Last updated: 24 October 2026

1. Introduction

Welcome to Brainergy Marketing Solutions (BMS).

These Terms and Conditions govern your use of our website, www.brainergy.co.za, and the services we provide.

By accessing our website, submitting an enquiry, requesting a quotation or purchasing our services, you agree to these Terms and Conditions to the extent applicable to your interaction with us.

If you do not agree with these Terms and Conditions, please do not use our website or services.

2. About BMS

Brainergy Marketing Solutions provides business support, branding, marketing and digital solutions to entrepreneurs, startups and established businesses.

Our services may include:

• Website design, development and management.
• Website hosting and domain-related services.
• Branding and marketing support.
• Business registration and compliance assistance.
• Business planning and documentation.
• Tender administration and funding application support.
• Other business support services agreed upon with the client.

The availability and scope of individual services may change over time. Specific services, deliverables, fees and timelines will be communicated to clients before work begins.

3. Use of Our Website

You agree to use our website lawfully and responsibly.

You may not:

• Use our website for fraudulent, unlawful or misleading activities.
• Attempt to gain unauthorised access to our website, servers or systems.
• Interfere with the security, operation or functionality of our website.
• Upload malicious software or content intended to damage or disrupt our systems.
• Copy or reproduce our website content for commercial purposes without permission.

We reserve the right to restrict access to our website where reasonably necessary to protect our systems, users or business interests.

4. Enquiries and Quotations

Submitting an enquiry through our website, email or WhatsApp does not automatically create a contractual relationship or guarantee that we will accept the project.

Quotations are based on the information provided by the prospective client and may be revised if the scope of work, requirements or project circumstances change.

Unless otherwise stated, quotations are valid for the period indicated in the quotation. If no validity period is specified, BMS may confirm or revise the quotation before accepting the project.

Work will commence once the required acceptance, payment and project information have been received.

5. Pricing and Payments

All service fees, setup fees, subscriptions and other charges will be communicated to the client before the relevant service is purchased.

Depending on the service, payment arrangements may include:

• Once-off project fees.
• Deposits and milestone payments.
• Monthly subscription fees.
• Recurring hosting, domain or maintenance charges.
• Additional fees for work outside the agreed scope.

Unless otherwise agreed in writing, invoices must be paid by the due date stated on the invoice.

BMS may suspend work or restrict access to services where payments are overdue, subject to applicable contractual and legal requirements.

Where additional work is requested beyond the original scope, additional charges may apply. We will communicate the additional costs and obtain the client’s approval before proceeding.

Applicable taxes, including VAT where legally chargeable, will be reflected in the relevant quotation or invoice.

6. Website Design and Development

For website design and development projects, BMS will work towards delivering the agreed functionality, content structure and design within the approved scope.

The client is responsible for providing accurate business information, approved text, images, branding assets, access credentials and other materials reasonably required to complete the project.

Unless otherwise agreed, project timelines begin once the required information, approvals and payments have been received.

Delays caused by missing information, late feedback, changes in requirements or circumstances beyond our reasonable control may affect delivery dates.

Any material changes to the agreed scope may require additional fees or an adjusted timeline.

7. Website Subscription Plans

BMS may offer website design and management through monthly subscription plans.

Each subscription plan will have its own pricing, features, limitations and service conditions. The plan selected by the client, together with any applicable subscription agreement or order form, will govern the specific services provided.

Depending on the selected plan, services may include:

• Website design and hosting.
• Website maintenance and security updates.
• Content updates within the agreed plan limits.
• Technical support.
• Other features expressly included in the subscription.

Features not included in the selected plan may attract additional charges.

7.1 Subscription Period

The subscription period, minimum commitment, renewal arrangements and any applicable buy-out option will be communicated before the client subscribes.

Where a minimum commitment applies, the client will be informed of the applicable period and cancellation conditions before entering into the agreement.

7.2 Monthly Payments

Subscription fees are payable according to the agreed billing schedule.

Failure to pay may result in the suspension of website management, hosting or other subscription services, subject to the applicable agreement and reasonable notice where required.

7.3 Cancellation and Upgrades

Clients may request to cancel or upgrade their subscriptions in accordance with the terms of their selected plan.

Where a minimum commitment, notice period, outstanding balance or buy-out fee applies, these conditions will be communicated before the subscription is accepted.

Cancellation does not automatically entitle a client to a refund of fees already paid for services properly provided, except where required by law or expressly agreed otherwise.

7.4 Website Ownership and Buy-Out

Ownership and access rights relating to a website developed under a subscription depend on the applicable subscription agreement.

Where a buy-out option is offered, its price, payment requirements and the assets or rights transferred will be specified in the relevant agreement.

Until any agreed transfer or buy-out conditions have been fulfilled, BMS may retain rights over its own intellectual property, proprietary systems and any website assets that have not been transferred to the client.

Domain registrations, third-party licences, software subscriptions and other external services may be subject to separate terms and transfer conditions.

8. Domain Names, Hosting and Third-Party Services

Where included in the selected service, BMS may assist with domain registration, website hosting, email configuration and third-party software integrations.

Domain names remain subject to the applicable registrar’s policies and registration conditions. Clients are responsible for ensuring that registration information is accurate and for complying with applicable renewal requirements.

The party responsible for domain registration fees, renewals and ownership arrangements will be identified in the relevant service agreement.

Third-party services may experience downtime, technical failures, price changes or policy changes outside BMS’s control.

While we take reasonable steps to maintain reliable services, we cannot guarantee uninterrupted availability of third-party platforms or infrastructure.

9. Client Responsibilities

Clients agree to:

• Provide accurate and lawful information.
• Supply content and materials they have the right to use.
• Review and approve designs, content and project deliverables within reasonable timeframes.
• Keep relevant account credentials secure.
• Make payments when due.Comply with applicable laws and regulations.
• Respond to requests for information necessary to deliver the agreed service.

Clients remain responsible for the accuracy of their business information, published claims, product descriptions, pricing and other content supplied or approved by them.

BMS may decline to publish or work with content that is unlawful, deceptive, infringes third-party rights or creates an unreasonable legal or security risk.

10. Content and Intellectual Property

Unless otherwise agreed in writing, BMS retains ownership of its pre-existing materials, design resources, proprietary processes, software, templates and other intellectual property.

Ownership and usage rights for custom designs, website deliverables, copywriting, graphics and other project materials will depend on the relevant agreement and any applicable payment or transfer conditions.

Clients confirm that they own, or have permission to use, all materials they provide to BMS.

Clients grant BMS permission to use those materials as reasonably necessary to perform the agreed services.

Third-party fonts, plugins, stock images, software and other licensed materials remain subject to their respective licence terms and may not be freely transferable.

Neither party may use the other party’s trademarks, branding or confidential materials outside the agreed purpose without permission, except where permitted by law.

11. Branding, Marketing and Business Support

BMS may provide branding, marketing, business documentation, registration assistance, tender administration and funding application support.

Unless expressly agreed otherwise, BMS provides administrative and professional support based on the information and documents supplied by the client.

The client remains responsible for verifying the accuracy of information submitted in their name and for signing, approving or submitting documents where required.

BMS does not guarantee:

•  Business registration or regulatory approval.
• Tender qualification, award or contract appointment.
• Funding approval or grant awards.
• Sales, revenue, customer acquisition or marketing performance.
• Commercial success resulting from business plans, branding or marketing activities.

Decisions made by government departments, funders, procurement entities and other independent organisations remain outside BMS’s control.

Any specific deliverables, deadlines or obligations will be set out in the relevant quotation or service agreement.

12. Project Approvals and Revisions

Where a service includes design, website development or content creation, the client will be given reasonable opportunities to review the agreed deliverables.

The number of revisions included, where applicable, will be stated in the quotation, proposal or service package.

Requests that materially change previously approved work or exceed the included revision allowance may incur additional charges.

Once a client approves a deliverable, subsequent changes may be treated as additional work.

13. Confidentiality and Personal Information

BMS will take reasonable steps to protect confidential business information and personal information provided by clients.

Personal information will be collected and processed in accordance with applicable data protection legislation, including POPIA, and our Privacy Policy.

Clients must ensure that they have the necessary authority to provide personal information belonging to employees, customers, suppliers or other individuals.

Where required, additional confidentiality or data-processing arrangements may be agreed upon between BMS and the client.

14. Limitation of Liability

BMS will take reasonable care in providing its services. However, to the extent permitted by law, we do not guarantee that our website, hosting services, software integrations or other digital services will always be uninterrupted, error-free or compatible with every device or third-party system.

BMS will not be responsible for losses arising from circumstances beyond our reasonable control, including third-party service failures, unauthorised access caused by compromised client credentials, inaccurate information supplied by clients or decisions made by independent authorities.

Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by law, including liability that cannot lawfully be excluded under applicable South African consumer protection legislation.

Any limitation of liability in a separate client agreement must be interpreted subject to applicable law.

15. Suspension and Termination

BMS may suspend or terminate a service in accordance with the applicable agreement where a client materially breaches the agreement, fails to pay amounts due, uses the service unlawfully or creates a significant security risk.

Where appropriate, we will provide notice and a reasonable opportunity to remedy the breach before taking action.

Clients may terminate services in accordance with the cancellation terms applicable to their service or subscription.

Termination does not automatically cancel outstanding payment obligations or other provisions that are intended to remain in effect after termination.

Where a service ends, website access, hosting, content transfer and domain arrangements will be handled according to the applicable agreement.

16. Changes to These Terms

BMS may update these Terms and Conditions to reflect changes in our services, operations or legal obligations.

The latest version will be published on our website with the updated date.

Where a change materially affects an existing subscription or contractual arrangement, we will provide notice where required by the applicable agreement or law.

Changes to these website Terms and Conditions do not automatically override an existing signed agreement or applicable consumer rights.

17. Governing Law

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

Any dispute arising from the use of our website or services will be handled in accordance with applicable South African law and the dispute-resolution provisions of any relevant client agreement.

Nothing in these Terms and Conditions limits any rights a consumer may have under applicable legislation.

18. Contact Information

For questions about these Terms and Conditions, our services or a client agreement, please contact:

Brainergy Marketing Solutions

Email: info@brainergy.co.za
Website: https://brainergy.co.za

Please include your name, business name where applicable and a description of your enquiry so that we can direct it to the appropriate person.