Terms & Conditions

These Terms apply to all visitors, clients, and partners who access our website or engage with our products, services, and software integrations. By browsing this website, requesting a quotation, executing a project proposal, or utilizing our services, you expressly acknowledge and agree to be bound by these Terms.

You may also enter into specific agreements, Statements of Work (SOW), or service level agreements (SLAs) with us. If any provision of an executed written contract directly conflicts with these general Terms, the provisions of the specific contract will prevail to the extent of such conflict.

UltiMedia delivers high-performance digital services tailored for modern businesses across South Africa and international markets, including:

Each engagement is scoped according to approved project specifications, deliverables, and estimated completion timelines agreed upon in writing prior to work commencing.

By using this website or engaging our services, you represent and warrant that:

• You possess the legal capacity to enter into a binding agreement under the laws of the Republic of South Africa or your relevant legal jurisdiction.
• If you represent a corporate entity, company, or partnership, you have the full legal authorization to bind that organization to these Terms.
• All information, contact details, and business particulars you provide are accurate, current, and complete.

In accordance with Chapter III of the South African Electronic Communications and Transactions Act 25 of 2002 (ECTA), you agree that all communications between you and UltiMedia may occur electronically via email, website notices, client portals, or digital messaging.

You agree that all agreements, invoices, notices, disclosures, and approvals provided electronically satisfy all statutory requirements that such communications be in writing.

Intellectual property rights are structured to provide complete protection for both parties:

• UltiMedia Pre-Existing IP: All proprietary code libraries, workflow scripts, automated architectural blueprints, design systems, algorithms, and methodologies created or owned by UltiMedia prior to or independent of the engagement remain the exclusive property of UltiMedia.
• Client Bespoke Deliverables: Upon receipt of 100% full and final payment of all project invoices, ownership of bespoke creative deliverables developed specifically for the client (including approved custom website graphics, unique logo vector files, and tailored front-end copy) transfers unconditionally to the client.
• Third-Party Components: Third-party software, open-source platforms (such as WordPress, plugins, frameworks), stock media, and licensed fonts remain subject to their respective open-source or commercial licenses.
• Portfolio Rights: UltiMedia retains the customary right to showcase non-confidential project milestones, design previews, case studies, and live site previews in our agency portfolio and digital marketing showcases.

You are solely responsible for all content, text, media, photography, trademarks, brand assets, and product catalogues you supply to UltiMedia for integration into your project.

All financial terms are clearly defined and structured for commercial certainty:

• Quotation Validity: Official quotations issued by UltiMedia remain valid for thirty (30) calendar days from the date of issue unless specified otherwise in writing.
• Deposit Requirements: Bespoke development, automation architecture, and creative projects typically require an upfront commitment deposit (ordinarily 50%) prior to project kickoff, with remaining milestones billed upon agreed delivery stages.
• Payment Terms: Invoices are payable upon presentation or within the agreed timeframe specified on the invoice. Base fees are quoted in South African Rand (ZAR) unless quoted in foreign currency (USD, GBP, EUR) for international engagements.
• Default & Late Settlement: Accounts overdue by more than fourteen (14) calendar days may incur statutory interest and may result in the temporary suspension of development environments, active staging access, or ongoing retainer services until all arrears are resolved.

Successful project delivery relies on collaborative communication and timely feedback:

• Client Collaboration: The client agrees to provide necessary access credentials, feedback, content assets, and sign-offs within a reasonable timeframe (typically within 5 business days of request) to avoid project delays.
• Included Revisions: Each deliverable stage includes the agreed review iterations set forth in your project proposal.
• Scope Changes: Any request for features, revisions, integrations, or alterations outside the agreed initial Statement of Work will be assessed as a Change Request and quoted separately before implementation.

Our intelligent workflows and website solutions regularly interface with industry-leading third-party technologies, including artificial intelligence model providers (OpenAI, Google Gemini, Anthropic), payment processors (PayFast, Stripe, Ozow, PayPal), hosting infrastructures, and communication APIs.

You acknowledge that third-party services operate under their own independent terms and service level agreements. UltiMedia is not liable for service outages, rate limiting, algorithm updates, policy shifts, pricing adjustments, or downtime originating from third-party software, networks, or infrastructure providers.

When accessing our website or utilizing solutions hosted or maintained by UltiMedia, you agree strictly not to:

• Deploy, transmit, or propagate any virus, worm, malware, or destructive malicious code.
• Conduct any unauthorized penetration testing, vulnerability scanning, or disruption of server infrastructure.
• Engage in systematic, automated data scraping, harvesting, or extraction without our prior written consent.
• Use our platforms or systems to disseminate defamatory, fraudulent, unlawful, or infringing communications.

Both UltiMedia and the client agree to hold in strict confidence all proprietary business data, trade secrets, architectural blueprints, financial figures, customer lists, and sensitive commercial strategies shared during the course of any inquiry, discovery session, or active engagement.

Confidential information will not be disclosed to any third party without prior written consent, except where required by a court of competent jurisdiction or statutory obligation.

UltiMedia guarantees that all services will be executed with reasonable professional care, diligence, and skill conforming to current modern engineering and design standards.

To the maximum extent permitted by South African law (including the Consumer Protection Act 68 of 2008):

• Our website and content are provided on an “as is” and “as available” basis without warranties of uninterrupted uptime.
• Neither party will be liable for any indirect, consequential, special, punitive, or loss-of-profit damages arising out of or connected with the engagement.
• UltiMedia’s total aggregate liability for any direct claims arising under an engagement, whether in contract, delict, or otherwise, is strictly capped at the total fee actually paid by the client to UltiMedia for the specific service under dispute in the three (3) months preceding the claim.

Either party may terminate an ongoing project or service engagement by providing written notice if:

• The other party commits a material breach of these Terms and fails to remedy such breach within fourteen (14) calendar days of receiving written notice.
• Either party enters liquidation, insolvency, business rescue, or bankruptcy proceedings.

In the event of cancellation prior to project completion, the client remains liable for all work executed, milestone hours accrued, and third-party commitments incurred up to the date of cancellation. In accordance with Section 17 of the Consumer Protection Act (CPA), initial deposits are non-refundable once architectural, scoping, research, design, or development work has commenced.

Neither party will be liable for any delay or failure in performing its contractual obligations (excluding the obligation to make monetary payments due) if such delay or failure is caused by an event beyond its reasonable control, including but not limited to acts of God, national power grid failures (extended loadshedding), submarine cable ruptures, national telecommunications disruptions, civil unrest, war, strikes, or government restrictions.

These Terms and Conditions, together with our official Privacy Policy and any formally signed proposal or Statement of Work, constitute the entire agreement between you and UltiMedia relating to the subject matter herein, superseding all prior oral or written discussions, agreements, or drafts.

If any provision of these Terms is held by a competent court to be unlawful, invalid, or unenforceable, such provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms and Conditions and any contractual or delictual disputes arising out of them are governed by, construed, and enforced in accordance with the laws of the Republic of South Africa.

The parties consent to the non-exclusive jurisdiction of the Magistrates’ Court or High Court of South Africa (Western Cape Division, Cape Town) for the adjudication of any disputes that cannot be settled amicably through good-faith negotiation.