This license agreement (hereinafter referred to as the Agreement) constitutes a contract between DigiAds SA (Managed by StormBiz), who are the authors of and the owners of the Social Media Marketing Website (hereinafter referred to as the "Copyright Owner"), and the Client (hereinafter referred to as the "Supplier").
This Agreement contains definitions and conditions under which the Supplier may use DigiAds SA’s Website & Services.
Terms and conditions
All terms given in this section of the Agreement shall have the following meaning for this Agreement only and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement.
Program means the DigiAds SA Website, and all related printed materials, help, and online documentation as well as all copies and all derivative works related to this website, including but not limited to, all updates and modifications.
Program-based Derivative means any program, work, or information created by the Supplier or a third party with using the Program or any of its parts.
Use of the Program means any actions related to the operation of the Program according to its purpose.
Subscription License means the right to use the Website provided by the Copyright Owner to the Supplier for one (1) year, paid monthly or Annually, from the date the right has been purchased.
Confidential Information means the contents of the Program (source code) as well as other information about the Program that the Copyright Owner may deem confidential.
The Supplier shall Use the Program within the bounds of this Agreement only. By Using the Program, the Supplier thus consents to the conditions set forth in this Agreement. If the Supplier does not wish to be bound by the conditions of this Agreement, he shall not subscribe to the Program.
The Copyright Owner notifies the Supplier that the Program is not sold to the Supplier, but, in accordance with this Agreement, the Supplier gains the right to Use the Program (within the period stipulated by the Subscription License) under a simple non-exclusive license.
Every Use of the Program is subject to this Agreement. Any Use of the Program or any of its parts, which contradicts the conditions of this Agreement, is prohibited.
The Supplier pledges not to disclose the Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect the Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without the consent of the Copyright Owner, the Supplier agrees to indemnify the Copyright Owner for all suffered damages.
Warranties and Limitations
The Program is provided "AS IS" with all possible malfunction and in the state that is actual by the time the Copyright Owner provides the Supplier with the Subscription License.
Under no circumstances does the Copyright Owner guarantee error-free and uninterrupted performance of the Program and that the Program will meet the requirements of the Supplier as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law.
The Supplier assumes all the risks related to the performance and the Use of the Program, including the risk of not getting the expected profit, the risk of a software failure after the Program is installed, etc.
Under no circumstances is the Copyright Owner liable to the Supplier for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the Use of the Program or impossibility to Use the Program.
In the event that the law of the Supplier's country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from Using the Program if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to the amount of the compensation that the Supplier paid for one Subscription License.
The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Program and all associated services.
DigiAds strives to provide its buyers with the best service possible. This can only be accomplished if the Suppliers commit, and uphold any purchases, contact requests, and agreements made from the DigiAds SA website. As a Supplier, you agree to honor all contracts, provide goods sold, or contact the buyer within a reasonable time. the Copyright Owner does not take any responsibility for loss or damage to Suppliers or Buyers, as the Copyright Owner only offers the tools to connect the Buyers with the Sellers. the Copyright Owner has the right to terminate the subscription if a Supplier has received 3 complaints from different buyers within 1 subscription period, without any compensation to the Supplier, if the Supplier has not honored the agreements of the Suppliers Terms of Service. It is the Suppliers responsibility to notify the Buyer well in advance if any part of the contract cannot be honored, and if possible, a suitable replacement can be made from a different Supplier on DigiAds SA’s Website. A supplier will need to provide 1 product/service on special every year. The product/service will be promoted on our daily specials page, to introduce/promote the Supplier.
DigiAds SA offers a premium service for buyers to reach potential customers. As such the Copyright Owner charges a 5% service fee when selling your products/services on our website. This fee is due monthly for any items sold on DigiAds SA Website only.
Refund / Cancelation Policy:
Responsibilities of “The Supplier”
To provide you with the service you have requested, we require you “the Supplier” to provide the following, and follow our efficient protocols set out below:
- Provide a DigiAds SA marketing manager with administrator rights on your Business Facebook Page.
- If you do not have a Business Facebook Page, we will add a Facebook Page for you, and add you, or a company representative of your choice as an administrator.
