Terms & Conditions, Privacy Policy, PAIA Manual & IP Agreement

2. Company Information

In accordance with Section 43 of the Electronic Communications and Transactions Act (ECTA) and the Companies Act 71 of 2008, our details are as follows:

• Company Name: Memories Made in Motion (Pty) Ltd.
• Registration Number: 2022/850950/07
• VAT Registration Number: 4330313430 (all prices quoted excluding VAT unless stated otherwise; VAT is charged at 15% and shown as a separate line on every tax invoice)
• Director: Sean FitzGerald
• Core Business: Event Management & Media Production
• Contact Email: admin@memoriesmotion.com
• Complaints/Escalation: admin@memoriesmotion.com, or in writing to 48 5th Street, Wynberg, Sandton, 2090 (we aim to respond within 5–10 business days)
• Phone Number: +27 61 518 1374
• Physical Address (Domicilium Citandi et Executandi — our physical address for the service of legal documents): 48 5th Street, Wynberg, Sandton, 2090

Our only monitored email address is admin@memoriesmotion.com, info@memoriesmotion.com or accounts@memoriesmotion.com. Email from any other address or domain is not from us.

2A. Complaints and external escalation

Please raise any complaint with us first, in writing to admin@memoriesmotion.com or at 48 5th Street, Wynberg, Sandton, 2090, so that we have a fair opportunity to resolve it (we aim to respond within 5–10 business days).

If we cannot resolve your complaint, you may escalate it externally:

• Consumer complaints: the Consumer Goods & Services Ombud (CGSO), with which we are registered — complaints@cgso.org.za, 0860 000 272, cgso.org.za.
• Privacy and access-to-information complaints: the Information Regulator (South Africa) — POPIAComplaints@inforegulator.org.za (POPIA) or PAIAComplaints@inforegulator.org.za (PAIA), PO Box 31533, Braamfontein 2017.

3. Pricing, Quotations, and Extra Costs

All pricing is quotation-based and depends on event scope, date, location, quantity, labour, design requirements, production requirements, transport, setup/strike-down requirements, security, insurance, VAT, supplier costs, and any agreed custom manufacturing. The final payable price will be set out in the official quotation and invoice before the client is required to make payment. All quotes provided are valid for 7 days.

4. Service Delivery and Project Timelines

Service dates, delivery dates, setup times, strike-down times, media delivery timelines, design milestones, and production deadlines will be agreed in the accepted quotation, booking confirmation, or project brief. Timelines may be affected by client approvals, venue access, supplier lead times, weather, technical requirements, force majeure events, or changes requested by the client.

5. Bookings and Payment Terms

Memories Made in Motion has exactly two official payment channels:

• EFT: payment into the bank account stated on the official Memories Made in Motion invoice, using the invoice number as the payment reference.
• Online card payment: via the secure Paystack payment link issued by us at memoriesmotion.co.za/pay/…. Memories Made in Motion (Pty) Ltd is the merchant of record for these transactions.

We do not accept cash, cryptocurrency, or payment into any account other than the account stated on an official invoice. Services, production, procurement, or event attendance may be delayed until required payments have cleared. The outstanding balance must be settled in full prior to the event or before the product handover in any capacity.

MMIM will never notify you of a change to our banking details by email. Our only official payment channels are those listed above. If you receive any request to pay into different banking details, or any email from a domain that is not memoriesmotion.co.za or memoriesmotion.com, do not pay — verify with us first by telephone on +27 61 518 1374.

5A. Cooling-off period (ECTA s44)

Where a transaction is concluded electronically, a consumer ordinarily has 7 days to cancel without reason and without penalty under section 44 of the Electronic Communications and Transactions Act. That right does not apply to:

• services that are to be supplied on a specific date or within a specific period — section 42(2)(j) — which covers event bookings;
• goods made to your specification or clearly personalised, for example custom décor, scenic and branding elements — section 42(2)(f)(i)–(ii); and
• services that have already begun with your consent — section 42(2)(d).

Where the cooling-off right does apply, you may cancel without penalty and any payment made will be refunded within 30 days. Cancellation of a booking is otherwise governed by clause 6 below.

5B. Payment security

Card payments are processed by Paystack over an encrypted connection. Memories Made in Motion never receives or stores your card details. The payable amount is fixed on our server against the invoice and cannot be altered from your browser. Payment confirmation is cryptographically verified before an invoice is marked paid. Memories Made in Motion (Pty) Ltd is the merchant of record.

5C. Records of your transaction

Quotations, invoices and payment confirmations are sent to you by email and should be retained for your records. The payment status of an invoice remains viewable at the invoice payment link. Copies of invoices are available on request from admin@memoriesmotion.com for at least five years.

