1. DEFINITION OF THE SERVICE
‘Inspired Marketing’ and ‘inspiredmarketing.co.za’ is the trade name and domain owned and operated by Inspire-d Business Design (Pty) Ltd registration No. 2012/211432/07 situated in Cape Town, South Africa. Inspired Marketing is a Digital Marketing Agency providing marketing communication services on behalf of contracted Clients, approved suppliers and other persons or entities in accordance with the agreed services as set out in the Marketing Service Agreement or as commissioned from time to time.
2. DEFINITION OF CLIENTS AND APPROVED SUPPLIERS
‘Clients’ are persons (a natural person or legal beneficiary) who place orders, or enter into an agreement of service, with Inspired Marketing, either verbally or in writing. ‘Approved Suppliers’ are persons (a natural person or legal beneficiary) who are approved to supply digital platforms and/or marketing services offered by Inspired Marketing, and who are authorized to promote and/ or operate their business activities through Inspired Marketing.
3. DEFINITION OF SERVICES TARIFF AND RATE CARD
The service tariff, exclusive of VAT, is set out in the Inspired Marketing Rate Card and subject to change as published from time to time.
4. SUPPLY OF SERVICES
Inspired Marketing and/ or its approved suppliers offer and supply services to the client, and the client receives the said services under the terms and conditions set out herein, as well as any additional terms and conditions set out in Inspired Marketing and Platform Operators agreements and terms of service, quotations/estimates, invoices and other documents that may be applied when supplying the client at the time of purchase.
5. CLIENT DATA
‘Client Data’ means any data, information, or material that Client provides to Inspired Marketing and the SaaS Platform. Inspired Marketing does not own Client Data. Client Data is Client’s proprietary and confidential information, and will not be accessed, used, or disclosed by Inspired Marketing except for the limited purpose of supporting Client’s use of the SaaS Platform.
6. INTELLECTUAL PROPERTY
6.a. All intellectual property in the Inspired Marketing business system, including but not limited to the text, diagrams, algorithms, equations, methods and concepts incorporated in the Inspired Marketing business system (insofar as same are not the intellectual property of other persons), the Inspired Marketing system processes and methods, the trade name ‘Inspire-d Business Design (Pty) Ltd’, ‘Inspired Marketing’, ‘inspiredmarketing.co.za’, the Inspired Marketing Logo, Trademark, Taglines, shall be, and continue to remain, the sole property of Inspire-d Business Design (Pty) Ltd. The client shall not question or dispute the ownership of such Intellectual Property at any time during the continuation in force of this agreement or thereafter. The client receipt of services will not entitle the client to any rights in and to the said Inspired Marketing business system, including the Logo, Trademark, Taglines, or the right to alter the system in any way.
6.b. Apart from receipt of services and the application of platforms and services, the client may not, without the written permission of Inspired Marketing, make use of the intellectual property referred to in clause 6.a. above. In particular, but without limiting the generality of the aforegoing, the client may not copy or replicate in any form, any part, or the entirety of, the Inspired Marketing business system.
It is recorded that, as a necessary part of the client receiving services from Inspired Marketing, the client may disclose confidential information to Inspired Marketing. Inspired Marketing and shall not disclose to any other person information of a confidential nature that is received or developed during the course of the client receiving services. However, Inspired Marketing is entitled to and shall disclose statistical information without notifying the client. Inspired Marketing is entitled to make use of the statistical information for the purpose of statistical analysis and the production of statistics and is entitled to make use of these statistics as it deems fit, which use shall include, but is not limited to, disclosure to the general public; disclosure to any person; the sale of statistical information and the right to profit by such sales and the right to use such statistical information to develop any product or method or any other thing. The client or respondents have no claim to any monies accruing to or received by Inspired Marketing, or any other person, pursuant to Inspired Marketing use of statistical information in terms of this clause.
8. EXCLUSION OF LIABILITY
Inspired Marketing does not warrant that the Inspired Marketing service and/ or system is fit for any particular purpose. In particular, and without limiting the generality of the aforesaid, Inspired Marketing does not warrant that the client receipt of services, advice or use of platforms operated by the Inspired Marketing business system shall produce any particular results for the client or for any other person. Furthermore, Inspired Marketing will not be held liable for any loss of or damage to property resulting from the provision of any of its goods or services. Client agrees to adhere to all policies, rules and procedures of all platforms including 3rd party platforms as set out by each platform supplier and indemnify Inspired Marketing from any action arising out of the use of these platforms.
9. TERM OF AGREEMENT AND TERMINATION
Services are offered on an automatic monthly renewable basis and may be terminated by mutual agreement giving one month written notice by either party. In the event of termination of an agreement, the client will be responsible for settlement of account for platform access and services provided, up to the end of the notice period.
In the event of either party (‘the defaulting party’) breaching any term of the Inspired Marketing agreement to supply service and/or these Terms and Conditions, after having received fourteen days written notice to remedy such breach, then the other party (‘the aggrieved party’) shall have the right, notwithstanding anything to the contrary herein contained, and without prejudice to any other rights the aggrieved party may have, to:
10.a. institute legal action for specific performance in terms of the agreement;
10.b. cancel the agreement.
INSPIRE-D Business Design (Pty) Ltd Reg.2012/211432/07