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.

Last Updated: January 15, 2025
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Table of Contents

  1. Acceptance of Terms
  2. Definitions
  3. Services Description
  4. Client Obligations
  5. Payment Terms
  6. Intellectual Property
  7. Confidentiality
  8. Limitation of Liability
  9. Termination
  10. Governing Law
  11. Contact Information

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:

  1. Direct negotiation
  2. Mediation by a neutral third party
  3. 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:

info@leadmanager.co.za
+27 60 829 4546
Cape Town, South Africa