Terms of Service

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client"), and BUmedia Marketing and Creative Communications Agency ("BUmedia", "we", "us", or "our"), concerning your access to and use of our services, website, and any related applications.

You agree that by accessing our services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. COMPANY INFORMATION & EVOLUTION

2.1 Legal Entity

BUmedia Marketing and Creative Communications Agency is a South African creative communications and marketing agency operating as a 100% Black-owned business.

2.2 Business Evolution

The entity has evolved and operated under the following names, with all historical obligations and rights transferring to the current trading entity:

• Initially operated as BUmedia Digital Marketing Agency
• Subsequently traded as BUmedia Marketing Agency
• Currently trading as BUmedia Marketing and Creative Communications Agency

2.3 Contact Information

• Physical Address: Ground Floor, Corobay Corner, 169 Corobay Ave, Menlyn, Pretoria, 0181, South Africa
• Telephone: 012 408 0002
• Email: iamunique@bumedia.online
• Website: bumedia.online

3. SERVICES OFFERED

BUmedia Marketing and Creative Communications Agency provides the following core services:

3.1 Brand Strategy & Identity Development

Crafting unique brand platforms, positioning, and visual identities designed for market distinction and competitive advantage.

3.2 Creative Communications & Campaign Development

Designing integrated storytelling, content strategies, and multichannel campaigns for both local and international audience engagement.

3.3 Digital Marketing & Search Optimization

Implementing performance-driven strategies, including generative AI-optimized content, SEO/SEM, and conversion-focused advertising across digital platforms.

3.4 Web Development & Digital Platform Creation

Building custom websites, e-commerce platforms, and web applications featuring responsive design, user-centered functionality, and optimized performance architecture.

3.5 Managed Hosting & Maintenance Services

Providing secure, reliable website hosting (as a reseller), comprehensive ongoing maintenance, scheduled updates, and dedicated technical support as part of managed service offerings.

3.6 Content Creation & Visual Design

Producing original copywriting, graphic design, video production, animation, and multimedia assets tailored to specific brand voice and audience connection requirements.

3.7 Marketing Consultation & Bespoke Strategy

Delivering personalized advisory services, comprehensive market analysis, and custom strategic roadmaps aligned with client ambition and measurable growth objectives.

3.8 Promotion and Event Advertising & Management

Planning, executing, and managing promotional campaigns and events, including strategic planning, logistics coordination, vendor management, and performance analytics for physical, virtual, and hybrid events.

3.9 Cybersecurity Services

Providing cybersecurity assessments, vulnerability management, security monitoring, incident response planning, and implementation of security frameworks to protect digital assets and data integrity.

3.10 Custom Service Arrangements

Additional or specialized services may be provided as detailed in separate project proposals, statements of work, or service level agreements.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Agency Ownership

Unless otherwise specified in writing, BUmedia retains all intellectual property rights in any concepts, designs, strategies, frameworks, templates, proprietary methodologies, and preliminary materials ("Background IP") created or used in delivering services.

4.2 Deliverable Ownership

Upon full and final payment of all fees, expenses, and any applicable taxes, BUmedia assigns to the Client all intellectual property rights in the final deliverables specifically created for the Client under the applicable project agreement ("Foreground IP"), excluding any Background IP.

4.3 Portfolio Rights

BUmedia retains the perpetual, royalty-free right to display, publish, and reproduce the deliverables for promotional, marketing, and portfolio purposes, including on digital platforms, in print materials, and in submissions for industry awards. The Client may request confidentiality for specific projects via a separate Non-Disclosure Agreement prior to project commencement.

4.4 Client Materials

The Client warrants that any materials provided to BUmedia (including logos, brand assets, text, images, and data) are owned by the Client or that the Client has obtained necessary licenses and permissions for BUmedia's use in providing services. The Client agrees to indemnify BUmedia against any claims arising from unauthorized use of third-party materials.

4.5 Third-Party Materials

Any third-party materials (including stock imagery, fonts, software, or plugins) incorporated into deliverables may be subject to separate license agreements. Where possible, BUmedia will secure appropriate licenses; however, ongoing license fees or restrictions remain the Client's responsibility unless otherwise agreed.

