Terms and Conditions

PHOTOGRAPH DIGITISATION, VHS-TO-DIGITAL CONVERSION AND OTHER SERVICES

Effective Date: 11 August 2026
Business Name: Forever Memories
Registration Number: Sole Trader
Physical Address: 15 Carroll Avenue, Olivedale, Randburg
Email: info@forevermemories.co.za
Telephone: 082 856 4976
Website: www.forevermemories.co.za

  1. INTRODUCTION

1.1 These Terms and Conditions (“Terms”) govern the use of the website operated by Forever Memories (“we”, “us”, “our” or “the Company”) and the purchase of our photograph digitisation, VHS/video conversion and related digital media services.

1.2 By placing an order through our website, you (“the Customer”, “you” or “your”) acknowledge that you have read, understood and agreed to these Terms.

1.3 These Terms apply to all orders placed through our website, including orders for:

  • Photograph scanning and digitisation;
  • Photograph restoration and enhancement;
  • VHS-to-digital conversion;
  • VHS-C, Video8, Hi8 and other supported analogue video conversion;
  • Audio/video transfer services;
  • Digital file preparation;
  • USB or other physical digital media;
  • Downloadable digital files;
  • Delivery and collection services; and
  • Any additional services offered by us from time to time.

1.4 Nothing in these Terms is intended to limit or exclude any right or remedy that the Customer may have under applicable South African law where such limitation or exclusion is prohibited.

  1. DEFINITIONS

For purposes of these Terms:

“Customer Content” means photographs, negatives, slides, videotapes, audio recordings, films, documents or other physical or digital material supplied by the Customer.

“Digital Files” means files produced as a result of the Services, including JPEG, TIFF, MP4, MOV or other applicable formats.

“Original Media” means the physical photographs, tapes, negatives, slides, films or other material supplied by the Customer.

“Order” means a request submitted by the Customer for Services through the Website.

“Services” means the digitisation, conversion, restoration, copying, storage, delivery and related services provided by the Company.

“Website” means [Insert Website Address].

  1. ACCEPTANCE OF ORDERS

3.1 An Order submitted through the Website constitutes an offer by the Customer to purchase the selected Services.

3.2 An Order will only be accepted once:

  • payment or the required deposit has been received;
  • the Customer’s material has been received where applicable; and
  • we have confirmed acceptance of the Order.

3.3 We reserve the right to refuse an Order where:

  • the requested material is unsupported;
  • the material is damaged beyond reasonable processing;
  • the requested service is unavailable;
  • the Customer has provided incomplete or inaccurate information;
  • the Order presents an unreasonable technical or legal risk; or
  • the Order otherwise cannot reasonably be fulfilled.

3.4 If we cannot fulfil an Order after payment has been received, we will provide the applicable refund in accordance with these Terms and applicable law.

  1. OUR SERVICES

4.1 We will provide the Services substantially as described on the Website and selected by the Customer at the time of ordering.

4.2 Digitisation involves transferring analogue or photographic material into a digital format. Digitisation does not necessarily restore the original material to its original condition.

4.3 Where restoration, colour correction, cropping, dust removal, noise reduction or other enhancement is selected, the result will depend on the condition and quality of the Original Media.

4.4 We do not guarantee that damaged, faded, mould-affected, distorted or otherwise degraded media will produce a perfect digital reproduction.

4.5 Where a tape or photograph cannot reasonably be digitised, we will notify the Customer and, where appropriate, offer an alternative service or refund.

  1. PHOTOGRAPH DIGITISATION

5.1 Photographs will be scanned according to the resolution and service level selected by the Customer.

5.2 The quality of the resulting Digital Files depends on factors including:

  • the original photograph’s condition;
  • age;
  • fading;
  • scratches;
  • stains;
  • creases;
  • exposure;
  • resolution;
  • colour deterioration; and
  • the quality of the original photographic process.

5.3 We will take reasonable care when handling photographs but cannot guarantee that every imperfection in an Original Media item can be removed digitally.

5.4 Unless specifically agreed otherwise, we are not responsible for identifying people, dates, locations or other information contained in photographs.

  1. VHS AND VIDEO CONVERSION

6.1 We convert supported video formats into the digital format specified on the Website.

6.2 The Customer acknowledges that VHS and other analogue tapes deteriorate over time and may contain:

  • picture distortion;
  • tracking errors;
  • colour loss;
  • audio degradation;
  • dropouts;
  • static;
  • damaged tape;
  • mould;
  • broken tape;
  • stretched tape; or
  • other defects.

6.3 We will make reasonable efforts to obtain the best possible digital reproduction from the Original Media.

6.4 We do not guarantee that a tape will produce a complete or uninterrupted digital recording.

6.5 If a tape is damaged or defective, additional repair or handling may be required. Where additional charges apply, we will obtain the Customer’s approval where reasonably practicable before proceeding.

6.6 We may decline to process tapes that present a significant risk of damage to our equipment.

  1. CUSTOMER’S ORIGINAL MEDIA

7.1 The Customer remains the owner of the Original Media supplied to us.

7.2 We will take reasonable care of Customer property while it is in our possession.

7.3 The Customer is responsible for ensuring that the material supplied is properly packaged when delivered or posted to us.

7.4 We are not responsible for damage caused by inadequate packaging before the material reaches our premises.

7.5 The Customer should retain copies or backups of any material before sending it to us where possible.

7.6 Unless otherwise agreed, Original Media will be returned to the Customer after completion of the Order.

  1. LOSS OR DAMAGE TO ORIGINAL MEDIA

8.1 We will exercise reasonable care in handling Original Media.

8.2 However, the Customer acknowledges that old photographs, tapes, negatives and other media can be fragile and may deteriorate or fail during normal handling.

8.3 Where an Original Media item is already damaged, degraded, brittle, mouldy or otherwise unstable, we cannot guarantee that it will survive processing.

8.4 Where permitted by applicable law, our liability for loss of or damage to Original Media will be limited to the remedies available under these Terms and applicable law, taking into account the nature and condition of the Original Media.

8.5 The Company will not be liable for pre-existing damage, deterioration, defects or inherent weaknesses in Customer Media.

8.6 Customers should not submit irreplaceable originals without retaining a backup where one is reasonably possible.

  1. CUSTOMER CONTENT AND COPYRIGHT

9.1 The Customer warrants that they have the necessary rights, permissions and authority to provide the Customer Content to us for digitisation and conversion.

9.2 The Customer retains ownership of their photographs, recordings, videos and other Customer Content.

9.3 We do not acquire ownership of Customer Content merely by providing the Services.

9.4 The Customer grants us a limited, non-exclusive right to access, copy and process Customer Content solely to the extent reasonably necessary to provide the Services.

9.5 The Customer indemnifies us, to the extent permitted by law, against claims arising from the Customer’s failure to obtain the necessary rights or permissions to provide the Customer Content to us.

9.6 We will not knowingly use Customer Content for advertising, publication or commercial purposes without the Customer’s consent, except where required by law.

  1. PROHIBITED CONTENT

10.1 The Customer may not submit material that is unlawful or that we reasonably believe may expose us to legal liability.

10.2 We reserve the right to refuse to process material where we reasonably suspect that it:

  • contains unlawful content;
  • infringes another person’s intellectual property rights;
  • constitutes any pornography or exploitation;
  • contains child sexual abuse material;
  • facilitates criminal activity; or
  • otherwise creates a legal or safety risk.

10.3 Where required by law, we may report unlawful material to the appropriate authorities.

  1. DIGITAL FILES

11.1 Digital Files will be supplied in the format specified at the time of purchase or otherwise reasonably selected by us for the Service.

11.2 The Customer is responsible for downloading and safely storing Digital Files once they have been delivered.

11.3 Unless expressly stated otherwise, we do not provide permanent archival storage.

11.4 Customers should maintain at least one independent backup of all Digital Files.

11.5 Digital Files may be provided by:

  • secure download link;
  • cloud transfer;
  • USB drive;
  • external storage device; or
  • another method specified on the Website.
  1. DIGITAL FILE RETENTION

12.1 Unless otherwise stated, completed Digital Files may be retained by us for a limited period after completion of the Order.

12.2 Our standard retention period is 14 days from completion of the Order.

12.3 After the retention period has expired, we may permanently delete the Digital Files.

12.4 Customers are responsible for downloading and backing up their Digital Files before the applicable retention period expires.

12.5 We are not responsible for loss of files resulting from failure by the Customer to download or back up Digital Files within the applicable retention period.

  1. TURNAROUND TIMES

13.1 Estimated turnaround times are stated on the Website or communicated to the Customer when an Order is placed.

13.2 Turnaround times are estimates unless expressly agreed in writing as guaranteed delivery dates.

13.3 Turnaround times may be affected by:

  • the volume of the Order;
  • condition of the Original Media;
  • equipment failure;
  • media repair requirements;
  • additional restoration work;
  • courier delays;
  • public holidays;
  • power outages;
  • internet or cloud-service interruptions;
  • circumstances beyond our reasonable control; or
  • other unforeseen circumstances.

13.4 Where a significant delay occurs, we will make reasonable efforts to notify the Customer.

  1. PRICING

14.1 Prices displayed on the Website are subject to change without notice, but changes will not affect an Order already accepted by us.

14.2 Prices may be calculated based on:

  • number of photographs;
  • number of tapes;
  • tape duration;
  • selected resolution;
  • restoration requirements;
  • digital format;
  • storage media;
  • delivery method; or
  • other services selected by the Customer.

14.3 Additional charges may apply where the actual requirements differ materially from the information supplied by the Customer.

14.4 Where reasonably practicable, we will notify the Customer before undertaking work that will result in additional charges.

  1. PAYMENT

15.1 Payment must be made using one of the payment methods made available through the Website.

15.2 An Order will generally only be processed after payment has been successfully received.

15.3 We may suspend processing where payment is reversed, declined, disputed or otherwise not received.

15.4 All prices are stated in South African Rand (ZAR), unless otherwise specified.

15.5 Where applicable, prices include VAT. If VAT is applicable and not included in the displayed price, this will be clearly indicated.

  1. DELIVERY AND COLLECTION

16.1 Where physical delivery is selected, the Customer must provide an accurate delivery address and contact details.

16.2 Delivery fees will be displayed at checkout or otherwise communicated to the Customer.

16.3 We are not responsible for delays caused by incorrect or incomplete delivery information supplied by the Customer.

16.4 Risk associated with physical goods passes in accordance with applicable South African law.

16.5 Customers may be required to provide identification when collecting Original Media or completed Orders.

  1. RETURNS, CANCELLATIONS AND REFUNDS

17.1 Cancellation and refund rights are subject to applicable South African consumer protection legislation, including the Consumer Protection Act 68 of 2008 (“CPA”).

17.2 Because our Services involve personalised work and the processing of Customer-supplied material, certain cancellation rights may be affected once work has commenced, to the extent permitted by law.

17.3 Where the Customer cancels an Order before processing has commenced, we will consider the cancellation in accordance with the CPA and our refund policy.

17.4 Where processing has already commenced, charges may apply for work already performed and reasonable costs incurred, subject to applicable law.

17.5 If the Services are defective or materially fail to conform to the agreed specifications, the Customer may have rights and remedies under the CPA.

17.6 Nothing in these Terms excludes or limits statutory rights that cannot lawfully be excluded.

  1. QUALITY ISSUES AND REWORK

18.1 If the Customer believes that Digital Files contain a technical defect attributable to our processing, the Customer must notify us within 7 days of receiving the Digital Files.

18.2 The Customer should provide details of the alleged defect and, where possible, examples or screenshots.

18.3 Where a defect is attributable to our processing, we will take reasonable steps to correct or reprocess the affected material.

18.4 We are not responsible for defects that originate from the Original Media itself.

  1. PERSONAL INFORMATION AND POPIA

19.1 We collect and process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable privacy legislation.

19.2 Personal information may include:

  • name;
  • contact details;
  • delivery address;
  • billing information;
  • payment information;
  • order history;
  • photographs;
  • video recordings; and
  • other information necessary to fulfil an Order.

19.3 We process personal information only for legitimate and lawful purposes, including:

  • processing Orders;
  • providing Services;
  • communicating with Customers;
  • processing payments;
  • arranging delivery;
  • customer support;
  • maintaining business records;
  • preventing fraud; and
  • complying with legal obligations.

19.4 Customer Content may contain personal information relating to the Customer or third parties. The Customer acknowledges that they are responsible for ensuring that they have the appropriate authority to provide such content to us for processing.

19.5 We will implement reasonable technical and organisational safeguards designed to protect personal information against unauthorised access, loss, misuse or disclosure.

19.6 Personal information will not be sold to third parties.

19.7 Where third-party service providers are used, we will take reasonable steps to ensure that personal information is handled appropriately and in accordance with applicable legal requirements.

19.8 Further information is contained in our Privacy Policy, available on this website.

  1. CONFIDENTIALITY

20.1 We will treat Customer Content as confidential and will not intentionally disclose it to third parties except where:

  • necessary to provide the Services;
  • authorised by the Customer;
  • required by law;
  • necessary to protect our legal rights; or
  • necessary to prevent fraud or unlawful activity.

20.2 Employees, contractors and service providers who have access to Customer Content will only be given access where reasonably necessary to perform their duties.

  1. WEBSITE USE

21.1 The Customer agrees to use the Website lawfully and responsibly.

21.2 The Customer may not:

  • interfere with the operation of the Website;
  • attempt unauthorised access to systems;
  • introduce malicious software;
  • use automated systems to abuse the Website;
  • submit fraudulent information; or
  • use the Website for unlawful purposes.

21.3 We may suspend or terminate access to the Website where we reasonably believe that these Terms have been breached.

  1. WEBSITE INFORMATION

22.1 We endeavour to ensure that information displayed on the Website is accurate and current.

22.2 However, typographical errors, pricing errors, technical errors or other inaccuracies may occasionally occur.

22.3 We reserve the right to correct errors and update Website information, subject to applicable law and the rights of Customers who have already placed accepted Orders.

  1. INTELLECTUAL PROPERTY

23.1 The Website, branding, logos, designs, text, graphics, software and other material provided by the Company remain the property of the Company or its licensors.

23.2 No intellectual property rights in the Website are transferred to the Customer.

23.3 The Customer may not reproduce, modify, distribute or commercially exploit Company intellectual property without our prior written permission.

  1. LIMITATION OF LIABILITY

24.1 Nothing in these Terms excludes liability that cannot lawfully be excluded under South African law.

24.2 Subject to applicable law, we will not be liable for indirect, incidental, special or consequential losses arising from the use of the Services.

24.3 We will not be liable for losses arising from:

  • defects inherent in Customer Content;
  • deterioration of old photographs or tapes;
  • pre-existing damage;
  • failure of Original Media during processing where such failure could not reasonably have been prevented;
  • Customer failure to maintain backups;
  • failure to download Digital Files within the applicable retention period;
  • incorrect information supplied by the Customer;
  • third-party courier delays;
  • events beyond our reasonable control; or
  • Customer misuse of Digital Files.

24.4 Nothing in this clause is intended to deprive a consumer of any remedy available under the CPA or other applicable law.

  1. INDEMNITY

25.1 To the extent permitted by law, the Customer agrees to indemnify and hold the Company harmless against claims, losses, damages and reasonable costs arising from:

  • unlawful Customer Content;
  • infringement of third-party intellectual property rights;
  • the Customer’s breach of these Terms;
  • fraudulent use of the Website or Services; or
  • the Customer’s failure to obtain necessary rights or permissions relating to Customer Content.

25.2 This clause does not apply to the extent that the claim arises from our own unlawful conduct, negligence or breach of applicable law.

  1. FORCE MAJEURE

26.1 We will not be liable for failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.

26.2 Such circumstances may include:

  • natural disasters;
  • fire;
  • flooding;
  • theft;
  • equipment failure;
  • prolonged power outages;
  • telecommunications failures;
  • internet failures;
  • cyber incidents;
  • strikes;
  • civil unrest;
  • government action;
  • pandemics;
  • supplier failures; or
  • other events beyond our reasonable control.

26.3 We will take reasonable steps to minimise the effect of such events.

  1. COMPLAINTS

27.1 Customers are encouraged to contact us first with any complaint or concern.

27.2 Complaints should be submitted to:

Email: feedback@forevermemories.co.za
Telephone: 082 856 4976
Address: 15 Carroll Avenue, Olivedale, Randburg

27.3 We will make reasonable efforts to investigate and resolve complaints promptly and fairly.

  1. CONSUMER PROTECTION

28.1 These Terms are intended to comply with applicable South African consumer protection legislation, including the Consumer Protection Act 68 of 2008.

28.2 Nothing in these Terms is intended to:

  • waive a consumer right that cannot lawfully be waived;
  • exclude liability where such exclusion is prohibited;
  • prevent a Customer from exercising a statutory remedy; or
  • constitute an unfair or unreasonable contractual term.
  1. ELECTRONIC COMMUNICATIONS

29.1 The Customer agrees that electronic communications may be used for Orders, confirmations, invoices, delivery notifications and customer support.

29.2 Electronic records may be retained as evidence of transactions and communications, subject to applicable law.

29.3 The Customer is responsible for ensuring that their email address and contact information remain accurate.

  1. CHANGES TO THESE TERMS

30.1 We may update these Terms from time to time.

30.2 The updated Terms will be published on the Website with the effective date.

30.3 Changes will not retrospectively alter the terms applicable to an Order that has already been accepted, except where required by law.

  1. GOVERNING LAW AND JURISDICTION

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

31.2 Subject to any mandatory consumer rights under applicable legislation, disputes arising from these Terms may be submitted to a competent court in South Africa.

31.3 Nothing in this clause prevents a Customer from exercising rights available to them under applicable consumer protection legislation.

 

  1. SEVERABILITY

32.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed to the extent necessary.

32.2 The remaining provisions will continue to operate to the fullest extent permitted by law.

  1. ENTIRE AGREEMENT

33.1 These Terms, together with the Website’s Privacy Policy, order confirmation, pricing information and any other documents expressly incorporated into the Order, constitute the agreement between the Customer and the Company in relation to the Services.

33.2 Any variation to an accepted Order must be agreed by the Company and the Customer where applicable.

  1. CONTACT DETAILS

For questions regarding these Terms, Orders or our Services:

Forever Memories
Registration Number: Sole Trader
Physical Address: 15 Carroll Avenue, Olivedale, Randburg
Email: info@forevermemories.co.za
Telephone: 082 856 4976
Website: www.forevermemories.co.za

Information Officer: nunben@forevermemories.co.za
Privacy/POPIA Email: info@forevermemories.co.za

Last Updated: 11 August 2026