This agreement is between Innovative Marketing SA® and Nicolaas Michiel Smit - ( The Sauna and Steam Guy cc )
If you have any questions about what is outlined here, please be sure to send me an email! I’d be happy to discuss further.
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what to expect, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
In short, You Nicolaas Michiel Smit - The Sauna and Steam Guy cc - (“You”), are hiring us Innovative Marketing SA® (“We or Us”) to complete the following project: GOOGLE ADWORDS MAINTENANCE, for the total price of R 2,875.00 (excluding AdSpend of R4000 for both campaigns - JHB + Western Cape) + Reporting every 4th month @ R1,035 per month (excluding ad spend) for the duration of 11 month/s.
As we work in advance, we require the signed copy of this contract no later than 19/7/2023.
As soon as this signed agreement is received, we will invoice you and schedule the project in once payment has been received.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Projects are paid upfront to Innovative Marketing SA® before the project commences. Standard rates have been quoted.
Please refer to the package breakdown that has already been sent through to you.
Payments are done in advance and on a monthly basis at R 2,875.00 (excluding AdSpend of R4000 for both campaigns - JHB + Western Cape) + Reporting every 4th month @ R1,035 for the duration of 11 month/s.
The contract start date is 1/8/2023 and ends 30/6/2024.
Please note that this is the fee for the agreed management as per your package. Anything over and above this will need to be quoted.
We issue invoices electronically. Our payment terms are that payments are done by the 5th of each month by EFT. Late or non-payment will result in the account being placed on hold and will be suspended until payment is received. All proposals are quoted in SOUTH AFRICAN RANDS and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds or deposit fees. The appropriate bank account details will be printed on our electronic invoice.
Payments are non-refundable. Minimum of a 3-month contract.
30 DAYS NOTICE AFTER THE FIRST THREE MONTHS (SETUP PHASE) OF THE ANNUAL AGREEMENT EFFECTIVE FROM 1ST OF NEW MONTH.
Should the account be dormant for longer than the duration of 4 weeks a once-off reactivation fee of R will be processed.
We actively monitor account activity and should we observe an attempt by another entity to acquire full ownership rights or any changes made by anyone other than Innovative Marketing SA® will not be tolerated, and thus your access will be revoked immediately. Such actions have the potential to disrupt the momentum gained by the campaigns. If necessary full ownership rights may be granted upon receipt of payment once the 30-day notice period has elapsed.
Preferred payment to The Sauna and Steam Guy cc's service provider is via the The Sauna and Steam Guy cc's preferred credit card – no credit card details will be written down or accepted via email. Details will only be taken via telephone and entered directly into the advertising platform billing system.
Should payment via the The Sauna and Steam Guy cc's credit card not be available, Innovative Marketing SA® will pay the advertising budget for The Sauna and Steam Guy cc once payment for the said budget has been received and is cleared in the Innovative Marketing SA®’s bank account. No credit will be advanced. Innovative Marketing SA® will then charge The Sauna and Steam Guy cc an administration fee of 20% of the total budget to be loaded. This will also be payable before the budget amount is loaded into the Google Adwords campaign.
Initial adverts will be sent to the client for approval. Thereafter Innovative Marketing SA® will adjust the adverts based on performance data.
Innovative Marketing SA® will not take any responsibility for loss of traffic/income due to downtime of any advertising platform.
Innovative Marketing SA® can (on request) add The Sauna and Steam Guy cc as a Read-Only user on the account. Once the Innovative Marketing SA®'s services are terminated, Innovative Marketing SA® undertakes to change The Sauna and Steam Guy cc's access to full administrator access if The Sauna and Steam Guy cc's account with Innovative Marketing SA® is paid up in full.
Innovative Marketing SA® is not responsible for inaccuracies in advertising if changes in pricing/policy are not communicated to the Innovative Marketing SA® timeously.
All changes to daily or monthly budgets must be confirmed in writing.
The Sauna and Steam Guy cc understands that Innovative Marketing SA® is not an employee and that this will be a collaborative, professional relationship of equals, as in a partnership, where mutual professional respect, courtesy, and consideration are expected. In fostering this partnership, The Sauna and Steam Guy cc agrees to designate a single point of contact for all communications to ensure efficiency and avoid potential miscommunications arising from multiple sources. Due to the virtual nature of the partnership, The Sauna and Steam Guy cc understands the importance of communication, especially via email, and agrees to respond to questions, requests, and communications from Innovative Marketing SA® in a timely manner. The Sauna and Steam Guy cc understands that Innovative Marketing SA® is a business with other clients to service and requires fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on the part of The Sauna and Steam Guy cc will not constitute an emergency for Innovative Marketing SA®. The Sauna and Steam Guy cc understands that Innovative Marketing SA® may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality of work.
