DigiPages SA

This Online Advertising Service Agreement (the "Agreement') is a legal agreement between you ("Advertiser") and Digi Pages SA (Pty) Ltd. YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE YOU CAN PURCHASE AND START USING THE SERVICE. BY PURCHASING ADVERTISING SPACE ON Digi Pages SA (Pty) Ltd, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE AGREEING ON BEHALF OF ANOTHER PARTY, YOU REPRESENT AND CONFIRM THAT YOU HAVE AUTHORITY TO DO SO.

A) Definitions & Interpretation

Advert — any advertisement provided by, or Digi Pages SA (Pty) Ltd Listing created, by the Advertiser.
Advertising Fee — is the total Advertising Fee stipulated on the Advertising Order.
Advertising Materials — image, text, files or links for adverts provided by the Advertiser.
Advertising Order — the information and specification page for the purchasing of advertising space on the Website and App.
Agreement Period — as indicated on the Advertising Order, in which the Advert shall appear on the Website and App, as defined below. The Advertising Period will commence on the day the purchase is concluded.
Link — a link to Digi Pages SA (Pty) Ltd own Website.
Digi Pages SA (Pty) Ltd Listing — a Advertisement created for the Advertiser and hosted by DigiPages SA (Pty) Ltd on the Website and App.
Party or Parties — the entities executing the Agreement, this being the Advertiser or DigiPages SA (Pty) Ltd.
Policies — advertising specifications and advertising user aids made conspicuously available, including the DigiPages SA (Pty) Ltd General Terms & Conditions included in this Agreement, and community standards regarding obscenity or indecency.
Representative — as to a Party and/or its Affiliate(s), any director, owner, officer, employee, consultant, contractor, agent, and/or attorney.
Terms — these Terms & Conditions for Online Advertising.
Website — the website operated by Digi Pages SA (Pty) Ltd (www.digipages.co.za)

B) Advertising Services

Subject to the Terms and Conditions of the Agreement, Digi Pages SA (Pty) Ltd agrees to place the Advert as more fully described in the Advertising Order page. Advertiser authorises Digi Pages SA (Pty) Ltd to place its Advert on the Website. Unless otherwise agreed by Digi Pages SA (Pty) Ltd, the Advert may be modified by Digi Pages SA (Pty) Ltd without Advertiser's consent to comply with any Policies or other requirement of Digi Pages SA (Pty) Ltd. Digi Pages SA (Pty) Ltd shall have no liability as a result of any such decision.
Subject to scheduled maintenance, express restrictions on the Advertising Services and Advertising Materials, and any Force Majeure Event affecting the Digi Pages SA (Pty) Ltd or Digi Pages SA (Pty) Ltd's appointed hosting services provider, Digi Pages SA (Pty) Ltd will use reasonable endeavours to maintain the availability on the internet of: (i) the Website; (ii) the published advert during the relevant period, but Digi Pages SA (Pty) Ltd does not guarantee 24/7 availability.
Digi Pages SA (Pty) Ltd does not guarantee any amount of impressions, clicks, or any other form of measurable response, including but not limited to any generation of revenue, for the Advert on the Website.
Except as otherwise expressly stipulated in the Agreement, positioning of the Advert within the Website or on any Website page is at the sole discretion of Digi Pages SA (Pty) Ltd. Digi Pages SA (Pty) Ltd may carry any advertising on the Website that it so chooses including advertising by competitors of the Advertiser.

C) Advertising Materials & Restrictions

Advertising Materials shall not:
1. directly or indirectly breach any law, regulation or legally-binding code; infringe any person's copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other legal rights; and/or give rise to a cause of action against any person;
2. contain false and misleading advertising imaging, messaging, offers or promotions;
3. promote the use of illegal substances;
4. contain nudity, sex, pornography, adult-oriented content;
5. contain expletive or inappropriate language;
6. content that may be experienced as threatening, abusive, libellous, defamatory, racial, sexist, harassing, degrading, intimidating, hateful, invasive of privacy towards any individual or group of people;
7. contain or promote "spam", mail fraud, pyramid schemes, investment opportunities or advice which is not permitted under law, or any other fraudulent activities; (viii) content which generate an adverse emotional response from users (i.e., overly graphic medical conditions/images, images of distressed animals or humans); (ix) content that may cause annoyance, inconvenience or anxiety to any online user.
The Advertiser may periodically make changes to Advertising Material during the Agreement Period. Digi Pages SA (Pty) Ltd will charge the Advertiser additional fees for any changes that the Advertiser makes to the Advertising Material during the Agreement Period.

D) Proprietary Rights

The Advertiser hereby grants Digi Pages SA (Pty) Ltd a non-exclusive, worldwide, royalty free license to use the Advertising Material provided, including its trademarks and copyrights during the Agreement Period. Upon termination of the Agreement, DigiPages SA (Pty) Ltd agrees to remove the Advertising Materials provided from its Website and App within reasonable time.

E) Representations, Warranties & Indemnification

Advertiser represents and warrants that Advertiser holds all necessary rights, including but not limited to rights to all trademarks, logos, trade names, copyrights, pictures, graphics, or other intellectual property submitted for use in connection with the Advert, or has express permission to use such items and to permit the use of the Advertising Materials by Digi Pages SA (Pty) Ltd for the purpose of the Agreement; and that the use, reproduction, distribution, transmission or display of the Advert, any data regarding users, and any material to which users can link, or any products or services available to users, through the Advert will not:
1. violate the intellectual property rights of any third party;
2. violate any criminal laws or any rights of any third parties; or
3. contain any material that is unlawful or otherwise objectionable, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
Advertiser further represents and warrants that the Advert:
1. comply with all laws and regulations in any state or country where the Ad is displayed;
2. do not breach and have not breached any duty toward or rights of any person or entity, including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories;
3. are not false, misleading, defamatory, libellous, slanderous or threatening;
4. will not contain any content of an adult or obscene nature.
Advertiser further represents and warrants that it will not, nor will it allow anyone working for it to:
1. engage or cause others to engage in any form of spamming or improper or malicious, as determined by Digi Pages SA (Pty) Ltd, clicking, impression or marketing activities;
2. access the Website for any purpose other than to view the Advert or conduct valid business with Digi Pages SA (Pty) Ltd;
3. interfere or attempt to interfere with the proper working of the Website;
4. use any data from the DigiPages SA (Pty) Ltd Website for external commercial purposes; or
5. represent that Digi Pages SA (Pty) Ltd endorses or promotes the Advertiser or its services or products without Digi Pages SA (Pty) Ltd's prior written permission.
Advertiser agrees to indemnify, defend and hold Digi Pages SA (Pty) Ltd harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable attorneys fees and expenses, arising out of or related to:
1. breach of any of the foregoing representations and warranties or other provisions of the Agreement, or
2. any third party claim arising from the use of or access to the Advert under the Agreement or any material to which users use, or any products or services made available to users, through the Advert under the Agreement.
Digi Pages SA (Pty) Ltd makes no warranties that the Advertising Materials contained on its Website will be free from errors or defects or that the use of Links or access to its Website will be uninterrupted.
DIGI PAGES SA (PTY) LTD SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. AS A CONDITION OF DIGI PAGES SA (PTY) LTD'S WILLINGNESS TO ENTER INTO THE AGREEMENT, ADVERTISER AGREES THAT IT HAS NOT RELIED UPON ANY SUCH WARRANTY AND ASSUMES ALL RISKS CONCERNING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISING..

F) Limitations of Liability & Force Majeure

In the event that Digi Pages SA (Pty) Ltd fails to publish the Advert in accordance with the terms of the Agreement, or in the event that Digi Pages SA (Pty) Ltd fails to deliver the full time period of the Ad as stipulated herein, or in the event of any other failure, technical or otherwise of such Advert to appear as provided in the Agreement, the sole liability of Digi Pages SA (Pty) Ltd and exclusive remedy of Advertiser shall be limited to placement of the Advert at a later time in a comparable position until the total Advertising Period is delivered. In no event shall Digi Pages SA (Pty) Ltd be liable for any act or omission, or any event directly or indirectly resulting from any act or omission, of third parties (if any).
IN NO EVENT SHALL DIGI PAGES SA (PTY) LTD BE LIABLE UNDER THE AGREEMENT FOR ANY LOST PROFITS, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF DIGI PAGES SA (PTY) LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOT-WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DIGI PAGES SA (PTY) LTD'S AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY DIGI PAGES SA (PTY) LTD FROM ADVERTISER FOR THE ADVERT GIVING RISE TO THE CLAIM.
Each Party acknowledges that the other Party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the Parties.
Without limiting the foregoing and except for payment obligations, neither Party shall have any liability for any failure or delay in performance resulting from any condition beyond the reasonable control of such Party, including but not limited to governmental actions or acts of terrorism, natural disaster, labour conditions, utility outages or interruptions and periodic interruptions of internet service and system transmission.

G) Payments

In consideration for the placement of the Advert on the Website by Digi Pages SA (Pty) Ltd as stipulated herein, the Advertiser shall pay to Digi Pages SA (Pty) Ltd at the time of execution of the Agreement the Advertising Fee stipulated in the Advertising Order. All payment amounts in the Agreement shall be in ZAR Rand, are exclusive of VAT and will be billed on the 25th of every month, client to sign 6-month contract to secure the advertising slot.
Digi Pages SA (Pty) Ltd will have no obligation to place the Advert on the Website until payment of the Advertising Fee and any other payment provided for herein is received as stipulated herein.

H) Website & Advertising Order Modifications

Digi Pages SA (Pty) Ltd reserves the right, at its sole and absolute discretion, to modify any Advertising Order, and any of its menus, page structures, buttons, logos or text specifications of the Website as Digi Pages SA (Pty) Ltd deems necessary for any reason.

I) Termination; Removal of Advertising Materials

The Agreement shall terminate at the end of the Advertising Period unless otherwise extended in writing by the mutual agreement of the Parties hereto.
By Advertiser - The Advertiser may terminate the Agreement, with or without cause, by a 2 month written notice to Digi Pages SA (Pty) Ltd of its intent to terminate. If Advertiser so elects to terminate the Agreement, Digi Pages SA (Pty) Ltd shall remove the Advert from the Website as soon as reasonably practicable but shall have no obligation to refund any portion of the Advertising Fee. Digi Pages SA (Pty) Ltd reserves the right to, and at its sole and absolute discretion may, at any time reject, modify, or remove the Advert for any reason.
By DigiPages SA (Pty) Ltd. -
1. In the event that Digi Pages SA (Pty) Ltd, in its sole and absolute discretion, deems that any Advertising Materials, that may or may not have been previously accepted, acknowledged or published, in breach of the Terms, inappropriate, unacceptable or may tend to bring disparagement, ridicule, or scorn upon Digi Pages SA (Pty) Ltd or any of its Representatives, Digi Pages SA (Pty) Ltd may, at its sole and absolute discretion, determine to either:
2. Digi Pages SA (Pty) Ltd may terminate the Agreement without cause upon three (3) business days written notice to the Advertiser. In the event that Digi Pages SA (Pty) Ltd terminates the Agreement without cause, Digi Pages SA (Pty) Ltd shall refund the Advertising Fee on a prorated basis.

J) General Provisions

Notices.All notices required or permitted by the Agreement shall be in writing and shall be sent to the e-mail address of the Party stipulated below. Notices shall be deemed received when verified by automated receipt or electronic logs if sent by e-mail. Inability to deliver because of change of address of which no notice was given shall be deemed to be received as of the date such notice was sent.

If to DigiPages SA (Pty) Ltd: admin@digipages.co.za
If to Advertiser: The current e-mail address of Advertiser set out in the Advertiser’s DigiPages SA (Pty) Ltd Member Account

Assignment. The Advertiser shall not re-sell, assign or otherwise transfer all or any part its rights or obligations hereunder without the prior written consent of Digi Pages SA (Pty) Ltd. Any attempt to re-sell, assign or transfer such rights or obligations without Digi Pages SA (Pty) Ltd’s prior written approval will be null and void.
Entire Agreement. The Agreement shall constitute the entire understanding and agreement between the Parties and no variance, modification, waiver or amendment thereof shall be valid and enforceable, except by agreement in writing, executed and approved in the same manner as the Agreement. It supersedes and replaces all previous discussions, and understandings between the Parties.
Governing Law & Venue. This Agreement shall be interpreted under the laws of the Republic of South Africa. Any and all legal actions relative hereto shall be in the courts of Limpopo and the Parties hereby consent to the jurisdiction of the courts located within Limpopo and hereby waive any right they may have to transfer or change the venue of any and all legal actions brought by one Party against the other in accordance with this paragraph.
Nature of Relationship. The Parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the Parties, or as authorising either Party to act as the agent of the other. Nothing in this Agreement shall create any obligation between either Party and a third party.
Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Changes to Agreement. Digi Pages SA (Pty) Ltd may make changes to this Agreement from time to time. When these changes are made, Digi Pages SA (Pty) Ltd will notify the Advertiser of such changes and make the new version of the Agreement available. The Advertiser understands and agrees that if the Advertiser uses or enjoys the benefits of the Advertising Service at any time seven (7) or more days after the date on which Digi Pages SA (Pty) Ltd has made the new terms available to the Advertiser, such use or enjoyment of the benefits shall be deemed acceptance of the updated Agreement. If the Advertiser does not agree to such new terms, it must terminate this Agreement by written notice to Digi Pages SA (Pty) Ltd.
Authority. Each of the Parties hereto represents to the other that such Party has full power and authority to execute, deliver and perform the Agreement, and that the individuals executing the Agreement on behalf of the Party represent and warrant that they are fully empowered and authorised to do so and to bind the Party on whose behalf they are executing the Agreement.
Construction. Throughout the Agreement, the singular shall include the plural and the plural shall include the singular, all genders shall be deemed to include other genders, wherever the context so requires, and the terms “including,” “include” or derivatives thereof, unless otherwise specified, shall be interpreted in as broad a sense as possible to mean “including, but not limited to,” or “including, by way of example and not limitation.”
Waiver. The waiver of or failure to enforce any term or condition of the Agreement shall not be effective unless it is in writing and executed by the Party sought to be charged with the waiver or failure and shall not be construed as a waiver of any other term or condition.
Severability. If any provision of the Agreement proves to be illegal, invalid or unenforceable, the remainder of the Agreement will not be affected by such finding, and in lieu of each provision of the Agreement that is illegal, invalid or unenforceable, a provision will be added as a part of the Agreement as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

This page was last updated on 2025-10-27.

For any questions please contact info@digipages.co.za.

Terms & Conditions