Terms of Services

Root Marketing (Smilicus Pty Ltd) offers the following services:

1. Subscriptions: Hosting, Emails, Webpage licenses, URL renewals and other applicable licenses pertaining to marketing or sales services (eg Mailchimp, Active Campaigns, etc) 
2. Website Setup, Design and Maintenance services
3. Digital Ad services: Google Adwords, SEO and Social Media Platform marketing
4. Digital Design Services include Logos, Photo editing, Pamphlet / Product leaflets / Printed ad design, General Digital Design
5. Merchandising, including Branded Items and clothing
6. Social Media marketing: Strategy and Implementation
7. Marketing and Sales Consulting

    

Subscription options: With reference to the applicable Service, Root Marketing (Smilicus Pty Ltd) offers the following subscriptions options for Hosting, Emails, Url and licences:

1. Monthly: Fees will be due monthly in advance and should be paid by the 1st Business Day of the applicable month. Subject to the provision of the Agreement, the Customer must give one calendar month’s written notice to Root Marketing (Smilicus Pty Ltd) in order to cancel this subscription.  
2. Annual: Fees are due and payable on or before the 1st Business Day of the commencement of the period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be renewed automatically for further annual renewal period(s), unless cancelled by Customer with at least one calendar month’s written notice to Root Marketing (Smilicus Pty Ltd), before the expiry of the applicable annual period.

Non payment of Subscriptions: Any fees not paid by the 15th of the following month of invoice month, will result in suspension of service.  After 3 (three) months of non payment it will result in complete termination of service that will result in the deletion of all data, databases, emails and content on the server for said subscription. Root Marketing (Smilicus Pty Ltd) can not be held responsible for any loss of data or content due to termination as it is within our terms of service and result of Client’s non payment/compliance. 

Quotes

• Quotes are only valid for 30 days and subject to product availability.  
• Design (Website & Other)
  • Acceptance of a quote for services and design carries a 50% depost. 
  • In the event a deposit is paid and the brief / content is not supplied by the client within 90 days, Smilicus Pty Ltd reserve the right to ament the quote
  • E-commerce qoutes are based on 10 -15 products, unless stipulated in the quote.  Any additional products will be invoiced per our hourly rate.
  • Any additional products or add-ons to the original quote will be re-quoted
• Products / Merchandise
  • All branded products must be paid 100% in full upfront before branding and commence.
  • In the event a product is no longer in stock, full repayment will occur or at client’s reqeust, we can place it on back order.

Website Setup, Design, Maintenance and Back-up 

• 50% deposit of Quoted amount will be payable before any work commence for New Websites or Website Redesign
• The client will have 2 (two) calendar weeks from the final website presentation to submit any content or layout changes.  If none is submitted by said time, the website will be deemed finalised and the client is liable for immediate payment of the remainder 50% of the website cost.
• In the event the client submits changes as per above, the changes will be made and the client will have 1 (one) calendar week to review and give feedback.  If no feedback or additional changes, the client is liable for immediate payment of the remainder 50% of the website cost.
• Text for the website should be supplied in an editable format, eg word or google docs.  PDFs, Brochures and other formats will not be accepted.
  • The client is responsible to ensure grammar and spelling of text produced to us is correct.  In the event changes need to be made to text after publishing on site, the additional time to change text will be charge to the client at our hourly rate.
  • We can offer creative writing and grammar services at an additional cost.
• Media (Images, videos and Logos) should be supplied in high resolution.
  • Images – Format Jpg/Png – at least 2mb per image
  • Videos should be supplied in a mp4 or mov format or the relevant youtube links should be supplied.
  • All images should be clearly mark, Homepage – Header / About Us
  • Any editing or resizing of images, logos or video will be charge in addition to the quote at our hourly rate. 
  • The client is responsible that the correct images, clearly labelled, are produced to us.  In the event changes need to be made or images need to be changes after publishing on site, the additional time to change images will be charge to the client at our hourly rate.
• In the event of a new brief or added functionality / Content / Pages to the signed off quote, an additional quote will be produced and depending on the workload / amount, Root Marketing (Smilicus Pty Ltd) will have the right to demand a 50% deposit before the additional work commences. The remainder of the quote or the full amount if deposit was not paid will adhere to website payment as per the above clauses.
• Non Payment of Final payment of website by 30 (thirty) calendar days from sign-off will result in suspension of Website till payment is made.
• Maintenance, Updates  and Backup of a website will be at the client’s discretion and  cost.  It will be charged at our current hourly rate.
• Average timelines
  • Brief to Quote – 2 working days
  • Final Content and Media Received to first Draft of website – 21 working days
  • Reverts on first draft – 5 -to 10 working days, depending on extent of reverts
  • Additional Reverts – 5 to 10 working days, depending on extent of reverts
  • Final Reverts to Website live – 5 working days
• Root Marketing (Smilicus Pty Ltd) can not be held liable for back-ups or system errors due to client’s refusal or non-directive for general maintenance, update or back-up.
• Root Marketing (Smilicus Pty Ltd) can not be held liable for Loss of website / Damage to website by client (including their third parties / service providers)

   

Digital Ad Service

• Services will be billed at hourly rate
• Ad Cost will be payable upfront 
• Full cost and analytics will be available on request once the ad / campaign is done.
• Root Marketing (Smilicus Pty Ltd) can suspend an ad/campaign due to non-payment by a client or if client is in arrears for other services.

