01Introduction and acceptance of terms

1.1 These Terms and Conditions ("Terms") govern the website design, development, hosting and related services provided by ADVN Media ("ADVN", "we", "us" or "our") to you, the person or business that engages us ("Client" or "you").

1.2 You accept these Terms when you do any of the following, whichever happens first: (a) accept a written quotation or proposal from us, including by email or WhatsApp; (b) pay a deposit; or (c) tick a box or sign a document confirming that you accept them.

1.3 If you accept these Terms on behalf of a business, you confirm that you are authorised to bind that business.

1.4 Your written quotation or proposal ("Quote") forms part of the agreement between us. If the Quote and these Terms conflict, the Quote applies to the extent of the conflict, but only for that project.

1.5 Nothing in these Terms limits any right you have that cannot lawfully be limited, including rights you may have as a "consumer" under the Consumer Protection Act 68 of 2008 ("CPA") or the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). If any clause would do so, it applies only to the extent the law allows.

Supplier information

02Description of our services

2.1 ADVN designs and develops websites for businesses. We may also provide optional website hosting and, if separately agreed, other related services.

2.2 Founding client offer. For a limited number of clients, as stated on our website, we offer a website build for a once-off fee of R2,500, which includes:

• up to five (5) website pages;
• mobile-responsive design;
• contact forms;
• WhatsApp integration (a link or button that opens a WhatsApp chat with your business number);
• basic search engine optimisation ("SEO") setup, meaning page titles, meta descriptions, heading structure and a sitemap;
• Google Maps integration where relevant to your business;
• two (2) revision rounds; and
• deployment of the website and handover.

2.3 Unless your Quote says otherwise, the founding client offer does not include: hosting; domain registration or renewal; ongoing maintenance; paid third-party subscriptions, licences or plugins; copywriting beyond reasonable editing of content you supply; professional photography; e-commerce functionality; online payments; booking systems; user accounts; or any custom software system.

2.4 Our offers and prices may change at any time, but a change will not affect a Quote you have already accepted.

03Project scope and deliverables

3.1 Before work begins, we will confirm the scope of your project in writing, including the pages, features and any estimated timeline ("Scope").

3.2 We will deliver only what is described in the Scope. Anything not described there is outside the Scope, even if it is commonly found on other websites.

3.3 A "page" means one distinct web page with its own address (URL). Sections within a single page do not count as separate pages. Pop-ups, thank-you pages and legal notice pages we generate are not counted towards your page limit unless they need custom design.

3.4 The project is treated as delivered when the website is deployed and we have handed over what is described in the Scope, or as set out in clause 7.4.

04Payment terms and deposits

4.1 Unless your Quote says otherwise, website build fees are payable as follows:

• 60% deposit before any work starts; and
• 40% balance before the website is launched (made publicly live).

4.2 Work begins only once your deposit has cleared in our bank account. Your project slot, and for founding clients your founding position, is secured only when the deposit clears.

4.3 We will not launch the website, connect it to your domain or hand over website files until the full fee has been paid.

4.4 All prices are in South African Rand.

4.5 Payment is by electronic funds transfer (EFT) to the bank account on our invoice. Please use the reference shown on the invoice. We will never change our banking details by email or message alone. If you receive a notice that our banking details have changed, confirm it with us by phone before paying.

4.6 If the balance is not paid within 30 days after we tell you in writing that the website is ready to launch, we may treat the project as paused under clause 6.4.

05Additional revisions and scope changes

5.1 A revision round is one consolidated set of feedback, sent to us in a single message or document, asking for changes to work that falls within the Scope (for example wording, images, colours, spacing or the order of sections). We will make the requested changes and send you the updated website for review.

5.2 The founding client offer includes two (2) revision rounds. Feedback sent in pieces over several messages may be treated as separate rounds if this materially increases the work involved; we will tell you before treating it that way.

5.3 The following are scope changes, not revisions: adding pages or features; changing the agreed structure or design direction after you have approved it; and replacing most of the content after the build has started.

5.4 Further revision rounds and scope changes are charged separately. We will give you a written quote, and we will only do the extra work once you have accepted that quote in writing.

