Last Updated: November 2024

1. Project Scope and Changes

• All projects are subject to an agreed-upon scope of work, which will be clearly outlined in the initial proposal. Any requests for additional work outside of the original scope may result in additional fees and an extension of the project timeline.

2. Client Responsibilities

• Clients are expected to provide all necessary content, images, and information required for the project in a timely manner. Delays in receiving materials from the client may impact the project timeline and delivery dates.

3. Revisions and Amendments

• All packages that are billed at a set price include 3 rounds of revisions as outlined in the project proposal or agreement. Additional rounds of revisions will be charged at an hourly rate of R350 per hour. This will be communicated and agreed upon with the client before proceeding with further revisions.

4. Client Approval of Work

• Once the client has given final approval on any work (e.g., designs, written content, or other deliverables), it is their responsibility to notify Melissa Muller of any issues or errors within 7 days of approval.
• After this 7-day period, the work will be deemed fully accepted, and any further changes, corrections, or updates will incur additional fees at the standard hourly rate of R350 per hour.

5. Intellectual Property

• Upon full payment, all final deliverables (e.g., PDFs, images, or videos) created as part of the project become the intellectual property of the client. However, source files (e.g., editable Canva files, PSDs, raw design files, or development assets) remain the property of Melissa Muller. These source files are not included in the standard scope of delivery and will only be provided upon explicit request, subject to an additional fee.
• Clients must communicate any requests for source files or editable documents during the initial briefing process. Requests made after the project has commenced may result in delays and additional fees.
• Melissa Muller reserves the right to use any final deliverables in portfolios, marketing materials, and case studies unless otherwise agreed in writing.

6. Deadlines and Delivery

• While every effort will be made to meet agreed deadlines, I cannot be held responsible for delays caused by factors beyond my control, including client delays, technical issues, or force majeure events.
• Neither party shall be held liable for any delay or failure to perform their obligations under this agreement due to causes beyond their reasonable control, including, but not limited to, acts of God, war, pandemic, government action, or technical failures.

7. Communication

• All communication and project updates will be conducted via email, WhatsApp, Google Meet, or Zoom. I aim to respond to all queries within 48 hours. In-person meetings are not available.

8. Quotes and Payment Terms

• All cost estimates are valid until the date marked on the quote. The price shown is an estimation, and any technical issues, additional changes, and/or requests may result in more hours being needed. Additional hours will be charged at R350 per hour.
• A 50% deposit is required before work begins, and payment of this deposit is considered acceptance of the quote, the proposed timeline, as well as the Terms and Conditions presented here. All outstanding payments are due upon completion of work or receipt of the final invoice.
• No refunds are provided. Clients may receive credit for unused services, valid for six months from the date of payment. This credit can only be applied to my time (e.g., design, development, consultation) and cannot be used towards ad spend, the purchase of software, plugins, themes, or any third-party services. If the credit is not used within this period, the deposit amount will be forfeited.

9. Confidentiality

• I am committed to maintaining the confidentiality of all client information and project details. Any sensitive information shared during the course of the project will not be disclosed to third parties without the client’s permission.

10. Cancellation Policy

• Clients may cancel a project at any time. However:
  • The 50% deposit is non-refundable.
  • If a project is canceled after work has begun, the client will be responsible for payment of all work completed up to the cancellation date.
• The Service Provider (Melissa Muller) also reserves the right to cancel a project or ongoing service at any time due to:
  • A breach of these Terms & Conditions by the client.
  • Non-payment of fees within the agreed-upon timeframes.
  • Persistent delays in communication or the provision of necessary materials.
  • Behavior that is abusive, threatening, or otherwise inappropriate.
  • A fundamental misalignment in work ethics, values, or expectations that hinders the successful completion of the project.

• In such cases, the client will receive written notice of termination, and all work completed up to the date of cancellation will remain billable and payable. No refunds will be issued for deposits or completed work. If applicable, all outstanding invoices will be due immediately.

11. Liability

• While I strive to provide the highest quality of work, I cannot be held liable for any losses, damages, or issues arising from the use of the work delivered. Clients are responsible for final approval of all work before it is made live or used publicly.

