Terms and Conditions

Last updated: 14 October 2025

These Terms & Conditions (“Agreement”, “Terms”) govern the relationship between M4Marketing (Pty) Ltd (“we”, “us”, “our”, “Agency”) and you, the client (“you”, “your”, “Client”) for any services we provide (e.g. branding, social media, digital marketing, content creation). By engaging our services, you accept and agree to these Terms.

 

1. Definitions & Interpretation

1.1 Services means any marketing, branding, digital, social media, content creation, advertising, consulting, analytics or related services that we provide to you as described in a Proposal or Scope of Work.

1.2 Deliverables means any content, graphics, designs, posts, ads, copy, media, campaigns or other materials produced under the Services.

1.3 Proposal / Scope of Work means the document, quote or agreement that describes the Services, deliverables, timelines and pricing agreed between you and us.

1.4 Client Materials means any materials, information, logos, images, content, accounts or data you provide to us for use in performing the Services.

1.5 Social Media Accounts / Platforms means any accounts (Facebook, Instagram, LinkedIn, Twitter / X, YouTube, TikTok, etc.) on which we may post, manage or create content on your behalf.

1.6 Unless the context indicates otherwise, headings are for convenience only and do not affect interpretation.

 

2. Appointment & Scope

2.1 You hereby appoint us to perform the Services as per the Proposal, and we accept.

2.2 We will perform Services with reasonable skill, care and diligence consistent with industry standards.

2.3 Any changes to the scope (a “Change Request”) must be agreed in writing (e.g. email) and may incur additional fees or extension of timelines.

 

3. Client Obligations & Access

3.1 You will provide all Client Materials and any access necessary (e.g. login credentials, permissions) in a timely manner to enable us to perform the Services.

3.2 You warrant that the Client Materials you provide to us are accurate, lawful, non-infringing, and that you hold or have obtained all necessary rights and permissions for us to use them.

3.3 You grant us the non-exclusive, non-revocable right to access, manage, post or make changes in your social media accounts (or create such accounts) for the purpose of delivering the Services, unless otherwise limited by the Proposal.

3.4 You will not unreasonably withhold consent, or revoke access, during the term of our engagement.

 

4. Intellectual Property & Rights

4.1 You retain ownership of all Client Materials, trademarks, logos or proprietary assets you provide.

4.2 Upon full payment of all fees due, we transfer to you ownership of the Deliverables created uniquely for your account under the Proposal, subject to any third-party licenses incorporated.

4.3 We reserve the right to include the Deliverables (or parts thereof) in our portfolio, marketing materials, case studies, website, or social media, unless you explicitly object in writing.

4.4 If we use third-party assets (e.g. stock images, licensed music) within Deliverables, such assets remain subject to their original license terms, and you may only use them within those license constraints.

 

5. Fees, Payment & Invoicing

5.1 Our fees are as set out in the Proposal. Unless stated otherwise, all fees exclude VAT (or other applicable taxes) which you will pay in addition.

5.2 Unless otherwise agreed, 50% deposit is due before work commences (or full payment upfront for smaller projects), and the balance is due upon delivery or per the payment schedule.

5.3 Invoices are due within 14 days (or such agreed period). Late payments incur interest at a rate of 2% per month (or maximum legal interest) from the due date until paid.

5.4 We reserve the right to suspend Services, withhold Deliverables or revoke access if you fail to pay when due.

5.5 Any additional costs (e.g. advertising spend, third-party services, software licenses, paid media) incurred on your behalf will be billed to you, with prior notice.

 

6. Term, Termination & Suspension

6.1 This Agreement begins on the date you accept our Proposal and continues until completion of the Services (unless earlier terminated).

6.2 Either party may terminate by providing 14 days’ written notice. In case of termination, you pay for all work done up to termination and any committed costs.

6.3 We may suspend or terminate immediately if you breach a material obligation (e.g. non-payment), or revoke access to accounts.

6.4 Upon termination:

• We will hand over all Deliverables completed up to that point (subject to payment).
• We may remove our access and any content that is not paid for.

1. Provisions that by their nature survive termination (e.g. indemnities, IP rights, confidentiality) remain in effect.

 

7. Warranties, Disclaimers & Liability

7.1 We do not guarantee specific results (e.g. number of followers, leads, sales) unless expressly stated in the Proposal.

7.2 To the maximum extent permitted by law, we disclaim all warranties, whether express or implied.

7.3 In no event shall our liability exceed the total fees paid by you under the Proposal.

7.4 We are not liable for indirect, incidental, consequential, punitive or special damages (including loss of profits or data) even if advised of the possibility thereof.

7.5 You indemnify us against any claims, losses, liabilities (including legal fees) arising from your breach of these Terms, or from your Client Materials infringing third-party rights, or your revocation of access during the term.

 

8. Confidentiality

8.1 Each party shall keep confidential the other’s proprietary or confidential information, and not disclose to third parties except as required by law or permitted by the Agreement.

8.2 Confidentiality obligations survive termination.

 

9. Social Media & Permissions

9.1 You acknowledge and agree that we may post content, manage campaigns, respond to comments, run ads, create stories, etc., on your behalf using your social media accounts under the scope of Services.

9.2 You grant us full license and permission to use your brand assets (logos, trademarks, content) in social media campaigns, branding, advertising, and marketing materials related to the Services.

9.3 We may tag, link or reference your accounts, brand or business in content we publish, subject to your prior approval (if agreed).

9.4 You agree that any social analytics, data, reports or metrics we access through your accounts may be used by us (anonymised or aggregated) for internal benchmarking, reporting and improvement purposes.

9.5 If access or credentials are revoked before the term ends, we shall not be liable for any disruptions, and you remain liable for fees for work done.

 

10. Modifications, Interruptions & Website Use

10.1 We reserve the right to modify, suspend, or discontinue aspects of our services or features temporarily or permanently, with or without notice.

10.2 We are not responsible for any downtime, interruptions, or failures in third-party platforms (e.g. social media outages, API changes, platform policy updates) impacting the Services.

10.3 You may use our website subject to our Website Terms & Conditions (separate or integrated) including acceptable use, copyrights and disclaimers.

 

11. Governing Law, Dispute Resolution & Jurisdiction

11.1 This Agreement is governed by the laws of the Republic of South Africa.

11.2 Any disputes arising out of or in connection with this Agreement must be referred first to mediation. If mediation fails, disputes will be submitted to the courts of competent jurisdiction in [Cape Town / Western Cape / your city].

11.3 The contra proferentem rule (i.e. interpreting ambiguity against the drafter) is excluded.

 

12. General Provisions

12.1 Entire Agreement: These Terms, together with the Proposal (and any written change orders) constitute the entire agreement between the parties and supersede all prior communications or agreements.

12.2 Amendments: No amendment is effective unless in writing and signed by both parties.

12.3 Severability: If a provision is found invalid or unenforceable, the remainder of the Agreement stays effective.

12.4 Assignment: You may not assign your rights under this Agreement without our written consent (we may assign to affiliates or successors).

12.5 Notices: Any notices under this Agreement must be in writing (email acceptable) to the addresses in the Proposal or known contact addresses.

12.6 Force Majeure: Neither party is liable for delay or non-performance caused by events beyond its reasonable control (e.g. natural disasters, pandemics, platform outages).