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Terms and Conditions

Welcome to Bernardi Media!

These terms and conditions outline the rules and regulations for the use of Bernardi Media (Pty) Ltd’s Website, located at https://bernardimedia.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Bernardi Media if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and agreeing to be bound by the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to the laws of the Republic of South Africa, including the Consumer Protection Act (No. 68 of 2008) and the Electronic Communications and Transactions Act (No. 25 of 2002). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Pricing and Quotes

All service pricing displayed on this website or communicated in proposals is subject to change without prior notice. While we strive to maintain accurate and up-to-date pricing, Bernardi Media (Pty) Ltd reserves the right to adjust pricing in response to market conditions, supplier changes, or service scope variations. Confirmed quotes remain valid for 14 days unless otherwise agreed in writing.

Refund Policy

All payments made for website development, rentals, hosting, maintenance, or related digital services are final and non-refundable.

Bernardi Media operates by securing discounted long-term services (e.g. hosting, domain registration, third-party licences) immediately upon client payment. These costs are non-recoverable and allocated specifically to each project.

In accordance with the Consumer Protection Act (CPA):

  • If a service is defective, not delivered as agreed, or unfit for its intended purpose, Bernardi Media will review and resolve the issue in good faith.
  • Refunds will not be issued for change of mind, early termination, or partial use of prepaid services.

By proceeding with payment, the client acknowledges acceptance of this non-refundable clause. Clients are encouraged to carefully review quotes and service details before proceeding, and may contact us to clarify any part of the service scope or terms.

By using this website or accepting a service quote, you consent to entering into a binding electronic agreement with Bernardi Media (Pty) Ltd.

For any concerns or questions, feel free to contact: info@bernardimedia.com

Cancellation Policy

Bernardi Media offers flexible service options, but due to the nature of our work and upfront commitments, the following cancellation terms apply:

Monthly Services (e.g., rentals, maintenance, hosting):

  • Clients may cancel monthly services (such as website rentals or maintenance) by providing 30 days’ written notice to info@bernardimedia.com
  • Service and billing will continue during the 30-day notice period. After this period, the account will be deactivated and no further charges will apply.

Annual Services (e.g., prepaid hosting, website packages, software licensing):

  • Annual packages are prepaid and non-cancellable due to third-party service commitments initiated at the time of payment.
  • The client accepts full responsibility for the annual term upon payment confirmation.

Project-Based Services (e.g., once-off website builds):

  • Deposits are non-refundable. If cancellation occurs after commencement, the client will be liable for the value of completed work and any external expenses incurred.

Please note:

Failure to provide notice or continued non-payment may result in account suspension and removal of services, including websites, emails, or hosting.

If you have questions regarding your current service plan or cancellation terms, we encourage you to reach out to our support team for clarity and assistance.

POPIA / Privacy Compliance

Bernardi Media complies with the Protection of Personal Information Act (POPIA). Personal data collected during website usage or service delivery is processed lawfully, securely, and only for the purposes for which it was collected.

Bernardi Media will never sell or share your personal information without your consent, unless required by law.

Cookies

We employ the use of cookies. By accessing Bernardi Media, you agreed to use cookies in agreement with the Bernardi Media (Pty) Ltd’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License –  Intellectual Property & Ownership

All intellectual property rights, including the design, code, layout, and media created by Bernardi Media, remain the sole property of Bernardi Media (Pty) Ltd unless explicitly transferred in writing.

Clients who rent a website are granted a limited, non-exclusive licence to use the site for the duration of the agreement. Ownership of code or files does not transfer unless a separate agreement or full buy-out is made in writing.

You may access this from Bernardi Media for your own personal use subjected to restrictions set in these terms and conditions.

No part of the website, including design, structure, code, or copy, may be reproduced or repurposed for commercial use without prior written consent.

You must not:

  • Republish material from Bernardi Media
  • Sell, rent or sub-license material from Bernardi Media
  • Reproduce, duplicate or copy material from Bernardi Media
  • Redistribute content from Bernardi Media

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Bernardi Media (Pty) Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Bernardi Media (Pty) Ltd, its agents and/or affiliates. Comments reflect the views and opinions of the individuals who post them. To the extent permitted by applicable laws, Bernardi Media (Pty) Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Bernardi Media (Pty) Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Bernardi Media (Pty) Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Bernardi Media (Pty) Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Bernardi Media (Pty) Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Bernardi Media (Pty) Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise from your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

Bernardi Media complies with South African consumer and data protection laws. However, we make no guarantees as to the performance of third-party services (e.g. hosting providers, plugins) and will not be liable for downtime or loss caused by these platforms.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Jurisdiction Clause Clause

These Terms and Conditions are governed by the laws of South Africa. Any disputes arising will be subject to the jurisdiction of the courts of Gauteng.

These terms are available in English. If translated, the English version shall prevail in the event of inconsistencies.

Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter amicably and in good faith before seeking legal action. Bernardi Media reserves the right to escalate unresolved matters to the National Consumer Commission (NCC) or a relevant small claims court if appropriate.