Last Updated: 1 January 2025
These Terms and Conditions (“Agreement”) govern the use of the services provided by RadMedia (Pty) Ltd (“RadMedia”, “we”, “us”, or “our”) by you, the client (“Client” or “you”). By entering into an Order Form, Statement of Work (SOW), or using our services, you agree to be bound by these terms.
RadMedia provides a managed communications platform (“Platform”) that delivers automated digital messages and self-service interfaces to end users on behalf of Clients. Services include but are not limited to:
Service specifics and deliverables are detailed in the applicable Order Form or SOW.
2.1 Eligibility: Services are provided to businesses only. You represent that you are authorized to act on behalf of your organization.
2.2 Client Responsibilities:
2.3 Restrictions: You may not:
3.1 Fees: You agree to pay fees as set out in your Order Form, SOW, or Proposal. Fees may be usage-based, flat-rate, or hybrid.
3.2 Invoicing and Payment Terms: Invoices are due [e.g., 30 days] from the invoice date unless otherwise specified.
3.3 Overages and Adjustments: If usage exceeds included volumes, RadMedia may charge overage fees at the rates specified in your agreement.
3.4 Taxes: All fees are exclusive of VAT and other applicable taxes.
4.1 Term: Each agreement will specify its duration (e.g., 12-month term). If not specified, the default is a rolling monthly term with 30 days’ notice required for termination.
4.2 Termination for Cause: Either party may terminate with immediate effect if the other party:
4.3 Effect of Termination:
5.1 Client Data: You retain ownership of all customer data provided. RadMedia will process this data solely to deliver the services, and in accordance with applicable privacy laws.
5.2 Confidentiality: Both parties agree to keep all non-public, confidential information strictly confidential and not disclose it to third parties except as required to perform the services or by law.
6.1 RadMedia uses encryption, authentication, and role-based access controls to protect client and end-user data. We comply with relevant data protection laws including the Protection of Personal Information Act (POPIA) in South Africa and where applicable, GDPR.
6.2 Additional security protocols may be agreed upon in writing as part of a client-specific Data Processing Agreement (DPA) or custom security addendum.
7.1 RadMedia retains all rights, title, and interest in and to the Platform, including all software, tools, and documentation developed or provided as part of the services.
7.2 You may not use RadMedia’s name, logo, or branding without prior written consent.
8.1 RadMedia warrants that it will provide services with reasonable care and skill.
8.2 Except as expressly set out, all services are provided “as is” and “as available”, without warranty of any kind.
9.1 Limitation of Liability: To the maximum extent permitted by law, RadMedia’s total liability under this Agreement will be limited to the total fees paid by you in the 6 months prior to the claim, excluding any pass-through or third-party messaging costs paid to other platforms.
9.2 Exclusion of Damages: In no event will RadMedia be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill.
10.1 Governing Law: This Agreement is governed by the laws of the Republic of South Africa. The parties consent to the exclusive jurisdiction of the courts of Cape Town.
10.2 Entire Agreement: This Agreement, together with all Order Forms and SOWs, constitutes the entire agreement between the parties.
10.3 Changes: RadMedia may update these Terms from time to time. Continued use of the services constitutes acceptance of the updated terms.
10.4 Force Majeure: Neither party is liable for delays or failure to perform due to events beyond reasonable control.
10.5 Independent Contractors: The parties are independent contractors and not legal partners or agents.
RadMedia does not issue refunds for third-party messaging costs, completed services, or platform usage after services are rendered. In the event of platform failure or non-performance caused by RadMedia, a pro-rata credit or partial refund may be offered at RadMedia’s discretion.
Refund requests for prepaid services will be reviewed on a case-by-case basis. To initiate a refund request or dispute a charge, you must notify RadMedia in writing within 14 days of the invoice date. Refunds will not be granted for services already delivered or executed, including integrations, deployments, or outbound messaging campaigns.
For any questions regarding these Terms, contact:
RadMedia CC
1st Floor, Block B, 2 Fir Street, Black River Park, Observatory, Cape Town, 7925
Email: info@radmedia.co.za