These Terms and Conditions apply when a client requests, orders, pays for, approves or uses services from Silver Ivy Media. By accepting a quote, completing an order form, paying an invoice, approving a subscription, signing off a project stage or continuing to use our services, the client agrees to these Terms, together with the accepted quote, package details and any written service order.

Nothing in these Terms is intended to remove any right that cannot legally be excluded under applicable South African law. If a non-excludable legal right applies, that right will apply and these Terms will be interpreted as far as possible in a lawful, fair and practical way.

Silver Ivy Media is a South African private company that provides website design, website development, managed hosting, website maintenance, updates, support, ecommerce setup and related digital services.

Legal name: Silver Ivy Media (Pty) Ltd. Company registration number: 2024/035143/07. Directors: Chris Sham and Ramona Sham. Place of registration: Republic of South Africa. Website: www.silverivymedia.co.za. Email: [email protected]. Telephone: 087 095 7821. WhatsApp: 083 411 0246.

Silver Ivy Media operates primarily online and by appointment. Meetings and consultations must be arranged in advance. We do not accept walk-in visits.

Silver Ivy Media supplies the services listed in the accepted quote, invoice, package description, online order confirmation or written service order. Services may include website design, managed hosting, SSL setup, website maintenance, security monitoring, platform updates, support, ecommerce setup and selected SEO foundations, depending on the selected package.

Only the services expressly included in the accepted package or service order are included. Any work outside the agreed scope may be quoted separately before we proceed. This includes custom development, large content changes, specialist integrations, paid plugins, paid themes, paid stock images, advanced SEO campaigns, advertising setup, complex ecommerce configuration, legal-policy drafting, third-party provider work and other services not listed as included.

Quotes and package prices must be read together with the relevant package description, exclusions, payment terms, third-party costs and any applicable minimum service period.

Silver Ivy Media aims to be clear about what is included before work starts. Possible additional costs may include domain registrations, renewals, paid plugins, premium themes, stock images, fonts, software licences, payment gateway charges, bank fees, specialist integrations, courier/shipping tools, third-party subscriptions, extra email services and out-of-scope work.

Unless a quote or invoice states otherwise, any additional work or third-party cost must be quoted or approved before it is added to the project. VAT or tax treatment will be stated on the relevant quote or invoice.

The client must provide accurate business details, trading information, logos, brand assets, website content, images, product details, prices, contact details, domain information, hosting access, payment gateway information, delivery/returns policies and approvals needed for the project.

The client must check all content, contact details, pricing, product information, legal policies, forms and website pages before launch. Silver Ivy Media is not responsible for delays, errors, disputes or legal issues caused by missing, late, inaccurate, unlawful or incomplete client-supplied information.

Clients must not send passwords, OTPs, banking login details or sensitive access information through ordinary website forms, email or WhatsApp. If secure access details are required, Silver Ivy Media will advise on the safest practical method available for that project.

The client confirms that it has the right to use all text, logos, images, trademarks, product photos, videos, fonts, testimonials, claims, policies, documents and other materials supplied to Silver Ivy Media.

The client is responsible for the accuracy, legality and suitability of all supplied content. Silver Ivy Media may refuse to publish content that appears illegal, misleading, infringing, harmful, discriminatory, abusive, dishonest, unsafe, reputationally risky or outside the agreed service scope.

The client indemnifies Silver Ivy Media against claims, losses, costs or disputes arising from client-supplied content, unlawful products or services, misleading claims, copyright/trademark infringement or breach of third-party rights.

Silver Ivy Media may help with website wording, page structure, layout and presentation, but we do not provide legal, tax, financial, medical, insurance, compliance or other regulated professional advice.

Clients are responsible for obtaining professional advice for legal policies, privacy notices, ecommerce terms, regulated product/service claims, promotions, competitions, returns policies, warranty statements, industry-specific disclaimers and statutory notices where needed.

Where Silver Ivy Media builds or maintains an ecommerce website, the client remains the seller of its own products or services. The client is responsible for product legality, product descriptions, images, prices, stock, delivery, collection, returns, refunds, warranties, product safety, customer service, payment gateway approvals, taxes and compliance with laws that apply to its own business.

Silver Ivy Media is responsible only for the website setup, hosting, maintenance and support services agreed in the service order. We do not become the seller of the client’s products or services.

Domain assistance, managed hosting, SSL setup, email services and third-party integrations are included only where stated in the selected package or service order. These services may depend on registrars, hosting providers, payment gateways, email providers, plugins, themes, analytics tools, social platforms and other third-party systems.

Third-party terms, pricing, downtime, restrictions, renewals, approvals, support delays and service changes are outside Silver Ivy Media’s direct control. No hosting, website, email or third-party service can be guaranteed to be uninterrupted, error-free or completely secure.

The client remains responsible for lawful use of its website, email accounts, third-party accounts, products, customer data and business operations.

Project timelines are estimates unless Silver Ivy Media confirms a fixed deadline in writing. A standard website timeline usually starts only after required payment, content, access, domain information, client instructions and approvals have been received.

Missing content, delayed feedback, incomplete information, payment delays, third-party approvals, domain issues, payment gateway setup, ecommerce complexity, out-of-scope changes and revised instructions may extend the timeline.

Before launch, the client must review the website carefully, including wording, spelling, contact details, prices, product information, mobile display, forms, legal pages, links and calls to action. Written launch approval means the client confirms that the website is ready to go live, except for minor corrections or agreed support items.

Invoices must be paid by the due date. Monthly managed website and hosting services are normally payable in advance unless agreed otherwise in writing.

If payment fails or an account becomes overdue, the client remains responsible for the outstanding amount. Silver Ivy Media may pause new work, support, updates, launch, migration, domain transfer or hosting services after reasonable notice where practical. Suspension may affect website availability, email, forms, ecommerce functionality and support access.

The client remains liable for approved work, services already provided, third-party costs and fees due up to the effective suspension or cancellation date.

Cancellation requests must be sent in writing or another recorded form so that both sides have a clear record. Refunds and cancellations are handled according to the accepted service order, these Terms, the Refund and Cancellation Policy and applicable South African law.

Because Silver Ivy Media provides custom website design, setup, hosting, maintenance and digital services, fees are not automatically refundable once work has started. Silver Ivy Media does not provide automatic refunds for completed custom work, work already performed, approved work, time already spent, third-party costs, hosting already used, domain-related costs, licences already purchased or delays caused by missing client information, except where required by law.

Where a statutory cooling-off right applies, Silver Ivy Media will honour it. If the client asks Silver Ivy Media to start custom work or services immediately, any lawful refund may be reduced by reasonable work already performed, services already used and third-party costs already incurred, to the extent allowed by law.

For full details, clients must read the Refund and Cancellation Policy.

Some monthly website packages spread the initial design and setup value across the monthly service fee instead of charging the full website build cost upfront. If a minimum service period, design subsidy recovery period or early release condition applies, it must be disclosed in the quote, package details or service order before work starts.

If the client cancels early and wants to move, copy, export, release or transfer the website files before the initial design/setup value has been recovered, Silver Ivy Media may charge a disclosed and reasonable early release or design subsidy recovery amount, together with unpaid fees and third-party costs, to the extent allowed by law.

Silver Ivy Media will not release unpaid custom work, unpaid website files, unpaid design work, unpaid development work, unpaid licences or services with outstanding balances until the relevant amounts have been settled. Migration support may be quoted separately where required.

The client owns its own business name, logo, brand materials, business information, supplied text, supplied images, product information and content that belongs to the client, subject to any third-party rights.

Unless the service order states otherwise, Silver Ivy Media retains ownership of its templates, methods, know-how, design systems, development processes, reusable code, backend configuration, hosting setup, proprietary workflows and unpaid work.

Once all amounts due have been paid and any release conditions have been met, Silver Ivy Media may provide transferable website files that are reasonably capable of being migrated, excluding proprietary systems, non-transferable licences, paid tools, hosting-specific features and third-party assets that cannot legally be transferred.

Silver Ivy Media may include SEO foundations and performance improvements where these are part of the selected package. This may include clear page structure, mobile-friendly layouts, page titles, descriptions, headings, internal links, search-friendly content and basic technical setup.

Silver Ivy Media does not guarantee Google rankings, indexing, traffic, leads, sales, conversions, page speed scores, revenue or business results. Search and business outcomes depend on many factors outside our control, including market demand, competition, budget, content quality, reviews, advertising, business operations, pricing, customer behaviour and search engine changes.

Silver Ivy Media uses reasonable security and maintenance measures according to the selected package. This may include SSL setup, platform updates, monitoring, backups, access controls and maintenance practices where included.

No provider can guarantee that a website, email account, hosting environment or third-party service will never experience downtime, compromise, cyber attacks, software conflicts or data loss. Clients must use strong passwords, protect their devices and accounts, avoid sharing access carelessly and notify Silver Ivy Media promptly if compromise is suspected.

Clients may not use Silver Ivy Media services for unlawful content, spam, phishing, malware, scams, hate speech, harassment, copyright infringement, prohibited products, misleading claims, unauthorised access or any activity that may harm systems, users, third parties or Silver Ivy Media’s reputation.

Silver Ivy Media processes personal information to respond to enquiries, prepare quotes, onboard clients, provide website and hosting services, manage billing, provide support, operate forms, secure systems, maintain records and comply with legal obligations.

The Privacy Policy / POPIA Notice explains what information may be collected, why it is used, who it may be shared with, how long it may be kept and what rights data subjects may have.

Where Silver Ivy Media hosts or maintains a client website that collects enquiries, orders or customer data, the client is usually responsible for its own customer data and website privacy disclosures. Silver Ivy Media may act as an operator/service provider for hosting and technical support.

Both parties must treat confidential business, technical, access and customer information responsibly and use it only for the agreed purpose, unless disclosure is required by law, a regulator, a court, a professional adviser or a service provider who needs the information to provide the services.

Silver Ivy Media handles access-to-record requests in accordance with the Promotion of Access to Information Act, 2000 (PAIA). A PAIA request is a formal request for access to a specific record. It is not a general enquiry, complaint, support ticket or request for confidential information belonging to another client.

A requester must follow the prescribed PAIA process and provide enough information for Silver Ivy Media to identify and assess the requested record. Silver Ivy Media will not disclose confidential client information, third-party personal information, privileged information, commercially sensitive information, security information or records that it is not legally required or permitted to disclose.

The Silver Ivy Media PAIA Manual is available from the website or may be requested by contacting [email protected].

If a client has a concern, the client should send the issue in writing with enough detail for Silver Ivy Media to investigate. Helpful details include the website URL, issue description, screenshots, dates, desired outcome and contact details.

Silver Ivy Media will review the issue, respond within a reasonable time and try to resolve the matter internally first. If a dispute cannot be resolved internally, either party may use any applicable consumer complaints route, industry ombud, regulator or court process available under South African law.

To the extent allowed by law, Silver Ivy Media is not liable for indirect, special, consequential or business losses, including loss of profit, revenue, data, goodwill, rankings, leads, sales, contracts or business interruption.

Silver Ivy Media’s liability for a claim is limited to the amount paid by the client to Silver Ivy Media for the affected service during the three months before the event giving rise to the claim, unless the law requires a different limit. This clause does not exclude liability that cannot legally be excluded.

The client indemnifies Silver Ivy Media against claims, losses, penalties, costs and expenses arising from client-supplied content, unlawful products or services, misleading claims, breach of third-party rights, non-compliance with ecommerce or industry laws, unauthorised access provided by the client, misuse of the website or breach of these Terms by the client.

Silver Ivy Media may update services, packages, pricing, providers and these Terms from time to time. Changes will not unfairly remove rights already accrued. Material changes to ongoing monthly services will be communicated before they take effect where reasonably possible.

Formal notices must be sent to the email address and physical/service address listed in the service order, legal information page or supplier information section. Important notices should be sent in writing so that both parties have a record.

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of South African courts and applicable South African consumer, privacy and electronic-transaction regulators where relevant.