Terms and Conditions
Please read these terms and conditions carefully before using our services. By engaging with Lead Manager, you agree to be bound by these terms.
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Table of Contents
Acceptance of Terms
By accessing and using the services provided by Lead Manager (Pty) Ltd ("Company," "we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").
Important Notice
These Terms constitute a legally binding agreement between you and Lead Manager. If you do not agree to these Terms, you may not use our services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.
Definitions
For the purposes of these Terms, the following definitions apply:
- "Services" refers to all digital marketing services provided by Lead Manager, including but not limited to SEO, PPC advertising, social media marketing, content creation, web design, and lead generation.
- "Client" means any individual or entity that engages Lead Manager for services.
- "Agreement" means the contract between Lead Manager and the Client, including these Terms, any service proposals, and signed contracts.
- "Confidential Information" includes all non-public information shared between parties.
- "Intellectual Property" includes all copyrights, trademarks, trade secrets, and proprietary information.
- "Website" refers to Lead Manager's website at www.leadmanager.co.za
Services Description
3.1 Digital Marketing Services
Lead Manager provides comprehensive digital marketing services including:
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) Advertising Management
- Social Media Marketing and Management
- Content Creation and Marketing
- Website Design and Development
- Lead Generation and Conversion Optimization
- Analytics and Reporting
- Brand Strategy and Consulting
3.2 Service Delivery
Services will be delivered according to the agreed scope of work outlined in the service proposal or contract. Timelines and deliverables will be specified in the individual service agreements.
Performance Disclaimer
While we strive for optimal results, digital marketing outcomes can vary based on numerous factors beyond our control, including market conditions, competition, and algorithm changes. We cannot guarantee specific results or rankings.
3.3 Third-Party Platforms
Our services may involve third-party platforms (Google, Facebook, etc.). We are not responsible for changes to these platforms' policies, algorithms, or terms of service that may affect campaign performance.
Client Obligations
4.1 Information Provision
Clients must provide accurate, complete, and timely information necessary for service delivery, including:
- Business information and objectives
- Access to relevant accounts and platforms
- Brand guidelines and assets
- Target audience information
- Budget parameters and constraints
4.2 Compliance
Clients must ensure their business practices comply with:
- All applicable laws and regulations
- Industry standards and best practices
- Platform terms of service
- Advertising standards and guidelines
4.3 Communication
Clients agree to maintain regular communication and respond to requests for information within reasonable timeframes to ensure project success.
Payment Terms
5.1 Fees and Billing
Service fees are outlined in individual proposals or contracts. Payment terms include:
- Setup fees (if applicable) due upon contract signing
- Monthly retainers due in advance
- Project-based fees as specified in agreements
- Ad spend managed separately from management fees
5.2 Payment Methods
We accept payment via:
- Electronic Funds Transfer (EFT)
- Credit/Debit Cards
- Direct Debit (with authorization)
5.3 Late Payments
Late payments may result in:
- Suspension of services after 7 days
- Interest charges of 2% per month on overdue amounts
- Termination of services after 30 days
- Recovery costs and legal fees
Refund Policy
Setup fees and completed work are non-refundable. Monthly retainers may be prorated for early termination with 30 days' notice, subject to contract terms.
Intellectual Property
6.1 Client-Owned Content
Clients retain ownership of:
- Existing brand assets and trademarks
- Business information and data
- Content provided by the client
6.2 Lead Manager-Created Content
Lead Manager retains ownership of:
- Proprietary methodologies and processes
- Templates and frameworks
- Campaign strategies and structures
Upon full payment, clients receive usage rights to content created specifically for their campaigns, excluding proprietary methodologies.
6.3 Third-Party Content
All third-party content used must comply with licensing agreements and copyright laws. Clients are responsible for obtaining necessary permissions for their content.
Confidentiality
7.1 Mutual Confidentiality
Both parties agree to maintain confidentiality of:
- Business strategies and proprietary information
- Financial information and performance data
- Customer lists and market intelligence
- Technical processes and methodologies
7.2 Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available
- Was known prior to disclosure
- Is required to be disclosed by law
- Is approved for disclosure in writing
7.3 Duration
Confidentiality obligations survive termination of the agreement and remain in effect for 5 years.
Limitation of Liability
8.1 Service Limitations
Lead Manager's liability is limited to the total amount paid by the client in the 12 months preceding the claim.
8.2 Exclusions
We are not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Third-party platform changes or outages
- Client's failure to implement recommendations
- Market conditions or competitive factors
Important Limitation
Digital marketing involves inherent risks and uncertainties. Results cannot be guaranteed, and performance may vary based on factors beyond our control.
8.3 Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or technical failures.
Termination
9.1 Termination by Client
Clients may terminate services with 30 days' written notice. Early termination may result in:
- Completion of work in progress
- Final billing for services rendered
- Transfer of account access and data
9.2 Termination by Lead Manager
We may terminate services immediately for:
- Non-payment of fees
- Breach of terms
- Illegal or unethical business practices
- Failure to provide necessary cooperation
9.3 Post-Termination
Upon termination:
- All outstanding fees become immediately due
- Access to accounts and platforms will be transferred
- Confidentiality obligations remain in effect
- Data will be provided in standard formats
Governing Law
10.1 Jurisdiction
These Terms are governed by the laws of South Africa. Any disputes will be resolved in the courts of Cape Town, Western Cape.
10.2 Dispute Resolution
Before initiating legal proceedings, parties agree to attempt resolution through:
- Direct negotiation
- Mediation by a neutral third party
- Arbitration if mediation fails
10.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
Contact Information
For questions about these Terms and Conditions, please contact us: