Terms and Conditions

1. Introduction

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

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.

2. Definitions and Interpretation

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.

3. 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 in writing remain valid for 14 days unless otherwise agreed in writing.

4. Refund Policy, Cooling-Off Rights and Defective Services

4.1 General Position on Refunds

Subject to your non-excludable rights under the Consumer Protection Act, 2008 (“CPA”) and the Electronic Communications and Transactions Act, 2002 (“ECTA”), all payments made for website development, rentals, hosting, maintenance, or related digital services are generally non-refundable once:

• work has commenced; and/or

• Bernardi Media (Pty) Ltd has incurred third-party costs (for example, hosting, domain registration, premium themes/plugins, software licences, media or other services) specifically for your project.

4.2 Third-Party and Upfront Costs

All payments made for website development, rentals, hosting, maintenance, or related digital services are generally final and non-refundable, subject to your non-excludable statutory rights under the CPA and ECTA (see sections 4.3–4.4 and 18).

Bernardi Media operates by securing discounted or long-term services (e.g. hosting, domain registration, third-party licences) immediately upon client payment. These costs are often non-recoverable and allocated specifically to each project. Where you cancel and a refund is due in terms of law, we are entitled to deduct any reasonable costs actually incurred and a reasonable cancellation fee, where applicable, as allowed under the CPA and its Regulations.

4.3 Cooling-Off Rights (CPA & ECTA)

If and to the extent that your transaction falls within the scope of:

In accordance with the Consumer Protection Act (CPA):

• Section 16 of the CPA (certain transactions concluded as a result of direct marketing), you may have a 5 business day cooling-off period to cancel without penalty; or

• Section 44 of ECTA (certain “electronic transactions” concluded online or by electronic communications), you may have a 7-day cooling-off period to cancel without reason or penalty, subject to the exclusions in section 42 of ECTA (for example, where customised services have already begun with your consent)

Where a statutory cooling-off right applies:

• you may cancel within the applicable period by giving us written (or other recordable) notice;
• we will refund any amounts due to you within the timeframes and on the terms prescribed in the CPA or ECTA, as applicable, less any lawful deductions allowed by those Acts.

4.4 Defective or Inadequate Services

If a service is defective, not delivered as agreed, or unfit for its intended purpose, Bernardi Media will assess the issue in good faith and, where required by the CPA:

• correct or repeat the service; or
• provide an appropriate refund or price reduction, where repair or repeat performance is not possible or reasonable.

4.5 No Refund for Change of Mind

Outside of any applicable cooling-off periods and statutory remedies for defective services, refunds will not be issued for:

• change of mind;
• early termination for convenience; or
• partial use of prepaid services.

By proceeding with payment, you acknowledge that you have reviewed the quote and service scope and accept that, subject to your statutory rights, our services are generally non-refundable once we have started work or incurred costs on your behalf.

By using this website, or accepting a service quote, or paying an invoice, 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

5. Cancellation Policy

5.1 Monthly / Indefinite Services (e.g., rentals, maintenance, hosting)

5.1.1 You may cancel ongoing monthly services (such as website rentals, hosting or maintenance) by providing at least 30 (thirty) days’ written notice to info@bernardimedia.com

5.1.2 Service and billing will continue during the notice period. After the notice period:

• your account and services may be suspended or deactivated; and
• no further recurring charges will apply, save for any amounts still outstanding.

5.1.3 Bernardi Media may also cancel or suspend monthly services on 30 (thirty) days’ written notice, or on shorter notice where you commit a material breach (for example, non-payment or misuse of services) and fail to remedy that breach within a reasonable period.

5.2 Fixed-Term / Annual Services (e.g., prepaid hosting, annual website packages, software licensing)

5.2.1 Some services are offered on a fixed-term or annual prepaid basis. In many cases, Bernardi Media commits upfront to third-party providers (such as hosting companies, registries, software vendors) for the full term.

5.2.2 Where the CPA applies and the agreement is a fixed-term consumer agreement as contemplated in section 14 of the CPA, you may cancel the agreement at any time by giving Bernardi Media 20 (twenty) business days’ written notice, and:

• you will remain liable for all amounts due up to the date of cancellation; and
• Bernardi Media may charge a reasonable cancellation fee, as permitted by section 14 and Regulation 5 of the CPA, after applying the factors listed in that Regulation, including (where relevant) the remaining term, the value of the transaction, actual costs incurred, benefits you have enjoyed, and the potential for us to find a replacement client. For example, in some cases the fee may be calculated as an amount of up to 75% of the remaining value of the agreement, adjusted for actual losses and benefits provided, but it will not exceed what is reasonable in the circumstances under the CPA.

5.2.3 Where the CPA does not apply to a fixed-term agreement (for example, certain contracts with larger juristic persons), the fixed-term agreement is generally not cancellable for convenience before expiry, unless otherwise agreed in writing. If we do agree to an early cancellation in such a case, you may be required to pay a cancellation fee reflecting our actual losses and costs.

5.2.4 In all cases, any wording in these terms describing annual/fixed-term services as “non-cancellable” must be read subject to your non-excludable rights under the CPA and ECTA where those Acts apply.

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

5.3.1 Project-based work (such as once-off website builds, redesigns or major development projects) typically requires a deposit before work commences. This deposit reflects upfront planning, scoping and scheduling, as well as early third-party costs.

5.3.2 If you cancel a project:

• before work has commenced, we may treat the deposit (or a portion of it) as a reasonable cancellation fee, considering our time spent on consultation, planning, proposal preparation and any costs already incurred;
• after work has commenced, you will be liable for:
  • the value of work actually completed up to the date of cancellation;
  • any third-party or external expenses already incurred for your project; and

  • a reasonable cancellation fee where permitted under the CPA.

5.3.3 Deposits are therefore generally non-refundable, except to the extent that this would conflict with your rights to a reasonable cancellation penalty or other remedies under the CPA.

5.4 Non-Payment and Suspension

5.4.1 Failure to pay any amount due may result in suspension or removal of services, including websites, emails or hosting, after reasonable notice.

5.4.2 Suspension or removal of services for non-payment does not waive our right to recover amounts lawfully owed, including any reasonable cancellation / termination charges permitted by law.

5.5 Clarification

If you have questions regarding your current service plan, whether your agreement is fixed-term or month-to-month, or how cancellation charges may apply, please contact us at info@bernardimedia.com before cancelling so that we can explain your options.

6. 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.

7. 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.

8. License –  Intellectual Property & Ownership

Important Notice: Under our rental model, you receive a license to use the website, not ownership. Full ownership transfers only via a separate written buy-out agreement.

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.

9. User Comments

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.

10. Hyperlinking to our Content

The following organisations 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.

11. 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.

12. 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.

13. Client Responsibilities – Security and Account Credentials

13.1 Credential Storage and Use

Where Bernardi Media issues login credentials to a Client — including but not limited to website backend logins, email accounts, hosting control panels, FTP/SFTP access, content management system accounts, or any third-party service credentials provisioned on the Client’s behalf — those credentials are issued for the Client’s exclusive use as the account holder.

The Client agrees to:

• store all credentials in a secure manner;
• avoid transmitting credentials over unsecured channels (such as unsecured email, public messaging platforms, or unencrypted shared documents);
• update credentials periodically and immediately upon any known or suspected compromise; and
• notify Bernardi Media in writing as soon as reasonably possible of any credential that is lost, stolen, or suspected of being compromised.

13.2 Third-Party Access

The Client may not share login credentials or grant access to the website backend, email accounts, or any other Bernardi Media-provisioned service to any third party — including contractors, staff members, developers, agencies, or external service providers — without first notifying Bernardi Media in writing.

The notification should identify the third party, the nature of access being granted, and the intended duration of that access. Bernardi Media reserves the right to require the Client to provision separate user accounts with appropriate permission levels for any third party, rather than sharing the Client’s primary credentials.

13.3 Liability for Client-Side Security Incidents

Bernardi Media maintains a high standard of digital security in its own working practices and systems. However, Bernardi Media cannot be held liable for security incidents that arise from:

• credentials shared by the Client with any third party;
• third-party access granted by the Client, whether notified or not;
• credentials stored insecurely by the Client (for example, in plain text on unsecured devices or shared via insecure platforms);
• weak passwords chosen or retained by the Client;
• the Client or their representatives falling victim to phishing or social engineering attacks;
• malware or compromised devices on the Client’s side; or
• any other action or omission by the Client or those acting under the Client’s authority.

13.4 Remediation Costs

Where the website, email accounts, hosting environment, or any other Bernardi Media-provisioned service must be restored, cleaned, debugged, or otherwise repaired as a result of a client-side security incident:

• the work falls outside of any ongoing maintenance or service arrangement;
• repairs will be quoted separately or billed at Bernardi Media’s standard hourly rate; and
• any related third-party costs (for example, security software, replacement licences, or emergency hosting interventions) are payable by the Client.

13.5 Account Changes by the Client

If the Client changes passwords or modifies account settings under their own credentials and subsequently loses access:

• Bernardi Media will assist with recovery where reasonably possible, but cannot guarantee recovery in all cases;
• any recovery work undertaken by Bernardi Media is billable at standard rates unless covered under an existing service arrangement; and
• losses arising from inability to recover access (such as lost data, lost email, or downtime) are not the responsibility of Bernardi Media.

13.6 POPIA – Client Responsibility as Responsible Party

Where the Client is the responsible party (as defined in the Protection of Personal Information Act, 2013) for personal information processed via systems provisioned by Bernardi Media, the Client retains primary responsibility for ensuring the lawful and secure processing of that information, including:

• maintaining the confidentiality of credentials that protect access to personal information;
• implementing appropriate organisational and technical measures within the Client’s own operations; and
• notifying affected data subjects and the Information Regulator of any security compromise as required under section 22 of POPIA.

13.7 Suspension in the Event of Security Risk

Where Bernardi Media reasonably believes that the continued operation of a Client’s service poses a security risk to other clients, third parties, or Bernardi Media’s own infrastructure, Bernardi Media reserves the right to suspend access to the affected service temporarily, with notice to the Client as soon as reasonably possible, until the risk has been addressed.

13.8 Consumer Rights Reservation

Nothing in this section is intended to limit or exclude any rights the Client may have under the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or the Protection of Personal Information Act, 2013. The provisions of this section will be interpreted subject to those Acts where applicable.

14. Reservation of Rights, Client Responsibilities, Security and Account Credentials

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.

15. 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 (except as required for paid services under section 4.4).

16. 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.

In particular, nothing in these Terms is intended to limit or exclude our liability for gross negligence or wilful misconduct in circumstances where such limitation or exclusion is not permitted under the Consumer Protection Act, 2008.

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.

17. Governing Law and Jurisdiction

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.

18. 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. Nothing in this clause prevents you from approaching the National Consumer Commission, an applicable Ombud, the National Consumer Tribunal, or any competent court, as allowed under the Consumer Protection Act, 2008..

19. Statutory Consumer Rights (CPA & ECTA)

18.1 Nothing in these Terms and Conditions is intended to, or will be interpreted to, limit or exclude any rights or remedies you may have as a consumer under the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or any other applicable South African law.

18.2 If there is any conflict between these Terms and Conditions and any non-excludable provision of the CPA or ECTA, the relevant statutory provision will prevail and these Terms and Conditions will be interpreted accordingly.

Effective date: 1 August 2022

Last updated: 25 May 2026