Terms & Conditions
For the purpose of this agreement, Boost Marketing is a product developed and owned by Shopstar PTY LTD (Reg Nr 2014/192666/07)
By signing up with Boost Marketing you agree to the following terms of service. These terms may be updated from time to time, so we advise you to check back to ensure that changes do not impact you.
TERMS AND CONDITIONS OF SERVICE - MARKETING
Boost Marketing will provide professional services as outlined in the agreement below. The terms in this document, along with any associated documents or amendments (“Agreement”/”Terms”), shall apply to all of the Services provided by Boost Marketing (“We” / “Us” / “Our”) and You, the Customer (“the Customer” / “You” / “Your”).
The following expressions shall have the meanings assigned to them below, and cognate expressions shall bear corresponding meanings:
1.1. “Agreement” shall mean these Terms and Conditions of Service together with all Addendums hereto.
1.2. “Additional Boost Marketing Terms” shall mean the terms of any Proposals, Engagement Letters, Scope of Works, Contract renewals, or written amendments to this Agreement as agreed between Ourselves and You from time to time.
1.3. “Customer Data” shall mean all Personal Information of Data Subjects as well as any other information, content, resources, or IP provided to Us by You for the provision of the Services or otherwise collected by Us on Your behalf in providing the Services.
2. ACCEPTANCE OF THESE TERMS AND CONDITIONS
2.1. These Terms and Conditions, as read with any Additional Boost Marketing Terms, shall constitute a valid and binding Agreement between the Parties.
2.2. You agree to be bound by any affirmation, assent, communication, or agreement that You provide electronically to Boost Marketing.
2.3. You agree that when in the future You click on “I agree”, “I Consent”, “Submit”, or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
3. DESCRIPTION OF SERVICES
3.1. Boost Marketing provides a range of marketing services, including but not limited to digital marketing, social media management, content creation, and search engine optimization.
3.2. Specific services to be provided will be detailed in individual service agreements or proposals (“Service Agreements”) which shall form part of this Agreement.
4. FEES & PAYMENT FOR SERVICES
4.1. Fee Structure: By utilizing Boost Marketing's Services as outlined in our Proposal and Engagement Letter, you will incur various fees.
4.2. Annual Price Adjustment: We reserve the right to adjust our fees annually at our discretion. Any such price increases will be communicated to you in advance.
4.3. Fee Amendments: We may revise estimated costs and fees as stated in the Proposal prior to the initiation of any Services.
4.4. VAT Exclusive Fees: All fees outlined in our Proposals and Engagement Letters are exclusive of VAT.
4.5. Advance Payment Requirement: All fees are required to be paid in advance.
Digital Advertising Spend
4.6. Digital Ad Spend Billing Across Platforms:
4.6.1. Ad Spend fees for platforms including but not limited to Google, Facebook/Instagram (Meta), LinkedIn, TikTok, and YouTube are charged directly by the respective platforms on a monthly basis and are payable via your credit card.
4.6.2. When these platforms charge your credit card directly for ad spend, Boost Marketing will facilitate the collection of your credit card details on behalf of the respective platform.
4.6.3. Boost Marketing is not responsible for processing these transactions and shall not be held liable for any issues arising from direct billing by these platforms.
4.6.4. Invoices and statements from these platforms will be made available to you within 7–10 days following the end of each month. This is subject to the relevant platforms policies and may change.
4.7. Direct Payments to Digital Advertising Platforms:
4.7.1. Should Boost Marketing make payments to these digital advertising platforms on your behalf, you will receive an invoice for the respective ad spend fees.
4.7.2. You are required to settle all ad spend amounts monthly in advance.
4.7.3. You will bear all related payment and transfer fees.
Discounts and Prepayments
4.8. Prepayment Discounts: For fixed-term service agreements where fees are paid in advance, Boost Marketing may offer discounts at our sole discretion.
4.9. Cancellation Policy for Prepaid Terms: If you prepay under a discount arrangement and then choose to cancel during the prepaid term, no refunds will be issued.
4.10. Payment Methods: The methods of payment for all fees related to our services are specified in our Proposal and Engagement Letter. The default method is via credit card transactions through a payment gateway.
4.11. Payment Obligation: You agree to pay all amounts due under this Agreement. In the event of non-receipt of payment, you must make an alternative payment and provide proof within 3 business days.
4.12. Consequences of Non-Payment: Failure to pay fees within 3 business days will result in the pausing of your social and marketing accounts until payment is received.
4.13. Account Suspension: Non-settlement of outstanding invoices or advance fees may result in the suspension of your Google Ads, Facebook, Instagram, or other digital marketing accounts until payment is received.
4.14. No Withholding: You are not entitled to withhold any payments due to us under this Agreement for any reason.
4.15. Interest on Overdue Amounts: We reserve the right to charge interest on overdue amounts at a rate of 2% above the prime interest rate. This interest will be calculated monthly in arrears on all overdue amounts and capitalized on the last day of each month. Interest becomes due after 30 days of non-payment.
4.16. Service Upgrades: At your discretion, you may upgrade your current Services to more complex inbound marketing solutions. Any upgrades will be subject to the terms of this Agreement, as well as any additional Boost Marketing terms.
5.1. Boost Marketing is committed to protecting the privacy and security of Customer Data in accordance with applicable data protection laws.
5.2. All data collected and processed will be used solely for the purpose of providing the agreed services and will not be shared with third parties without consent, except as required by law.
6. REFUND AND CANCELLATION POLICY
6.1. Customers may cancel services in accordance with the terms set out in the Service Agreement.
6.2. Refunds, if applicable, will be processed in accordance with the terms specified in the Service Agreement.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property rights in any work created by Boost Marketing for the Customer shall remain the property of Boost Marketing, unless otherwise agreed in writing.
7.2. The Customer grants Boost Marketing a non-exclusive, royalty-free license to use any of the Customer's intellectual property necessary for the provision of the services.
8. LIMITATION OF LIABILITY
8.1. Boost Marketing's liability in connection with this Agreement shall be limited to the total fees paid by the Customer for the services.
8.2. In no event shall Boost Marketing be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided.
9.1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
9.2. Any amendment to this Agreement must be in writing and signed by both parties.
9.3. This Agreement shall be governed by and construed in accordance with the laws of The Republic of South Africa.
9.4. Any disputes arising out of this Agreement shall be resolved through mediation, and if unsuccessful, by arbitration in The Republic of South Africa.
In addition to any other indemnities provided for in this Agreement:
14.1. You Agree to Indemnify, Hold Harmless, and Cooperate with Us: As fully as reasonably required in the defense of any claim against us, and against any and all claims, liabilities, damages, costs, and expenses arising from or relating to:
14.1.1. Claims by Any Third-Parties Relating to Intellectual Property Rights Infringements: Arising out of our use of Customer Data or content in providing you our services.
14.1.2. Claims by Third-Parties (Including Data Subjects) Relating to Our Use of Any Customer Data or Customer Personal Information: In providing you our services.
14.1.3. Claims by Third-Parties (Including Data Subjects) Arising Out of a Cybersecurity Incident on Your Website/s: And/or
14.1.4. Unlawful or Negligent Actions Occasioned by You: In relation to this Agreement.
14.2. Our Right to Defense and Control: We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
15. LIMITATION OF LIABILITY
15.1. Exclusion of Certain Damages: Boost Marketing nor its parents, subsidiaries, or affiliates will be liable to you for any indirect, punitive, special, incidental, or consequential damage in connection with or arising out of this Agreement or the services (including loss of business, revenue, profits, use, data, or other economic advantage), however so arising.
15.2. Limitation to Specific Cause of Action: Our entire liability to you under this Agreement will be limited to the specific cause of action that gives rise to the liability.
16. LEGAL COSTS
In the event that Boost Marketing undertakes any action for the purpose of recovering debts owed by you under this Agreement, you will be responsible for covering all our associated legal expenses. This includes, but is not limited to, any outlays incurred by us or on our behalf by our legal representatives, as well as costs related to tracing and collection. These expenses will be calculated based on the standard rate applicable between an attorney and their client.
17. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION
17.1. The Vendor, Customer and Shopstar choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
17.1.1. Shopstar (Pty) Ltd
113 Loop Street, Cape TownWestern Cape8001
17.1.2. Vendor: The address as provided when registering on the Website.
17.1.3. Customer: The address as provided when registering on the Website.
17.2. Both the Vendor, Customer and Shopstar may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
17.3. All notices to be given in terms of the Terms will:
17.3.1. be given in writing;
17.3.2. be delivered or sent by email; and
17.3.3. be presumed to have been received on the date of delivery.
17.4. Notwithstanding the above, any notice actually received by the party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
18. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECT ACT")
18.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by Shopstar if and when Shopstar responds to the Data Messages.
18.2. Data Messages sent by Shopstar to a Vendor or Customer will be deemed to have been received by the Vendor or Customer, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.
18.3. Vendors acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between the Vendor, a Customer and Shopstar.
19. INFORMATION TO BE PROVIDED IN TERMS OF SECTION 43(1) OF THE ECT ACT:
19.1. The Vendor and Customer warrant that Data Messages sent to Shopstar from any electronic device used by it/he/she from time to time, were sent and or authorised by such user, personally.
20. GOOGLE ADS CREDITS - TERMS AND CONDITIONS
20.1 Boost Marketing is a Google Partner and is offering a Google Ads credit to new Google Ads accounts. The credit is subject to the following terms and conditions: