Terms of Services
DB Digital (PTY) Ltd.

Some Background Info: We Are Not Salespeople - We Are Marketers

Marketing and sales are both vital to the success of a business, but they serve different purposes within the organisational structure and contribute to the growth of a company in distinct ways. Understanding the difference in purpose between these two functions is crucial for creating effective strategies that maximise a business's potential.

Purpose of Marketing:

  • Brand Awareness and Lead Generation: Marketing's primary goal is to build brand awareness and generate interest in the company's products or services. By creating a strong brand image and engaging potential customers, marketing efforts aim to attract leads and nurture them until they are ready to make a purchase.

  • Market Research and Strategy: Marketing involves extensive research to understand market trends, customer needs, and the competitive landscape. This research informs the development of comprehensive marketing strategies that align with business objectives and target audience preferences.

  • Communication and Education: Marketing communicates the value proposition of the company's offerings to the target audience. Through various channels and content formats, it educates potential and existing customers about product features, benefits, and use cases, aiming to influence their perception and preferences.

  • Customer Engagement and Retention: Marketing also focuses on building and maintaining relationships with customers. By engaging customers through personalised content, loyalty programs, and feedback channels, marketing efforts aim to enhance customer satisfaction and loyalty, encouraging repeat business and referrals.

Purpose of Sales:

  • Conversion of Leads to Customers: Sales takes over once marketing has successfully attracted leads, focusing on converting these leads into paying customers. Sales representatives engage directly with prospects, addressing their concerns, answering questions, and negotiating deals to close sales.
  • Relationship Building: Sales involves building personal relationships with potential and existing customers. By understanding individual customer needs and preferences, sales representatives can tailor their approach to each prospect, fostering trust and long-term relationships.
  • Revenue Generation: The primary purpose of sales is to generate revenue for the company. By closing deals and increasing the customer base, sales directly contribute to the financial health and growth of the business.
  • Feedback Loop to Marketing: Sales provides valuable feedback from the customer front lines to marketing. Insights about customer needs, objections, and the effectiveness of marketing messages help refine marketing strategies and tactics, ensuring they remain aligned with market realities and customer expectations.
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  • Marketing focuses on attracting and nurturing potential customers by building brand awareness, engaging with the audience, and communicating the value of the company's offerings. Sales, on the other hand, focuses on converting these potential customers into actual buyers through direct interaction, negotiation, and relationship-building. Both functions are interdependent, with marketing setting the stage for sales and sales providing critical feedback to inform marketing strategies. Together, they drive the growth and sustainability of a business.

     

1. Introduction

Welcome to DB Digital! Our digital marketing services are designed to enhance your online presence and engagement across various digital platforms. By accessing our website (dbdigital.co.za) and using our services, you agree to be bound by these Terms of Service (ToS), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you disagree with any part of these terms, you may not access the service.

 

2. Business Details

Full Legal Name: DB Digital (PTY) Ltd.

Type of Business Entity: Private Company

Principal Place of Business: Remote Online (Work From Home)

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Contact Information:

Email: [email protected]

Governing Law: South Africa


3. Services Offered

DB Digital offers comprehensive digital marketing services, including but not limited to:

 

  • Web Design and Maintenance

  • Content Marketing

  • Social Media Marketing

  • Search Engine Marketing

Videography services are exclusively available within the City of Cape Town Municipality and surrounds. Services are available to all users within South Africa, subject to contractual capacity under South African law. Video editing is available nationwide.

 

4. Client and Service Provider Responsibilities


All parties involved are required to:

 

  • Ensure open, clear communication with DB Digital, providing necessary information and content in a timely manner.

  • Adhere to the laws of South Africa in all dealings.

  • Make timely payments for services, due by the last business day of each month, with a one-day grace period for failed payments. An official email must explain any failed payments within 24 from the due date.

  • Respect service limitations, including business hours and contracted services. Any additional services provided by DB Digital outside of the original agreement between all parties is provided solely at DB Digital's discretion.

  • Adhere to all parameters of the agreement they have with DB Digital, including service limitations.

  • Both parties are required to collaborate efficiently and openly with each other for the success of all marketing campaigns.

  • The client is responsible to give proper, correct, and timely briefing before any service is rendered. Once payment reflects in DB Digital's bank account for services to be rendered, the client is expected to provide adequate briefing immediately, if not provided already. It is the client's responsibility to ensure that DB Digital receives and understands the correct briefing for work to be done before services commence. DB Digital will not be held responsible for any content produced that is not aligned with the client's requirements if an inadequate or incomplete briefing was given beforehand.

  • Disrespect, prejudice, or discrimination in any form from either party is unacceptable and will not be tolerated, and will be considered gross misconduct and means for service termination. Both parties are required to collaborate in a mature, respectful manner for the sake of the client's success.


5. Intellectual Property

Ownership and Rights: All content produced by DB Digital in rendered services is owned by or licensed to the respective client. However, DB Digital reserves the right to make use of materials produced from rendered services as part of its portfolio or promotional content.

Client-Generated Content: DB Digital reserves the right to use client-generated content for promotional purposes, adhering to South African laws.

Prohibited Use: Clients must not infringe upon the intellectual property rights of others with the content provided or used in conjunction with DB Digital's services.

 

6. Payment Terms

All payments are due by the last business day of each month (payment made, proof of payment sent, and money reflected in DB Digital's bank account), with a 2% interest rate on the nominal amount due per day of late payments, for up to 10 days. After which, if payment has not reflected, clients' services will be suspended. Clients are required to notify DB Digital via an official email detailing the reasons for any failed payment or expected late payments. If no valid explanation is provided for failed payment by the first day of the next month, services are suspended with interest until the client's payment reflects in DB Digital's bank account. A minimum deposit of 50% is payable before new website design or setup projects commence. The remainder of the deposit is payable upon the first round of official written feedback of the agreed setup (i.e. web design or social media profile setup). For the remainder of the month in which the balance of the deposit is paid, feedback and final touches are provided to prepare for the first month's retainer work. Payments are due in advance for retainer work. The first retainer invoice is sent within the month of setup completion. It is the responsibility of the client to ensure that DB Digital has received the necessary information and access to render their services once payment is made. Payments are non-refundable on the grounds that clientele pay for services rendered, and not for specific results. Nothing in marketing is guaranteed, but our best efforts are.

 

7. Terms and Termination


7.1) Service provisions continue with payment indefinitely unless terminated by either party with a written notice of 30 days including full payment for the next month which falls within said 30 days.
7.2) Grounds for termination include but are not limited to a breach of contract, gross misconduct, or insolvency of either
party.

7.3) DB Digital reserves the right to terminate any agreement with any client for any reason, especially in cases where the relationship between the two parties compromises the integrity of DB Digital and its core values.

7.4) Upon completion of initial work (i.e. in website design projects, finishing the initial structure, layout, content, and design), the handover process begins, wherein clients are required to send their official feedback in writing, for necessary amendments to be made, within seven (7) full days, one (1) week. Clients are required to settle the balance of their deposit during this period of time. DB Digital is bound to perform whatever necessary amendments are required within the same seven-day period. Thereafter, any and all feedback and amendments are accepted at the sole discretion of DB Digital. DB Digital reserves the right to reject any further feedback and amendments once the 7-day handover period has lapsed.

7.5) "Necessary amendments" are classified as follows:

- Any content (both visual, textual, or otherwise) that meets any of the following criteria:

    1. Mostly (more than 60%) inaccurate.
    2. Mostly (more than 60%) irrelevant.
    3. Absolutely (100%) false.

DB Digital reserves the right to reject any amendments that:

A) stand to compromise the quality of its work or processes.
B) stand to compromise the core values of DB Digital.
C) place (or intend to place) either DB Digital or any of its clients at risk of legal liability.
D) threaten the integrity of both DB Digital and its clients' security.
E) any other reason not listed here, at DB Digital's discretion, which is reasonable or rational.

 

 

 

8. Disclaimers and Limitations of Liability

DB Digital provides services "as is" without warranty. DB Digital is not liable for indirect, incidental, or consequential damages arising from the use of our services. Users agree to indemnify DB Digital against all liabilities, costs, demands, damages, and expenses arising from or related to their use of our services.

 

9. Amendments and Modifications

DB Digital reserves the right to modify these ToS at any time. Clients are advised to revisit this page occasionally to ensure their compliance, but formal notifications will also be sent out to notify them of any changes.

 

10. Governing Law

These ToS are governed by the laws of the Republic of South Africa. Any disputes will be resolved through negotiation, followed by arbitration in Cape Town, if necessary.

 

11. Contact Information

For any questions or concerns regarding these ToS, please contact us at [email protected]