Terms and Conditions

Please ensure you have read and fully understand what is written below.

1. No work will commence until the agency has received written approval of the estimation (by hand or by email). This ensures that the agency is fully equipped to provide the very highest levels of service and expertise, from project inception through to completion.
2. Acceptance of the estimates indicates acceptance of the costs and gives approval for production go ahead.
3. Any changes to the nature of the work performed will result in an additional revised estimate being submitted.
4. Authors’ corrections, overtime and duplicate materials charges will be billed in addition unless specifically included in the estimates.
5. The estimates shall remain valid for 14 days from date of preparation thereof.
6. Unless otherwise stated above or previously agreed in writing, all invoices are due within 30 days of invoice date.
7. Copyright in respect of any work commissioned will remain the property of HelloYes Marketing (Pty) Ltd until such time as the full cost thereof has been paid.
8. If any project has commenced and has been put on hold for whatever reason, for a period of more then twelve weeks. The agency reserves the right to bill for the hours spent on the project.
9. Any third-party services that are provided by the agency may require a deposit and full payment on delivery. This will be discussed and agreed with by the client.
10. Any anticipated completion date provided by the agency is subject to options chosen and client cooperation in provision of information, resource (logos, images etc.) and approval. The agency will do its very best to ensure that agreed timelines are adhered to, but please be aware that circumstances, amendments requested, or additional requirements may potentially result in delays. Timelines provided are estimated the agency will not be held liable if the project over-runs due to delays caused by the client passing information or approval, or any third party issues.
11. Design costs provided allow for presentation of a minimum of two creative options per brief for the client to choose from. In the unlikely event that the client is not satisfied with the first round of presented work, the agency will develop a further round of additional creative development and presentation. If after this third round there is still no agreement on direction, the agency reserves the right to potentially bring to an end any agreement.
12. Costs provided allow for a maximum of two sets of client amendments after which time additional charges may become payable, although the client would be made aware of this in advance.
13. At the end of each stage of the process (including - but not limited to - before sending an item to print or publishing a website etc.) the client will need to ‘sign-off’ their approval either in person or by email. No further development can be undertaken until the agency is in receipt of written approval confirmation. Any amendments to work after signed approved may incur additional charges for further time spent, although the client would be made aware of this in advance.
14. All proofs will be sent to client for final sign off. Once approved by client HelloYes Marketing will proceed with the project. HelloYes Marketing will not take responsibility for any errors that may have not been picked up by the client after giving final approval.
15. Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g. the agency printer, the client’s printer, the image setter, the monitor etc. will differ from the other), the types of inks or make-up of colours (even Pantone colours can vary
significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc.) used, individual preferences (ambient light, personal computer settings etc.) and several other reasons. As a result of this the agency is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact
result expected by the client. The agency does not accept any responsibility for colour variations as a result of these
indeterminate factors.
16. Until payment is received in full, all designs, artwork and rights to design and artwork (whether in digital or printed format) remain the intellectual
property of HelloYes Marketing. Full copyright and ownership of all ‘commissioned’ work will reside with HelloYes Marketing until full payment has been received, at which
point the agency will surrender to the client, all claims of ownership and full copyright for final work produced (not including alternative designs, concepts, options, files, images or documents developed throughout the process). This agreement is subject to appropriate credit and acknowledgment appearing
and the agency’s right to use the work for self-promotion in its portfolio, in presentations, in advertising, in print and online.
17. HelloYes Marketing will never knowingly infringe any copyright or trademark and will deliver, to the best of knowledge, creative solutions that are original and unique to the agency. Unless otherwise agreed in writing, it is the responsibility of the client to ensure that no copyright or trademark has been infringed
and to make their own application for copyright or trademark if required.
18. If requested, the agency will provide the client with end-artwork in its final form. (e.g. print-ready PDF; DVD master; outlined EPS file etc.)
19. HelloYes Marketing digital campaigns require a 30-days written notice in order to terminate the campaigns
20. Due to the on-going and repeating characteristic of the various digital package aspects, in the case where a month is in arrears some package aspects will be not be completed, these will not be refundable or completed at a later stage.
21. HelloYes Marketing reserves the right to edit the configuration of any Internet marketing package in order to maximize the digital campaign.
22. All third party accounts that are set up during an Internet marketing campaign are the property of the client. This includes Google AdWords, Google Analytics and others.
23. If various digital package aspects are not utilised or requested by the client no discount or refund will be given in lieu of these services not being rendered as many are on a “use-or-lose” basis.
24. Where necessary HelloYes Marketing will suggest changes to your site, these changes can be completed using the allocated maintenance hours allowed by the package, if included.
25. Maintenance hours, if included in a digital package, may not be banked.
26. Due to the intensity of a full campaign set up the initial establishment of all the package aspects may be spread over the first three months depending on the package.
27. Due to the complex nature of search engine optimisation no guarantee can be made for top search engine positions, however HelloYes Marketing will attempt to secure the best position available within the scope of the chosen Internet marketing package. In many instances it may take several months in order to see any positive movement in search engine rankings.
28. In many cases small changes will be made on your site in order to further your online success, it rests on your hosting service provider to routinely back up your website in case a revert is required.
29. HelloYes Marketing cannot be held responsible for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including loss of profit) as a result of an Internet marketing package.
30. The client agrees to alert the agency in writing to any defects or problems in relation to work and services provided, within 10 days of the final invoice date. The agency will not be liable for any claims made after this period.
31. The credit facility may be suspended or withdrawn by HelloYes Marketing at any time without prior notice to the Debtor whereupon all monies owing to HelloYes Marketing shall immediately become due and payable. HelloYes Marketing also reserves the right to review the extent, nature and duration of such credit facility at any time.
32. HelloYes Marketing shall not be under any obligation to supply goods or services to the Debtor for as long as the Debtor is in arrear with any payments owing whatsoever to HelloYes Marketing.
33. In the event of HelloYes Marketing instructing its Attorneys to collect from the Debtor any amount owing to HelloYes Marketing, the Debtor agrees to pay all legal costs, tracing fees and collection charges incurred by HelloYes Marketing as between attorney and own client.
34. The Debtor agrees that if payments have not been made on due date or the credit limit of the Debtor has been exceeded, the whole amount due and owing shall bear compound interest at the maximum rate prescribed from time to time under the Usury Act, No. 73 of 1968 as amended or the National Credit Act, No. 34 of 2005, whichever may be applicable, calculated form the day on which the purchase has been made, to date of payment.
35. The client agrees to indemnify HelloYes Marketing and keep the agency indemnified and hold the agency harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, or expenses suffered or incurred in relation to work or services provided. The agency is not liable for any loss that may occur before, during or after the development of projects undertaken. The agency will not be held responsible for any delays, errors or losses arising from any third party.
36. These terms and conditions of business supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. HelloYes Marketing reserves the right to change or modify these terms at any stage with immediate effect. By agreeing to these terms, your statutory rights are not affected.