- Provide DigiAds SA marketing manager login details for your Business Instagram Account.
- Provide DigiAds SA marketing manager login details for your Business Twitter Account.
- View our list of generic banners on our website and provide us with the banner name/number that you have chosen. We recommend for branding purposes that the banner layout stays the same every month, however you may request a change in banner style/design from our website before or with the sending of the following details.
- Provide DigiAds SA with all Logos, content, and images needed to create your monthly Social Media Banners no later than the 20th of each month. Failure to submit new content will mean that we accept that you are happy for us to post the same banners for the next month. Content can be submitted on our website, or sent via email, and must be in text format. No other content will be accepted, and no content will be “sourced” due to copyright laws. Please ensure that you have all rights to distribute any images sent to us. We accept the images on the basis that they are either your own, they are not breaking any copyright laws, or they have been purchased by an online image supplier, and we take no responsibility for breaching any copyright laws.
- Your business representative, having access to all social media accounts, as well as DigiAds SA Website, may at any time log in and view the progress of the various social media posts, and promotions.
Responsibilities of the ”Copyright Owner”
DigiAds SA will do the following on behalf of you, “the Supplier”.
- Open a Facebook page, or revamp the current Facebook Page, add a new header.
- Add client as an Admin to the created Facebook Page.
- Open an Instagram account, if no business account exists, add a new header.
- Open a Twitter account, if no business account exists, add a new header.
- Add your business Listing to DigiAds SA with the content provided in the “new client/debit order” form, add the logo, and add the monthly banners.
- Design the banner ads for your social media campaign within 5 business days of receiving the content and send them to your email for “proofreading”. Any changes needed must be supplied within 1 business day. If we do not receive any feedback within 1 day, we will schedule all the posts for the next month, by the last day of each month.
- We do not respond, delete, or forward any comments or questions on any posts added, as the company representative has access to the social media accounts.
- We do not respond, delete, or forward any comments or questions on any of our client’s posts, private, or otherwise.
- We do not manage our client's personal Facebook accounts, please do not provide any of our staff with personal Facebook Logins, as we do not need access to this to manage your page.
- The work month runs from the 25th to the 24th, therefore any additional posts/work done during the month will be added to the invoice on the 25th of the month, or the Monday after the 25th.
- Please keep all communication, questions, and requests to email, so that there is a constant paper between your DigiAds SA Marketing Manager, and yourself.
Debit Order Policy
We take every precaution to send our debit orders on the 25th, 1st, or 7th of the month (unless otherwise agreed). Please ensure that the funds do clear in your account, otherwise, the penalties we incur will be forwarded to your account. Please also ensure that the debit orders are going off your account each month. We normally mark the accounts as paid once the debit order has been authorized (2 business days after the debit order date). If you are still receiving notifications 3 - 5 days after due date, please contact us, as there may have been a problem with your payment. Please note that even though debit orders are the best way to do payments, it is still up to the account holder to check their account each month to ensure the debit order has been enforced. If you pay your account via EFT, please ensure that payment has been made and cleared by the 1st of the month. The first payment needs to be made on accepting the contract, and before any work is done, unless a debit order is signed.
If any condition of this Agreement for any reason becomes unenforceable or is voided or declared invalid by a competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions.
The section headings in the text of the Agreement are for convenience only and have no independent legal force and shall not be interpreted in relation to the conditions of the Agreement.
The Supplier acknowledges that he has read this Agreement carefully and understood it completely and agrees to accept its terms and conditions.
The Copyright Owner may unilaterally change this Agreement. It is the Suppliers duty to review the changes from time to time on the site http://www.digiadssa.co.za where the text of the changes is published. The changes in the conditions of the Agreement shall come into force on the date of publishing on the site http://www.digiadssa.co.za, unless otherwise specified in the publication, and become mandatory for acceptance and satisfaction by the Supplier for further Use of the Website.
The Supplier acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the Supplier agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure.
The Parties acknowledge the legal validity of all documents that are sent by email. The documents sent by the Copyright Owner are considered created in the proper written form, if sent from ***@digiadssa.co.za or ***@coocoo.co.za.