5. FINANCIAL TERMS & PAYMENT OBLIGATIONS

5.1 Fees and Estimates

Quotations, proposals, and estimates are valid for 30 days from issue date. BUmedia reserves the right to adjust pricing for projects commencing more than 30 days after proposal acceptance or for significant changes to project scope.

5.2 Payment Schedule

Unless otherwise agreed, the following payment terms apply:

• 50% deposit upon project commencement
• 25% upon delivery of preliminary concepts/strategies
• 25% upon project completion before final delivery

For retainers and ongoing services, fees are payable monthly in advance.

5.3 Invoicing

Invoices are issued electronically and are payable within 7 days of the invoice date ("Due Date").

5.4 Late Payment Administration

5.5 Expenses

The Client agrees to reimburse BUmedia for pre-approved reasonable expenses incurred in providing services.

5.6 Taxes

All fees are exclusive of Value Added Tax (VAT) and other applicable taxes, which will be added to invoices where required by law.

6. PROJECT MANAGEMENT & CLIENT OBLIGATIONS

6.1 Client Cooperation

The Client agrees to provide timely feedback, decisions, approvals, and necessary materials to enable BUmedia to meet project timelines. Delays caused by the Client may result in adjusted timelines and/or additional charges.

6.2 Revisions

Each project includes a specified number of revision rounds as outlined in the proposal. Additional revisions will be billed at BUmedia's standard hourly rate.

6.3 Approval Process

The Client is responsible for final approval of all deliverables. Once approved (in writing via email), further changes will be treated as new requests and may incur additional charges.

6.4 Content Accuracy

The Client is solely responsible for verifying the accuracy of all content, information, and claims included in deliverables before approval and publication.

7. HOSTING & MAINTENANCE SERVICES

7.1 Service Level

BUmedia will use commercially reasonable efforts to ensure hosting services maintain 99.5% monthly uptime, excluding scheduled maintenance, force majeure events, or Client-caused issues.

7.2 Client Responsibilities

The Client is responsible for:

• Maintaining secure access credentials
• Regular backup of their own data (BUmedia performs system backups but does not guarantee complete data restoration)
• Ensuring their website content complies with applicable laws and these Terms
• Payment of all applicable hosting and maintenance fees

7.3 Acceptable Use

The Client agrees not to use hosting services for:

• Illegal activities or content
• Distribution of malware or harmful code
• Spam or unauthorized bulk email
• Content infringing intellectual property rights
• Excessive resource consumption affecting other clients

BUmedia reserves the right to suspend hosting immediately for violations of this policy.

7.4 Data Ownership

The Client retains ownership of all data stored on BUmedia's hosting platforms. BUmedia will provide reasonable assistance in data migration upon service termination, subject to payment of all outstanding fees.

7.5 Security

While BUmedia implements industry-standard security measures, the Client acknowledges that no online service is completely secure and agrees to implement additional security measures as recommended.

8. CYBERSECURITY SERVICES

8.1 Scope Limitations

Cybersecurity services are provided based on industry standards and best practices at the time of service delivery. BUmedia does not guarantee complete protection against all cyber threats, vulnerabilities, or attacks.

8.2 Client Implementation

The Client is responsible for implementing recommended security measures, patches, and configurations in a timely manner. Failure to implement recommendations may void certain service guarantees.

8.3 Incident Response

In the event of a security incident, BUmedia will provide assistance as outlined in the specific service agreement, but cannot be held liable for damages resulting from security breaches.

8.4 Compliance

BUmedia will assist with security compliance frameworks as specified in service agreements, but ultimate compliance responsibility remains with the Client.

9. CONFIDENTIALITY

9.1 Confidential Information

Both parties agree to protect each other's confidential information, including business strategies, financial information, proprietary methodologies, and unpublished creative work.

9.2 Exclusions

Confidentiality obligations do not apply to information that is:

• Publicly known at the time of disclosure
• Rightfully received from a third party without restriction
• Independently developed without reference to confidential information
• Required to be disclosed by law or legal process

9.3 Duration

Confidentiality obligations survive termination of these Terms for a period of three (3) years, except for trade secrets which remain protected indefinitely.

