Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of emeraldmedia.io (the "Site") and any digital marketing services provided by Emerald Media ("we", "us", "our", "the Agency"). By accessing the Site or engaging our services, you ("you", "the Client") agree to be bound by these Terms.

If you do not agree to these Terms, please do not use the Site or our services.

Emerald Media provides digital marketing services, which may include (without limitation): paid media strategy and management, Meta/Google/TikTok/LinkedIn/Pinterest advertising campaign setup and management, analytics and tracking implementation (e.g. Google Tag Manager, GA4, Meta Pixel), copywriting, and related digital marketing consulting.

Specific services, deliverables, timelines, and fees for a given engagement will be set out in a separate proposal, quote, or Statement of Work ("SOW"), which forms part of the agreement between us where signed or accepted by both parties.

You agree to use the Site only for lawful purposes. You may not:

• Use the Site in any way that could damage, disable, or impair it
• Attempt to gain unauthorised access to any part of the Site or related systems
• Use automated means (bots, scrapers) to access the Site without our permission
• Copy, reproduce, or distribute Site content without our written consent

Where you engage us for services, you agree to:

• Provide timely, accurate information, brand assets, and approvals required for us to perform the services
• Ensure you have the necessary rights and consents to any data, images, customer lists, or content you provide us (including for use in advertising audiences)
• Maintain active, accessible advertising and analytics accounts (e.g. Meta Business Manager, Google Ads) with appropriate access granted to us
• Pay all fees in accordance with the agreed proposal/SOW and invoicing terms

• Fees are as set out in the applicable proposal, quote, or SOW.
• Unless otherwise agreed, invoices are payable within 7 days of the invoice date.
• Advertising spend (media budget) is separate from our management fees, unless explicitly stated otherwise, and is typically billed directly by the advertising platform (e.g. Meta, Google) to the client's payment method.
• Late payments may incur interest and/or suspension of services, at our discretion.
• All fees are exclusive of VAT unless stated otherwise.

While we apply industry expertise, data analysis, and best practice to all campaigns we manage, we do not guarantee specific results, including but not limited to click-through rates, cost per lead, return on ad spend (ROAS), conversion rates, or revenue outcomes. Digital advertising performance is influenced by numerous factors outside our control, including platform algorithm changes, market conditions, competitor activity, client website/product performance, and third-party platform policies.

• All content on the Site (text, graphics, logos, design) is owned by or licensed to Emerald Media and protected by applicable intellectual property laws, unless otherwise stated.
• Deliverables created specifically for a client under a paid engagement (e.g. ad copy, creative assets) become the property of the client upon full payment, unless otherwise agreed in the SOW.
• We retain the right to showcase completed work in our portfolio, case studies, and marketing materials, unless the client requests confidentiality in writing.
• Any pre-existing tools, frameworks, templates, or methodologies used by the Agency remain our intellectual property.

Our services rely on third-party advertising and technology platforms (e.g. Meta, Google, WordPress/WooCommerce hosting). We are not responsible for outages, policy changes, account suspensions, or data issues caused by these third-party platforms, though we will act reasonably to help resolve such issues where they affect a client's campaigns.

Both parties agree to keep confidential any non-public business, financial, or strategic information disclosed during the course of the engagement, and not to disclose it to third parties without consent, except as required by law.

To the maximum extent permitted by law:

• Emerald Media's total liability arising from or related to services provided shall not exceed the total fees paid by the client for the specific service giving rise to the claim in the preceding three (3) months.
• We shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunity.
• Nothing in these Terms limits liability that cannot be excluded under South African law.

• Either party may terminate an ongoing engagement by providing 60 (sixty) days written notice, unless otherwise specified in the SOW.
• We reserve the right to suspend or terminate services immediately in cases of non-payment, breach of these Terms, or unlawful use of our services.
• Upon termination, the client remains liable for fees for work performed up to the termination date.

You agree to indemnify and hold Emerald Media harmless against any claims, losses, or damages arising from your breach of these Terms, your provision of unlawful or unauthorised data/content to us, or your misuse of advertising platforms or the Site.

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the non-exclusive jurisdiction of the South African courts.

We may update these Terms from time to time. Continued use of the Site or our services after changes take effect constitutes acceptance of the revised Terms. Material changes affecting active client engagements will be communicated directly.

Emerald Media

Email: info@emeraldmedia.io

Website: emeraldmedia.io