Riaan Jordaan Marketing PTY LTD
These Terms and Conditions (“Agreement”) apply to all clients engaging with Riaan Jordaan Marketing (“Agency”). By ordering services, the Client accepts these Terms.
Engagement & Contract Formation
- This Agreement governs services including website design, marketing, content creation, photography, and related digital services.
- A Client’s order constitutes an offer; acceptance occurs when the Agency issues an invoice. The invoice represents a binding contract.
- Riaan Jordaan Marketing reserves the right to withdraw from contracts prior to acceptance.
Fees, Deposits & Payment
- Digital services: Minimum 80% deposit before work begins; balance payable before release.
- Retainers: Invoiced in advance; payment due by the 7th of each month. Non-payment results in suspension of all services. Reactivation requires full arrears plus a R500 reactivation fee.
- Photography: 80% deposit on acceptance, 20% before final files are released.
- Third-party costs (ad spend, platforms, stock images, plugins) are billed separately and remain the Client’s responsibility. No ads will be launched unless payment has been received upfront.
- Late payments will attract interest and service will be suspend until the account is paid in full.
Client Responsibilities
- Clients must provide accurate and timely content, approvals, and access needed for effective campaign delivery. Delays or failure to provide content do not entitle refunds or discounts.
- Silence after 7 business days of receiving draft deliverables will be deemed approval.
Performance Disclaimer
The Agency applies best practices but makes no guarantees of rankings, traffic, leads, or revenue, as results depend on third-party platforms and market factors outside its control.
Intellectual Property
- Pre-existing IP (tools, templates, frameworks) remains the Agency’s property; licensed to the Client for agreed purposes.
- Final deliverables created specifically for the Client transfer on full payment, excluding third-party licensed materials.
- The Agency may showcase work for portfolio purposes unless otherwise agreed in writing.
Confidentiality & Privacy
- Both parties must keep confidential business information secret, except where required by law.
- The Agency will process Client data in compliance with the Protection of Personal Information Act (POPIA), and may contact the Client with service-related updates or offers.
Advertising & Regulatory Compliance
- Campaigns must comply with the Advertising Regulatory Board (ARB) Code of Advertising Practice.
- The Client warrants that all claims, images, and materials provided are lawful, non-infringing, and supported by evidence.
Refunds
- Deposits are non-refundable once work commences.
- No refunds are given for hosting, administration fees, or advance payments for services already rendered.
Liability & Warranty Disclaimer
- The Agency is not liable for interruptions caused by force majeure (natural disasters, strikes, riots, terrorism, pandemics, government actions, or third-party failures).
- The Agency is not liable for indirect damages including loss of business, profits, data, or opportunities.
- Total liability is capped at fees paid in the preceding 3 months.
Termination & Suspension
- Either party may terminate with written notice if the other materially breaches the Agreement.
- The Agency may suspend services immediately for non-payment or legal/compliance risks.
- Upon termination, all fees to date are due; completed and paid-for work will be handed over.
Governing Law & Jurisdiction
- This Agreement is governed by South African law.
- The parties submit to the exclusive jurisdiction of the South African Courts (Western Cape High Court, unless otherwise agreed).
- If any provision is found unenforceable, the remainder remains valid.
Amendments
The Agency may update these Terms from time to time without prior notice. The latest version will always be available at www.rjdm.co.za.