5.5 Correcting errors that we made, so the website matches the approved Scope, is not a revision and is free.

06Client responsibilities and delays

6.1 You agree to:

• provide the content we ask for (including text, logos, images and business details) in good time;
• make sure the content you provide is accurate, lawful, and that you have the right to use it (including copyright in images, text and logos);
• give feedback and approvals within a reasonable time;
• provide the access we reasonably need, such as domain or email account access, when required; and
• comply with laws that apply to your business and your website, including the Protection of Personal Information Act 4 of 2013 ("POPIA") and, where it applies, the CPA.

6.2 You remain responsible for your website content and how you use the website. You indemnify ADVN against third-party claims that arise because content you supplied infringes someone's rights or is unlawful, to the extent the law allows.

6.3 If you delay in providing content, feedback, approvals or payment, the project timeline moves accordingly. We are not responsible for delays caused by you or by third parties you appoint.

6.4 If we do not hear from you for 30 consecutive days after we ask for something we need to continue, we may pause the project by written notice. If we still have not heard from you 30 days after that notice, we may close the project. In that case clause 12 applies as if you had cancelled. We may charge a reasonable fee to reopen a closed project, which we will quote in advance.

07Project timelines and delivery

7.1 Any timeline we give is an estimate made in good faith, based on receiving your content, feedback and payments on time. We will tell you promptly if we expect a material delay on our side.

7.2 Timelines start on the later of the date your deposit clears and the date we receive the content we need to begin.

7.3 We are not liable for delays caused by events outside our reasonable control, including load-shedding or other power outages, internet or service-provider outages, illness, natural disasters or acts of government.

7.4 If you have not responded within 14 days after we send the final version of the website for approval, and it substantially matches the Scope, the website will be treated as approved for the purposes of the final payment.

08Hosting and recurring payments

8.1 Hosting is optional and separate from the website build fee. You do not need to buy hosting from us to engage us for a website build, unless we have agreed otherwise in writing.

8.2 If you choose ADVN hosting, the fee is R500 per month unless your Quote says otherwise. Hosting includes:

• hosting the website we built for you on infrastructure provided by our hosting supplier;
• an active SSL certificate (https); and
• dealing with technical problems caused by the hosting environment.

8.3 Hosting does not include content updates, design changes, new pages or features, email hosting, domain registration or renewal, or fixing problems caused by changes made by you or a third party, unless agreed in writing.

8.4 Hosting fees are payable monthly in advance by EFT on or before the 1st day of each month.

8.5 We aim to keep hosted websites available at all times, but we do not guarantee uninterrupted availability. Downtime may happen because of maintenance, supplier outages, attacks or other events outside our control.

8.6 If a hosting payment is more than 14 days late, we may suspend hosting after giving you at least 7 days' written notice. We will restore it once the account is up to date.

8.7 Hosting continues month to month until either party cancels it with one calendar month's written notice. When hosting ends, and provided all fees owed are paid, we will give you a copy of your website files so you can move to another provider.

8.8 If we keep backups as part of hosting, they are kept for operational reasons only. You should keep your own copies of your content.

09Domain ownership and registration

9.1 Domain registration and renewal are not included in our website build fee.

9.2 We recommend that you register your domain name yourself, in your own or your business's name, so that you control it.

9.3 If you ask us to register or manage a domain for you, we will register it with you as the registrant (the legal holder) wherever the registrar allows this. You will pay the registration and renewal fees. We may be listed as a technical or administrative contact so we can manage settings for you.

9.4 You are responsible for renewing your domain unless we have agreed in writing to do so. We are not liable for a domain that lapses because a renewal was not paid.

9.5 At your request, and once any amounts you owe for domain services are paid, we will provide the information you need to transfer the domain to the registrar of your choice.

10Website ownership and intellectual property

10.1 Ownership on full payment. Once you have paid all fees for the project in full, ownership of the copyright in the custom website deliverables we created specifically for you under the Scope (such as the custom design, layout and website code written for your project) passes to you. This is subject to clauses 10.3 to 10.5 and any other arrangement agreed in writing.

10.2 Until you have paid in full, ADVN owns all deliverables. You may review them for approval but may not publish, copy or use them.

10.3 Your content. You keep ownership of all content you provide to us, such as your logo, text and photographs. You give us permission to use it to build and host your website.

