SOCIAL MEDIA - TERMS AND CONDITIONS

  • FINANCIAL TERMS
    • All amounts quoted to the client is VAT excluded.
    • All fees are payable in advance, unless otherwise stated.
    • InDigita requires full payment of the initial setup fee before beginning to set up the client’s Social Media PPC account(s).
    • The invoices will be sent on or before the 1st of every month.
    • The client agrees to pay on or before the 7th of each month.
    • InDigita will pause the client’s campaign if the payment has not been received by the 15th.
    • InDigital reserves the right to amend the PPC budgets at any time. A change in budget will be notified to the client 30 days prior to implementation.
    • InDigita must be notified if the client wishes to suspend or cancel its management of Social Media account(s) / campaign(s). It is the client’s responsibility to provide InDigita with a calendar month’s written cancellation notice if they still wish to suspend or cancel their Social Media account(s) / campaign(s).
    • Requests for cancellation should be emailed to cancel@indigita.co.za.
    • Any outstanding amounts must be paid in full to InDigita within 7 (seven) business days of the cancellation request.
    • If invoices are not paid by the client 60 (sixty) days or more after cancellation, InDigita reserves the right to engage a debt collector at the client’s expense.
  • SOCIAL MEDIA SPECIFIC TERMS & CONDITIONS
    • During the time InDigita is managing the client’s Social Media account, the following terms and conditions apply:
      • This Agreement grants InDigita permission to access the client’s Social Media accounts in order to manage and optimise the client’s online marketing campaign.
      • InDigita attempts to set up the client’s Social Media accounts as soon as possible, but in some cases, it may take up to 5-7 business days to set up the new account.
      • A Client may be required to provide more information in order to set up a new account or to modify an existing account, in this case, InDigita will not be liable for any delays caused by waiting for this information
      • This Agreement will run on a month-to-month basis. By finalising strategies as discussed with the client, InDigita can ensure that the client’s account won’t suffer from incomplete optimisation techniques.
      • InDigita will retain ownership of all work carried out in the Client’s Social Media Advert Account for the duration of the agreement, as well as after termination of the agreement.
      • After the contract is terminated, all Intellectual Property owned by InDigita will be removed, and the client will not be able to access the Social Media Advert Account containing InDigita’s Intellectual Property.
      • By failing to remove InDigita’s Intellectual Property, the client will have to pay InDigita for every month that InDigita’s Intellectual Property remains live within the Social Media account owned by the client.
      • Regarding the Intellectual Property of the Social Media service offering:
        • all Intellectual Property belonging to any or both of the parties shall remain the property of the respective party, and no rights, titles, or interests shall pass to the other party over such property;
        • parties acknowledge that they shall not attempt to reverse assemble, decompile, reverse engineer, or otherwise derive source code from such Intellectual Property, except as expressly authorised in writing by the party owning such Property or as expressly provided in this Agreement;
        • any alteration, removal or alteration to the respective Intellectual Property rights notices (and disclaimers) of either party or their vendors and licensors must obtain the prior written approval of either party, or their vendors or licensors when applicable;
        • intellectual Property, trade names, logos, derivatives, or components thereof belonging to the other party are not to be used by either party without the prior written consent of the other party; and
      • InDigita provides clients with advice, information, and technical assistance related to social media advertising in order to attain optimal online advertising results.
        • The performance or rate of return of any online advertising/marketing on Social Media is not guaranteed by InDigita unless otherwise stated. The client is aware that some of the packages provided and/or chosen by the client do not yield quick results. InDigita is not liable for any business outcomes resulting from internet marketing or the management of a client’s social media account.
      • InDigita is a company that offers an internet marketing solution at a competitive price. The client’s chosen business model is not insured or underwritten by InDigita. The client understands that internet services are inherently subject to technical failures and interruptions.
      • An advertising budget for Social Media advertising may be changed at any time by the client. The client and InDigita cannot change the Management Fee unless both parties agree to do so. Annual increases are not included.
      • InDigita will not be held liable for fines, penalties, taxes, exemplary / aggravated / punitive damages, liquidated damages, or indirect/consequential losses (including but not limited to loss of revenue, lost profit, lost opportunity costs, and/or other loss not directly arising from the subject matter of this Agreement) or legal costs and expenses (except reasonable legal costs awarded by a court) in relation to the subject matter of this Agreement.
      • In addition to agreeing to these Terms and Conditions, the client also authorizes InDigita to refer to the client’s business name/s and logo in InDigita’s promotional materials. This may include, but is not limited to, displaying banners and pamphlets on a client’s website.
      • Modifications to these Terms and Conditions may be made at any time by both the client and the company, provided that both parties agree in writing to such modifications.
    • NON-DISCLOSURE TERMS
      • As part of a client’s Social Media campaign, InDigita complies with copyright law.
        • A party will not, without its prior written consent, make or procure the disclosure of (whether for its own commercial purposes or otherwise):
          • the identity of customers, business accounts, finances, contractual arrangements, or other dealings concerning the products, processes, methodologies, frameworks, models, manuals, software, discs, reports, research, working notes, papers, architectural drawings and techniques, or the business of others;
          • the transactions or affairs of the other party or any of their subsidiaries, as defined by the Companies Act No. 71 of 2008, provided by or otherwise received by the other party (before or after the date of this Agreement) within the scope of this Agreement.
        • A confidential relationship shall exist for all fees, services, reports, and documents.
        • InDigita has no control over the policies of the different Social Media platforms and their advertising platforms, in terms of the type of content that may/may not be posted and used in paid advertisements.
        • Social media content, such as check-ins and reviews, cannot be removed from Business Pages. InDigita cannot be held responsible for negative comments on your social media pages, we can help you manage your reputation to the best of our ability.
      • CONTENT SPECIFIC TERMS AND CONDITIONS
        • Unless otherwise specified, no content will be posted to the client’s website/online prior to their approval.
        • InDigita is not responsible for any inaccurate information published after the content has been approved.
        • InDigita shall not be liable if the Content is not published in a timely manner due to a delay in the approval process by the client.
        • Clients are given the opportunity to recommend or approve the topic of an article before the writing process begins.
        • Content will not be rewritten more than once after initial approval.