10. DATA PROTECTION

10.1 POPIA Compliance

Both parties agree to comply with the Protection of Personal Information Act, 2013 (POPIA) and other applicable data protection laws.

10.2 Data Processing

Where BUmedia processes personal data on behalf of the Client, the parties will enter into a separate Data Processing Agreement incorporating POPIA requirements.

10.3 Data Security

BUmedia implements appropriate technical and organizational measures to protect personal data against unauthorized access, disclosure, alteration, or destruction.

11. WARRANTIES & DISCLAIMERS

11.1 Service Warranty

BUmedia warrants that services will be performed with reasonable skill and care consistent with industry standards.

11.2 No Guarantees

BUmedia does not guarantee specific business outcomes, marketing results, revenue increases, search engine rankings, or similar performance metrics unless explicitly stated in a separate written agreement with defined measurement criteria.

11.3 Third-Party Platforms

BUmedia is not responsible for changes to, or discontinuation of, third-party platforms (including social media, advertising networks, or software platforms) that may affect service delivery or results.

11.4 Disclaimer of Implied Warranties

Except as expressly stated herein, all implied warranties (including merchantability and fitness for a particular purpose) are disclaimed to the fullest extent permitted by law.

12. LIMITATION OF LIABILITY

12.1 Cap on Liability

BUmedia's total liability to the Client for any and all claims arising from or related to these Terms or the services provided shall not exceed the total fees paid by the Client to BUmedia under the applicable project or service agreement in the twelve (12) months preceding the claim.

12.2 Exclusion of Consequential Damages

In no event shall BUmedia be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

12.3 Exceptions

These limitations do not apply to liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded by law

13. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless BUmedia, its directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• The Client's use of services in violation of these Terms
• The Client's violation of any law or third-party rights
• Any content or materials provided by the Client
• The Client's failure to obtain necessary permissions or licenses for materials provided to BUmedia

14. TERMINATION

14.1 Termination for Cause

Either party may terminate these Terms or any project agreement if the other party:

• Materially breaches these Terms and fails to cure such breach within 14 days of written notice
• Becomes insolvent, enters receivership, or ceases business operations

14.2 Termination for Convenience

The Client may terminate ongoing services with 30 days' written notice, subject to payment for all services rendered and any early termination fees specified in service agreements.

14.3 Effect of Termination

Upon termination:

• The Client shall pay for all services rendered and expenses incurred up to the termination date
• BUmedia will deliver completed work for which payment has been received
• The Client's right to use any Background IP or unfinished work terminates immediately
• Hosting services will be discontinued according to the hosting agreement terms

15. DISPUTE RESOLUTION

15.1 Negotiation

The parties agree to attempt to resolve any dispute arising from these Terms through good faith negotiation between senior representatives.

15.2 Mediation

If negotiation fails, the parties agree to submit the dispute to mediation in Pretoria before pursuing litigation. Mediation costs will be shared equally.

15.3 Jurisdiction

Any legal proceedings arising from these Terms shall be brought exclusively in the courts of Pretoria, South Africa.

15.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to conflict of law principles.

16. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, utility failures, internet outages, government actions, or pandemic-related disruptions. The affected party shall notify the other promptly and use reasonable efforts to mitigate the impact.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with any project proposals, statements of work, or service agreements, constitute the entire agreement between the parties regarding the subject matter herein.

17.2 Amendments

BUmedia may modify these Terms at any time. Continued use of services after modifications constitutes acceptance of the updated Terms.

17.3 Assignment

The Client may not assign rights or obligations under these Terms without BUmedia's prior written consent. BUmedia may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of assets.

17.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.5 Waiver

No waiver of any provision shall be effective unless in writing and signed by the waiving party. Failure to enforce any right or provision shall not constitute a waiver.

17.6 Notices

All legal notices shall be in writing and sent to the addresses specified in Section 2.3, with email notices deemed received upon transmission confirmation.

17.7 Survival

Provisions that by their nature should survive termination (including Intellectual Property, Confidentiality, Limitation of Liability, and Indemnification) shall survive termination.

17.8 Relationship

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

17.9 Privacy Policy

Your use of our services is also governed by our Privacy Policy, which can be viewed at: https://bumedia.online/privacy-policy

18. CONTACT INFORMATION