Please be aware that your package fee is related to the amount of time we work on your account per month. This needs to be taken into consideration when meetings are requested as time spent at on-site meetings will replace social media content time. For this reason, we suggest online meetings via your preferred platforms (WhatsApp, Zoom, Skype etc.) to be utilised which will not take up any of your social media content timing.
We are available by email for technical support. Email works best for us for two reasons:
- It gives us time to research your query should we need to
- It provides a supported trail that you can refer back to, should you need help with the same issue again
OFFICE HOURS & COMMUNICATIONS
Office hours are Monday through Friday, 9:00 a.m. to 03:00 p.m. Email and our Collaborative Calendar Software are the main sources of between The Sauna and Steam Guy cc and Innovative Marketing SA®. Innovative Marketing SA® is available for phone calls ONLY during office hours. However, the time of both parties must be respected, and unplanned calls lasting over 10 minutes will be billed to The Sauna and Steam Guy cc. Telephoned or video meetings must be prescheduled no less than 24 hours prior. Cancellation requires a minimum of 24 hours advance notice. Missed meetings or cancellations without sufficient notice will be billed R350 to The Sauna and Steam Guy cc.
GRAPHICS AND PHOTOGRAPHS
Basic artwork is included. The project does not include photography – Images need to be supplied where necessary. Should additional photography be required we will be able to facilitate through our partner photographer at an additional charge.
You should supply logos in an editable, vector digital format. If you have a brand guide, that would be even better! Should you require a brand guide, please discuss options with us.
Should you require designs to be done for print purposes, these photographs need to be supplied in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. We are able to source generic stock images, however, if there is a specific image you require that we cannot source from our library, you will need to purchase it separately.
Although we will give you guidance and walk you through the content, you will be required to provide all the text. Please make sure that the text is written and capitalised the way you want it. e.g. if it is written in ALL CAPS, we will presume that you want it added like that or else, we will have to charge extra for editing it for you. We are not responsible for correcting grammar or typos but will provide guidance where possible.
TEXT CONTENT FOR SPECIAL PROJECTS
You will need to provide text for these projects such as menu items, services or products and descriptions. Please make sure that the text is written and capitalised the way you want it. e.g. If it is written in ALL CAPS, we will presume that you want it added like that. We are not responsible for correcting grammar or typos.
On receipt of The Sauna and Steam Guy cc's approvals on text documents, artwork, design concepts, strategies, campaigns and other elements related to that specific project, the received The Sauna and Steam Guy cc's approval will be considered binding on the final rendering of the project that has been signed off and agreed upon. Innovative Marketing SA® shall not enter into any negotiations regarding alterations/amendments thereafter. Should additional alternations/amendments be requested after the client's approval has been received it will be viewed and treated as a new project and quoted/charged for accordingly.
CHANGES AND REVISIONS
If specific images are required for creatives, they are to be supplied before the commencement of the design. Should artwork not be supplied, stock images will be used. If alterations are required thereafter, it will be considered a new design post and scheduled accordingly.
We don’t want to limit your ability to change your mind. The price for your social media package is based on the number of hours we estimate we’ll need to accomplish everything we need to achieve, not on the number of posts. We will always try our best to have all posts go live, however, some posts may take longer than others, which may mean that some posts may overlap with the following week’s schedule and allocated time.
If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional revisions.
Project comments are to be made only on the collaboration calendar where posts are sent for approval. Comments can be made at any time, however, they will only be attended to during our office hours. Should urgent projects arise that require us to work out-of-office times, an additional overtime fee will apply.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Your liability to us will also be limited to the number of fees payable under this contract and you won’t be liable to us or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
INTELLECTUAL PROPERTY RIGHTS
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get-up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case, whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsists or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise. All content produced including strategies falls under Innovative Marketing SA® trademark and may not be used outside of our contract period without written consent. If this happens, legal action may result.
DISPLAYING OUR WORK
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
Approved by CLAUDIA SHERRIN and on behalf of Innovative Marketing SA®
Please type your full name below, and sign in the large box underneath using your stylus, your mouse, or your finger to authorise the contract. By electronically signing this document, you agree to the terms as mentioned above. After the document is signed, you can proceed to print it.
Signed by Angela Lowery on behalf of The Sauna and Steam Guy cc on Mon Jul 24 2023 09:30:22 GMT+0200 (South Africa Standard Time)
IP Address: 22.214.171.124