Terms of Service

01 Who we are

KAGO is a brand of Kutlwano Holdings ("KAGO", "we", "us" or "our"), based in Soweto, Gauteng, South Africa. In these terms, "you" means the person or business that buys, or asks to buy, a KAGO service.

02 These terms apply to every order

By placing an order, paying for a service, or asking us to begin work, you agree to these terms. If you do not agree with them, please do not buy. Where we agree something different with you in writing for a specific order, that written agreement applies to that order.

These Terms of Service should be read together with our Refund and Cancellation Policy, our Privacy Policy, our Delivery Policy and our Disclaimer. Together they form the agreement between you and us.

03 What we provide

KAGO prepares business documents and related creative and compliance services for South African businesses. Depending on what you buy, this can include:

• A designed business pack (typically around a 20-page PDF), which may include a business plan, a financial model, a cash flow and a priced menu, built for your company.
• Logo design and applied branding, and logo files for print and screen.
• A financial plan, a company profile, a business presentation or a business profile video.
• A one-pager website.
• Company registration and compliance work through CIPC, SARS and related bodies (for example a basic registration pack or a tender-ready compliance pack).

The exact items, pages and limits included in each product are described on the relevant product page, on our menu and in the quote you approve. We deliver our services digitally unless we agree otherwise with you in writing.

Where a service depends on a third party (for example CIPC, SARS, a bank or a funder), we prepare and submit the work to the required standard, but the outcome, timing and any statutory fees of that third party are outside our control.

04 Everything we build is bespoke, made to your order

This is the most important thing to understand before you buy. Every KAGO pack and service is custom-built for you. We build it to your company name, your brand, your sector and the details you give us. It is personalised to you and is not a stock item pulled off a shelf or a re-sold template.

Under South African law, the standard seven-day online cooling-off right in section 44 of the Electronic Communications and Transactions Act (ECTA) does not apply to a KAGO order, on two independent grounds. First, section 44 excludes goods and services that are made to the consumer's specifications or clearly personalised, and every KAGO pack is built to your company, brand and sector. Second, section 44 excludes services that begin, with the consumer's consent, before the end of the seven-day period, and our build begins once you complete your intake and give us consent to start. Either ground on its own is enough. In plain terms: once you complete intake and we begin building your bespoke pack, you cannot cancel simply because you have changed your mind. This is explained in full in our Refund and Cancellation Policy.

05 Your responsibilities

We build your pack from what you tell us, so the accuracy of your pack depends on the accuracy of your information. You agree that:

• The details you give us, for example your business name, your trading information, your prices, your volumes and your personal or director details, are true, accurate and complete to the best of your knowledge.
• You have the right to use anything you give us to include in your work, for example an existing logo, photographs, names or content, and that doing so does not break anyone else's rights.
• You will respond to our reasonable requests during the build, for example to confirm details or approve a draft, so we can deliver on time.
• You will use your finished pack lawfully and honestly, and will not present our work in a way that is false or misleading to a funder or anyone else.

KAGO builds funding-ready documents to a professional standard, but the figures in a plan are projections built on the assumptions and information you provide. They are not a promise of any actual result. You are responsible for reviewing your pack and for the way you use it.

06 Revisions and delivery

One revision round is included with each item, unless a product page says otherwise. A revision round is your chance to point out corrections and reasonable changes within the scope of what you bought, after which we make those changes in a single, consolidated pass.

A revision means correcting or adjusting the work you ordered. It does not mean a brand-new concept, a change of business or sector, or new items that were not part of your original order. Extra revision rounds or new work can be bought as add-ons at the prices on our menu.

We deliver your finished files digitally, usually through a secure link. Once delivered, the files are yours to download, keep and use. Please see our Delivery Policy for turnaround times and delivery detail.

07 Pricing and payment

Our prices are the fixed prices shown on the relevant product page and on our menu at the time you order. Business packs start from R5,900. Prices are in South African Rand.

Unless we agree otherwise in writing, payment is made in full, upfront, before we begin building. We accept payment online.

We begin your build once we have received your payment and enough information to start. If a price is shown in error, we will tell you before we take the order any further, and you will be free not to proceed.

08 Intellectual property, who owns what

We want you to fully own the work you paid for. At the same time, KAGO keeps the tools and methods it uses to build that work. So:

What you own

Once you have paid in full, you own the final delivered work built for your company, for example your finished business pack, your delivered logo files and your branding. You may use, keep, print, edit and share these for your business, without any further payment to us.

What KAGO keeps

KAGO keeps everything it uses to make your work, including its templates, its build engine and platform, its systems, its know-how, its underlying design and document frameworks, and any content we did not create specifically for you (for example third-party fonts or stock elements, which stay under their own licences). Nothing in these terms transfers those to you, and you may not copy, resell or redistribute KAGO's templates, engine or methods.

You give us permission to show anonymised or non-confidential samples of the work as examples of what KAGO produces, unless you ask us in writing not to.

09 No guarantee of funding

KAGO prepares funding-ready documents to the standard funders ask for. We do not, and cannot, guarantee that any funder, bank, the NYDA or any institution will approve your application or give you money. That decision is always the funder's, and it depends on many things outside our control, including your business, your credit position and the funder's own criteria. Buying a KAGO pack improves how ready and how serious your application looks. It is not a promise of a specific outcome.

10 Quality and your consumer rights

Nothing in these terms takes away the rights you have under South African consumer law, including the Consumer Protection Act. In particular:

• You are entitled to services performed with reasonable care and skill, and to work of a reasonable quality.
• Our descriptions of what we provide are meant to be accurate and honest.
• If something we deliver is genuinely defective or is not what we described, we will put it right, as explained in our Refund and Cancellation Policy.

We do not try to exclude any right that the law does not allow us to exclude.

11 Limitation of liability

We take care with your work, but there are limits to what we can be responsible for. To the fullest extent allowed by South African law, and without taking away any right you have under the Consumer Protection Act:

• KAGO is not liable for indirect or consequential loss, for example lost profits, lost funding, lost business opportunities or third-party decisions, arising from your use of, or reliance on, our work.
• KAGO is not responsible for the decisions of funders, banks, CIPC, SARS or any other third party, or for delays or fees caused by them.
• Where KAGO is found liable to you for any claim connected to an order, our total liability for that order will not be more than the amount you actually paid us for that order.

Nothing in these terms limits or excludes any right you have under the Consumer Protection Act, the Electronic Communications and Transactions Act or POPIA that cannot lawfully be limited, and nothing excludes our liability for gross negligence or for anything the law does not allow us to exclude.

We are not liable for a failure or delay caused by something reasonably outside our control, for example a third-party system being down, load-shedding, or your own delay in giving us information or approvals.

12 Cancellation and refunds

Because our work is bespoke and built to your order, our refund position is different from an ordinary shop. The full rules, including when you can cancel, the narrow situations where a refund does apply, and how to raise a concern, are set out in our Refund and Cancellation Policy, which forms part of these terms.

13 Your information

We collect and use your information only to respond to your enquiry, build and deliver your order, and meet our legal duties, in line with the Protection of Personal Information Act (POPIA). How we handle your information is explained in our Privacy Policy.

14 Changes to these terms

We may update these terms from time to time, for example to keep them accurate or to meet a change in the law. The version that applies to your order is the version published on this page on the day you place your order. The date at the top of this page shows when it was last updated.

15 Governing law

These terms, and any agreement between you and KAGO, are governed by the laws of the Republic of South Africa. Any dispute will be dealt with under South African law. Nothing here prevents you from using any complaint or dispute process the law gives you as a consumer.

16 How to contact us

If you have a question about these terms, or about an order, please get in touch. We would rather sort something out early than let it grow.