6. Booking Retainers, Deposits, and Cancellations

To secure a booking date, the client may be required to pay a booking retainer/deposit as stated in the accepted quotation or invoice. The retainer is held against your booking and applied to the final invoice. It is not treated as our own property while it is held (Consumer Protection Act section 65(2)). If the booking is cancelled, we deduct only a reasonable cancellation charge determined in accordance with section 17(4) of the Consumer Protection Act — taking into account the length of notice you gave, the reasonable potential for us to find an alternative booking for that date, and the general practice of the industry — credit any successful rebooking of the date, and refund the balance to you within 14 days.

The client may cancel a booking by written notice to Memories Made in Motion. Cancellation charges will be determined reasonably, taking into account the nature of the services, notice period, work already performed, supplier commitments, costs incurred, and the likelihood of rebooking the date.

• More than 30 days before the event: The client may be refunded any amount paid less costs already incurred and a reasonable booking/admin fee.
• 15–30 days before the event: A cancellation fee may apply based on work performed, supplier commitments, and rebooking prospects.
• 7 days or less before the event: A higher cancellation charge, calculated as set out above, may be deducted from the retainer and additional proven costs may be charged where already committed. Any balance remaining is refunded to you.

No cancellation charge will be levied where a consumer is unable to honour a booking because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made (Consumer Protection Act section 17(5)).

Any balance refundable to the client will be refunded within a reasonable period. Nothing in these terms limits any non-excludable rights under South African law. Postponements are subject to our availability; if we cannot accommodate the new date, it will be treated as a cancellation.

7. Refunds, Returns, Exchanges and Service Issues

Because our services are customised event-management, décor, production, hire, media, and design services, refunds are assessed according to the stage of work completed, costs incurred, supplier commitments, and the nature of the service booked. Where goods are hired, the client must return all items in the condition supplied, fair wear and tear excepted. Damaged, missing, or late-returned hire items may be charged to the client. Where we fail to perform services to the standard required by section 54 of the Consumer Protection Act for reasons within our control, you may require us either to remedy the failure or to refund a reasonable portion of the price, as provided in section 54(2), and the choice between those remedies is yours. Where a service cannot be delivered for genuinely external reasons outside our control, an appropriate remedy will be assessed on the circumstances and applicable law.

8. Intellectual Property, Trade Secrets, Copyright, and Media Rights

• Proprietary Technology & Trade Secrets: All event designs, custom stretch set designs, draping/rigging technology, design layouts, and related manufacturing methodologies developed by Memories Made in Motion (Pty) Ltd. remain our exclusive intellectual property, trade secrets, and strictly confidential information. This may not be replicated, shared, or utilised for commercial gain by any client, third party, competitor, or former employee/contractor without explicit written consent. Unauthorised use of our proprietary designs constitutes unlawful competition and a breach of our intellectual property rights.
• Media & Portfolio Use: Memories Made in Motion retains the copyright to all media (photos, videos, drafts) created during the project unless a full copyright buyout is signed in writing. Upon full payment, the client is granted a licence for personal or promotional use as approved by us.
• Privacy/Image Rights Consent: Where event media includes identifiable persons, children, private guests, confidential corporate material, venue restrictions, or sensitive information, portfolio/publication use may be limited by privacy law, client instructions, venue rules, or written agreement. Clients must notify Memories Made in Motion in writing before the event of any restrictions on photography, filming, publication, guest privacy, or confidential content.

9. AI, SaaS, and Internal Systems Disclaimer

MMIM Hybrid, CORE, HOGAN, LEGACY and INVOTECH are internal names for Memories Made in Motion’s working methods and processes; all intellectual property in these names and methods belongs to the company. They are not financial advice, credit products, payment services, banking services, investment services, or regulated financial products unless expressly stated in a signed agreement and supported by the required regulatory approvals.

10. Limitation of Liability

Please read this clause carefully — it limits our liability.

In plain language: we are responsible for the work we control, and we are not responsible for events genuinely outside our control. Memories Made in Motion cannot be held liable for circumstances beyond our reasonable control, for example severe weather, venue closure, civil unrest, state action, or a utility failure outside our control. Equipment failure and staff illness are our risk, not yours: we maintain backup equipment and reasonable contingency staffing for critical production functions, and our liability for service failures is governed by the Consumer Protection Act section 54 clause in clause 7 above. We are not liable for any indirect, special, or consequential losses or damages arising from the use of our services. Statutory Exception: Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited under applicable South African law, including liability for gross negligence, wilful misconduct, or any non-excludable statutory consumer rights under the Consumer Protection Act.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12. Reservation of Rights and Non-Waiver

All rights of Memories Made in Motion (Pty) Ltd are fully and expressly reserved since the company’s inception. Any failure, delay, or relaxation by Memories Made in Motion to strictly enforce any provision of these Terms, or to exercise any intellectual property right, shall not be construed as a waiver of our rights. No past, current, or future communications, actions, or omissions shall prejudice our right to enforce our intellectual property, trade secrets, and contractual rights in a competent South African court or legal forum.