"Service Provider" refers to Magic Apples Marketing cc T/A Webeasy
"Client" refers to the individual, company, or organisation engaging the Service Provider's services
The Service Provider agrees to provide website development, website hosting, branding, social media management,
Google Ads management, digital marketing services, and any other services agreed upon in writing.
This agreement operates on a month-to-month basis and has no fixed term.
Monthly service fees are payable in advance.
Invoices will be issued on or around the 25th day of each month.
Additional work requested outside the agreed monthly scope will be billed separately and added to the next
invoice. All additional work will be quoted before commencement and work will only commence on acceptance of
quote.
Full payment of the invoice is due on receipt of invoice unless otherwise agree in writing.
The Client agrees to:
Provide all information, content, approvals, and materials required to complete the services as quoted.
Report any changes with regard to contact details, billing details, and authorised contact persons
immediately.
Respond to approval requests within a reasonable timeframe.
All social media content must be approved by the Client prior publication.
Content will only be posted once approved and the applicable service fees have been paid.
The Service Provider will not be held responsible for delays caused by late approvals or payments.
Scenario A
If the Client already had the Google Ads account and gave the service provider access or if we built a
brand-new account specifically for the Client using their corporate billing details, the account belongs to the
Client. The Client has rights to:
Campaign Structure: The ad groups, keyword lists, match types, and budget settings.
Historical Performance Data: Impressions, clicks, conversion data, and quality scores built up over the
months.
Ad Copy: The responsive search ads, headlines, and descriptions you wrote.
Conversion Tracking Configurations: Google Tag Manager setups or conversion actions linked to the account.
Scenario B
If the Google ad campaigns are built inside a generic account owned by the service provider, the ad spend has
been paid by the service provider, and the Client invoiced for work carried out, the account belongs to the
service provider. The service provider is not obligated to hand over the account. The Client must start their
own account and Google profile.
The Client may not use any website, hosting service, email service, or digital platform provided by the Service
Provider for:
Illegal activities.
Fraudulent or misleading activities.
Copyright infringement.
Malware distribution, spam, phishing, or any activity that is illegal and/or may damage the Service
Provider's reputation or systems.
The Service Provider reserves the right to immediately suspend services that breach this clause.
All content, logos, images, text, and materials supplied by the Client remain the property of the Client.
All designs, code, strategies, templates, processes, and creative work remain the property of the Service
Provider until paid for in full.
Ownership of completed work transfers to the Client only after all outstanding invoices have been settled.
Either party may terminate this agreement by providing one calendar month's written notice.
Notice of cancellation must be submitted in writing via email.
Services will continue during the notice period.
No transfer of websites, hosting, domains, files, content, or access credentials under the Service
Provider's control will take place until all outstanding amounts have been paid in full.
The Service Provider may suspend services if:
Payments are overdue.
The Client breaches this agreement.
The Client engages in unlawful or unethical activities.
The Service Provider shall not be liable for:
Loss of profits.
Business interruption.
Third-party platform outages.
Search engine ranking changes.
Social media platform changes.
Any indirect or consequential losses.
The Client remains responsible for all third-party costs including, but not limited to:
Domain registrations.
Hosting fees.
Google Ads spend.
Stock photography.
Software subscriptions.
Premium plugins or licences.
While reasonable measures will be taken to maintain website security and backups, the Service Provider does
not guarantee protection against all cyber threats, hacking incidents, malware attacks, or data loss.
The Service provider is responsible for keeping a back up of the current website.
Should the Client request the transfer of a website, hosting account, domain, or associated services to
another provider, all outstanding amounts must first be settled in full.
Transfer assistance may be charged at the Service Provider's standard hourly rate.
The Service Provider is not responsible for any loss of functionality, data, email services, rankings, or
performance resulting from a transfer to another provider.
Accounts outstanding for more than 7 days may be subject to service suspension.
Accounts outstanding for more than 30 days may be subject to termination of services.
The Client shall remain liable for all costs incurred in recovering overdue amounts, including legal fees
and collection costs where permitted by law.
Any work, design, content, advertisement, or campaign approved by the Client shall be deemed accepted.
The Service Provider shall not be liable for errors, omissions, or inaccuracies once approval has been
granted by the Client.
This agreement shall be governed by the laws of South Africa. Any dispute arising from these Terms and
Conditions shall be subject to the jurisdiction of the courts of South Africa