Effective date: 22 May 2026
Operated by Mediakim (Pty) Ltd ("Mediakim", "we", "us", "our"), a private company registered in the Republic of South Africa (registration number 2019/349410/07).
These Terms govern your use of the Mediakim website and client portal at portal.mediakim.co.za (the "Platform") and the design, web, marketing and related services we provide (the "Services"). By creating an account or using the Platform, you agree to these Terms.
1. Who may use the Platform
You must be at least 18 years old and able to enter a binding contract. If you use the Platform for a business, you confirm you are authorised to act for that business.
2. Accounts
You are responsible for keeping your login details secure and for activity under your account. Tell us promptly if you suspect unauthorised access. We may suspend an account where we reasonably believe it has been compromised or these Terms have been breached.
3. Services, quotes and orders
We describe Services, tiers, add-ons and retainers on the Platform. Pricing shown is a guide; the binding price for your work is the one set out in the quote, proposal or order you accept. A contract for specific work forms when we confirm your accepted quote or order. We may decline or cancel an order before work begins (for example, where scope cannot be agreed).
4. Fees and payment
All prices are in South African Rand. Mediakim is not VAT-registered, so no VAT is charged. Setup and once-off fees are payable as set out in your quote or invoice. Recurring fees (hosting, mail care, marketing and other retainers) are billed per the cycle stated for that service. Late or unpaid amounts may lead to suspension of the affected Service after reasonable notice.
5. Retainers and notice
Retainer and SLA engagements continue until cancelled. Either party may cancel a retainer on two (2) calendar months' written notice, unless your specific agreement states otherwise. Fees remain payable through the notice period.
6. Your responsibilities
To deliver well, we rely on you to provide accurate information, content, approvals and feedback in good time, and to hold the rights to any material you supply to us (text, images, logos, data). You agree not to misuse the Platform, attempt to breach its security, or use the Services for unlawful purposes.
7. Intellectual property
Final approved deliverables become yours once paid for in full. Mediakim retains ownership of its working files, source files, internal templates, methods and pre-existing tools used to create the deliverables, together with the right to use non-confidential work in its portfolio unless you ask us in writing not to. Any third-party assets (for example licensed fonts or stock) remain subject to their own licences.
8. Third parties and suppliers
Some Services involve suppliers we engage on your behalf (for example print, hosting infrastructure, or specialist production). We coordinate these in good faith but are not liable for a supplier's independent acts beyond our reasonable control.
9. Availability
We work to keep the Platform available but do not guarantee uninterrupted access. We may carry out maintenance, update features, or suspend access where necessary, and will give reasonable notice of planned downtime where we can.
10. Limitation of liability
To the extent permitted by law, Mediakim is not liable for indirect or consequential loss, loss of profit, or loss of data. Our total liability for any claim relating to a Service is limited to the fees you paid for that specific Service in the 3 months before the claim. Nothing in these Terms limits liability that cannot be limited by South African law.
11. Termination
You may close your account at any time; amounts already due remain payable and active retainers are subject to the notice period in clause 5. We may suspend or end your access for material breach of these Terms.
12. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new effective date and, for material changes, give reasonable notice through the Platform or by email. Continued use after changes take effect means you accept them.
13. Governing law
These Terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction.
14. Contact
Questions about these Terms: info@mediakim.co.za.
This document is provided for transparency and is reviewed periodically. For any questions, email info@mediakim.co.za.