Elzanne Botha (Pty) Ltd t/a Elzanne Botha Design and Digital Marketing
TERMS AND CONDITIONS OF SERVICE
The following Terms and Conditions of Service apply to all services provided by Elzanne Botha (Pty) Ltd (the “Service Provider”).
These Terms and Conditions supersede any previous versions. Elzanne Botha (Pty) Ltd reserves the right to change rates and any terms and conditions at any time without prior notice.
By contracting the services provided by Elzanne Botha (Pty) Ltd, the Client automatically agrees to these Terms and Conditions. A reference link to these terms is included in all quotations and invoices.
All work is carried out on the understanding that the Client has read and agrees to these Terms and Conditions.
Agreement Overview:
The agreement is between “The Client” and “Elzanne Botha (Pty) Ltd” (the “Service Provider”), located at 5 St. Croix Close, Anchorage Park, Gordon’s Bay, Western Cape, South Africa.
The Service Provider acts as an independent contractor to provide one or more of the following services as per the custom Client quotation:
1. SOCIAL MEDIA CONTENT PLANNING AND POST SCHEDULING SERVICES
1.1. Scope of Services:
The Service Provider shall provide social media content creation and post-scheduling services to the Client, based on the package option selected by the Client. The services include:
- One-month in advance social media post planning.
- Social media content creation, including post captions and corresponding images or graphics.
- Monthly social media calendar submission for review and approval by the Client.
- One-month in advance social media post scheduling.
- Monthly Insights Reporting.
1.2. Excluded Services:
The following services are explicitly excluded from this Agreement:
- Paid social media campaigns. (available at an additional fee)
- Social media management and online PR.
- Responding to comments and messages.
- Direct posting or re-sharing of posts to social media community groups.
- Re-sharing of tagged content and mentions.
- Content shooting (images and reels) and professional photography/videography. (available at an additional fee)
1.3. Posting and Reach:
Posts will be made weekly as per the package option selected by the Client.
These posts target the Client’s organic audience (i.e., those who like and follow the Client’s social media accounts).
The Service Provider cannot guarantee reach, sales resulting from posts, or new page likes or followers.
Additional paid campaigns can be added upon request to target a wider audience.
1.4. Client Responsibilities:
The Client is responsible for:
- Providing high-resolution product and lifestyle images, graphics, reels/videos, and other media and promotional material to use for future social media posts.
- Providing all relevant product and company information relevant to future social media posts.
- Providing planned events, sales/promotions, and specific post requests, including information and images, well in advance.
- Managing responses to messages and comments on their social media accounts.
- Re-sharing any content or direct posting to social media community groups.
- Providing the Service Provider with necessary account passwords and admin rights.
- Providing the Service Provider with their social media and online marketing plan and strategy from which to create the required content.
1.5. Monthly Insights Reporting:
The Service Provider will provide monthly insight reports for the Client to review social media interactions and post performance, enabling the Client to restructure their social media marketing plan and online marketing strategy, if necessary.
1.6. Social Media and Online Marketing Strategy:
The Service Provider will work according to the Client’s social media and online marketing strategy, as provided by the Client.
1.7. Termination:
Either party may terminate this Agreement by providing 30 days’ written notice, of which the final invoice will be billed on the 25th of the Notice Month.
1.8. Payment, Invoicing and Annual Increases:
Invoices are issued on the 25th of each month for services rendered, i.e. posts scheduled and published during that same month, of which the content was submitted on the 26th of the previous month for review and approval.
The Client does not pay in advance for the service.
Payment is due immediately upon receipt. Post scheduling and publishing for the upcoming month will be temporarily paused until payment is received, unless a suitable payment arrangement has been made by the client.
Late payments may incur a late fee of 1.5% interest per month on the outstanding balance until full payment is made.
Invoices for December will be issued earlier each year due to holiday closures and are payable by mid-month, unless otherwise stipulated. Failure to make payment on time will result in the pausing of content scheduling and publishing in January.
