Client Terms and Conditions

  Jeroen Seynhaeve     2023-02-20



Company

  1. Jeroen Arthur Seynhaeve trades as a sole proprietorship under the name of Online Brand Ambassadors™ (CIPC 2023/24544). We are registered for tax in South Africa, but not registered for VAT.

Services & Qualifications

  1. We specialise in the development and management of digital marketing strategies, including websites, digital advertising and social media campaigns, as well as in legal opinions and compliance frameworks for data privacy.
  2. With academic degrees in law (LLM, Leuven) and philosophy (MPHIL, Stellenbosch), and 20 years of expertise in digital advertising strategy, development and management, we deliver services, opinions and products to the best of our abilities.

Billing & Quotations

  1. Our quotations define our full and final consent on rights and obligations with regard to the work as specified, and exclude assumptions that have not been explicitly stipulated in writing.
  2. Full and final instructions and resources (including graphic and textual material, server access, as well as all legally pertinent facts) must be received before we commence work on the Start Date, failure of which may delay the End Date.
  3. Our quotations include an estimation of total cost for the services and/or products as specified at the time of the quotation. Additional work – which is work, meetings or products not specified in our quotation and requested by Client, or unexpected complications that could not have been foreseen at the time of the quotation – will be additionally charged at our hourly rate, after we notify you of the increase.
  4. Quotation costs are based on estimated time required to provide our services to the best of our abilities.
  5. Written approval of our quotation and deposit of 50% of total estimated amount is required before we commence work. You accept that delays in receiving the deposit will affect the Start Date.
  6. For development, advertising and legal consulting projects, we keep track of billable hours and invoice at the end of the month. For website and email hosting, and for domain administration, we invoice annually (advance payments).
  7. Our hourly fee is ZAR950 or EUR65.

Liabilities & Warranties

General

  1. While we do promise to work to the best of our abilities, we make no promises in terms of commercial success, statistical results, or popular appreciation of any project connected to our services, and shall not be held responsible or liable for any loss, or lack of, profits related to our advertising applications or strategies. In addition, you accept that we are not liable for damages or loss of benefits, if these damages or loss of benefits are due to factors outside of our control, including agreements between you and third parties (e.g. hosting companies, design and advertising agencies, etc), late delivery outside of Online Brand Ambassadors’ control, your actions (e.g. delay in timeline approvals or content delivery, or the manner in which online applications are managed by you) or hacking, phishing, spamming, trolling or any other malicious internet practices.
  2. Jeroen Seynhaeve T/A Online Brand Ambassadors remains the sole legal owner of all proposals, strategies, designs, opinions, software, and any other tangible or intangible resources that are produced or purchased as part of our Agreement, until the final invoice is satisfactorily settled, at which point in time legal ownership shifts to the Client, excluding design files, drafts, plans, programming code, and alternative ideas.

Website Development & Management

  1. When website development and/or management is part of our agreement, you agree that the website is functioning correctly at the time of delivery. Jeroen Seynhaeve T/A Online Brand Ambassadors are not liable for damages or loss of benefits if the website stops functioning or functions unsatisfactorily due to the way you manage the website, or due to third parties, such as hosting and telecommunications companies, or due to malicious access to your website or any other malicious internet practices.
  2. You accept that a website is stored on a server, and is depending on the speed, disk size and security measures of that server. In other words, the performance and reliability of your online application depends on the performance and reliability of the server that hosts it. If we don’t host your online application, you accept that we are not responsible for how hosting affects the functionality of our applications.
  3. You accept that a website is vulnerable to malicious access, abuse and damage, and that programming code gets deprecated from time to time. You accept that, in order for us to protect your online application to the best of our abilities, it needs to be monitored, its coding and software maintained, and in the event of unauthorised access or errors, fixed. Not doing so may result in your online application becoming inaccessible online.
  4. You accept that, due to discrepancies in screen, browser and device specs, a website may appear differently in various browsers, on various operating systems and on various devices.
  5. For website and email hosting (only), Jeroen Seynhaeve T/A Online Brand Ambassadors operates as a reseller for xneelo.co.za. This means that we manage the hosting of your website and email accounts on servers that are owned and managed by xneelo.co.za and that may be located either in South Africa or Germany. As a consequence, when you contract us to manage your website and email, you (and anyone with access to your website and email server) are bound by our as well as by xneelo’s terms and conditions, and by any legislation pertaining to data and consumer protection, cyber crime, electronic communications, or any other applicable matter.

Digital Advertising

  1. Social media marketing is measured on the basis of account followers, and post views and interactions, We report once a month.
  2. Google Ads’ machine-learning algorithms require at least 3 months to optimise performance, during which we continuously tweak our ads in line with Google’s recommendations. Google Ads performance is measured on the basis of “impressions”, “click-through-rate” and/or “conversions”. We report once a month.

Data Privacy Compliance

  1. When we provide legal opinions or draft legal documents on your behalf, you accept that we provide this to the best of our knowledge, skills and training, and you accept that you will not hold us liable for legal action against you in which our opinions or documents are contested. Compliance with data privacy regulation remains, after all, your responsibility. The fact that we advise on how to be compliant does not imply a transfer of that responsibility to us.

Transparency, trust, and respect

  1. If you’ve made it to the end of these Terms and Conditions, please accept that we hope that we never have to invoke any of these stipulations, and look forward to working with you on this project in a context of transparency, trust, and respect.
"Our relationship with you is personal, and we love being part of a team"