10.4 Our pre-existing materials. We may use our own pre-existing tools, code snippets, templates, frameworks, methods and know-how ("ADVN Materials") in your project. We keep ownership of ADVN Materials. Once you have paid in full, you receive a perpetual, non-exclusive, royalty-free licence to use the ADVN Materials included in your website, as part of that website.

10.5 Third-party materials. Fonts, plugins, libraries, frameworks, icons, stock images and other materials owned by third parties remain the property of their owners. They are used under their own licence terms, which may limit how they can be used. See clause 11.

10.6 Portfolio use. Unless you tell us in writing that you do not consent, we may display your website, its design and your business name in our portfolio and marketing materials, including after the project ends. We will not disclose your confidential information when we do this.

10.7 Credit link. We may include a small "Website by ADVN Media" credit in the footer of your website. You may ask us to remove it.

11Third-party software, integrations and subscriptions

11.1 Your website may rely on third-party products and services, for example Google Maps, WhatsApp, form-delivery services, fonts, hosting infrastructure and analytics tools.

11.2 These are provided by the third party under its own terms and privacy policy, not by ADVN. We do not control them and are not responsible for their availability, changes, pricing, data practices or discontinuation.

11.3 If a third-party service requires a paid subscription or licence, you are responsible for its cost unless we have agreed otherwise in writing. Where possible, subscriptions should be held in your name.

11.4 If a third party changes or discontinues a service after launch and your website needs updating as a result, that work is outside the Scope and will be quoted separately.

12Cancellations and refunds

12.1 You may cancel a website project by written notice at any time.

12.2 If you cancel before we have started work, we will refund your deposit, less a reasonable amount for any administrative costs we have actually incurred. We will tell you what that amount is and why.

12.3 If you cancel after we have started work, we may keep the part of your deposit that fairly reflects the work done and costs incurred up to the cancellation date. We will refund any balance of the deposit. You do not have to pay the 40% balance if you cancel before the website is launched.

12.4 If you cancel, ownership of incomplete deliverables does not pass to you unless we agree otherwise in writing and you pay a fair amount for them.

12.5 Cooling-off. If you are a consumer entering into this agreement through an electronic transaction, you may have a right under section 44 of ECTA to cancel within seven (7) days without reason or penalty. Under ECTA, this right does not apply to services that have begun with your consent before the end of the seven-day period. When you ask us to start work within seven days of accepting the Quote, you consent to the work beginning early.

12.6 We may cancel a project if you materially breach these Terms and do not remedy the breach within 14 days of written notice, or if continuing would require us to act unlawfully or unethically. If we cancel for reasons that are not your fault, we will refund the amounts you paid for work not yet done.

12.7 Refunds are paid by EFT within 14 days after the amount is agreed.

12.8 For cancellation of hosting, see clause 8.7.

13Website maintenance and ongoing support

13.1 Ongoing maintenance and support are not included in the website build fee or, unless stated in clause 8.2, in the hosting fee.

13.2 For 14 days after launch, we will fix, at no charge, any defects that are our fault and that stop the website from working as described in the Scope. This does not cover changes to content, new requests, or problems caused by you, third parties or third-party services.

13.3 After that period, support, updates and changes are available on request and will be quoted separately, or provided under a separate written maintenance agreement if we offer one.

13.4 We do not offer unlimited support, and nothing on our website or in our communications should be read as a promise of unlimited support.

14Limitation of liability

14.1 To the extent permitted by law, ADVN's total liability to you for any claim arising from or related to a project or service, whether in contract, delict or otherwise, is limited to the total fees you paid to ADVN for that project or service in the twelve (12) months before the claim arose.

14.2 To the extent permitted by law, ADVN is not liable for indirect or consequential loss, including loss of profit, revenue, business, data, goodwill or opportunity, even if we were told such loss was possible.

14.3 ADVN is not liable for loss caused by: content you supplied; changes to the website made by you or a third party; third-party services, software or hosting suppliers; security incidents that occur despite reasonable precautions; or events outside our reasonable control.

14.4 Nothing in these Terms limits or excludes liability for gross negligence, fraud or wilful misconduct, or any liability that cannot be limited or excluded under the CPA or other applicable law.

15Search engine rankings and performance disclaimers

15.1 ADVN does not guarantee any particular business outcome from your website, including leads, enquiries, sales, revenue, traffic, conversion rates or business growth.

15.2 Basic SEO setup helps search engines read your website. It does not guarantee a ranking or position on Google or any other search engine, which depends on factors outside our control.

15.3 We will design and build your website with reasonable care and skill, in line with the Scope.

16Confidentiality

16.1 Each party will keep confidential any non-public information about the other party's business that it receives during the project, and will use it only for the purposes of the project.

16.2 This does not apply to information that is public, was already known to the receiving party, was received lawfully from someone else, or must be disclosed by law or a court order.

16.3 Login details and passwords you share with us will be used only to provide the services and handled with reasonable security. We recommend changing them once the project is complete.

16.4 Our handling of personal information is described in our Privacy Policy. Where we process personal information on your behalf (for example enquiries submitted through a contact form on a website we host), we do so as your "operator" under POPIA, as described in that policy.

16.5 These obligations continue after the project ends.

17Dispute resolution

17.1 If a dispute arises, either party may notify the other in writing. Both parties will then try in good faith to resolve it within 14 days.

17.2 If the dispute is not resolved, the parties may agree to refer it to mediation by a mediator they agree on, with the costs shared equally unless agreed otherwise.

17.3 This clause does not stop either party from seeking urgent relief from a court. It does not affect any right you may have to approach the National Consumer Commission, a consumer court, an applicable ombud or any other body under the CPA.

18Governing law and jurisdiction

18.1 These Terms are governed by the laws of the Republic of South Africa.

18.2 Subject to clause 17, the parties submit to the jurisdiction of the competent South African courts. Where the law allows, either party may bring proceedings in the Magistrates' Court with jurisdiction, even if the amount claimed would otherwise exceed that court's jurisdiction.

18.3 If any clause of these Terms is found to be invalid or unenforceable, it will be severed and the rest of the Terms will remain in force.

18.4 These Terms, together with the Quote, are the whole agreement between the parties for the project. A failure or delay in enforcing a right does not waive it.

18.5 Notices under these Terms may be given by email to the addresses the parties use for the project, in line with ECTA.

19Amendments to these Terms

19.1 We may update these Terms from time to time. The updated version will be published on this page with a new "last updated" date.

19.2 Changes do not apply to a project already in progress unless you agree to them in writing. For ongoing services such as hosting, we will give you at least 30 days' notice of material changes, and you may cancel before they take effect.

20Contact information

Questions about these Terms can be sent to:

00Who we are and what this policy covers

ADVN Media ("ADVN", "we", "us") is a website design and development business in South Africa. This policy explains how we process personal information about:

• visitors to our website at advn.co.za;
• people who contact us or ask for a quote; and
• our clients and their contact people.

For this personal information, ADVN is the "responsible party" under POPIA, meaning we decide why and how it is processed.

When we build or host websites for clients, we may also process personal information on behalf of those clients. In that case the client is the responsible party and ADVN acts as its "operator". Section 15 explains how that works.

"Personal information" has the meaning given in POPIA. It includes information about identifiable living people and, in South Africa, about identifiable existing juristic persons such as companies.

01Information we collect

We collect only the personal information we need. Depending on how you deal with us, this may include:

• Identity and contact details: name, business name, email address, telephone or WhatsApp number (see section 2).
• Enquiry information: what you tell us about your business and your project (see section 3).
• Project information: content you supply for your website, such as text, images and logos, plus feedback and approvals.
• Billing information: invoicing details, payment references and records of payments made to us. We receive payments by EFT. We do not collect or store card details.
• Access credentials: logins you choose to share so we can do the work, such as domain registrar access (see section 6).
• Technical information: limited technical data that is automatically sent when you visit our website, such as your IP address and browser type (see sections 4 and 7).

We do not intentionally collect special personal information (such as health, religious or biometric information) or personal information about children. Please do not send us any.

02Names, email addresses and telephone numbers

We collect your name, email address and phone number when you send us an enquiry, email us, message us on WhatsApp, or become a client. We use them to reply to you, to communicate about your project, to send invoices and to keep business records.

If you contact us on WhatsApp, the conversation is also subject to WhatsApp's own terms and privacy policy, because WhatsApp is operated by a third party (see section 7).

03Information submitted through website contact forms

Our contact form asks for your name, business name and WhatsApp number, and optionally your email address and a short message. We use these details only to respond to your enquiry and to take steps towards a possible contract with you, because you asked us to (POPIA section 11).

When you submit the form, your details are sent to FormSubmit (formsubmit.co), a third-party form-processing service, which forwards them to our mailbox, provided by Google (Gmail). FormSubmit handles the data under its own terms and privacy policy and may process it outside South Africa (see section 7).

The form does not use cookies or tracking, and our website itself does not store your submission. If you'd rather not use the form, you can reach us by WhatsApp, phone or email instead, and we receive only what you choose to send us.

Contact forms on websites we build or host for clients are covered in section 15.

04Cookies and website analytics

Cookies: our website does not currently set cookies.

Analytics: we do not currently use website analytics or tracking tools (such as Google Analytics or a Meta Pixel), and we do not use advertising trackers.

Fonts: our website loads typefaces from Google Fonts. To deliver the font files, your browser connects to Google's servers, which receive your IP address and browser information. Google's privacy policy applies to that data.

Server logs: our website hosting provider may automatically record standard server logs (such as IP address, date and time, and the page requested) for security and operational purposes.

If we start using cookies or analytics, we will update this policy before doing so and, where required, ask for your consent.

05How we use personal information

We use personal information only for purposes that are lawful and related to our business, including to:

• respond to enquiries and prepare quotes;
• enter into and carry out our agreement with you, including designing, building, launching and hosting your website;
• communicate with you about your project, payments and services;
• issue invoices, keep accounting records and meet tax and other legal obligations;
• protect our website, systems and business from fraud and security threats;
• establish, exercise or defend legal claims; and
• send you marketing communications, only as allowed under section 10.

We rely on the lawful grounds in section 11 of POPIA: your consent; performing a contract with you or taking steps towards one; complying with a legal obligation; and our legitimate interests (or those of a third party), where these are not overridden by your rights.

We will not use your personal information for a purpose that is incompatible with the purpose we collected it for, unless the law allows it.

06How information is stored and protected

We take appropriate, reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised destruction and unlawful access or processing, as required by section 19 of POPIA. These include:

• storing business information in password-protected accounts with multi-factor authentication where it is available;
• limiting access to people who need it to do their work;
• storing client login credentials in a password manager rather than in plain-text documents or messages, and asking clients to change shared passwords after a project; and
• keeping devices and software up to date.

No method of transmission or storage is completely secure. We cannot guarantee absolute security, but we will act promptly if a security compromise occurs (see section 14).

Some of our service providers store information on servers outside South Africa (see section 7).

07Third-party service providers

We use a small number of service providers to run our business. They may process personal information for us as operators, or for their own purposes under their own privacy policies:

Cross-border transfers. Some of these providers (for example Google, WhatsApp and FormSubmit) store or process information outside South Africa. Under section 72 of POPIA we transfer personal information outside South Africa only where the recipient is subject to laws, binding corporate rules or a binding agreement that provide an adequate level of protection, where you consent, or where the transfer is necessary to perform our contract with you or another ground in section 72 applies.

08Data sharing and disclosure

We do not sell personal information. We share it only:

• with the service providers in section 7, to the extent they need it to provide their services;
• with professional advisers such as accountants, auditors or attorneys, who are bound by confidentiality;
• where the law requires it, for example to the South African Revenue Service or in response to a court order;
• where it is necessary to protect our legal rights or the safety of any person; or
• with your consent, or at your direction.

If ADVN is sold, restructured or merges with another business, personal information may be transferred to the new owner. It will continue to be protected in line with this policy and POPIA.

09Data retention

We keep personal information only as long as we need it for the purpose we collected it for, unless the law requires or allows us to keep it longer (POPIA section 14):

When information is no longer needed, we delete or destroy it, or de-identify it so it can no longer be linked to you.

10Marketing communications and consent

We comply with section 69 of POPIA on direct marketing by electronic communication (such as email, SMS and WhatsApp):

• If you are not our client, we will send you electronic direct marketing only if you have given us your consent.
• If you are our client, we may send you electronic marketing about our own similar services, provided you were given a chance to object when we collected your details and did not object.
• Every marketing message will tell you how to opt out, free of charge apart from your normal data or messaging costs.

Replying to your own enquiry, or sending you messages about a project or hosting service you have with us, is not direct marketing.

To stop marketing at any time, reply "unsubscribe" or email ngakanegoitse10@gmail.com.

11Your rights under POPIA

As a data subject, you have the right to:

• be told that your personal information is being collected, and be notified if it has been accessed or acquired by an unauthorised person;
• ask whether we hold personal information about you and request access to it;
• request that we correct, destroy or delete your personal information;
• object, on reasonable grounds, to the processing of your personal information, and object at any time to direct marketing;
• withdraw your consent at any time, where we rely on consent (this does not affect processing that already took place lawfully);
• not be subject to decisions based solely on automated processing that significantly affect you (we do not make such decisions); and
• lodge a complaint with the Information Regulator, and to take civil action under section 99 of POPIA.

Information Regulator (South Africa): you can find the Regulator's current contact details and complaint forms at inforegulator.org.za. We would appreciate the chance to resolve your concern first, but you are not required to contact us before approaching the Regulator.

12Access, correction and deletion requests

To exercise your rights, contact our Information Officer (section 13). To protect your information, we will need to confirm your identity before acting on a request.

• Access: we will confirm whether we hold your personal information and give you a record or description of it. Access requests may also be handled under the Promotion of Access to Information Act 2 of 2000 (PAIA), which may allow a prescribed fee to be charged. We will tell you in advance if a fee applies.
• Correction and deletion: you can ask us to correct information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully, or to delete information we are no longer authorised to keep. The prescribed forms under the POPIA regulations may be used.

We will respond within a reasonable time and within any period required by law. If we cannot fully comply, for example because the law requires us to keep certain records, we will explain why.

13Information Officer contact details

Under POPIA and PAIA, the head of a private body is its Information Officer. ADVN's Information Officer is the owner of ADVN Media, who you can contact directly:

14Security compromises and breach notifications

If we have reasonable grounds to believe that personal information we are responsible for has been accessed or acquired by an unauthorised person, we will, as required by section 22 of POPIA:

• notify the Information Regulator; and
• notify the affected data subjects, unless their identity cannot be established,

as soon as reasonably possible after discovering the compromise, taking into account the needs of law enforcement and the steps needed to determine its scope and restore the integrity of our systems.

Our notification will include enough information for you to take protective measures: a description of the possible consequences, what we are doing about it, what you can do, and, if known, who may have accessed the information.

Where we act as an operator for a client (section 15) and become aware of a compromise affecting that client's data, we will notify the client immediately so that they can meet their own notification obligations.

15Client websites and our role as operator

The websites we build and host for clients may collect personal information from their visitors, for example through contact forms.

When ADVN acts as an operator

Where we process personal information on a client's behalf, for example hosting a website that receives contact form submissions, we act as the client's operator under sections 20 and 21 of POPIA. In that role we will:

• process that information only with the client's knowledge or authorisation, and only to provide our services;
• treat it as confidential and not disclose it unless required by law or in the course of properly performing our services;
• apply the security measures described in section 6; and
• notify the client immediately if we have reasonable grounds to believe the information has been accessed or acquired by an unauthorised person.

POPIA requires a responsible party and its operator to have a written contract that ensures the operator maintains these security measures. Our Terms & Conditions and project documentation set out these commitments.

The client's responsibilities

Each client is the responsible party for the personal information its own website collects. Clients will usually need their own privacy policy, and appropriate notices or consent mechanisms (for example a consent checkbox on forms, or a cookie notice if the client adds cookies or analytics). This ADVN Privacy Policy does not cover the client's processing.

We can add a client's privacy policy page and consent checkbox to their website as part of the build. The content of the client's privacy policy, and its legal accuracy, remain the client's responsibility.

16Policy updates

We may update this policy, for example if we start using a new service provider, analytics or cookies. The latest version will always be on this page with its "last updated" date. If we make material changes that affect how we use personal information we already hold, we will notify affected clients by email.

17Contact information

For any questions about this policy or your personal information, contact: