Terms and Conditions
Welcome to The Marketing Specialists ("we,” "us,” or "our”). These Terms and Conditions ("Terms”) govern your use of our website, your relationship with us as a client, and all digital marketing services and products we provide (collectively, "Services”). By using our website or engaging with us for Services, you accept and agree to abide by these Terms. If you do not agree, please do not use our website or services.
1. Service Overview
We are a full-service digital marketing agency. Our offerings include, but are not limited to:
- Search Engine Optimisation (SEO)
- Pay-Per-Click (PPC) Advertising
- Social Media Marketing and Management
- Content Creation (writing, video, design)
- Website and E-commerce Development
- Email Marketing and Automation
- Analytics and Reporting
- Brand and Reputation Management
- Consultancy and Training
We reserve the right to add, change, or discontinue any services at our sole discretion, with or without notice.
2. Engagement and Client Responsibilities
2.1. Onboarding & Information
Clients are required to complete our onboarding process, which may include providing business details, goals, access to necessary platforms (e.g. website, Google Analytics, social media), and relevant brand assets (logos, images, content).
2.2. Access and Approvals
You must grant us timely access to all systems, platforms, and resources necessary to perform our work. Delays in providing access or approvals may impact delivery timelines.
2.3. Accuracy of Information
You are responsible for ensuring that all information provided to us is accurate, up-to-date, and lawful. We are not responsible for errors or delays resulting from incomplete or incorrect client data.
3. Fees, Invoicing, and Payment
3.1. Fee Structure
- All service fees are clearly stated on our website or in your custom proposal.
- Monthly retainer fees are billed in advance.
- Once-off project or setup fees are due as outlined in the relevant quote.
3.2. Payment Methods
We accept payment by EFT, credit/debit card, PayFast, and approved purchase order. International clients may use Stripe or Wise.
3.3. Ad Spend and Third-Party Costs
Paid advertising budgets (Google Ads, Meta Ads, LinkedIn Ads, etc.) are billed directly by the platform. We do not mark up or handle these funds on your behalf.
3.4. Late Payments
Overdue invoices may result in paused or terminated services and may incur a late payment charge of 2% per month on outstanding balances.
3.5. Refunds and Cancellations
No refunds are issued for services rendered or for unused portions of monthly retainers. For prepaid services or projects cancelled before work commences, we may issue a partial refund minus administrative fees.
4. Service Terms & Deliverables
4.1. Timelines
We aim to commence work within 3-5 business days of onboarding completion and payment. Standard delivery times for deliverables will be communicated but may vary depending on project complexity and client responsiveness.
4.2. Revisions
Reasonable revisions are included as specified in your package. Excessive or out-of-scope changes may incur additional charges, which will be quoted in advance.
4.3. Ownership and Use of Deliverables
All original work created by us for you (websit's, copy, graphics, videos, etc.) becomes your property upon full payment, unless otherwise specified. We reserve the right to showcase anonymised examples of work in our portfolio.
4.4. Use of Third-Party Content
If you'request the use of third-party images, videos, or other assets, you are responsible for securing appropriate licenses. We can assist with sourcing royalty-free or licensed materials on request.
5. Term & Termination
5.1. Duration
Monthly packages operate on a month-to-month basis unless a different term is specified in writing. Projects with a fixed scope are governed by agreed timelines.
5.2. Notice
You may cancel monthly services at any time with 30 days' written notice. For project-based engagements, cancellation may result in charges for completed work and costs incurred up to date of cancellation.
5.3. Our Right to Terminate
We reserve the right to suspend or terminate services with immediate effect if you breach these Terms, fail to make timely payment, or use our services for unlawful activities.
6. Confidentiality & Data Security
6.1. Confidentiality
Both parties agree to treat all confidential information, business plans, strategies, and proprietary data shared during the engagement as confidential and not disclose it to any third party without prior written consent.
6.2. Data Security
We implement reasonable measures to protect your data and accounts. However, we cannot be held liable for breaches arising from vulnerabilities in third-party platforms, force majeure, or events beyond our control.
7. Limitation of Liability
We strive to deliver all services with skill and care, but do not guarantee specific business results (such as rankings, sales, or profits) as these depend on many external factors beyond our control. To the maximum extent allowed by law, our total liability for any claim arising out of our services will not exceed the fees you paid us in the preceding three months.
We are not liable for indirect, incidental, special, or consequential damages including, but not limited to, loss of revenue, data, profits, or opportunities.
8. Indemnity
You agree to indemnify and hold us harmless against any loss, liability, claim, or expense (including reasonable legal fees) arising from your violation of these Terms, your use of our services, or your breach of any applicable law.
9. Intellectual Property
Unless explicitly agreed in writing, all proprietary tools, templates, processes, and methods we use in delivering services remain our intellectual property, even when used on your behalf. You may not reverse engineer, copy, or distribute our processes without consent.
10. Marketing & Testimonials
By working with us, you grant us the right to use your business name and anonymised project results in our client list and marketing materials, unless you specifically request otherwise in writing.
11. Changes to Terms
We may update these Terms and Conditions at any time. The latest version will always be posted on our website. Your continued use of our services after changes means you accept the updated Terms.
12. Governing Law
These Terms and any dispute arising from them are governed by the laws of the Republic of South Africa. Any dispute will be subject to the exclusive jurisdiction of the courts of South Africa.
13. Contact Information
For questions, support, or concerns about these Terms, please contact us at:
The Marketing Specialists
Email: hello@themarketingagents.co.za
Phone: +27 11 669 5165