Terms of Service

1. About Ubuntu Media SA

Ubuntu Media SA is a digital marketing and web design agency registered and operating in South Africa. We provide website design, web hosting, Google Ads management, email marketing, and related digital services to businesses across South Africa.

• Business name: Ubuntu Media SA
• Location: Durban, KwaZulu-Natal, South Africa
• Email: info@ubuntumediasa.co.za
• Phone: +27 60 124 8969

2. Services

Ubuntu Media SA offers the following services, subject to these terms:

• Website Design: Design and development of websites, including monthly subscription packages and once-off design packages.
• Web Hosting: Website and email hosting services on a monthly subscription basis.
• Google Ads Management: Setup, management, and optimisation of Google Ads campaigns. Ad spend is billed separately and directly by Google to the client.
• Email Marketing: Email campaign creation, newsletter management, and automation services.
• Business Email: Professional email hosting with custom domain email addresses.

The specific scope of services, deliverables, and pricing will be confirmed in writing (via email, WhatsApp, or a formal proposal) before work begins.

3. Quotes and Proposals

All quotes and proposals are valid for 14 days from the date of issue unless otherwise stated. Prices are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable. Ubuntu Media SA reserves the right to revise pricing for new projects but will honour confirmed quotes within the validity period.

4. Payment Terms

• Once-off design projects: A 50% deposit is required before work commences. The remaining 50% is due upon project completion, before the website is made live or files are handed over.
• Monthly subscription services: The first month is payable in advance. Subsequent months are billed on the same date each month. Failure to pay within 7 days of the due date may result in service suspension.
• Google Ads management: The monthly management fee is billed separately from ad spend. Ad spend is paid directly to Google by the client.
• Late payments: Accounts overdue by more than 14 days may incur a late payment fee of 5% of the outstanding amount.

Accepted payment methods: EFT (bank transfer), credit/debit card. Payment details will be provided on your invoice.

5. Client Responsibilities

To enable us to deliver services on time, clients agree to:

• Provide all required content (text, images, logos, branding) within 7 days of project commencement, or by a date agreed in writing.
• Provide timely feedback and approvals — typically within 3 business days of receiving work for review.
• Ensure that all content provided is owned by the client or that the client has the legal right to use it. Ubuntu Media SA is not liable for copyright infringement resulting from client-supplied content.
• Keep login credentials and account access details secure and not share them with unauthorised parties.
• Notify Ubuntu Media SA promptly of any changes to contact or billing information.

Delays caused by the client (e.g. late content delivery, delayed approvals) may affect project timelines. Ubuntu Media SA is not liable for delays attributable to the client.

6. Revisions and Change Requests

Each project package includes a defined number of revision rounds as agreed in the proposal. Additional revisions or change requests beyond the agreed scope will be quoted and billed separately at our standard hourly rate. Major scope changes (additional pages, new features, redesigns) are treated as new work and quoted accordingly.

7. Intellectual Property

• Client content: All text, images, logos, and other materials provided by the client remain the intellectual property of the client.
• Completed websites (once-off packages): Full ownership of the completed website design transfers to the client upon receipt of final payment.
• Monthly subscription websites: The website design and files remain the property of Ubuntu Media SA during the subscription period. Upon cancellation, the client may request a copy of the website files, which will be provided for a once-off export fee.
• Third-party tools and themes: Websites may incorporate third-party software, plugins, or themes subject to their respective licences. The client is responsible for maintaining any required licences after handover.
• Portfolio rights: Ubuntu Media SA reserves the right to display completed work in our portfolio and marketing materials unless the client requests confidentiality in writing.

8. Hosting Services

• Ubuntu Media SA provides hosting on a best-efforts basis with a target uptime of 99.9%. Scheduled maintenance and force majeure events are excluded from uptime calculations.
• Clients are responsible for ensuring their website content does not violate applicable laws, infringe third-party rights, or include prohibited content (spam, malware, illegal content).
• Ubuntu Media SA reserves the right to suspend hosting accounts that violate these terms immediately and without notice.
• Daily backups are provided on applicable plans. However, clients are encouraged to maintain their own backups. Ubuntu Media SA is not liable for data loss.

9. Cancellation and Termination

• Monthly services: Either party may cancel a monthly subscription with 30 days' written notice. No refunds are issued for the current billing period.
• Once-off projects: If a client cancels after work has commenced, the deposit is non-refundable. Work completed to date will be invoiced at the agreed rate.
• Termination by Ubuntu Media SA: We reserve the right to terminate services immediately for non-payment, abusive conduct, or breach of these terms. Outstanding fees remain due.
• Data upon cancellation: Upon termination of hosting services, client data will be retained for 30 days before deletion, during which time the client may request an export.

10. Limitation of Liability

To the maximum extent permitted by South African law, Ubuntu Media SA shall not be liable for:

• Loss of profits, revenue, or business opportunities arising from the use of our services
• Indirect, incidental, or consequential damages
• Damages caused by third-party services, platforms, or software (including Google Ads, hosting infrastructure, or email providers)
• Website downtime resulting from factors outside our reasonable control (DDoS attacks, ISP failures, data centre outages, natural disasters)
• Changes in Google search rankings or advertising performance

Our total liability to any client shall not exceed the total fees paid by that client in the 3 months preceding the event giving rise to the claim.

11. Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the course of the engagement. Ubuntu Media SA will not disclose client business information, pricing, or strategies to third parties without written consent, except where required by law.

12. Governing Law

These Terms of Service are governed by the laws of the Republic of South Africa. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the South African courts. The parties agree to attempt to resolve disputes amicably before initiating legal proceedings.

13. Changes to These Terms

Ubuntu Media SA reserves the right to update these Terms of Service at any time. Clients will be notified of material changes by email. Continued use of our services after notification constitutes acceptance of the revised terms.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Email: info@ubuntumediasa.co.za
• WhatsApp: +27 60 124 8969