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Marketing Subscription

Addendum

SERVICE ADDENDUM: MARKETING PLANS & SUBSCRIPTIONS

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This Addendum is incorporated into and forms an inseparable part of the Master Terms and Conditions of Olivier Digital Studio (Pty) Ltd. It applies to all clients enrolled in recurring marketing, growth, or optimization retainers.

    • Covered Operations: Marketing subscriptions cover ongoing digital strategy and execution across Search Engine Optimization (SEO), Social Media Management (SMM), and Email Marketing as specified in the Client's active retainer tier.

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    • Media Budget Separation: All quoted monthly retainer fees represent specialized labor, asset creation, and campaign management executed by the Company. No paid advertising spend (e.g., Google Ads, Meta Ads, LinkedIn Campaign Manager budgets) is included in the retainer. The Client must provide separate payment credentials directly to the respective ad networks.

    • Payment in Advance: Marketing retainer services are billed monthly strictly in advance. The Company will only draft content, schedule posts, manage campaigns, or perform optimization work once the monthly invoice has cleared in full.

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    • Late-Payment Halts: If a marketing retainer invoice remains unpaid for more than 5 calendar days past its due date, the Company reserves the contractual right to pause all running campaigns, unschedule content calendars, and freeze SEO activities without any liability for drops in rankings, lead flow, or campaign performance.

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    • Cancellation and Retainer Notice: To cancel a marketing subscription or modify the retainer tier, the Client must provide a minimum of 30 days written notice via email prior to the next billing cycle. No refunds, partial or full, will be issued for cancellations made mid-cycle.

    • Active SEO Growth Limitations:

      • No Rank Guarantees: Search engine optimization is subject to proprietary, continuously evolving, and secretive third-party algorithms (such as Google and Bing). The Company applies professional, industry-standard white-hat strategies, but provides absolutely no guarantee, explicit or implied, that the Client’s website will achieve or maintain specific search positions, page-one visibility, or explicit organic traffic targets.​

      • Algorithm Updates: The Company is not liable for sudden drops in search engine ranking positions or organic index suppression caused by global algorithm updates implemented directly by search engine providers.

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    • Social Media & Digital Advertising Realities:

      • Platform Dependency: Social media marketing relies entirely on third-party platforms (e.g., Meta, Instagram, TikTok, LinkedIn). The Company is not responsible for localized platform outages, API changes, shadow-bans, or account suspensions actioned by the ad networks.​

      • Variable ROI: The Company constructs high-quality content and strategic targeting, but does not guarantee explicit commercial conversions, lead volumes, follower increases, or revenue numbers. Marketing performance is deeply influenced by consumer behavior and external market conditions.

    • The 3-Day Review Gate: To ensure consistency and avoid scheduling disruptions, the Company will present content calendars, copy drafts, and email designs to the Client for review. The Client must submit all requested adjustments or final sign-offs within 3 business days of receipt.

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    • Deemed Approval: If the Client fails to provide feedback or explicit sign-off within the 3-day window, the Company reserves the right to deem the content approved and publish or deploy it as scheduled to avoid account stagnation.

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    • Asset Provision Responsibility: If a marketing campaign requires specific client-side assets (e.g., internal product photography, staff bios, promotion details), the Client must deliver these in a timely manner. Delays on the Client’s side do not pause, reduce, or invalidate the monthly retainer invoice due date.

    • Factual Accuracy Vetting: The Client holds ultimate legal accountability for the factual and legal accuracy of all product descriptions, healthcare or financial claims, promotional percentages, and legal disclosures submitted to the Company for marketing creation. The Company will not be held liable for consumer protection claims, false advertising, or PR damages resulting from approved materials.

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    • Email Marketing & POPIA Compliance: When utilizing Email Marketing services, the Client warrants that all provided subscriber databases have been lawfully acquired, and that explicit consumer consent (opt-in) has been captured in compliance with South Africa's Protection of Personal Information Act (POPIA). The Company accepts zero liability for statutory fines or legal claims arising from data sent to unverified or unlawfully harvested email databases provided by the Client.

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    • Copyrighted Material: The Client warrants that all imagery, branding elements, and corporate materials handed to the Company for use in marketing campaigns are entirely owned by the Client or properly licensed. The Client indemnifies the Company against any third-party copyright or intellectual property infringement claims.

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