Terms, Privacy & Cookie Policy

Terms & Conditions

1. Definitions and Interpretation

In this Agreement, unless clearly inconsistent with or otherwise indicated by the context:

• Any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons (corporate or unincorporated) and vice versa and any reference to a gender includes the other gender.
• Headings and the use of bold typeface are to be ignored.
• A reference to a recital, clause, sub-clause, paragraph, sub-paragraph, schedule or appendix is, unless indicated to the contrary, a reference to a recital, clause, sub-clause, paragraph, sub-paragraph, schedule or appendix of this Agreement.
• Where any term is defined within the context of any particular clause or sub-clause, the term so defined shall, unless it appears clearly from such clause or sub-clause that such term has limited application to the relevant clause or sub-clause only, bear the meaning ascribed to it for all purposes in terms of this Agreement.
• In the interpretation of this Agreement, the contra proferentum rule of interpretation shall not apply (this Agreement being the product of negotiations between the Parties), nor shall this Agreement be construed in favour of or against any Party by reason of the extent to which any Party or its professional advisors participated in the preparation of this Agreement.
• The use of the words "include", "including" and "in particular" in this Agreement followed by a specific example or examples shall not be construed or interpreted as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording and/or such specific example or examples and the words "other" or "otherwise" shall not be construed eiusdem generis with any preceding words where a wider construction is possible.
• "Agreement" means these Ts&Cs together with all written appendices, annexures, exhibits or amendments attached to it from time to time.
• "Client(s)" shall mean any natural person, juristic person including, without limitation, a company or firm entering into an Agreement.
• "Effective Date" means the date on which the Client signs this Agreement.
• "Supplier" is the person as indicated on the face of this Agreement.

2. Payment

• The payment for services rendered shall be both due and payable on first rendition of the Supplier's invoice. All fees are payable in advance.
• Any amounts due and payable by the Client to the Supplier may not be unilaterally withheld, discounted or set-off by the Client in any manner for any reason whatsoever, without the prior written consent of the Supplier.
• This contract can be cancelled by giving 3 (three) months' written notice.

3. Data Processing Consent

• The Supplier has been engaged or may possibly be engaged to supply goods or render services and therefore the Client hereby consents thereto that the Supplier collect, hold, organise, store, use, administer and process my/our personal information for this purpose.
• The personal information (the "information") in relation to this consent includes the Client's contact and invoicing details (including without limitation email addresses, phone numbers, physical, postal and website addresses, VAT and Tax Numbers), and verification of the Client's details which may include credit check(s) on the Client and its key decision-makers.
• The Client acknowledges that it has the right to: request a list of the names and addresses of any potential recipients of the information; to review and correct the information; and to request the return or destruction of the information once it is no longer required under the engagement with the Supplier or by law.
• The Supplier undertakes that all personal information will be held securely to the standard directed by the Protection of Personal Information Act 4 of 2013 as amended ("POPIA") and that the Company has bound its service providers ("Operators") to a similar standard as required and prescribed by POPIA.

4. Failure to Perform

• The Supplier will not be liable for any damages or losses incurred and is hereby indemnified by the Client against any claim as a result of the following, including without limitation: orders delayed or cancelled due to any legal consequence that occurs by the act of the law itself (or ipso jure); if the Client is in default of agreed payment terms; as a result of an act of God (or force majeure) or incidents such as, without limitation: lockouts, strikes, epidemics, war, terrorist attacks, commandeering of property, fire, flood or any other similar events or anything not caused by the Supplier's actions, the Supplier's negligence or is outside the Supplier's control but which results in a delay or cancellation; or in a total or partial shutdown of the Supplier or its suppliers.

5. Novation

No Party may cede any or all of that Party's rights or delegate any or all of that Party's obligations under this Agreement without the prior written consent of the other Party.

6. Severability

If any part of this Agreement is void, illegal, unenforceable, or in conflict with any law of the state or local Government over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.

7. Notices and Domicilium

Each Party chooses as its domicilium citandi et executandi their respective addresses set out in the face of this agreement for all purposes arising out of or in connection with this agreement, at which addresses all the processes and notices arising out of or in connection with this agreement, its breach or termination, may validly be served upon or delivered to the Parties.

8. Entire Agreement

• This agreement constitutes the entire agreement between the Parties.
• No Party shall have any claim or right of action arising from any undertaking, representation or warranty not included in this agreement.
• No contract varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, will be effective unless reduced to writing and signed by or on behalf of the Parties.

Privacy Statement

Your privacy is of utmost importance to us. Here is how we collect and use the personal information you provide us.

Information We Collect

This is the kind of information we gather from you:

• Personal information you provide when subscribing to any of our website services
• Personal details you provide when you register on our website
• Details of transactions carried out over this website

How We Use Your Information

• To administer this website
• To personalise the website for you
• To give you access to our website services
• To publish (with your express consent) information about you on our website
• To send you the products you purchased
• To supply the services you requested
• To send you statements and invoices
• To collect payments from you
• To send you relevant news about our products and services through our subscription services

Disclosure to Third Parties

We may disclose your personal information to third-party agents, sub-contractors and service providers. Whenever we do, we ensure that these third parties have adequate privacy policies to protect your information to the degree specified in terms of this privacy statement.

There could be times when we are obliged to disclose your personal information to the extent that it is required to do so by law or in connection with any legal proceedings or prospective legal proceedings and in order to establish, exercise or defend our legal rights.

Security

We take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Transmission of sensitive information across the internet is protected by SSL encryption technology.

Some of our third-party agents, sub-contractors and service providers have offices abroad. Information that we collect may be stored, processed and transferred between any of the countries in which these third parties operate.

Third-Party Websites

Our website may contain links to other websites. We are not responsible for the privacy policies, practices, viewpoints and/or content found or expressed on these linked websites.

Copyright & Claim of Authorship

Unless otherwise shown in the text, Baird Media (Pty) Ltd is identified as the author of all work published on this website and asserts all authorship rights permitted under law.

All rights are reserved. Except as permitted by legislation, no part of this work may be photographed, photocopied, printed, stored in a retrieval system, scraped as a screenshot, published, performed in public, adapted, broadcast, transmitted, recorded and/or reproduced in any form or by any means, without the prior permission of the copyright owners.

Cookie Policy

This website uses cookies and similar technologies (including tracking pixels and web beacons) to analyse site traffic, improve your experience, and manage consents in accordance with applicable data protection legislation.

What Are Cookies

Cookies are small text files placed on your device when you visit a website. They allow the site to recognise your browser and remember certain information about your visit — such as your cookie consent preferences.

How We Use Cookies

• Essential cookies — required for the site to function correctly, including storing your cookie consent preference
• Analytics cookies — used to understand how visitors interact with the site (Google Analytics)

Your Consent

When you first visit baird.media, a cookie consent banner will appear. You may accept or decline non-essential cookies. Your preference is stored in your browser's local storage and the banner will not reappear on subsequent visits.

You may withdraw your consent at any time by clearing your browser's local storage or cookies for this domain.

Google Analytics

We use Google Analytics (GA4) to collect anonymised data about how visitors use this site. This data includes pages visited, time on site, and general location data. No personally identifiable information is collected through Analytics. For more information on how Google processes this data, see Google's Privacy Policy.

Legal Basis (GDPR)

The legal basis for the processing of personal data in connection with cookies and similar technologies is Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents. The provision of personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide personal data. If you do not provide it, we will not be able to manage your consents.

Enquiries

If you have any questions about our terms and conditions, privacy statement, copyright matters, or cookie policy, please contact us directly.