Registration of Account
Terms and conditions of sale and payments
Online Purchase Refunds and Cancellations
Strategy or Production Services
Cancellations on Production or Strategy Services
General Terms and Conditions
Notices and Domicilia
1.1 Padded-cell Missing Link (“Missing link”, “we” “us” or “our”) operates a presentation strategy consultancy agency consisting of a website, remote and hybrid staff, together with our supporting payment infrastructures, for the purchase of creating educational material, courses, strategy and coaching services online (“products” and “services”) in South Africa (“territory”).
You’re awesome. Don’t ever forget that. You are a valued client to us, and will be referred to herein as “the client” alternatively also affectionately referred to as “YOU or YOUR” herein.
1.2 The terms and conditions within this document apply to buyers on the platform and govern your use of this platform and our related products and services.
1.3 By using this website and our services, you are accepting and agreeing to our terms and conditions. Should you disagree with any of the terms and conditions, you must cease the use of our website.
1.4 If you are using our website as a business or for business-related projects, you:
1.4.1 You are authorised on behalf of the company or business you work for, to agree to these terms and conditions;
1.4.2 You and your company, or other legal entities that operate the business or project agree to these terms and conditions, and;
1.5 You, also consent to the processing of your personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPI”) *Act 4 of 2013. Our Client consent form outlines the details of this, including the transfer of Personal information across borders and the processing of submitted Special personal information. POPI CLIENT CONSENT FORM
2. Registration of Account:
2.1 No persons under 18 are permitted to register on this website, and by agreeing to these terms and conditions, you acknowledge and can represent that you are 18 years of age or older.
2.2 You may register and account for this website by completing and submitting the required information “Register Account”.
2.3 You are responsible for the accurate representation of information and can warrant that all information presented on your account registration is accurate and proof of details provided may be required to be provided
2.4 By registering for an account on our website you are asked to:
2.4.1 Keep your password confidential
2.4.2 Should you feel that your password is compromised, you will reset your password, and notify us in writing using the “contact us” information supplied.
2.4.3 You will be responsible for any activity on the website, including logging out of your account when on public computers or publicly provided internet connections, and acknowledge that you may be held liable for any losses or damages resulting from not doing so.
2.5 Multi Tenanted Accounts / Transferring Accounts:
2.5.1 As the account holder for the business, you will be responsible for ensuring that all staff
requiring training are registered for the courses or training ahead of the scheduled training event. Missing Link will not be able to add additional seats once bookings are confirmed.
2.5.2 Should you require the account ownership to be moved or transferred, you shall provide proof of continued ownership of the account in the form of: employment contract, proof of title, proof of employment status in the form of valid email address associated with the business or company and authorisation from the owner or CEO of the company.
2.6 We hold the right, at our sole discretion, to cancel your account or edit your account details without warning or explanation. Should you have ordered products or services you have paid for, but not yet received, and not have breached our general terms and conditions, we will refund you in respect of the same.
2.7 You may cancel your account at any time, by visiting the “delete account” page under your profile.
3. Terms and conditions of sale and payments:
Missing Link provide an online platfrom for companies and individuals to purchase services, products or courses online. By purchasing from the Missing Link you agree that:
3.1 Your order will be a valid offer until you have accessed your courses, downloaded course materials, downloaded your ebooks or we have completed your service order / you have cancelled your order.
3.2 We indicate acceptance of an order being completed once payment has been confirmed. Missing link will indicate rejection of orders or cancellation thereof by notifying you and refunding monies owed, as indicated in “Online Refunds and Returns” below.
3.3 As the account holder you agree that the fees for content purchased on your account and authorise the use of your debit, credit card or other means of payment for those Fees. Missing Link works with
a payment service provider to offer the account holder the most convenient method of processing payments.
3.4 When making a purchase, you agree to use valid, authorised payment methods and should the payment fail, You agree to pay the corresponding fee within 72 (seventy-two) hours of notification by Missing Link.
3.5 You understand that amounts on the platform are done, invoices and used when payments made, are displayed in USD/ZAR/, and are calculated and processed in South African Rands (ZAR) and will be converted to the currency of origin on proceeding with payment with your bank.
3.6 All payments are subject to certain verification processes. All local payments within South Africa are subject to Value Added Tax at the standard prescribed rate of 15% (fifteen percent, Missing Link is responsible for the collection and remittance of said tax to the correct tax authorities. All payments from outside of South Africa will be verified and are subject to zero rated tax.
