1.1. Website Design and Development: ‘Market You’ offers comprehensive website design and development services. This encompasses creating responsive and user-friendly websites tailored to the client’s requirements, ensuring both aesthetic appeal and optimal functionality.
1.2. Social Media Management and Design: We provide complete management of your social media profiles across platforms, ensuring consistent branding, regular updates, and engagement with followers. Our design services further elevate your social media presence with visually engaging posts and content tailored to each platform’s unique audience.
1.3. Online Marketing: Harnessing the power of premier platforms such as Google, Facebook, Instagram, TikTok, and LinkedIn, ‘Market You’ devises and executes bespoke online marketing campaigns aimed at enhancing brand visibility, driving traffic, and fostering engagement.
1.4. Advertising: Beyond organic reach, we specialize in curated advertising campaigns across various social media channels. Leveraging advanced targeting tools, we ensure your adverts resonate with your desired audience, yielding optimal returns on advertising spend.
1.5. Graphic Design: From logos and branding materials to promotional content, our graphic design services merge creativity with brand ethos, crafting visuals that not only capture attention but also narrate your brand’s story.
1.6. Product Photography: ‘Market You’ offers professional product photography services. With an emphasis on highlighting product features and aesthetics, our photography ensures your offerings are showcased in the best light, ready for both online and offline marketing endeavours.
1.7 Domain Hosting and Registration
2.1. Deposits: For all services, ‘Market You’ necessitates a 70% deposit upfront, with the balance due upon completion of the job.
2.2. Website Design and Development: Completion and handover of websites are contingent upon full payment. No website will be delivered to the client until all dues are settled.
2.3. Social Media Marketing: Monthly charges for Social Media Marketing services are payable at the beginning of each month, in advance. Clients committing to Social Media Management must note that a minimum duration of three months is mandatory to achieve desired traction. No cancellations will be entertained during this initial three-month period. Subsequent to this period, a one-month notice is necessary for termination.
2.4. Design-Only Services for Social Media: For clients seeking only design services for their social media, charges will be quoted based on requirements, covering up to 10 designs per month. Should additional designs be needed, deposit terms will be discussed and agreed upon. Payment is required upfront for these services.
2.5. Graphic Design: All graphic design work must be paid in full before the final product is handed over to the client.
2.6. Online Advertising: Payments for advertising campaigns run through platforms like Google and Meta Business will be structured in three instalments over the agreed campaign duration.
2.7. Hosting and Domains: Hosting charges are due at the commencement of each month. Annual domain renewals must be paid punctually to ensure uninterrupted ownership. Delays in domain renewal payments may result in domain suspension. To reactivate a suspended domain, a reconnection fee of R150 will be applicable.
2.8. Late Payments: All payments must be made in a timely manner. Late payments, especially for domain renewals, may lead to suspension of services and incur additional fees.
3.1. Notice Requirements: For the discontinuation of Social Media Management and Online Marketing services, ‘Market You’ mandates a notice period of one month.
3.2. Monthly Retainers: Clients engaged on monthly retainers across all services provided by ‘Market You’ are also bound by a one-month notice period for termination.
3.3. Handover Restrictions: No access credentials, passwords, or digital assets, including but not limited to websites, domains, and artwork, will be handed over to the client if any outstanding amounts remain unpaid. The client’s adherence to all payment terms is essential to ensure a smooth transition and handover of digital assets.
4.1. Ownership of Artwork: Upon full payment, the client secures ownership rights of all artwork produced on their behalf. ‘Market You’ will hand over all files in the format in which they were designed, ensuring the client’s complete access.
4.2. Website Handover: After settling all outstanding amounts, clients will be provided with full access to their websites, including all related passwords and credentials.
4.3. Photography Rights: Photography captured by ‘Market You’ for public forums remains the exclusive property of ‘Market You’. Any use of such photographs without explicit permission from ‘Market You’ is prohibited. In cases where ‘Market You’ undertakes product photography upon the client’s request, it is obligatory for the client to acknowledge that the photos were produced by ‘Market You’. Negligence in doing so may trigger legal consequences.
