SnappSales Client Terms and Conditions
The website www.snappsales.com is owned and run by SnappSales (Pty) Ltd, registration number 2015/152933/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “SnappSales”).
The Service offered on the website is effectively marketing with the goal of generating sales leads.
These Terms and Conditions between SnappSales and the Client govern the provision of this Service by SnappSales to the Client and by accepting the Terms and Conditions when registering as a Client on the website, the Client agrees to be bound by the Terms and Conditions. The Terms and Conditions is a legally binding document.
In these Terms and Conditions, any words expressing the singular shall be deemed to include the plural and vice versa and reference to any one gender shall include the other. Any reference to persons includes both legal and natural persons. These Terms and Conditions shall be interpreted and applied in accordance with the laws of the Republic of South Africa provided that any rule of interpretation whereby a contractual ambiguity, gap or inconsistency shall be interpreted against the party responsible for its drafting shall be excluded from these Terms and Conditions. If any period is referred to in these Terms and Conditions by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the day shall be the next succeeding Business Day.
“Business Day” means a day which is not a Saturday, Sunday or South African public holiday;
“Confidential Information” means all information and data of any nature, whether tangible, intangible, oral or in writing and in any format or medium, that is obtained or learned by, disclosed to or comes to the knowledge of a Party (“Receiving Party”) by or from the other Party (“Disclosing Party”) during the course or arising out of these Terms and Conditions, by whatsoever means, which by its nature or content is or ought reasonably to be identifiable as confidential or proprietary to the Disclosing Party or which is disclosed in confidence and whether or not it is marked or identified as ‘confidential’, ‘restricted’, ‘proprietary’ or in similar fashion, including information and data relating to its strategic objectives, business plans, business relationships, customers and Staff; information and data contained in or constituting its information technology; its proprietary Intellectual Property and/or Intellectual Property that is proprietary to a third party and in respect of which it has rights of use or possession;
“Intellectual Property” means, collectively, patents, copyright, trademarks, logos, style names, slogans, designs, models, methodologies, know-how, inventions, trade and business secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain, use or for their protection) which are used or held, whether or not currently, in connection with a party’s business;
“Parties” means SnappSales and the Client and “Party” will mean any one of them as the context may indicate;
“POPI Act” means Protection of Personal Information Act of 2013.
SnappSales Services and Deliverables
Depending on the package selected by the Client upon registration, SnappSales will provide the following Services to the Client:
Services and deliverables scheduled as per Annexe A
Business Intelligence: SnappSales will confer with the Client on a regular basis with regards to objections faced and any other critical information
SnappSales shall render such Services conscientiously, devoting its best efforts and abilities thereto and shall at all times promote the interests of the Client. Ad spend is non-refundable and non-transferable. Outright purchases are non-refundable and non-transferable. Any registered domain(s) that form part of the marketing campaign and will be registered as the property of the Client.
Any additional support services could be provided by SnappSales to the Client as may be agreed upon in writing by the parties from time to time, which support services would be invoiced at a rate of R350 per hour in addition to the fees as set out below.
The Client shall provide SnappSales with such assistance in rendering the Services, as is reasonable and as may be requested by SnappSales from time to time. The Client shall also give SnappSales access to the particular person’s calendar whom we are setting up the appointments for. In the event that SnappSales sets up an appointment in an “empty block” on the calender and the client requests the appointment to be changed, then the client will be liable for a R500 “appointment moving” fee.
In consideration for the Services rendered and depending on the package selected by the Client upon registration, the Client will pay to SnappSales the following fees monthly in advance and into the bank account as detailed on the SnappSales invoice, which invoice is payable before Services will commence:
Fees applicable as per Annexe A
The monthly fees payable for these Services include the expenses incurred by SnappSales in making the contact calls.
In addition to the fees noted above, SnappSales shall be entitled to reimbursement of the following out-of-pocket expenses, to be authorised by the Client in advance, which expenses will be included in the invoice, to which the relevant receipts would be attached, for the month following the month in which the expenses were incurred:
- Delivery/Shipping Fees
- Printing and artwork
- Project-related long-distance telephone calls, i.e. international calls only
- Other authorised expenses incurred solely for the Client.
Duration and Termination
Please refer to Annexe A
In the event of any of the Parties (“the Defaulting Party“) committing a breach of any of these Terms and Conditions and failing to remedy such breach within a period of 7 (seven) days after receipt of a written notice from another Party (“the Aggrieved Party“) calling upon the Defaulting Party so to remedy, then the Aggrieved Party shall be entitled, at its sole discretion and without prejudice to any of its other rights in law, either to claim specific performance of the Terms and Conditions as set out herein or to cancel these Terms and Conditions forthwith and without further notice, claim and recover damages from the Defaulting Party.
Relationship of Parties
It is specifically recorded that SnappSales will perform independent services. It is accordingly recorded that SnappSales and its employees are not employees of the Client in respect of legislation that may normally be applicable to an employer/employee relationship. It is furthermore specifically recorded that SnappSales shall be solely responsible for the payment of income tax on behalf of its employees.
Intellectual Property and Confidentiality
Non-Disclosure, Confidentiality and IP Protection as discussed in our NDA (Link) and signed NDA will be emailed to all Parties.
Return of Records
Upon termination of this engagement, SnappSales shall deliver all records, notes, data, memoranda, models and equipment of any nature that are in the SnappSales’s possession or under the SnappSales’s control and that are the Client’s property or relate to the Client’s business to the Client. Should there be any outstanding invoices payable to SnappSales, SnappSales reserves the right to keep such records until all outstanding invoices are settled in full.
SnappSales’s service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. SnappSales is not responsible for any delays, delivery failures, or other damage resulting from such problems.
In particular, SnappSales shall not be penalised if it does not reach the agreed upon First Contact calls per week, if failure to do so is due to the fact that a particular week contains a Public Holiday/s and/or as a result of load shedding. Delays in this regard will be detailed in the weekly report that is presented to the Client.
In the event of any dispute or difference arising between the Parties hereto relating to or arising out of these Terms and Conditions, including the implementation, execution, interpretation, rectification, termination or cancellation of these Terms and Conditions, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of 2 (two) months, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held at Cape Town or such other place as the Parties may agree.
These Terms and Conditions contain the entire Agreement between the Parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
The Client agrees that SnappSales may provide notice to the Client by sending it to the email address associated with the Client’s registered account. All notices to SnappSales must be sent to the following email address: email@example.com.
If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right
The failure of either party to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.