1.5. “Invoice” refers to the billing document detailing services and amounts payable by the Partner;
2.1.6. “List a Service” means the process through which a Partner creates and publishes an online profile on the platform to present its digital marketing services to prospective Leads;
2.1.7. “Membership” means subscription plans Partners must select to access and participate on the platform.
2.1.8. “Personal Data” means personal data as defined in the Protection of Personal Information Act No.4 of 2013;
2.1.9. “Partner” refers to a verified digital marketing service provider or agency with an active, paid membership on the platform, who is granted access to view quotation requests and submit service quotations or proposals;
2.1.10. “Platform” means the DigifyIQ website and associated services that facilitate interactions between Leads and Partners;
2.1.11. “Users” means both Leads and Partners who register on the DigifyIQ platform, request quotations or submit quotations, proposals, or services through the platform.
2.2. The clause headings inserted into this Agreement have been inserted for convenience only and shall not be considered in its interpretation.
3. PLATFORM SERVICE
3.1. DigifyIQ is a South African-based digital platform that connects businesses (“Leads”) seeking digital marketing services with verified service providers or agencies (“Partners”). Leads and Partners are collectively referred to as (“Users.”)
3.2. DigifyIQ operates solely as an online intermediary and does not directly offer or deliver digital marketing services. It does not act as a representative, agent, or guarantor for either party.
3.3. Leads may submit quotation requests through the platform, which are reviewed and shared automatically with relevant Partners based on the Lead’s service requirements and budget. Quotations are free and non-binding. Leads are under no obligation to accept any offer. Leads are responsible for ensuring their contact details, including email, are accurate and monitored for responses.
3.4. Partners must register a professional business profile and subscribe to an active membership to access and respond to quotation requests. Memberships are based on the set fee related to the service type or country. They may respond to Leads with free, non-binding quotations or proposals. Partners are expected to act professionally, comply with all applicable laws, and honour submitted quotations in good faith.
3.5. The platform provides basic tools to facilitate initial communication between Leads and Partners. DigifyIQ does not mediate disputes, enforce agreements, oversee service delivery, or get involved in the management of any business relationship formed on the platform. DigifyIQ’s support is limited to technical and administrative matters only.
3.6. DigifyIQ is not a party to any agreement between Leads and Partners. It does not process payments, guarantee service outcomes, or accept any liability for services rendered by Partners.
3.7. The platform may also offer blogs, strategy guides, and course listings for general information purposes. Some content may be contributed by third parties and does not constitute professional advice or imply endorsement.
4. ELIGIBILITY AND REGISTRATION
4.1. To use the platform, all Users must register and provide accurate, complete, and up-to-date information.
4.2. Leads must register an account to submit quotation requests. By submitting a request, Leads consent to their information being shared with Partners for the purpose of receiving quotations. Quotations are free and non-binding, and Leads are under no obligation to accept any offer. Leads are responsible for ensuring that their contact information, particularly email, is valid and regularly monitored.
4.3. Partners must register a professional business profile, provide valid business credentials, and comply with all applicable South African laws. A paid membership is required to access and respond to quotation requests. By registering, Partners consent to having their business profile displayed to Leads for quotation and promotional purposes.
4.4. DigifyIQ reserves the right to verify all user details, including Lead and Partner information, to ensure platform integrity and prevent fraud. DigifyIQ may suspend or terminate accounts that provide false information or fail to meet platform standards.
5. TERMINATION
5.1. Users may terminate their account at any time by providing written notice to DigifyIQ or by using the account deactivation option on the platform, if available. Terminating a Partner account will result in the loss of access to quotation requests and related platform features. No refunds will be issued for any remaining membership period unless required by law.5.2. DigifyIQ may suspend or terminate a User account at its discretion, without prior notice, if the User provides false or misleading information, violates these Terms or applicable laws, misuses the platform, engages in fraudulent or harmful behaviour, or fails to meet the platform’s standards of professionalism and conduct. In such cases, DigifyIQ may remove the User’s profile, restrict access, and revoke any rights granted under these Terms. Termination does not affect any legal rights or remedies available to DigifyIQ.
5.3. Upon termination, Users will not have access to the platform anymore and must stop using the platform immediately. Any agreements between Leads and Partners remain the responsibility of those parties, and DigifyIQ accepts no liability for the outcome of such agreements after termination.
6. PLATFORM FEES, PAYMENTS, AND MEMBERSHIP TERMS
6.1. Leads may register and request quotations on the platform free of charge. All payments for services are made directly between Leads and Partners. DigifyIQ does not process, facilitate, or hold any funds related to these transactions and is not responsible for any payment disputes or refunds.
6.2. Partners are required to subscribe to a paid membership to access and respond to Lead quotation requests. Membership fee structures are outlined on the Partner Memberships page and are payable via supported payment gateways such as PayFast or PayPal, upon receipt of an invoice. Failure to pay membership fees on time may result in account suspension or termination.
6.3. Payments may be made in South African Rand (ZAR), United States Dollars (USD), or another agreed currency. The paying party is responsible for ensuring that the full invoiced amount is received, including any applicable bank or international transfer fees.
6.4. DigifyIQ reserves the right to revise membership fees or pricing structures at any time, provided reasonable prior notice is given to Partners via the platform or email.
6.5. Refunds for membership fees are not automatically granted. Partners may be eligible to apply for a partial refund only under exceptional circumstances and only after maintaining an active membership for a minimum of six (6) consecutive months. All refund requests are subject to DigifyIQ’s written approval. Partners hereby acknowledge and agree that it is their sole responsibility to assess and confirm the suitability of any membership purchased for their specific business requirements. In the event that a membership is purchased in error, the partner may request a refund or reversal of the transaction, subject to a 30% handling fee. This fee is intended to cover administrative expenses and merchant banking charges incurred as a result of the reversal.
6.6. DigifyIQ may remove inactive or non-compliant Partner accounts without notice. DigifyIQ is not currently VAT registered, and all fees are therefore exclusive of VAT unless stated otherwise.
7. PAYMENTS BETWEEN LEADS AND PARTNERS
7.1. All payments for services are made strictly between the Lead and the selected Partner. DigifyIQ does not process, facilitate, handle, or oversee any financial transactions between Users.
7.2. DigifyIQ assumes no responsibility or liability for any payment arrangements, non-payment, delayed payments, disputes, or refund issues arising between Leads and Partners. Users acknowledge and accept that all financial matters are managed entirely at their own risk.
7.3. Any financial terms, refund policies, or other monetary arrangements agreed upon between Leads and Partners are solely between those parties. Such terms will remain binding between the parties even after termination or expiry of this Agreement. DigifyIQ is not a party to, and shall not be held accountable for, any such agreements.
7.4. To help avoid disputes, Users are encouraged to enter into a written service agreement outlining payment terms, scope of work, and refund policies before commencing any service. Users may also consider using third-party payment processors or escrow services to manage financial risk.
8. CLIENT-PARTNER RELATIONSHIP OUTSIDE THE PLATFORM
8.1. Once a Lead agrees to purchase a service from a Partner, the Lead becomes a direct client of that Partner. From that point onward, DigifyIQ is not a party to the agreement and assumes no responsibility or liability for the relationship, service terms, deliverables, payment, disputes, or any other obligations arising between the Lead and the Partner.
8.2. All aspects of the ongoing service engagement including scope of work, timelines, payment terms, confidentiality, intellectual property rights, and dispute resolution must be managed through a separate agreement concluded directly between the Lead and the Partner. DigifyIQ’s Terms and Privacy Policy do not apply to these external engagements beyond the initial quotation and communication facilitated through the platform.
8.3. Leads and Partners are solely responsible for defining, negotiating, and documenting the terms that govern their relationship. DigifyIQ will not mediate or intervene in any disputes, nor does it bear responsibility for prior or ongoing issues between Users.
8.4. If a Lead who has previously engaged a Partner returns to the platform to request a new quotation whether for the same or a different service, they may do so, provided the request is made in good faith and not to bypass or undermine an existing agreement with a previously selected Partner.
8.5. Each new quotation request is treated as a separate and independent inquiry. DigifyIQ reserves the right to reject any quotation request if abuse of the platform, conflict of interest, or unethical conduct is suspected.
9. CONFIDENTIALITY AND DATA PROTECTION
9.1. DigifyIQ complies with all applicable data protection laws, including the Protection of Personal Information Act (POPIA) and the General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 as outlined in its Privacy Policy. All personal data collected and processed by DigifyIQ is handled securely and in accordance with legal requirements.
9.2. Users acknowledge that any data submitted through the platform including contact details, other information, and service requirements may be shared between Leads and Partners as necessary to facilitate quotation requests, proposals, and communication. This data sharing is essential to the operation of the platform and is governed by DigifyIQ’s Privacy Policy.
9.3. Once communication moves off the platform and is conducted directly and privately between Users, such exchanges are no longer governed by DigifyIQ’s Privacy Policy. In these instances, Users are solely responsible for agreeing on how personal or proprietary data will be handled, stored, and protected. DigifyIQ is not a party to these external communications and disclaims all liability for the handling or misuse of data exchanged outside the platform.
9.4. Leads and Partners must comply with POPIA and the GDPR or any other applicable data protection laws when processing personal data obtained via the platform. DigifyIQ bears no responsibility for third-party breaches, unauthorised disclosures, or misuse of personal information by Users.
9.5. All content hosted on the platform, including but not limited to software, text, images, and graphics, is the intellectual property of DigifyIQ. No Lead or Partner may reproduce, distribute, or use DigifyIQ’s branding, digital assets, or content in any promotional material without prior written consent.
10. LIMITATION OF LIABILITY
10.1. To the fullest extent permitted by applicable law, DigifyIQ, including its directors, employees, agents, and affiliates, shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with the use of the platform, or with any relationship, agreement, or interaction between Users whether initiated on or outside of the platform.
10.2. This includes, but is not limited to:
10.2.1. Any inaccuracies, omissions, or misrepresentations in quotations or proposals submitted by Partners;
10.2.2. Service quality issues, delays, non-performance, negligence, breach of contract, disputes, or unsatisfactory outcomes resulting from engagements between Leads and Partners;
10.2.3. Any unauthorised access to or use of user accounts or data, or any breach of security by third parties;
10.2.4. Any loss of income, revenue, profits, opportunities, data, goodwill, contracts, or anticipated savings, whether foreseeable or not.
10.3. DigifyIQ acts solely as a digital intermediary that facilitates initial introductions and quotation sharing between Leads and Partners. DigifyIQ does not provide, supervise, or guarantee any services, nor is it a party to any service agreement or contract formed between a Lead and a Partner.
10.4. Once a Lead agrees to purchase services from a Partner, DigifyIQ bears no responsibility or liability for the relationship, terms of service, or any resulting outcome. Users are solely responsible for negotiating, concluding, and managing their own contractual and professional relationships outside the platform.
10.5. Users expressly acknowledge and agree that they use the platform and enter into any external engagements at their own risk. No advice, communication, or information whether oral or written provided by DigifyIQ shall create any warranty, representation, or liability unless expressly stated in writing.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All content and materials available on the DigifyIQ platform including but not limited to text, graphics, design, layout, software, logos, and other proprietary elements are the exclusive intellectual property of DigifyIQ or its licensors and are protected under South African copyright and intellectual property laws. No part of the platform may be used, copied, reproduced, or distributed without DigifyIQ’s prior written consent unless explicitly permitted by law or agreement in writing.
11.2. Partners retain ownership of the original content they upload to the platform, including business descriptions, service listings, and portfolio samples. By submitting this content, Partners grant DigifyIQ a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute such content on the platform and affiliated third-party platforms for operational, marketing, and promotional purposes.
11.3. Leads retain full ownership of all service briefs, information, and data submitted when requesting quotations. This information will only be used and shared in accordance with DigifyIQ’s Privacy Policy and applicable data protection laws.
11.4. All user-submitted content—whether by a Lead or Partner may not be copied, reused, or republished by any other party without the prior written consent of the original content owner. Unauthorised use of another User’s intellectual property is strictly prohibited.
11.5. DigifyIQ bears no responsibility or liability for any intellectual property disputes between Leads and Partners. Any rights to intellectual property created during the course of an external service engagement such as deliverables, designs, or campaign materials must be negotiated, agreed upon, and documented directly between the Lead and the Partner. DigifyIQ is not a party to such agreements and will not mediate related disputes.
11.6. Leads and Partners are solely responsible for ensuring that any content or materials they submit, share, or create do not infringe on third-party intellectual property rights. Users agree to hold DigifyIQ harmless from any claims, losses, or liabilities arising from a failure to comply with this clause or the unauthorised use of copyrighted or licensed content.
11.7. If the User believes that content hosted on the DigifyIQ platform infringes its intellectual property rights, the User may submit a formal complaint to DigifyIQ’s designated contact at info@digifyiq.co.za. The User’s notice must include:
11.7.1. The User’s full name and contact information;
11.7.2. A description of the intellectual property the User believes has been infringed;
11.7.3. A link or description of the allegedly infringing content on the platform;
11.7.4. A statement declaring that the User have a good faith belief that the use is not authorised;
11.7.5. A declaration that the information in the User’s notice is accurate and that the User is the owner or authorised to act on behalf of the owner of the intellectual property.
11.8. Upon receipt of a valid notice, DigifyIQ will review the complaint and, where appropriate, remove or disable access to the allegedly infringing content. Repeat violations may result in the suspension or termination of the User’s account at DigifyIQ’s discretion.
12. FORCE MAJEURE
12.1. DigifyIQ shall not be held liable for any delay, interruption, or failure to operate the platform or provide access to its services due to circumstances beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of God, war, civil unrest, pandemics, government regulations, internet or hosting outages, or other events that disrupt normal platform operations.
13. TRANSFER OF RIGHTS
13.1. Users (including Leads and Partners) may not cede, assign, or transfer any rights or obligations related to their use of the DigifyIQ platform without the prior written consent of DigifyIQ. This includes, but is not limited to, user accounts, membership access, or quotation requests.
14. GOVERNING LAW
14.1. This Agreement, and all matters relating to the access and use of the DigifyIQ platform, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, but only to the extent that Users are operating within or through the platform.
14.2. Users agree to comply with all applicable South African laws, as well as any relevant international, national, or regional laws when using the platform. This includes but is not limited to activities such as registering an account, submitting or responding to quotation requests, and communicating through the platform.
14.3. In the event of a conflict between South African law and any applicable international regulations, South African law shall prevail with respect to platform-related use. Where reasonably practicable, Users should aim to comply with both.
14.4. The parties’ consent to the exclusive jurisdiction of the courts of Cape Town, Western Cape, South Africa, for the resolution of any disputes arising directly from the use of the platform or this Agreement. This jurisdiction does not extend to disputes arising from independent service agreements or relationships formed outside the platform between Leads and Partners.
15. WARRANTIES
15.1. The DigifyIQ platform is provided on an “as is” and “as available” basis, without any warranties, guarantees, or representations expressed or implied regarding accuracy, reliability, performance, or suitability for a particular purpose.
15.2. DigifyIQ does not warrant the quality, availability, or outcome of any service interactions, proposals, or business relationships initiated through the platform. No guarantee is made as to the qualifications, capabilities, or suitability of any Partner or Lead for any specific need.
15.3. All service arrangements, expectations, and deliverables are the sole responsibility of the Lead and Partner involved in the external engagement. DigifyIQ is not a party to these agreements and expressly disclaims all responsibility for the scope, timing, performance, or outcome of any services provided.
15.4. Users are solely responsible for evaluating whether the platform, or any User discovered through it, meets their specific technical, professional, or commercial requirements.
15.5. No oral or written information or communication provided by DigifyIQ, its representatives, or its platform shall create any warranty not expressly stated in this Agreement.
16. INDEMNITY
16.1. Leads and Partners agree to indemnify, defend, and hold harmless DigifyIQ, its directors, employees, agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
16.1.1. any breach of this Agreement by the Lead or Partner;
16.1.2. any content, data, or materials submitted to the platform;
16.1.3. any interactions, service engagements, disputes, or agreements entered into between Leads and Partners, whether on or outside the platform;
16.1.4. any violation of applicable laws, regulations, or the rights of any third party.
16.2. DigifyIQ shall not be liable for any losses, damages, or liabilities resulting from the misuse of the platform, breach of User obligations, or the actions of third parties that are beyond DigifyIQ’s control.
17. OFFICIAL COMMUNICATION
17.1. All formal communication related to this Agreement including updates to terms, account actions, membership cancellations or refund requests, disputes, legal matters, and breach notifications must be submitted in writing via email.
17.2. As DigifyIQ operates exclusively as a digital platform, it does not maintain a physical address for postal or courier correspondence. Email is the sole accepted method for official communication.
17.3. All notices must be sent to info@digifyiq.co.za. Emails will be considered received if delivered during business hours (08:00–16:00 SAST) on a business day, or by 12:00 noon on the next business day if sent after hours.
17.4. Leads and Partners must use their official business email addresses and include relevant contact details, including full name, company name, and role. Users are encouraged to request delivery or read receipts for important correspondence.
17.5. Any email properly sent to info@digifyiq.co.za, or any email received from a verified DigifyIQ email address shall be deemed valid written notice, regardless of whether a reply is received.
18. DISPUTE RESOLUTION
18.1. Any dispute or claim arising solely from the use, access, or operation of the DigifyIQ platform excluding any disputes between Leads and Partners must be submitted in writing to info@digifyiq.co.za within fifteen (15) calendar days of the issue arising.
18.2. DigifyIQ and the User shall first attempt to resolve the matter in good faith through direct communication, with the aim of reaching a reasonable and mutually acceptable solution.
18.3. If the matter cannot be resolved through direct negotiation, the parties agree to pursue mediation as a first step. Each party will bear its own costs for mediation unless otherwise agreed.
18.4. Should mediation fail, the matter may be referred to binding arbitration, conducted under the rules of the Arbitration Foundation of Southern Africa (AFSA). Each party will be responsible for its own legal costs unless the arbitration panel decides otherwise.
18.5. All arbitration proceedings shall be conducted in English and held in Cape Town, South Africa. The outcome of arbitration will be final and binding on both parties.
18.6. DigifyIQ will not mediate, participate in, or assume any responsibility for disputes, negotiations, or claims between Leads and Partners. This includes but is not limited to, issues related to payments, service quality, timelines, deliverables, intellectual property, or breach of contract. Such matters must be resolved directly between the parties involved.
19. SEVERABILITY
19.1. If any part of this Agreement is found to be invalid, unlawful, or unenforceable for any reason, that specific part will be removed, but the rest of the Agreement will remain fully valid and enforceable as it applies to the use of the DigifyIQ platform.
20. WAIVER
20.1. If DigifyIQ chooses not to enforce any part of this Agreement at any time, this does not mean it waives the right to enforce that part (or any other part) in the future.
21. AMENDMENTS
21.1. DigifyIQ may update these Terms and Conditions from time to time to reflect changes to the platform, services, or applicable laws.
21.2. When changes are made, the updated Terms will be published on the DigifyIQ website with a revision date. If the changes are significant and may affect a User’s use of the platform, DigifyIQ will also notify them by email.
21.3. If a User continues to use the platform after the changes take effect, it will be taken as acceptance of the updated Terms. If they do not agree, they may contact DigifyIQ or discontinue the use of the platform.
22. ENTIRE AGREEMENT
22.1. These Terms and Conditions represent the full and complete agreement between DigifyIQ and the Lead or Partner regarding the use of the platform.
22.2. They replace any previous agreements, discussions, or representations related to the platform or services offered through it, whether written or verbal.
23. ACKNOWLEDGEMENT OF THE AGREEMENT
23.1. By ticking the acceptance checkbox when registering or requesting a quotation, both Leads and Partners confirm that they have read, understood, and agree to be bound by these Terms and Conditions, including any applicable annexures or policies.
23.2. This Agreement becomes effective upon acceptance via the platform. For Partners, full access to platform features is also subject to successful payment of the selected Membership fee, with service access governed by the chosen Membership tier and corresponding invoice.
24. HOW TO CONTACT US
24.1. If there is any question about these Terms and Conditions, please contact DigifyIQ by sending an email to info@digifyiq.co.z