   

Digital Design Service

• Services will be billed at hourly rate
• Any additional cost for stock images, etc will be for the client’s account.
• Root Marketing (Smilicus Pty Ltd) can suspend / withhold media/content/digital design due to non-payment by a client or if client is in arrears for other services.
• Open artwork files can be requested at R100 per file.

   

Merchandising

• Any design work needed will fall under Digital Design Services
• Full payment is needed before any branded items can be put into production
• Client will sign-off final artwork and be held liable for cost if changed or incorrect 
• The remaining 30% of Invoice will be due on the day of delivery.

   

Social Media Marketing

• Paid Social Media Campaigns / ads will fall under Digital Ad Services
• Social Media Strategy and Implementation will work on a retainer basis, payable on the last day of the month.
• Retainer or Once off Campaigns will be quoted on 
• Results will vary per client
• Analytics and Ad spent report will be available on request
• Non-payment can lead to suspension on implementation

   

Sales and Marketing Consultation

• Retainers will be payable on the last day on the month
• Services can be suspended due to non-payment, if payment is not made within 15 (fifteen) calendar days of invoice.
• Ad Hoc services will be charged at our hourly rate and due on presentation of invoice.

   

General Payment Terms

• Payments are due on presentation of Invoice
• Non – Payments can lead to service suspension/termination
• Accounts more than 60 (sixty) days in arrears will be charged a 6% interest from there onwards and payable along with full invoice before suspension is lifted
• The services of Third Party Debt Collectors may be implemented due to non payment of invoice older than 90 (ninety) days of invoice.
• Additional cost of the Third Party Debt Collectors will be for client’s account

   

Disclaimer

By utelising our services, you acknowledge that your have read and understand Root Marketing (Smilicus Pty Ltd)’s terms of service and will adhere to it.

Privacy Policy

Root Marketing (Smilicus Pty Ltd) and Your Privacy

We are committed to protecting the privacy of your personal information and will only collect, use or disclose this information in accordance with applicable laws and this privacy policy. By providing personal information to us, you accept and consent to our use of your personal information in accordance with this policy. If you disagree with the terms outlined in this policy or are younger than 18 years of age, please do not supply any personal information via our site, emails or social networks.

Your Information

You’ll be supplying information about yourself when corresponding with us or when using our websites, email network or social platforms. For example:

When you buy goods or services from us online (website, digital platforms , social media channels), over the phone or in person;
When you enter a Root Marketing (Smilicus Pty Ltd) promotion or competition (including via our websites or through social media sites) ;
When you register on our website or communicate via email or when you participate in blog discussions or other social media functions on our website;
When you contact us to request information about our company, products or services;
The information you supply may include your name, age, address, email address and phone number, financial and card payment information.

Information we collected and the use of cookies

Apart from the information you give us, we may also automatically collect information about you when you visit our website, this includes the use of cookies. Cookies are small data files that are downloaded onto your computer when you visit our website.

Examples of information we may collect include:

Technical information such as your computer’s IP address and your browser type;
Information about your visit such as the products you viewed or searched for, the length of your visit and the pages that you visited.
Cookies help us gather and store information about visitors to our website. They help our website remember what you chose on previous pages (to avoid having to re-enter information) and can help us to identify you as a unique visitor, tailor content based on past visitation and provide you with an optimised experience. Our cookies typically do not gather personally identifiable information.

If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, most of our website will not function if cookies are turned off. We therefore strongly recommend that you leave cookies fully functional. For more information about cookies and how to manage them, please see http://www.allaboutcookies.org/cookies.

How we use your information

The information you supply is generally used to provide you with a product or service which you have requested from us (for example, if you have purchased wine from us).

We will not use your information to market to you unless we have your implied or express consent. For example, if you purchased wine from us (or registered to do so), enquired about our products or entered a promotion in relation to our products, we may ask your consent to receive marketing materials about those products, or other products or brands which we think you may be interested in.

If you receive electronic communications from us, we will always provide you with an opportunity to unsubscribe from receiving further information from us.

We may also use the information we collect from you when you use our website (such as the areas of a website accessed by you and your IP address) to:

Administer our website and to try and keep our websites safe and secure;
Help us gain a better understanding of your likes and dislikes so to improve our website and the services we offer;
Allow you to participate in interactive features of our websites or social media campaigns;
Make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.
We may also share the cookie information we gather from our websites with our related companies for the above purposes.
Disclosure of your information

We will not disclose your personal information to third parties except:

with your consent.
where we are required or authorised by law to do so, for example to law enforcement agencies.
Access to your information

You have the right to access and change the personal information we hold about you. You can access and change your personal johan@rootmarketing.co.za or +27 (0)83 626 6688

Security

We take appropriate measures to keep your personal information secure. We have implemented physical and electronic procedures to protect the personal information we collect. If you have an account with us, you are responsible for maintaining the confidentiality of your account details including your password and are responsible for any activity under your account. We will not be responsible for any loss arising from your failure to comply with this obligation.

