Terms and Conditions
Last updated: 15 February 2026
Welcome to Click Here Marketing. These Terms and Conditions (“Terms”) govern your access to and use of our website and services. By accessing our website, requesting a quote, signing a proposal/statement of work, or using our services, you agree to be bound by these Terms.
Company details: Click Here Marketing (Pty) Ltd
Registration number: K2021488139
“Click Here Marketing”, “we”, “us”, “our” refers to Click Here Marketing (Pty) Ltd.
“Client”, “you”, “your” refers to any person or entity using our website or services.
1. Services Provided
Click Here Marketing provides digital marketing, branding, and technology services, including (but not limited to):
Generative AI and digital marketing strategies
AI-powered marketing strategies and customer segmentation
Digital brand awareness campaigns
Social media management
Website design and development
Corporate identity (CI) and branding collateral
PR and blog posts
Influencer marketing and digital avatars
Generative AI photography and content
AI chatbot solutions
App development
Important: Specific deliverables, timelines, fees, and scope are defined in your signed proposal, quotation, statement of work (SOW), or invoice. If there is any conflict, the signed SOW/proposal takes priority over these Terms.
2. Quotes, Scope, and Revisions
2.1 Quotes are valid for the period stated in the quote (or 7 days if not stated).
2.2 Scope is limited to what is explicitly agreed in writing. Any additional work is treated as a change request and may be billed separately.
2.3 Revisions: Unless stated otherwise in your SOW, we include up to two (2) reasonable revision rounds per deliverable. Additional revisions are billed at our standard rate.
3. Client Responsibilities
To deliver effectively, you agree to:
Provide accurate information, content, approvals, and access (e.g., social accounts, domains, hosting, ad accounts) promptly
Ensure you have the rights to all materials you provide (logos, images, videos, music, trademarks, etc.)
Review and approve deliverables within the agreed timelines
Comply with applicable laws and platform rules (Meta, Google, TikTok, LinkedIn, etc.)
Delays caused by missing access, late feedback, or incomplete inputs may impact timelines and may incur additional costs.
4. Fees and Payment Terms
4.1 Invoices are payable as stated on the invoice (default: due upon receipt unless otherwise agreed in writing).
4.2 Work starts once payment clears (or deposit is received where applicable).
4.3 Late payments: We may pause work, withhold deliverables, or suspend access until accounts are brought up to date.
4.4 Third-party costs: Media spend (ads), software subscriptions, stock assets, hosting, domains, influencers, printing, and similar third-party costs are separate unless explicitly included in writing.
5. Cancellations, Pauses, and Rescheduling
5.1 Monthly services/retainers: Either party may cancel with 30 days written notice, unless your agreement states otherwise.
5.2 Projects: If a project is cancelled after work begins, you are responsible for all work completed up to the cancellation date, plus any committed third-party costs.
5.3 Pauses: If a project is paused for more than 14 days due to client delays, we may reschedule delivery and/or charge an admin/restart fee (where reasonable).
6. No Refund Policy
All services provided by Click Here Marketing (including branding, digital marketing, content creation, and technology-related services) are non-refundable.
Once payment has been made, no refunds will be issued, including for partially used retainers, unused hours, or changes in your preferences or business circumstances.
7. Intellectual Property and Ownership
7.1 Our pre-existing materials: Any methods, frameworks, templates, prompts, tools, code libraries, workflows, and know-how we owned before the project remain our property.
7.2 Client materials: You retain ownership of materials you provided to us, and you grant us a licence to use them to deliver the services.
7.3 Deliverables ownership: Upon full payment, you receive a licence to use the final deliverables for your business purposes, unless otherwise agreed in writing.
7.4 Editable/source files: Unless explicitly included in your SOW, source files (e.g., layered design files, raw project files, code repositories) are not automatically provided.
7.5 Portfolio use: Unless you notify us in writing before the project begins, you grant us permission to display final work (not confidential data) in our portfolio and marketing.
8. AI-Generated Content and Disclosures
8.1 Some deliverables may include AI-assisted or AI-generated outputs. While we apply quality checks, you acknowledge that AI outputs can be imperfect.
8.2 You are responsible for final review and approval before publishing, especially for legal, medical, or regulated claims.
8.3 Where platforms require disclosure or labelling of AI-generated content, you agree to comply.
9. Confidentiality
We will treat your non-public business information as confidential and will not disclose it to third parties except:
To trusted suppliers/subcontractors as necessary to deliver services (under confidentiality where appropriate)
Where required by law or court order
With your written consent
10. Results Disclaimer (Marketing Performance)
Marketing results vary. We do not guarantee specific outcomes (including follower growth, sales, leads, rankings, or revenue). Performance depends on many factors outside our control (market conditions, product quality, pricing, ad budget, seasonality, platform changes, and client responsiveness).
11. Website Use and Acceptable Use
You agree not to misuse our website or services, including:
Attempting unauthorised access to systems or accounts
Introducing malware or harmful code
Using our content without permission
Conducting unlawful activities
12. Limitation of Liability
To the maximum extent permitted by law, Click Here Marketing will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business, goodwill, data, or opportunity arising from:
Your use of (or inability to use) our services or website
Delays caused by third parties or client-side delays
Platform outages, policy changes, or account restrictions
Any unauthorised access to or use of your accounts or systems not caused by our gross negligence
Our total liability for any claim is limited to the fees paid by you to us for the specific services giving rise to the claim in the three (3) months preceding the event.
Nothing in these Terms limits liability where it cannot be limited by law.
13. Privacy and Data Protection
We process personal information in line with applicable data protection laws, including the Protection of Personal Information Act, 2013 (POPIA). Please refer to our Privacy Policy for details on how we collect, use, store, and protect personal data.
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14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa.
If a dispute arises, the parties will first attempt to resolve it in good faith through written negotiation. If unresolved, either party may refer the dispute to the courts with jurisdiction in Cape Town, Western Cape, unless otherwise agreed in writing.
15. Changes to These Terms
We may update these Terms at any time. Updates will be posted on this page with a revised “Last updated” date. Your continued use of our website or services after updates constitutes acceptance of the revised Terms.
16. Contact Us
If you have any questions about these Terms, contact us:
USA Location: 447 Broadway, 2nd Floor, New York, NY 10013, USA
South African Location: 117 Strand Street, Cape Town, 8001, South Africa