Terms & Conditions
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Advisor Marketing, for and on behalf of any Client(s) who have duly accepted Advisor Marketing quotation(s) for any such products and/or services, and therefore authorised Advisor Marketing to render the aforementioned products and deliver said services.
General Terms & Conditions:
1. Project Specifications.
1.1. The Client must supply the Project Specifications to Advisor Marketing in order for Advisor Marketing to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with the creation of a Project Specifications, Advisor Marketing can assist the Client. This time may be billed to the Client at the discretion of Advisor Marketing.
2.1. Quotations are valid for 14 (fourteen) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3.1. Upon a Client accepting the Advisor Marketing Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Advisor Marketing’s stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Advisor Marketing.
4.3 Advisor Marketing commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. Advisor Marketing can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.5. Advisor Marketing endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
5.1. Deposit(s) are non-refundable unless Advisor Marketing, at their sole discretion decide otherwise. The decision by Advisor Marketing is based on the factors surrounding the project in question and is non-negotiable.
6. Required Documentation.
6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
6.2. The Client is to provide all Required Documentation electronically to Advisor Marketing, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
6.4. If the Client does not supply Advisor Marketing with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Advisor Marketing.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. Advisor Marketing, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3 If and when Advisor Marketing are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. Advisor Marketing does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Graphic Images.
8.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
8.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Advisor Marketing team as required.
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
10.1. Advisor Marketing does not offer any printing products and/or services, therefore Advisor Marketing take no responsibility for print or Printing errors.
10.2. Completed graphic design, logo, or any artwork by Advisor Marketing will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
10.3. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
11. Website Hosting.
11.1. Hosting via Advisor Marketing
11.1.1. Hosting via Advisor Marketing allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
11.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
11.1.3. Hosting fees are payable from date of domain registration, transfer to Advisor Marketing hosting and if applicable, from start of website development by Advisor Marketing.
11.1.4. Payments not received by the 1st of each month automatically suspends the Client’s Hosting service, thus risk deactivating the Client’s website. This is can be waved at the sole discretion of Advisor Marketing, without giving up any rights as per the terms and conditions.
11.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
11.1.6. Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
11.1.7. Advisor Marketing reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or e-mailed to firstname.lastname@example.org, on or before the 1st of the new month as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Advisor Marketing, thus enabling release to transfer to a Third Party Hosting Service Provider.
11.1.10. Advisor Marketing uses the world’s leading WordPress host, WP Engine. Advisor Marketing cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
11.1.11 Should there be any website downtime, due to reasons outlined in 11.1.10, Advisor Marketing will do everything they can to resolve the situation. If there are credits passed on from WP Engine, this will be shared with the clients.
11.1.12 Should the hosting be cancelled as outlined in 11.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Advisor Marketing, this can be arranged. Time spent by Advisor Marketing will be billed to the client.
11.2. Hosting via a Third Party Service Provider.
11.2.1. If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
11.2.2. Advisor Marketing will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Advisor Marketing.
11.2.3. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
11.2.4. Advisor Marketing will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Advisor Marketing.
12. Search Engine Optimization (SEO).
12.1. Advisor Marketing can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Advisor Marketing can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
12.2 While Google’s results are displayed on other search engines, Advisor Marketing’s Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Advisor Marketing is not responsible for the client’s rankings due to this algorithm change. Advisor Marketing will endeavour to maintain the Client’s Google rankings, but the Client acknowledges that Advisor Marketing is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Advisor Marketing is not responsible for the Client’s ranking fluctuations that may have been caused by this previous SEO work.
12.3 The Client agrees to share the Client’s website URL, keywords used for SEO purposes, website design, and/or social media profile URLs created/or managed by Advisor Marketing on Advisor Marketing marketing materials (such as websites, proposals, and portfolio examples), unless the Client instructs otherwise.
12.4 Advisor Marketing makes no warranty or representation:
12.4.1. as to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed;
12.4.2. for any specific result on any search engine;
12.4.3. as to the quantity or quality of increased traffic or sales to the Client’s Website; or
12.4.4. as to Client Website’s ranking. In particular, the Client acknowledges that the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually.
13.1. Advisor Marketing will load up to 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
13.2. Should the Client require Advisor Marketing to load more than the aforementioned 10 loaded products, Advisor Marketing will issue the Client a Quotation accordingly.
14. Balance of Payment.
14.1. The Client is required to e-mail the Proof of Payment to Advisor Marketing.
14.2. All work remains the property of Advisor Marketing until the full and final payment is received.
15. Completion Date.
15.1. Activation of the Client’s website is conditional to the Terms & Conditions 14 above.
15.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
16. Additional Work
16.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
16.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Advisor Marketing remain the responsibility of the Client.
16.4. Advisor Marketing may suggest Additional Work for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Advisor Marketing will issue the Client a Quotation accordingly.
17. Service Agreement.
17.1. The Client may request that Advisor Marketing access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Advisor Marketing from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
17.2. Advisor Marketing commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, as soon as Advisor Marketing is able.
18. Invoices and Statements.
18.1. Advisor Marketing is not a credit service provider and does not grant any credit facilities whatsoever.
18.2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Advisor Marketing being a month-to-month service provider.
18.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Advisor Marketing having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
18.5. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.
19.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
19.2. Meetings and consultations will be charged at the discretion of Advisor Marketing, in accordance to these Terms and Conditions, quoted and agreed to.
20. Legal Costs.
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Advisor Marketing’ legal representative(s), and the full outstanding balance becomes payable.
20.2. All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.
21.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of Invoice date.
21.2. Advisor Marketing will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
21.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
21.4. Advisor Marketing reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
22.1. Advisor Marketing will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
22.2. Advisor Marketing’ Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
23.1. Advisor Marketing reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
23.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Advisor Marketing’s own website.