Terms and conditions

Important notice

Please read our terms and conditions of use carefully. Your use of our website and any of our services offered on this website will be subject to the then current version of our terms and conditions available on this website at the time of your use. If you do not accept our terms and conditions of use, you may not access our website or use any of our services available our website or digital platforms.
Our terms and conditions contain specific provisions to limit our liability. You should pay attention to these terms and conditions, since they limit your ability to recover losses that you may incur in connection with your use of our web site or digital platforms, including social media.
If you are not yet 18 years of age, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms and conditions of use prior to you accessing our website, digital platforms and social media. If you are under 18 years of age and fail to obtain such consent you may not access our website, digital platforms and social media, use the services or participate in the activities available.
We may change our terms and conditions of use from time to time. Such changes will take effect as and when we publish them. Therefore, you should keep up to date with the content and read these terms of use at all times prior to using our website, digital platforms and social media.
Should you have any questions regarding this site’s terms of use, please contact us directly via email johan@rootmarketing.co.za or phone +27 (0)83 626 6688.

General Terms

For your convenience, we have listed below some general information about ourselves:

“We” are Root Marketing (Smilicus Pty Ltd)  and “us” and “our” have a corresponding meaning herein.
We are a private company incorporated in accordance with the laws of the Republic of South Africa.  Our Company Registration Number, Postal and Physical address will be made available on request via our email: johan@rootmarketing.co.za

Our telephone number: +27 (0)83 626 6688
Our e-mail address is johan@rootmarketing.co.za

Definitions

In these terms of use:

Products mean any goods or other products that are made available by us via this website, our digital platforms and social media
We, us and our means Root Marketing (Smilicus Pty Ltd)
You mean the user of this website, our digital platforms and social media channels
Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms and conditions.
General terms of use

You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this website and the services offered on it.
You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner.
We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify as directly via email or phone if you have a complaint about the activities of, or content submitted by a user of this site.
We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
Notwithstanding that this website, our digital platform or social media channels may contain links to third party websites and that some third party websites may contain links to us we do not control, endorse or approve the activities or content of any such third party websites. Please contact the relevant website proprietor or social media channel if you have a complaint about the activities or contents of a third party website, digital platform or social media channel.
Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this website, our digital platforms and social media platforms belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
The downloading and use of data contained on this website, our digital platforms and social media channels is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
Access to our website services, digital platforms and social media channels are provided to you free of charge, unless otherwise stated. Reliance on and use of our website, digital platforms, social media channels, all content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of this site or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our product offer, service offer, ordering service, events, restaurant and accommodation. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our contact and ordering service. If you continue to use this site after our amended terms of use has been posted on the website, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
You will be required to choose a username and a password when registering with us or using some of our services. You are responsible for keeping your username and password secret. You will be required to enter your username and password every time you want to use one of our subscription or ordering services. You accept that you will be personally liable for all transactions concluded on your account.
We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use, experience and visits to our website, digital platforms and social media platforms. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our website, digital platforms and social media channels, and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.
These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site.
These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.
Competitions

Unless expressly stated otherwise these terms and conditions will apply to all competitions offered on our website, digital channels and social media channels. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on the platform the competition is running, be it our website, digital channels or social media channels. The competition offer will set out at least the following:
The prizes on offer
The steps required to participate
The basis for determining the winners
The closing date
How the winners will be made known
Where, when and from whom prizes are to be claimed
The address of the web pages where the competition rules and these terms can be obtained
All competitions offered on our website and/or digital platforms and/or social media channels will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
Anyone working for us or their immediate family or the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) are excluded from the competition.
The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
Any entrant may be required to submit proof of age. If you are not yet 18 yers of age, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
The judges decision will be final. We will not enter into correspondence.
All entrants’ information will be used only in accordance with our Privacy Policy
Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
We reserve the right not to award a prize in any situation where it would be unlawful to do so or certain minimum conditions pertaining to the competition is not met, e.g. minimum of 20 entrants.
Multiple winners may be subject to tie-break to decide an outright winner.
We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
Your name and place of residence may be published when winners are announced.
Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
No cash alternative is available to any prize unless expressly stated otherwise.
Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
You enter our competitions at your own discretion and risk. We, our affiliates, competition partner/s and their respective shareholders, employees, officers and representatives shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition, save to the extent that such liability may not be excluded under applicable law.
Complaints

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit your complaint via email johan@rootmarketing.co.za.

We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:

Your full names, physical address, telephone number and email address;
The location and description of the service feature or transaction which is the cause of your complaint;
The problem with the service or transaction or rights that you allege to be infringed by such feature or component.
The actions you would like us to take to remedy the problem.
A statement confirming that you are making the complaint in good faith;
A statement confirming that the information you are providing to us is to the best of your knowledge true and correct.

Contact us

If you have any questions or concerns about our Privacy Policy please contact us at johan@rootmarketing.co.za or +27 (0)83 626 6688