Terms and Conditions

1. WEBSITE TERMS AND CONDITIONS

Website Owner: Moriah Digital Marketing Agency
Email: christelle.wehmeyer@moriah.com
Location: Johannesburg, South Africa
Business Registration Number: 2023/678415/07

1.1 Acceptance of Terms

By accessing and using this website or purchasing our services, you agree to be bound by these Terms and Conditions.

1.2 Services

We offer social media management, paid media management, paid ads strategies, web design, content creation, and consulting services as described on our site. Service details, deliverables, timelines, and pricing are subject to change.

1.3 Payment Terms

Monthly packages: 30% non-refundable deposit upfront, balance due before final delivery.
Once-off services: 100% upfront payment required.
All payments via EFT/bank transfer.

1.4 Cancellations, Cooling-Off & Refunds

Cooling-Off (CPA): If you purchase services as a result of direct marketing, you have the right to cancel within 5 business days of entering the agreement, as per the Consumer Protection Act.
30-day written notice required for cancelling monthly services.
No refunds for once-off services if work has begun.
Content sessions are refundable only if cancelled at least 24 hours in advance.

1.5 Intellectual Property & Portfolio Use

All content created remains the property of Moriah Digital Marketing Agency. Clients receive a licence to use content as agreed.
Moriah Digital Marketing Agency may use completed work in its portfolio and marketing materials unless the client requests otherwise in writing.

1.6 Client Responsibilities

The client is responsible for copyright clearance of any materials they supply.

1.7 Limitation of Liability & Indemnity

We are not liable for losses, errors, delays, or damages arising from third-party platforms or client-provided materials.
Clients indemnify Moriah Digital Marketing Agency against claims arising from their materials, instructions, or breach of contract.

1.8 POPIA Compliance

We process your information in accordance with the POPIA. See our Privacy Policy below.

1.9 Electronic Signatures

Agreements and approvals provided electronically, including by email, are legally binding under South African law.

1.10 Updates to Terms

Moriah Digital Marketing Agency may update these terms and conditions at any time. Changes will be communicated via email or published on our website.

1.11 Jurisdiction

This agreement is governed by the laws of the Republic of South Africa.

2. PRIVACY POLICY (POPIA-COMPLIANT)

Effective Date: 17/06/2025
Data Controller: Moriah Digital Marketing Agency

2.1 What Information We Collect

Contact information (name, email, phone number)
Social media credentials
Content/data for services (e.g. photos, videos, brand documents)

2.2 Why We Collect It

To deliver contracted services
For internal analytics
For invoicing and communication

2.3 Consent

By engaging our services or submitting information, you consent to the collection and processing of your data.

2.4 Your Rights

You may request to access, correct, or delete your data. Email: christelle.wehmeyer@moriah.com

2.5 Data Protection & Retention

Your data is stored securely and not shared with third parties unless legally required.
Client data will be retained only as long as necessary for the purpose collected, or as required by law (e.g., accounting records for 7 years; personal data for the duration of the contract plus 6 months, unless otherwise required).
After the retention period, data will be securely deleted or destroyed.

2.6 Data Breach Notification

In the event of a data breach, affected clients will be notified as soon as possible, with details of the breach and remedial action.

3. MASTER SERVICE AGREEMENT (PACKAGES & ONCE-OFF SERVICES)

This agreement is between Moriah Digital Marketing Agency, herein referred to as “the Service Provider,” and the client engaging in services, herein referred to as “the Client.”

3.1 Scope of Work

The Service Provider will provide social media management, content creation, paid media management, web design, paid ad strategy, and related services per the package or service selected (see attached package list).

3.2 Payment Terms

Monthly Packages: 30% non-refundable deposit due upfront; remaining 70% due before delivery.
Once-Off Services: 100% upfront.
Late Payments: Interest will be charged on overdue invoices at the prescribed rate (currently 11% per annum, subject to change as per the Prescribed Rate of Interest Act).
Service Suspension: Services may be suspended if payment or required information is delayed.

3.3 Revisions

Monthly packages: 2 free revisions per post/video.
Once-off services: 1 free revision.
Extra revisions: R200 per revision (packages), R300 per revision (once-off).

3.4 Timelines

Delivery: 5–7 business days depending on scope.
Website Delivery: 7-20 business days depending on scope
Earlier delivery is possible; client will be notified.
Delays due to client’s failure to provide required materials or approvals will not affect the Service Provider’s deadlines.

3.5 Client Responsibilities

Clients must:

Provide login credentials for social media platforms to be managed.
Provide content and brand material timeously if content creation is not included.
Grant access to account insights or provide reports needed for strategy.
Allocate and pay for ad spend.
Cover all costs related to content creation sessions (travel, venue, etc.).
Communicate timely feedback and approvals to avoid project delays.
Ensure they have copyright clearance for all supplied materials.
For web design services: Provide the agreed-upon website content (e.g., copy, images, product data) and access to existing hosting/domain platforms (if applicable) within the agreed timelines.
For web design services: Approve designs, wireframes, and development milestones in a timely manner to avoid delivery delays.
For paid media management services: Grant appropriate admin access to relevant ad platforms (e.g., Meta Business Manager, Google Ads, TikTok Ads).
For paid media management services: Notify the Service Provider of any internal changes that may affect campaign objectives, including but not limited to budget shifts, product or service updates, or strategic changes.

3.6 Cancellations & Refunds

Monthly services require 30 days’ cancellation notice.
No refunds on once-off services if work has commenced.
Content creation sessions: refundable only if cancelled at least 24 hours in advance.

3.7 Ownership & Use

All content created remains the property of Moriah Digital Marketing Agency. Clients receive a licence to use the content in accordance with the agreed purpose.
Moriah Digital Marketing Agency may use completed work in its portfolio and marketing materials unless the client requests otherwise in writing.

3.8 Limitation of Liability & Indemnity

The Service Provider shall not be liable for platform outages, algorithm changes, client delays, or results outside their control. Maximum liability shall not exceed the total amount paid by the client for the service.
The client indemnifies Moriah Digital Marketing Agency against claims arising from their materials, instructions, or breach of contract.

3.9 Confidentiality

Both parties agree to keep proprietary information confidential. This includes content strategies, passwords, and brand assets.

3.10 Termination

Either party may terminate the agreement with 30 days’ written notice for monthly services. Outstanding deliverables will be completed, or a pro-rata refund issued for work not yet begun.

3.11 Dispute Resolution & Escalation

Disputes will be resolved in good faith. If unresolved, parties agree to mediation in Johannesburg before pursuing legal action.
Escalation steps: (1) Informal negotiation, (2) Mediation, (3) Arbitration or litigation.

3.12 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, or government regulations.

3.13 Jurisdiction