12. Governing Law

• These terms and conditions are governed by the laws of South Africa. Any disputes arising from these terms will be subject to the jurisdiction of the South African courts.

13. Dispute Resolution

• In the event of any dispute arising out of or in connection with these terms, the parties agree to first attempt to resolve the matter amicably through direct communication. If the dispute cannot be resolved within 30 days, the parties agree to submit to mediation or arbitration before seeking any legal remedy.

• Please Note: Non-payment issues are excluded from this dispute resolution process, as immediate enforcement actions may be required to protect rights or recover outstanding payments.

14. Non-Payment, Work Ownership, and Late Fees

• If the client fails to pay the outstanding balance within the agreed timeframe, I reserve the right to suspend all ongoing work and withhold delivery of any completed work until full payment is received.
• In the event of non-payment, ownership of all design, development, and digital assets created during the project will remain with me until full payment is made. This includes the right to retract any live websites or digital content and deny access to any work hosted on my servers or accounts.
• If the outstanding payment is not made within 30 days of the invoice date, a fee of R25 will be applied daily from day 31 until full payment is received.
  If full payment is not received within 90 days of the agreed-upon due date, I reserve the right to pursue legal action to recover the debt. In such cases, the client will be responsible for all associated legal and court costs.
• Clarification: Non-payment disputes are handled independently of the dispute resolution process outlined in Clause 11, to ensure timely enforcement of payment terms.
• Clients will not have the right to use or modify any work delivered without full payment. Any unauthorized use of the work will be considered a breach of contract and will result in legal action.

15. Hosting Fees and Service Suspension

• Hosting fees must be paid before the 1st of each month to ensure uninterrupted service. If hosting fees are not received by the 14th of the month, your website hosting will be canceled, and your website will be taken offline until payment is made. Reinstatement of the website will be subject to payment of all outstanding fees, as well as a R350 reinstatement fee.

16. Updating of Terms

• I reserve the right to update or modify these terms and conditions at any time, with changes taking effect immediately upon posting on my website. It is the client’s responsibility to review the terms regularly to stay informed of any updates.

17. Package Limitations and Scope

• Each package is designed to provide a specific set of services as outlined in the pricing plans. Clients are encouraged to review the details of each package to ensure it meets their needs. Any requests for services not included in the selected package may incur additional charges.

18. Monthly Commitment and Cancellation

• For ongoing digital marketing packages displayed on the website, a minimum commitment of three months is required. Clients may cancel their subscription at any time after the initial three months, but the full monthly fee will be due for the month in which the cancellation occurs. No refunds for partial months will be provided.
• The Service Provider reserves the right to cancel the agreement within the initial three-month period in accordance with the conditions outlined in Clause 8.

19. Emergency Support for Long-Term Clients

• In the event of emergencies that require urgent attention, long-term clients may request additional support hours beyond their agreed-upon cap. These hours will be billed at the standard hourly rate and will roll over to the next month, ensuring no additional charges are incurred immediately.

20. Monthly Reporting and Adjustments

• Monthly performance reports will be provided for ongoing packages, detailing the effectiveness of the strategies implemented. Based on these insights, adjustments to the strategy may be recommended. Clients are encouraged to discuss these recommendations to maximize results.

21. Ad Spend Management

• The ad spend included in each package is specifically allocated for paid advertising on platforms such as Meta (Facebook and Instagram). Clients can monitor the performance of these ad campaigns through the monthly performance reports. Any unused ad spend will roll over to the next month but is not refundable. Unused ad spend can only be applied toward future ad campaigns and cannot be converted into credit for services. If unused within six months from the date of payment, the ad spend will be forfeited. Please see point 6 for further details regarding other unused credits.

22. Client Responsibilities for Ongoing Packages

• Clients must actively participate in the digital marketing process, including providing timely feedback on content and ad campaigns. Delays in client responses may affect campaign performance and timelines.

23. Amendments to Packages

• Clients can request amendments to their chosen package or upgrade to a higher-tier package at any time. The changes will take effect at the beginning of the next billing cycle.

24. Performance Guarantees

• While every effort will be made to achieve the desired results, no specific outcomes or guarantees are provided regarding traffic, engagement, or conversion rates. The effectiveness of the services depends on various factors, including market conditions and client participation.