4.4. Purchasing Rights: If a client wishes to obtain outright rights for any intellectual property, a separate quotation will be provided detailing the costs associated.
5.1. Client Confidentiality: Any information disclosed by clients to ‘Market You’ during the course of business engagements will be treated with the utmost confidentiality. We are committed to ensuring that any proprietary information or trade secrets shared with us remain strictly confidential.
5.2. Data Protection: ‘Market You’ takes data protection seriously. We employ stringent security measures to safeguard client data from unauthorized access, disclosure, alteration, or destruction. Any personal data provided by clients, such as contact information, will be handled in compliance with applicable data protection regulations and will not be shared with third parties without explicit consent.
5.3. Third-Party Interactions: Occasionally, ‘Market You’ may collaborate with third-party entities for specific services or tools. We ensure that these entities uphold similar standards of data protection and confidentiality. Any interaction with third-party entities that involves sharing of client data will always be communicated to the client, and explicit consent will be sought.
5.4. Breach Notification: In the unlikely event of a data breach or unauthorized access to client data, ‘Market You’ commits to promptly notify affected clients and take necessary steps to mitigate any potential harm.
6.1. Quality of Work: ‘Market You’ endeavours to deliver the highest quality of work in all its services. Should a client find the delivered work unsatisfactory, we commit to making revisions up to two times. Subsequent alterations or modifications may be subject to additional fees, which will be discussed and agreed upon with the client before proceeding.
6.2. Approval and Responsibility: Upon client approval of designs, photos, websites, or any other deliverables, the responsibility for any errors, including but not limited to, spelling mistakes, incorrect use of logos, fonts, or colours, shifts to the client. ‘Market You’ will not be held liable for such oversights post-approval. Any subsequent changes required will be quoted, and agreement on the associated costs will be sought before commencement.
6.3. Dispute Resolution: In the event of a dispute, clients are requested to provide a written description outlining their concerns or grievances. ‘Market You’ is committed to addressing these concerns diligently and will endeavour to find a satisfactory resolution.
6.4. Limitation Clause: While ‘Market You’ takes full responsibility for the quality of its services, our liability, in the case of unsatisfactory work or any other dispute, is limited to the value of the service provided. We will not be liable for any indirect, incidental, or consequential losses or damages arising from the services provided.
7.1. Jurisdiction: All terms and conditions stated herein, as well as any separate agreements or arrangements with ‘Market You’, are governed by and construed in accordance with the laws of Gauteng in the Republic of South Africa.
7.2. Legal Disputes: In the event of any legal disputes arising out of the services provided by ‘Market You’ or the terms and conditions stated here, both parties agree to first attempt to resolve the matter amicably through negotiations or mediation. Should such efforts not result in a resolution, the parties agree to submit to the exclusive jurisdiction of the courts located in [Your Preferred Location for Legal Proceedings].
7.3. Agreement to Terms: By engaging with ‘Market You’ and availing of our services, the client acknowledges that they have read, understood, and agree to be bound by these terms and conditions and the governing law as stipulated above.
8.1. Provision of Information: Clients are responsible for providing ‘Market You’ with all necessary information, content, and materials required for the successful execution of projects. Any delays in providing these essentials may result in project postponements.
8.2. Feedback and Approval: Clients are expected to provide timely feedback and approvals on deliverables presented. Delays in feedback or approval may affect the project timeline and final delivery dates.
8.3. Respectful Conduct: Both parties commit to maintaining a professional and respectful relationship throughout the engagement. Any aggressive or inappropriate behavior may result in the termination of services.
8.4. Sign-offs: Once a client approves and signs off on a specific task or deliverable, it is an acknowledgment of the client’s satisfaction with the work presented. Subsequent changes or revisions may be subject to additional fees.
