These Terms of Service (“Terms”) govern your access to and use of our website and the digital marketing, paid media, web development, and affiliate marketing services (collectively, the “Services”) provided by Audience Connect (“we,” “us,” or “our”).
By accessing our website or engaging our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or Services.
1. Description of Services
Audience Connect provides high-performance digital architecture, including but not limited to:
- Affiliate Marketing Management
- Omni-Channel Paid Media Deployment (Meta, Google, LinkedIn)
- Custom WordPress Development and UX/UI Mockups
- Strategic Digital Consulting
No Guarantee of Specific Results: While our “Arbitrage Engine” and performance methodologies are designed to scale outcomes and maximise Return on Ad Spend (ROAS), digital marketing is inherently subject to market fluctuations, platform algorithm changes, and shifts in consumer behaviour. Audience Connect does not guarantee specific financial results, conversion rates, or traffic volumes.
2. Client Obligations
To ensure the successful deployment of our Services, you agree to:
- Provide Access: Grant Audience Connect the necessary access to your advertising platforms (e.g., Meta Business Manager, Google Ads), website CMS (e.g., WordPress), and analytics tools.
- Timely Feedback: Provide timely approvals, assets, and feedback required for campaign launches and web development phases. Delays on your end may affect project timelines and campaign performance.
- Compliance: Ensure that all products, services, and content you provide to us comply with all applicable laws, regulations, and advertising platform policies.
3. Fees, Ad Spend, and Payment Terms
A. Agency Fees
Fees for our Services (e.g., retainers, project fees, performance bonuses) will be detailed in a separate Statement of Work (SOW) or formal proposal. Unless otherwise stated, all invoices are due within [Insert Payment Terms, e.g., 14 days] of receipt.
B. Ad Spend Liability
Audience Connect is not responsible for your advertising spend. All ad spend (payments made directly to Meta, Google, LinkedIn, or affiliate networks) is your sole responsibility. You must maintain valid payment methods on these platforms. Audience Connect will not front ad spend on your behalf unless explicitly agreed upon in writing.
C. Late Payments
We reserve the right to pause campaigns, suspend web development, or withhold deliverables if agency fees are not paid in accordance with the agreed terms.
4. Intellectual Property
A. Client Assets
You retain all ownership rights to the logos, branding, images, and content you provide to us. You grant Audience Connect a non-exclusive license to use these assets solely for the purpose of providing the Services.
B. Agency Deliverables
Upon full payment of all associated fees, you will own the final deliverables created specifically for you (e.g., the final custom WordPress website, final ad creatives).
C. Proprietary Methodology
Audience Connect retains all rights, title, and interest in our proprietary strategies, internal blueprints, coding frameworks, and pre-existing analytical tools (the “Arbitrage Engine”). You may not reproduce, resell, or distribute our proprietary methodologies to third parties.
5. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information, trade secrets, business strategies, and financial data shared during the course of our engagement. Audience Connect will not disclose your sensitive business metrics to third parties without your consent, and you agree not to disclose our specific campaign structures or strategic blueprints.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Audience Connect and its directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, resulting from:
- Your access to or use of (or inability to access or use) the Services;
- Account bans, suspensions, or ad disapprovals by third-party platforms (e.g., Google, Meta) based on your business practices or industry;
- Any unauthorized access, use, or alteration of your digital assets.
In no event shall our aggregate liability exceed the total amount paid by you to Audience Connect for the Services in the three (3) months preceding the event giving rise to the claim.
7. Term and Termination
- Termination by Client: You may terminate our Services by providing written notice as specified in your SOW or individual contract (typically 30 days).
- Termination by Agency: We reserve the right to terminate or suspend our Services immediately, without prior notice, if you breach these Terms, fail to pay invoices, or engage in unlawful or unethical business practices.
- Upon termination, you remain liable for all ad spend incurred up to the termination date and any prorated agency fees for work completed.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved in the appropriate courts of South Africa.
9. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by updating the “Effective Date” at the top of this document. Your continued use of the website and Services following the posting of any changes constitutes acceptance of those changes.
10. Contact Us
If you have any questions about these Terms, please contact us at: info@audienceconnect.co.za