3.8 We further reserve the right to cancel any sale completed in whole, or in part, should we suspect fraud; or refuse payment or process payments for any purchases where we suspect fraud.
4. Online Purchase Refunds and Cancellations:
4.1 Should you feel that the product or service you have purchased does not meet your needs or requirements you are requested to fully state the reason for your dissatisfaction and may submit for a refund or online credit within 5 working days of receipt of the final product for consideration by Missing Link.
4.2 Refunds or credits agreed to will be processed within 30 days of receipt of the written request after the request has been reviewed, and will be made either by original payment method or account credit.
4.3 Refunds may be made by requesting a refund through the purchase history page on your account profile.
4.4 All refund requests are reviewed before processing and may be subject to conditions, as defined below.
4.5 You will be notified of the outcome and subsequent completion of your refund request via email, and may monitor the request status on the purchase history page on your account profile.
4.6 Missing Link employs a 30-Day refund or credit system and, reserves sole discretion whether a product or service may be credited or refunded, depending on the following criteria:
a) Your online course has not been completed beyond 10%
b) You have not exceeded 30 days from the date of purchase of your course.
c) You have not abused the refund system, requesting multiple refunds in the past.
d) You have not distributed, resold or appropriated content from any of our online courses.
a) Your request does not exceed 5 days from the date of purchase.
b) Ebook refunds will be issued as credit.
4.7 Refunds or credits requested through a third party retailer are not able to be processed as we do not have access to this transaction history. Please contact the service provider for returns and credit details.
4.8 Credit applied to your account has no cash value and may expire if not used within 365 days of credit being issued.
4.9 Cancellations for Learning Programmes:
4.9.1 A minimum charge of 25% (Twenty Five Percent) of the total amount will be charged in order to cover its administrative costs and any other hidden costs or damages incurred as a result of the cancellation.
4.9.2 Cancellation of an Open Group training session 48 (Forty-Eight) hours, or less, prior to the training session, shall incur a full 100% (One Hundred Percent) cancellation fee.
4.9.3 The client understands that it is not viable for Missing Link to proceed with an Open Group training session with less than eight (8) seats booked and accordingly, Missing Link shall have the right to postpone any open Group Session of less than eight (8) seats booked. Notice of such postponement shall be sent to you, the client, at least 7 (seven) working days or more, prior to the session, and you, the client, will be given dates from which to elect to attend the next scheduled session.
4.9.4 Postponed Open Group training sessions, must be booked within the next three (3) months
after the initial session.
pertaining to cancellation as set out herein above shall apply. Please see our FAQ section for any further questions relating to refunds or credits.
5. Strategy or Production Services:
5.1 Missing Link will put you in contact with a sales representative and will provide you with a cost estimate. Cost estimates on services are valid for 30 days. This estimate as well as any subsequent agreement reached by and between us will be subject to these terms and conditions which include any addendums, which shall be read as if incorporated therein. Any additional work not specifically set out within the cost estimate will be communicated to you and will be charged accordingly. Missing Link requires that a representative of the client be appointed to them for all dealings regarding the project. This person acts for and on behalf of the client. Should any changes be made after their approval, we will charge accordingly since this will be deemed to be additional work done.
5.2. Our payment terms are strictly 100% (One Hundred Percent in full) upfront for all speakers, talks, training, facilitation, and online products. Payment is required on confirmation to secure the booking
and to start production of the project. Missing Link will not deliver the aforementioned products without full payment.
5.3 For all other products and services, a 50% (Fifty Percent) deposit of the quoted/estimated amount must be paid upon confirmation by written acceptance of the cost estimate to start production of the project. Since our thing is effective communication, which we pride ourselves in, the acceptance of the quote will include an acceptance of these written terms and conditions as well as any additional written terms and conditions pertaining to the specific quote. The client’s signature means that the client has read and understood them and we all know exactly what to expect from one another, (much like a marriage, but with an expiry date).
5.4 The project will not commence until the deposit has been paid in full or full payment has been received as outlined above, within the agreed time frame. The remaining outstanding balance will become due upon final approval of the end product where applicable.
5.5 By accepting these terms and conditions, you have confirmed that you understand that, just as we undertake to honour our promises to you, you undertake to honour yours, however, should something go wrong along the way, and payments that are due to us are not made by the dates or in the time frames stipulated, then you agree to pay interest on all overdue amounts at the rate of 2%
(Two Percent) per month, calculated from the day after the amount has become due, and that interest shall accrue to all overdue amounts, until such time as payment is made, up to the legal limit
applicable. You, the valued client, accept that such provisions are in terms of the National Credit Act of 2007 (as amended from time to time), which prescribes a maximum interest payable on incidental agreements. The maximum rate of interest currently prescribed by the legislature is the sum of 24% (Twenty Four Percent) per annum.
5.6 Electronic Funds Transfers (“EFT”) payments are preferred.
5.7 Payment is deemed to have been made when the full invoiced amount has been paid and cleared in
5.9 Paypal payments will incur an additional fee of 4.7% (Four and One Seventh’s Percent).
6. Cancellations on Production or Strategy Services:
Our Cancellation policy is as follows:
6.1 Should the client wish to cancel a project prior to Missing Link completing it in terms of the original signed brief, Missing Link, shall have the right to accept cancellation of the project, on condition that the client makes payment of all work already done, on the projects, ALTERNATIVELY a minimum charge of 25% (Twenty Five Percent) of the total project amount, WHICHEVER IS THE GREATER, in order to cover its administrative costs and any other hidden costs or damages incurred as a result of the cancellation.
6.2 Cancellation of an Open Group training session 48 (Forty-Eight) hours, or less, prior to the training session, shall incur a full 100% (One Hundred Percent) cancellation fee.
6.3 In order to meet our deadlines, which are set out in the addendum to this agreement, and which shall also be made known to the client from time to time, in writing, the client needs to work strictly within the stipulated timelines given by Missing Link to complete the project. Should the stated material deadlines be missed due to any act or omission by the client, or by the client’s failure to provide Missing Link with feedback or instruction, as and when required, Missing Link shall not be responsible for meeting original deadlines put in place.
6.4 In the event that a delay is caused by the client and set deadlines are not met by Missing Link, (through no fault of Missing Link), payment will still be due on the stipulated date. Our preferred time frame for Presentations, Videos or CloudCrew is four weeks, or the date stipulated in the annexure hereto, we do offer a “rallying the troops” service whereby we can produce a completed project in half the time at the client’s written request to exercise this option which shall be provided at an additional cost of 25% (Twenty Five Percent) of the original quote, or as per the addendum attached hereto (which amount shall take precedence).
6.5 In order to ensure that the project is completed in a reasonable time, Missing Link shall require the client to furnish instructions and feedback upon request, or within agreed timeframes. If the client is unable or unwilling to furnish such further instruction in the stipulated or agreed time frames, then, in such event, Missing Link shall send the client a FINAL written notification to the client calling upon the client to furnish Missing Link with an instruction within 30 (thirty) consecutive days of the notification, in which to furnish Missing Link with the required instruction to proceed with or complete the project. Upon expiry of the said 30 day period, Missing Link shall, with great sadness, have the right to consider this a material breach of the agreement, by the client, and shall have the right to cancel the contract immediately.
6.6 In the event that Missing Link elects to accept the breach and cancel the contract, it shall advise the client of the cancellation in writing. Upon cancellation of the contract, the client shall be liable for payment to Missing Link for all work already done on the project, ALTERNATIVELY, an amount equivalent to 25% (Twenty Five Percent) of the total project cost, WHICHEVER IS THE GREATER, in order to cover its administrative costs and any other hidden costs or damages incurred as a result of the cancellation. The client, by its/their acceptance hereto agree, that any funds that are held by Missing Link as a credit to their account, shall be used to make payment towards any and/or all amounts owed by them to Missing Link.
6.7 Missing Link shall have the right to exercise its option to cancel at any time after the expiry of the 30- day notice, and may also exercise a discretion to send the client monthly reminders of their request
6.8 Monthly reminders and follow-ups with the client shall attract a monthly administration fee as set out in the addendum hereto, for which the client shall be liable, and which may be deducted from any monies held in credit by Missing Link.
7. Production Services:
7.1 In the event that music, voice-over artists, footage and images, are used in any of the products created, the client confirms that it knows that these products are the intellectual property of the artist concerned, and will be charged accordingly. The client understands that it is the client’s responsibility to inform Missing Link of the usage of such material and how such material or music will be used. There are different licenses for commercial, internet and corporate use. Missing Link will not be held responsible for the wrong license bought should the music, voice-over, footage or images be used in a different manner as agreed upon. For commercial and internet use, there is an annual fee that the client will be responsible to pay for, on-demand, upon annual renewal. Missing Link shall not be held liable for any delays caused in the project in the event of the client furnishing the incorrect information, which must later be corrected, and the client shall be liable for any additional costs incurred in the client obtaining the correct license. The failure by the client to make
payment of the applicable fee shall be deemed a material breach of contract, and Missing Link shall have the right to unilaterally suspend or cancel the client’s usage of the material, and the client waives any right to claim damages of any kind from Missing Link for the suspension or cancellation of usage of the content or material. The client, by its acceptance hereto, fully indemnifies Missing Link against any claims, loss or damage that Missing Link may incur as a result of the client making unauthorized use of any such material, or for the breach of any copyright or royalties that are due.
7.2 When booking a crew member for a show, shoot or event, it is the client’s responsibility to ensure that the Missing Link crew are catered for. A well-fed team is a powerful team.
7.3 We believe that people should stick to what they’re good at. While we’re amazing at what we do, we’re not good at booking travel. So it will be the client’s responsibility to organize and pay for all travel needed for the crew. This includes airfare, accommodation, and car travel. A minimum economy-class flight and 3-star accommodation is perfect. We’re not snooty like that, but if you feel that five-star with super additional treatments are the order of the day, we can comfortably upgrade our snooty factor to accommodate you. These costs are not included in the project quotation and are additional disbursements that you will be liable for.
7.7 The client will be given a master copy of the final presentations and videos (where relevant) via a suitable download link, and ownership and risk of the material shall pass to the client upon handover of the master copy. This should be kept by the client under lock and key, and guarded by a sleeping dragon if possible. Missing Link will not be responsible for keeping master copies of work done for a period longer than 6 (Six) -months. Proper delivery of the link to the client shall be deemed as sufficient delivery of the project and final product.
7.8 Items created may not be used for business purposes until they have been signed off as completed, and paid for in full, since ownership and risk remains with Missing Link until final sign-off and, where relevant, full payment has been attended to. Should the product get used for business or an event prior to signing off, we will consider this as an acceptance by the client of the client’s satisfaction with the product, and thus as the equivalent of being physically signed off and accepted as completed in full. Any changes that the client may require thereafter shall be deemed to be a new instruction and shall attract additional charges.
7.9 In the normal course of events, clients will have 10 (Ten)-working days from the delivery of the product to view the final draft and make any required changes. If this time lapses and the client has not sent Missing Link their written instruction on the changes that they may require it is agreed that this shall be deemed as confirmation that all is in order and that the final draft has been completed to the client’s satisfaction and in full compliance with the contract specifications, and accepted as such by the client. The working files will be removed from our hard-drive and masters will be created and sent, on condition that payment has been received in full. Any changes after this point will be billed as a new instruction.
7.10 Please note that a maximum of 3 (Three) reverts will be allowed per product, per project. Thereafter, any changes will be charged accordingly.
7.11 While the content shall become the property of the client, the client herewith gives its consent to Missing Link to use the project for its portfolio purposes and consents to the client’s name being disclosed. Missing Link undertakes not to, and will not, under any circumstances share any strategic or confidential information contained in presentations, videos and/or events since we value your private information and our mutual relationship of trust.
7.12 Neither you nor we shall be liable for breach of this agreement (other than payment obligations) caused by an act of God, Force Majeure, a strike, lock-out, the ongoing interruption of electricity or water, a pandemic, or a national lock-down. In the event that any one of these problems occurs for an uninterrupted period of 3 (three) months, either party may give notice of immediate cancellation of the contract, and any amounts due for work done up to date of cancellation shall be charged for and paid in full. The parties may agree to new terms of a contract thereafter.
7.13. Credit in the form of money held by Missing Link shall mean any funds held by Missing Link in respect of a deposit payment, or further payments that are made by the client, but not yet utilized as payment towards the project. Such credit shall be utilized by Missing Link towards any payment due and owing by the client to Missing Link in terms of this agreement and any addendum hereto. In the case of cancellation of a project, Missing Link shall have the right to deduct any payments due to them by the client, prior to advancing a refund to the client, if any. In the event that a contract has been cancelled and amounts due and owing by the client to Missing Link have been paid, and there remains a sum that stands to be refunded to a client, such client agrees to a monthly administration fee in the sum of R1 200 (One Thousand Two Hundred Rand) for each month that passes that Missing Link sends out a notification for confirmation of banking account details. In the event that the client fails or refuses to provide Missing Link with banking account details in order to refund the
7.14 No credit may be claimed by a client in the event that there are no funds being held by Missing Link, or where monies are still owed by the client to Missing Link.
8. General Terms and Conditions:
In this Agreement, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention –
8.1 a word or an expression which denotes any gender includes the other genders, any gender includes the other genders, a natural Person includes an artificial or juristic Person and vice versa and the
singular includes the plural and vice versa.
8.2 any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the Acceptance Date, and as amended or substituted from time
8.3 if any provision in a definition is a substantive provision conferring a right or imposing an obligation on any party then, notwithstanding that it is only in a definition, effect shall be given to that
provision as if it were a substantive provision in the body of this Agreement.
8.4 where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so
calculated falls on a day which is not a Business Day, the last day shall be deemed to be the next succeeding day which is a Business Day.
8.5 any reference to days (other than a reference to Business Days), months or years shall be a reference to calendar days, calendar months or calendar years respectively.
8.6 GOVERNING LAW: This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of South Africa, and notwithstanding the provisions of the dispute resolution clause, the parties specifically agree and consent to any legal action being instituted in a competent court in South Africa, should such action become necessary.
8.7 Provisions Severable All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
8.8 No waiver or suspension of rights: No waiver, suspension or postponement by any Party of any right arising out of or in connection with this Agreement shall be of any force or effect unless in writing
and signed by such Party. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.
8.9 Variations to be in writing: No addition to or variation, deletion, or agreed cancellation of all or any clauses or provisions of this Agreement will be of any force or effect unless in writing and signed by
8.10 No Indulgences: No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from this Agreement and no single or partial exercise of any right by any Party under this Agreement, shall in any circumstances be construed to be an implied consent or election by such Party or operate as a waiver or a novation of or otherwise affect any of the Party's rights in terms of or arising from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
9 Notices and Domicilia
9.1 Missing Link means Padded Cell (Pty ) Ltd Trading as Missing Link a duly incorporated company with registration number 2006/011755/07, with its principle place of business being in Unit 9 The Straight
Ave, Pine Slopes, Sandton, 2194 South Africa and its chosen domicilium citandi et executandi.
9.2 The client is as described in their order form and the client agrees that the address provided by them shall be deemed to be their domicilium citandi et executandi.
9.4 Notices shall be deemed to have been delivered seven (7) days after postage via registered mail, or upon proof of a valid delivery report via e-mail.
10. Dispute Resolution
10.1 In the event of there being any dispute or difference between the Parties arising out of this Agreement, the said dispute or difference shall, unless otherwise specifically provided for in other provisions of this Agreement, on written demand by any Party, be submitted to arbitration in Johannesburg, before a single arbitrator in accordance with the AFSA rules for commercial arbitration which arbitration shall be administered by AFSA.
10.2 The parties specifically agree and consent to any and/or all disputes being heard in Johannesburg, regardless of the forum in which the dispute is lodged, unless otherwise agreed to in writing.
10.3 Should AFSA, as an institution, not be operating at that time or not be accepting requests for arbitration for any reason, then the arbitration shall be conducted in accordance with the AFSA rules for commercial arbitration (as last applied by AFSA) before an arbitrator appointed by agreement between the parties to the dispute or failing agreement within 10 (ten) business days of the demand for arbitration, then any party to the dispute shall be entitled to forthwith call upon the chairperson of the Johannesburg Bar Council to nominate the arbitrator, provided that the person so nominated shall be an advocate or attorney of not less than 15 (fifteen) years & standing as such. The person so nominated shall be the duly appointed arbitrator in respect of the dispute. In the event of the parties to the dispute failing to agree on any matter relating to the administration of the arbitration, such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the parties to the dispute.
10.4 Any party to the arbitration may appeal the decision of the arbitrator or arbitrators in terms of the AFSA rules for commercial arbitration.
10.5 Nothing herein contained shall be deemed to prevent or prohibit a party to the arbitration from applying to the appropriate court for urgent or interim relief or for judgment in relation to a liquidated claim.
10.6 Any arbitration in terms of this clause (including any appeal proceedings) shall be conducted in camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the
conduct of the arbitration proceedings and the outcome of the arbitration.
10.7 This clause will continue to be binding on the Parties notwithstanding any termination or cancellation of the Agreement.
10.8 The Parties agree that the written demand by a party to the dispute in terms of clause 10.1 that the dispute or difference be submitted to arbitration is to be deemed to be a legal process for the purpose of interrupting extinctive prescription in terms of the Prescription Act, No 68 of 1969.