Monthly fees will increase by 10% (rounded up) annually, applicable from the 1st of January every year, and will be updated automatically.
1.9. Content Submission and Scheduling:
The Client will receive the planned content for the upcoming month on the 26th of every month and must review the new month’s content and submit any changes before the last day of the current month.
Content scheduling will occur on or before the 1st day of the new month, and all posts will be scheduled in advance.
Additional charges apply for last-minute changes after the review period, and/or for any additional posts required.
2. WEBSITE DESIGN SERVICES
2.1. Scope of Services:
Website design services are subject to a custom quotation.
The Service Provider will deliver a comprehensive website design service for the Client’s domain, including a WordPress CMS responsive website with the features, pages, and functionalities specified in the custom quotation.
The service does not include specialized web development or custom coding services, premium/licensed themes, plugins or software subscriptions, or technical/server-level support.
2.2. Service Timeline:
The service term will be defined based on the scope of work, with exact commencement dates confirmed by both parties.
2.3. Service Fee and Payment:
A 50% non-refundable deposit is required before design work begins, with the balance due within 7 days of the final invoice.
Additional requests outside the initial scope will incur additional charges.
Late payments may incur a late fee of 1.5% interest per month on the outstanding balance until full payment is made.
2.4. Minor Changes and Additional Fees:
Minor changes within a 14-day grace period after the website launch are included.
Changes beyond this or outside the agreed scope will incur additional fees.
2.5. Recurring and Annual Fees:
Some licensed premium plugins or software subscriptions may require annual renewal fees, payable directly by the Client.
2.6. Maintenance and Technical Support:
Website maintenance and technical support are not included in the service.
Basic maintenance services such as minor product updates, web copy/information updates, image updates, plugin updates, etc. can be requested on an ad-hoc basis at an hourly fee.
Major changes will be subject to a custom quotation.
Technical and server-level support may be requested and will be outsourced to a professional web development team by the Service Provider at direct cost to the Client.
2.7. Website Backups and Security:
The Client is responsible for ensuring their hosting company creates complete backups.
The Service Provider is not liable for website security breaches of any kind, or general website safety, including but not limited to brute force attacks, hacked user/customer accounts, hacked domains, or spam in the comments, on products, or via any contact forms.
The Service Provider is not liable for any plugin malfunctions or conflicts, online display issues, server or connection errors, or loss of any features or functionalities after the successful launch of the website.
Additional charges will apply in outsourcing any technical or developer support services.
2.8. SEO and Search Engine Ranking:
The Service Provider does not guarantee top search engine rankings.
It remains the Client’s responsibility to provide website copy in an SEO-friendly format and layout with keywords written into the headers and paragraphs.
The Service Provider only offers very basic on-page SEO including suitable keyphrases and meta descriptions based on the web copy and information provided by the Client.
Outsourced professional SEO services are recommended for guaranteed results.
2.9. Access and Content:
The Client must supply the necessary login credentials, control panel access, web admin/technical contact authorization with the hosting provider, all website content, copy, information, and images/graphics, ensuring adherence to SEO-friendly formats and copyright legislation.
2.10. Termination:
Either party may terminate this Agreement by providing written notice.
The Client is liable for payment of all services rendered up until the termination date, including the full fees of any licensed premium plugins and/or software subscriptions.
3. OTHER ONLINE AND DIGITAL MARKETING SERVICES
3.1. Scope of Services:
The Service Provider will provide digital/online marketing services, including but not limited to social media ad campaigns, Google My Business profile management, and Google Ads, as agreed upon by both parties.
3.2. Client Responsibilities:
The Client must provide full access to all necessary platforms and online accounts.
The Client is also responsible for all direct advertising costs through the payment methods on the advertising accounts.
3.3 No Guarantees:
The Service Provider does not guarantee specific outcomes related to reach, engagement, sales, or conversions.
3.4 Payment Terms:
A 50% non-refundable deposit is required before commencing services.
The remaining balance is due within seven days of the final invoice.
Late payments may incur a late fee of 1.5% interest per month on the outstanding balance until full payment is made.
4. GRAPHIC DESIGN SERVICES
4.1. Scope of Services:
Graphic design services include logo and branding design, print and digital media design, and packaging design, as agreed upon by both parties.
4.2. Revisions and Approval:
The Service Provider will provide up to three rounds of revisions per selected concept.
Additional revisions will be billed at an hourly rate.
4.3. Payment Terms:
A 50% non-refundable deposit is required before commencing services.
The remaining balance is due within seven days after final approval of the design work.
Late payments may incur a late fee of 1.5% interest per month on the outstanding balance until full payment is made.
4.4. Copyright and Ownership:
Upon full payment, the Client receives ownership of the final design files.
The Service Provider retains the right to use all work for portfolio and promotional purposes.
5. SOCIAL MEDIA ACCOUNT SUPPORT SERVICES
5.1. Scope of Services
The Service Provider agrees to assist the Client in trying to recover a suspended, disabled, or hacked personal social media profile or business page (e.g., Facebook).
5.2. Efforts and Limitations
While the Service Provider will use reasonable efforts to recover the Client’s account(s), a successful outcome cannot be guaranteed. The outcome depends on the specific circumstances, issues, or violations, which will only become clear after the Service Provider gains access to the account(s) and performs troubleshooting.
5.3. Billing and Payment
The Client agrees to be billed per hour for the Service Provider’s assistance and time, regardless of the outcome. The Service Provider will provide a detailed record of the hours worked. Payment is due upon receipt of the invoice unless otherwise agreed in writing.
5.4. Access and Cooperation
The Client must provide all necessary access and information to facilitate the troubleshooting and recovery process. The Service Provider is not liable for delays or inability to perform services due to incomplete or inaccurate information provided by the Client.
5.5. Indemnification and Liability
The Service Provider is not liable for any damages, losses, or further account issues arising from the recovery process or the circumstances leading to the suspension, disabling, or hacking of the account(s).
5.6. Confidentiality
The Service Provider will keep all Client information, including account credentials, confidential and will use such information solely for the purposes of performing the services outlined in these terms and conditions.
6. GENERAL TERMS
6.1. Authorization:
The Client agrees to provide the necessary credentials and access to all tools, platforms, and accounts required for the execution of services.
6.2. Confidentiality:
Both parties agree to keep all sensitive information confidential and not disclose it to any third parties.
6.3. Indemnity:
The Client agrees to indemnify, defend, and hold harmless the Service Provider and its employees, agents, vendors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with the Client’s use of the Service Provider’s services, or any breach of the terms of this Agreement by the Client.
In the event of a court dispute arising between the parties, the Client will be liable for paying all legal fees.
6.4. Performance Liability:
The Service Provider does not guarantee uninterrupted or error-free operation of services. The Provider is not liable for any damages resulting from the interrupted services.
6.5. Lawful Purpose:
The Client may only use the services for lawful purposes.
6.6. Services Termination
Either party may terminate the Agreement by providing written notice to the other party.
If the Client terminates the Agreement, they will be responsible for payment of all services rendered up to the effective date of termination, including any outstanding balances, licensed plugins, software, and/or other subscriptions.
If the Service Provider terminates the Agreement, they will provide a pro-rata refund for any prepaid services not yet rendered.
6.7. Subcontractors and Media Vendors
The Service Provider reserves the right to engage subcontractors and media vendors to perform certain tasks related to the services provided under the Agreement.
The Service Provider will remain responsible for the work performed by subcontractors and/or vendors and will ensure they comply with the terms of the Agreement.
6.8. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under the Agreement if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, natural disasters, strikes or other labour disputes, government regulations, or power failures.
The affected party shall notify the other party as soon as practicable of the force majeure event and shall use reasonable efforts to resume performance as soon as possible.
6.9. Entire Agreement:
These Terms and Conditions constitute the sole agreement between Elzanne Botha (Pty) Ltd and the Client.