ImageBrandnamix Digital Marketing Agency | Terms and Conditions

Terms & Conditions

TERMS AND CONDITIONS FOR BRANDNAMIX (PTY) LTD

1. Introduction
These Terms and Conditions ("Agreement") are entered into by and between Brandnamix (Pty) Ltd ("we", "our", "us", “Brandnamix”), a digital marketing company, and the client ("you", "your"), who has engaged our services. By using our services, you agree to be bound by these terms and conditions. Where a Managed Marketing Services Agreement has been concluded, the MMSA and accompanying Service Request will take precedence.

2. Services
We provide a range of digital marketing services, including but not limited to:

  • Social media marketing
  • Search engine optimization (SEO)
  • Pay-per-click (PPC) advertising
  • Content creation
  • Web design and development
  • Email marketing
  • Video Production
  • Marketing Strategy
  • Email and SMS marketing
  • Reporting and Analytics

3. Client Responsibilities
As a client, you agree to:

  • Provide accurate and timely information required for the provision of services, We do not accept any responsibility for the publication of incorrect information provided by the client.
  • Maintain the necessary access to accounts, platforms, and assets relevant to the digital marketing services.
  • Comply with all applicable laws and regulations regarding online advertising and marketing.
  • Review and approve deliverables in a timely manner.

4. Fees and Payment

  • The fees for our services will be outlined in the proposal or agreement.
  • Payments are due according to the schedule provided. Late payments may incur additional charges.
  • All prices are exclusive of taxes and other charges unless otherwise stated.

5. Confidentiality
We will not disclose or use any confidential information provided by the client, except as necessary to perform the services. This includes client strategies, financial details, and proprietary data.

6. Intellectual Property

  • Any content, designs, or materials created by us during the course of the project shall remain our intellectual property until full payment is received.
  • Once payment is made in full, the ownership of the deliverables (e.g., website designs, marketing materials) will transfer to the client, however we will retain the rights to use the deliverables for all Brandnamix purposes.
  • The ownership of all software will remain the property of Brandnamix and will not transfer to the client.

7. Hyperlinks and created Websites
No part of the Website may be embedded into another website.
In any case, the creation of a hyperlink towards the Website requires a prior written authorization from Brandnamix, which reserves the right to ask for the deletion of a hyperlink.

The Website may include hyperlinks towards other websites. To the extent that Brandnanix cannot verify these websites, Brandnamix cannot be held liable for the availability of these websites, nor can they be held liable in any way for the content, advertising, products, services, or any other material available on or from these websites.

Moreover, Brandnamix may not be held liable for any established or claimed losses or damages that follow the use of these , or any Brandnamix client created websites or that are related to having trusted the available content, goods, or services on these websites.

8. Termination
Either party may terminate this agreement with 60 days written notice. In the event of termination, the client will be required to pay for services rendered up to the date of termination.

9. Limitations of Liability

  • We are not liable for any damages resulting from the use of our services, including lost profits, business interruptions, or other indirect losses.
  • Our total liability to the client shall not exceed the total amount paid by the client for services during the 12-month period prior to the event causing the liability.
  • We do not guarantee the specific success of any campaign or project and will not be liable for this.

10. Indemnification
The client agrees to indemnify, defend, and hold harmless Brandnamix from any claims, liabilities, or damages arising from the client’s use of our services, including any legal action brought against us for content provided by the client.

11. Amendments
We reserve the right to modify or update these Terms and Conditions at any time. The client will be notified of any significant changes.

12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

13. Dispute Resolution
Any and all disputes, controversy, or claims related to or arising in connection with this Agreement shall first be referred to the Chief Executive Officers of each of the parties for an informal resolution;

If this informal resolution does not resolve the dispute within 30 days, the parties hereto agree to submit the dispute to binding arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa then in effect. This provision shall not limit either party’s right for interim judicial relief;

Any such arbitration shall proceed in accordance with the laws of the Republic of South Africa and the venue of any such arbitration shall be held in Johannesburg, South Africa. Within 10 calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity;

If the parties do not agree on an arbitrator within 10 calendar days, a party may petition the Arbitration Foundation of Southern Africa in order to appoint an arbitrator. The decision of the arbitrator shall be final, and binding and no party shall have rights of appeal;

Each party shall bear its own costs and fees in connection with the arbitration, however, the arbitrator shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration;

Nothing in this clause will preclude any party from seeking urgent interim relief from any court of competent jurisdiction;

Notwithstanding any reference to mediation, arbitration and/or court proceedings herein, the parties shall continue to perform their respective obligation under the contract, unless they agree otherwise in writing.

14. Force Majeure
Notwithstanding anything to the contrary, neither of the Parties shall be liable for a failure to perform any of its obligations insofar as it proves:

  • that the failure was due to an impediment beyond its reasonable control;
  • that it could not reasonably be expected to have taken the impediment and its effects upon the Party’s ability to perform into account at the time of the conclusion of this Agreement; and
  • that it could not reasonably have avoided or overcome the impediment or at least its effects.

Relief from liability for non-performance by reason of the provisions of this clause 14 shall commence on the date upon which the Party seeking relief gives written notice of the impediment relied upon (hereafter "Impediment") and shall terminate upon the date upon which such Impediment ceases to exist, unless the Agreement is terminated in accordance with clause 14. The following shall however not constitute an Impediment entitling a Party to relief under this clause:

  • obligations to make payments that have become due and payable in terms of this Agreement prior to the event that would otherwise constitute an Impediment took place; or

The Party suffering the impediment shall take all reasonable steps to mitigate the adverse effects arising from the Impediment.