8.5. Payments: Clients are obligated to adhere to the payment terms as detailed in section 2. Delays or failures in payments may result in a halt in services or additional charges.
9.1. Service Warranty: ‘Market You’ represents and warrants that the services provided will be performed with professional diligence and skill, in line with the standards prevalent in the industry.
9.2. Original Content: All content, designs, and other intellectual property provided by ‘Market You’ will be original and free from any form of infringement on third-party rights, unless otherwise specified or if utilizing third-party elements upon the client’s request.
9.3. Client Representations: The client represents and assures that any materials, content, or intellectual property provided to ‘Market You’ for the purpose of the project do not infringe on the rights of third parties. The client holds ‘Market You’ harmless from any claim arising from the use of such provided materials.
9.4. Limitation on Warranty: Except for the warranties mentioned above, ‘Market You’ offers no other warranties, either express or implied, regarding the services provided.
10.1. By ‘Market You’: ‘Market You’ agrees to indemnify, defend, and hold harmless the client from and against any claims, damages, losses, and expenses, including attorney fees, arising out of the breach of any warranties and representations made herein.
10.2. By the Client: The client agrees to indemnify, defend, and hold harmless ‘Market You’, its affiliates, officers, directors, and employees from and against any claims, damages, losses, and expenses, including attorney fees, arising out of the use of materials and content provided by the client, especially in instances where such materials or content infringe upon third-party rights or applicable laws.
10.3. Survival: The obligations outlined in this indemnification section shall survive the termination or conclusion of any services provided by ‘Market You’ to the client.
11.1. Definition: Neither party shall be held liable for any delay or failure in performance of any part of this agreement if such delay or failure is attributable to unforeseen events, occurrences, or causes beyond the control of the party affected, including but not limited to: acts of nature, strikes, riots, wars, fires, floods, governmental decrees, or any other cause not within the reasonable control of the party whose performance is affected.
11.2. Notification: The party affected by a force majeure event shall promptly notify the other party in writing when such an event causes a delay or failure in performance and when it ceases to do so. The affected party’s performance shall be extended for a period equivalent to the period of the delay.
11.3. Right to Terminate: If a force majeure event continues substantially affecting the execution of this agreement for a period exceeding [30 days], either party may terminate this agreement upon written notice to the other party.
12.1. Non-Compete: For the duration of the agreement and for 12 months thereafter, the client agrees not to hire, engage, or employ any third-party that directly competes with the services provided by ‘Market You’, without the prior written consent of ‘Market You’.
12.2. Non-Solicitation: During the term of this agreement and for 12 months thereafter, the client agrees not to solicit, hire, or engage any employees, contractors, or service providers of ‘Market You’ without prior written consent.
13.1. Entire Agreement: This agreement, along with any attached exhibits or referenced documents, constitutes the entire agreement between the parties. It supersedes all prior negotiations, understandings, and agreements between the parties.
13.2. Amendments: Any changes, modifications, or amendments to this agreement must be in writing and signed by both parties.
13.3. Waiver: The failure by either party to enforce any provision of this agreement will not be deemed a waiver of future enforcement of that or any other provision.
13.4. Assignment: Neither party may assign or transfer any of their rights or obligations under this agreement without the prior written consent of the other party, except in the case of a merger, acquisition, or sale of all or substantially all assets of the assigning party.
13.5. Severability: If any provision of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.1. Notices: All notices, requests, and other communications under this agreement shall be in writing and shall be deemed given when delivered personally or three (3) days after being mailed by certified mail, postage prepaid, to the addresses of the parties set forth at the beginning of this agreement or to such other address as either party may specify by notice to the other.
14.2. Headings: The headings in this agreement are for reference purposes only and shall not affect the interpretation or meaning of any provisions of this agreement.
14.3. Counterparts: This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.
14.4. Governing Law: This agreement shall be governed by and construed in accordance with the laws of Gauteng in the Republic of South Africa.
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