TERMS & CONDITIONS

6Foot5 Media (Pty) Ltd
Last Updated: 11 May 2026

1. Introduction

These Terms & Conditions (“Terms”) govern your use of all services provided by 6Foot5 Media (Pty) Ltd (“6Foot5 Media”, “Company”, “we”, “us”, or “our”).

These include:

• Website design and development services

• Mobile application development

• Digital marketing and branding services

• SaaS platforms and software products

• Social media management and automation tools

• APIs, integrations, and dashboards

• Hosting, maintenance, and support services

By accessing or using our services, you agree to be bound by these Terms.

If you do not agree, you must stop using our services immediately.

2. Definitions

• User / Client / You: Any individual or entity using our services.

• Company: 6Foot5 Media (Pty) Ltd.

• Platform: All SaaS tools, software systems, dashboards, APIs, and automation services.

• Services: All agency, digital, and software offerings.

• Content: Any text, images, videos, media, data, or materials uploaded or processed through our systems.

• Third-Party Platforms: External services such as Google, Meta, TikTok, YouTube, X, LinkedIn, and others.

3. Eligibility

You must:

• Be at least 18 years old, or have legal guardian consent

• Have legal capacity to enter into agreements

• Provide accurate and complete information

We reserve the right to refuse service or suspend accounts at our discretion.

4. Services Provided

4.1 Agency Services

We provide custom digital services including:

• Website design and development

• Mobile app development

• Branding and design

• SEO and digital marketing

• Content creation

• Google Ads and analytics

4.2 SaaS & Software Services

We provide software platforms including:

• Social media scheduling and automation

• Analytics dashboards

• API integrations

• Content publishing tools

• Team collaboration systems

We may update, change, or discontinue features at any time.

5. Quotes, Pricing & Payments

• Quotes are valid for 7–14 days unless stated otherwise

• A deposit (typically 50%) is required before work begins

• Final payment is required before delivery or launch

• SaaS subscriptions are billed in advance (monthly or annually)

• Late payments may result in suspension of services

All payments are non-refundable unless required by law or agreed in writing.

6. Client Responsibilities

Clients agree to:

• Provide accurate information and materials

• Ensure ownership of supplied content

• Review and approve work within reasonable timeframes

• Maintain backups of their own data

Delays caused by client inaction may affect timelines.

7. Intellectual Property

7.1 Client Ownership

Upon full payment, final deliverables (custom designs, code, content) become the property of the client unless otherwise agreed.

7.2 Company Ownership

We retain ownership of:

• Source code frameworks

• Reusable components

• SaaS platforms

• Internal systems and tools

• Proprietary technologies

7.3 Portfolio Rights

We may display completed work for portfolio and marketing purposes unless otherwise agreed in writing.

8. SaaS License

Software is licensed, not sold.

You are granted a:

• Non-exclusive

• Non-transferable

• Revocable

• Limited license

You may not:

• Copy or resell the software

• Reverse engineer systems

• Access systems unlawfully

• Circumvent security controls

9. Acceptable Use Policy

You may not:

• Violate any laws or regulations

• Upload harmful or illegal content

• Engage in fraud, spam, or abuse

• Attempt unauthorized system access

• Interfere with platform stability

• Use bots or malicious automation

• Scrape or copy system data

We may suspend accounts for violations.

10. Third-Party Services

Our services rely on third-party platforms including hosting providers, payment gateways, and social media APIs.

We are not responsible for:

• Service outages

• API changes or removals

• Account bans on third-party platforms

• Policy changes by external providers

11. Data & Privacy

We process personal information in accordance with applicable laws including POPIA and GDPR where applicable.

See our Privacy Policy for full details on data handling.

12. Data Retention

We retain data only as long as necessary to:

• Provide services

• Comply with legal obligations

• Prevent fraud

• Resolve disputes

Some data may remain in backups after deletion.

13. Security

We implement reasonable security measures including:

• Encryption

• Access controls

• Monitoring systems

• Secure hosting environments

However, no system is 100% secure.

14. Service Availability

Services are provided "as is" and "as available".

We do not guarantee:

• Continuous uptime

• Error-free performance

• Specific business results (followers, sales, engagement)

15. Suspension & Termination

We may suspend or terminate access if:

• Terms are violated

• Payments are overdue

• Security risks are detected

• Required by law or platform providers

Clients may also terminate services with written notice.

Outstanding payments remain due.

16. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for:

• Loss of revenue or profits

• Data loss or corruption

• Business interruption

• Third-party platform issues

• Indirect or consequential damages

Our total liability is limited to fees paid in the last 3 months.

17. Indemnity

You agree to indemnify and hold harmless 6Foot5 Media from any claims arising from:

• Your content

• Misuse of services

• Breach of these Terms

• Violation of third-party platform rules

18. Confidentiality

Both parties agree to keep confidential information private, including technical systems, pricing, and internal documentation.

19. Force Majeure

We are not liable for delays caused by events beyond our control including outages, disasters, cyberattacks, or government actions.

20. Amendments

We may update these Terms at any time. Continued use of services means acceptance of updated Terms.

21. Governing Law

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

22. Dispute Resolution

Disputes will first be resolved through good-faith negotiation.

If unresolved, disputes may be referred to arbitration in South Africa.

23. Entire Agreement

These Terms, together with any signed agreements or quotations, represent the full agreement between the parties.

24. Contact Information

6Foot5 Media (Pty) Ltd
Cape Town, South Africa

Email: info@6foot5media.co.za