These website terms of use below regulate the relationship between us and each user of (or visitor to) the Hypernova Media. In addition, we have Terms of Service relating to the services that we provide to clients.


The information contained in this website has been prepared by us and:

  1. is based on our interpretation of current principles of law, which may be subject to change occasioned by future legislative enactments and court decisions,
  2. is intended for general information purposes only, and
  3. should in no way be construed as legal or other professional advice.

It has been prepared as a summary and opinion on general principles of law and is published for general information purposes only. All interpretations and recommendations provided by us should be reviewed by your attorney. Do not make any business decisions on the basis of this information without consulting your attorney who can analyse your precise requirements.


All material found on this website, unless otherwise noted, is owned by us. The user is not permitted to copy, reproduce, or use any such material without our prior written consent.


We are not responsible or liable for any loss or damage relating to the website, the personal information of any user or material and information transmitted over our system. Whilst every reasonable care has been taken in writing and compiling the website, we accept no responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained in the website.


We reserve the right to amend these terms. The user acknowledges that by visiting the website from time to time, the user will become bound to the current version of these terms and, unless stated in the current version, all previous versions will be superseded by the current version. You are responsible for reviewing the then current version on each visit to the website.


These terms will in all respects be governed and construed in accordance with the laws of South Africa. The user submits to the non-exclusive jurisdiction of the Courts of South Africa.


Failure or neglect by us to enforce at any time these terms, will not be construed as a waiver of its rights, nor will such failure or neglect in anyway effect the validity or the whole or any part of these terms, nor prejudice our rights to take subsequent action.


These terms constitute the entire agreement between the parties in respect of this subject matter.


Any questions or concerns arising from these terms, the website or any personal information should be addressed to info (AT) hypernovamedia.co.za.

Doc No.: TERMS OF USE 001
Rev. No.: 001
Rev. Date: 10/11/2021



HypernovaMedia.co.za is a digital marketing and advertising company based in South Africa.


These terms of service apply to any instruction you give us as our client and to the services we provide to you. We may add to or change these terms in a written estimate, quote, proposal, engagement letter, form or invoice, even if it does not mention these terms. Any change must be in writing and signed by us or be posted on our website to be effective. You accept the latest version of these terms of service by instructing us or receiving services from us.


If you are a company, partnership, trust, association or other legal entity, we may take instructions from any officer, owner or senior manager unless you write to tell us who to take instructions from.


We send invoices electronically after we have added value to you. In the case of deliverables, this will be when we send you the first draft. Our invoices are due for payment within seven days of presentation. We may charge interest at 2% above prime compounded monthly in arrears on invoices that are unpaid for more than 30 days. Please pay directly into our bank account shown on each invoice. We may agree otherwise for specific matters.


You must give us with complete and accurate information on time where we have asked for it. We are not responsible for the consequences of any delay or your failure to do this or carry out any other obligation, and we may charge extra fees as a result.


We will provide our services with reasonable skill and care and without undue delay according to the professional standards expected of us. Our advice will reflect the law as it applies in South Africa at the time. If you request brief or urgent advice, you will not necessarily receive all the information you would have received otherwise.


We cannot guarantee that our opinion / advise or suggestion will always be confirmed as correct. But we do undertake to act according to the professional standard expected of us in giving the opinion.


Our advice is provided for your sole use and only you may rely on it. Any advice is based on the information you give us and assumes we have all relevant information. We are not liable for any damages suffered because you fail to inform us fully or accurately. Our advice is provided in context based on your facts and circumstances. You are responsible for all management decisions taken in response to our services.


We retain all copyright and other intellectual property rights in all know-how, working materials, document and other work we create in providing services to you. We grant you a non-exclusive, non-transferable licence to use these works solely for the purpose for which you instructed us in exchange for you paying our fee. We may retain and use any advice or opinion obtained while providing the services, subject to removing information that could identify you.


The Financial Intelligence Centre Act (FICA) compels us to compile profiles of our clients. We may ask you to provide copies of documents such as passports and proof of residence. We are obliged and entitled to keep affairs of our clients confidential unless we know or reasonably suspect that our client is involved in money laundering. We may be prohibited from informing you that we have been legally compelled to make a disclosure under FICA.


We normally correspond with you by email unless you request us to use a different method. We take reasonable steps to ensure the integrity of our communications, but do not encrypt our electronic communications and cannot guarantee their security and confidentiality. We use anti-virus software but cannot guarantee that all communications are free of harmful code. If you are concerned about the integrity of electronic communications or wish to protect any documents we send, please discuss this with us and we will make appropriate arrangements.


You agree that we can refer to the fact that we rendered services to you and describe the general nature of the services in our promotional material.


Our liability to you in respect of any loss or damage suffered by you arising from the services (whether under contract, delict, tort, strict liability or otherwise, and whether the services have ended or not):

  • excludes responsibility for any consequential, exemplary, indirect, incidental, punitive, pure economic or special loss or damage of any kind and however caused, and
  • is limited to the total amount of the fees paid by you in connection with the services rendered in any particular instruction in respect of direct losses only.


If any third party claims against us for any loss or damage that follows from any of our services to you, whatever the cause, you indemnify us against that claim unless we accept or it is finally determined that the loss or damage was caused by fraud or deliberate misconduct by us or any of our employees or agents.


If you want us to stop acting for you, you may write to us to end our mandate at any time. We may stop acting for you on reasonable notice if we have good reason to do so (for example if we become aware of a conflict of interest or you do not pay an invoice from us). We will invoice you for our fees and expenses up to the end of our mandate.


South African law governs these terms and services.


Any claim that cannot be resolved by negotiation and mediation must be formally made by arbitration proceedings within two years of the claimant becoming aware (or being in a position to become aware) of facts that give rise to the claim. In any event, this cannot be later than three years after any alleged breach of contract, delict or other act or omission giving rise to a cause of action. This overrides any statutory provision that would otherwise apply.


We may always change these terms of service. If this affects your rights or obligations we will place a prominent notice on this website or send you an email. If you do not agree with any change you may not instruct us again or use this website. If you instruct us or to use this website after notice of a change, the new terms apply to you.

Rev. No.: 001
Rev. Date: 10/11/2021